HomeMy WebLinkAbout2016-08-16 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 16th day of August, 2016, in
Emma J. Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
An ordinance conditionally changing the
zoning from General Industrial (1-1) zone
to Intensive Commercial (CI -1) zone for
approximately 36,416 square feet of
property located 2114 — 2118 S. Riverside
Drive and 103 Commercial Drive.
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
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.
4. In consideration of the City's rezoning the subject roperty, Owners agree that
development of the subject property will conform to all her requirements of the zoning
chapter, as well as the following condition: outdoor storage and display of for the
purpose of retail uses, including vehicle sales, shall116
limited to the west side of Unit
Al.
5. The Owners andpplicant, and City acknowledge that the conditions contained herein
are reasonable co ditions to impose on the lanai under Iowa Code §414.5 (2015), and
that said conditions satisfy public needs that are caused by the requested zoning
change. '
6. The Owners and Ap licant and City acknowledge that in the event the subject property
is transferred, sold, r developed, or subdivided, all redevelopment will conform with the
terms of this Conditiorial Zoning Agreement.
7. The parties acknowledgthat 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 acknowl gg'that this agreement shall inure to the benefit of and bind
all successors, representativ and assigns of the parties.
8. The Owners acknowledge tha nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owners om complying with all other applicable local, state, and
federal regulations.
9. The parties agree that this Condi onal Zoning Agreement shall be incorporated by
reference into the ordinance rezonin the subject property, and that upon adoption and
publication of the ordinance, this agr ement shall be recorded in the Johnson County
Recorder's Office at the applicant's exp nse.
Dated this day of, 20_
CITY OF IOWA CITY COM RCl/
James A. Throgmorton, Mayor
Attest:
Marian K. Karr, City Clerk By:
Approved by: f`
-BY
ppa WagVv - wmm mat ane condo asmn
DRIVE I OWNERS ASSOCIATION
I«
City Attorney's Office BY: CLARK D. GRIF N
CITY OF IOWA CITY ACKN
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged
Throgmorton and Marian K. Karr as I
BY: AMELIA J. G2CTION.
IN d
ROCON CONST L.L.C.
BY:
INC.
f
me on , 20_ by James A.
City Clerk, respectively, of the City of Iowa City.
Title
Public in and for the State of Iowa
fpr Seal)
COMMERCIAL DRIVE I OWNERS ASSOCIATION AC OWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY ) ,'
This instrument was acknowledged before me on 20_ by
as of COMMERCIAL
DRIVE I OWNER$ ASSOCIATION.
Notary Public in and for said, County and State
ppdadMagg=a- wmmamial drive condo assn.doc 3
1"U N97
Aug 2, 2016
In reference to the rezoning for the Veterans Liberty Center at 2114-2118 South Riverside Drive in
Iowa City, it is our understanding if the City Council votes on this twice during the Aug 16,2016
meeting it will speed up the zoning request. If this is the case we would like to have this done.
Thank ou n�
C erald Peters
Conditional Zoning Agreement Page 1 of 1
From: Bob Miklo <Bob-Miklo@iowa-city.org>
To: 'Icdingman@mchsi.com' <Icdingman@mchsi.com>;'proway2@aol.com' <proway2@aol.com>;
Iroconllc@outlook.com' <roconllc@outlook.com>; 'cgriff4@outlook.com' <cgriff4@outlook.com>
Subject: Conditional Zoning Agreement
Date: Thu, Jul 28, 2016 5:09 pm
Attachments: CZA- Commercial Drive Condo Assn. pdf (287K)
Gentlemen,
On July 21 the Planning and Zoning Commission recommended that the rezoning of your property from
General Industrial (1-1) to Intensive Commercial (CI -1) be approved subject to a Conditional Zoning Agreement
specify auto sales will be limited to the west side of the building at 2114-2118 Riverside Drive. The City
Council will consider the rezoning on August 16.
I have attached the Conditional Zoning Agreement for your review and signatures. Larry, because the
Veterans Liberty Center is buying the property on contract, you will need to obtain the signatures of Joyce
and Larry Kral. All signatures will need to be notarized. You may print out a copy of the agreement and sign it
in the presence of a notary and return the signature page to the City Clerk, or you may visit the City Clerk's
office in City Hall at 410 E. Washington Street and sign the original there.
All signatures must be the to the City Clerk before the City Council meeting on August 16.
If you have any questions feel free to contact me by phone or email. I will be out of the office from August 1
to 8.
Thank you.
:..
Robert Miklo, Senior Planner
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
319 356 5240
https://mail.aol.com/webmail-std/en-us/PrintMessage 7/29/2016
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Bob Miklo and Marti Wolf, Planning
Planning Intern
Item: REZ16-00004 103 Commercial Drive Date: July 21, 2016
and 2114 - 2116 Riverside Drive
GENERAL INFORMATION
Applicant: Veterans Liberty Center
2116 S. Riverside Drive
Iowa City, IA 52246
319-499-1576
Prowav2(cDaol.com
Contact: Larry Dingman
15 Learner Ct.
Iowa City, IA 52246
319-333-6090
Icdinaman(cDmchsi.com
Requested Action
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Rezoning from General Industrial (1-1) to Intensive
Commercial (CI -1)
To allow commercial and office uses.
Southeast corner of Riverside Drive and Commercial
Drive
Approximately 35,000 square feet
Office and repair shop - 1-1
North: Commercial - CI -1
South: Residential —1-1
East: Commercial and industrial -CI-1 and 1-1
West: Commercial - CIA
South Central District — Intensive Commercial
July 14, 2016
August 28, 2016
The applicant, Larry Dingman on behalf of Veterans Liberty Center, is requesting approval of a
rezoning from General Industrial (1-1) zone to Intensive Commercial (CI -1, to bring current uses of
a veterans support center and auto repair shop into conformance. The property at 2114-2118
Riverside Drive and 103 Commercial Drive has two buildings, each with three commercial
condominiums. The auto repair shop wishes to expand its services to sell cars, requiring a state
license, verifying that such use is accepted under the current zoning. Car sale lots are not allowed
in the General Industrial (1-1) zones, so a rezoning of the entire property is required to permit this
use.
ANALYSIS
Current zoning: The purpose of the General Industrial Zone (1-1) is to provide the opportunity
for the development of most types of industrial firms. Regulations are designed to protect
adjacent development. Some of the current uses of the property are not considered industrial
uses and are considered non -conforming. They would not be allowed to expand and the
tenant's request to establish car sales on the property is not allowed in the 1-1 zone.
Proposed zoning: The purpose of the CI -1 zone is to provide areas for those sales and service
functions and businesses whose operations are typically characterized by outdoor display and
storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor
commercial amusement and recreational activities or by activities or operations conducted in
buildings or structures not completely enclosed. The types of retail trade in this zone are limited
in order to provide opportunities for more land intensive commercial operations and also to
prevent conflicts between retail and industrial truck traffic. Special attention must be directed
toward buffering the negative aspects of allowed uses from adjacent residential zones.
This property contains two buildings, each with three commercial condominiums. The Veterans
Liberty Center, a non-profit organization that provides services to veterans, owns the three
condominiums located in the western building (2114-2118 Riverside Drive). They lease part of the
space to an auto repair firm, and use the remainder of the building to provide their services and as
meeting space. Griffin Construction owns two condominiums in the eastern building (103
Commercial Drive) and leases part of the space to company that roasts coffee for distribution to
retailers. RoCon Construction owns the other space.
The auto repair shop wishes to expand its services to sell used cars. Car sales require a state
license, verifying that such use is accepted under the current zoning. Car sale lots are not allowed
in the General Industrial (1-1) zones, so a rezoning of the property is required to permit this use.
In June staff met with the applicant and the owners of the other commercial condominiums
located on this property. There was some concern that introducing auto sales to the property
might be in conflict with the contractor's facilities by bringing customers to the back side of the
western building. The common driveway between the two buildings provides access to overhead
doors to the contractor's shops and storage facilities in the eastern building. To help assure that
the proposed auto sales business is compatible with the existing business, it was agreed that the
auto sales be restricted to the western part of the property. The property owners also reached a
private agreement regarding management of other aspects of the common space. The attached
photograph shows the area where auto sales will be allowed if the rezoning is approved.
The parcels immediately to the north and west are zoned CIA, so a rezoning of this parcel would
be compatible with the neighborhood and the land use designation in the Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends approval of REZ16-00004, an application submitted by the Veteran's Liberty
Center for a rezoning from 1-1 to CI -1 for approximately 35,000 square feet of property located at
2014-2018 Riverside Drive and 103 Commercial Drive subject to a Conditional Zoning Agreement
specifying that vehicle sales will be limited to the west side of the building at 2114-18 S.
Riverside Drive. Vehicle sales display and customer parking will not be permitted on the east
side of the building.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph �% /� \/
Approved by: / ✓
John Yapp, Developm nt Services Coordinator,
Department of Neighborhood and Development Services
NIONENNIN
W E
S
0 0.0125 0.025 0.05 Miles
I i I i I
City of Iowa City
REZ16-00004
Veterans Liberty Center & Auto Shop
110
■ ■ ■ • ■ 4 ■ ■ 1 ■ ■
i
'Hifi r a
r■ SW
= q, .—
f,
sit
Prepared By: Marti Won
Date Prepared: June 2
F� 'm
w
a r-;aw
•"m
I
From:
Trip Strub <trip.strub@mullerplumbing.com>
Sent:
Thursday, July 21, 2016 10:49 AM
To:
Bob Miklo
Subject:
REZ16-00004, Veterans Liberty Center & Auto Shop
C�.
The purpose of this email is to register our objection to the rezoning application specific to Veterans Liberty
Center & Auto Shop. CI -1 zoning allows for the outdoor storage of large equipment and/or motor
vehicles. Our concern is twofold, a) the limited space available for these activities and b) the possibility of
disabled vehicles being stored in the already limited parking areas of both buildings being considered for
rezoning.
The commentary for CI -1 zoning, further states "special attention must be directed towards buffering the
negative aspects of allowed uses from adjacent residential zones". It would also seem reasonable that care be
given to mitigate the negative aspects of a zoning change on the existing adjacent businesses. Given the limited
physical space and parking available, we are not in favor of the zoning change requested. Thank you for your
consideration.
Trip Strub
Strub-Tobin Holdings LLC
(319) 337-3312
Planning and Zoning Commission
July 21, 2016 — Formal Meeting
Page 9 of 12
standards are requiring certain opacity of glass in storefronts and that detail with regards to the
character of the neighborhood so why wouldn't hours of operation fit into character of the
neighborhood. Howard noted that Staff would take a look at that and understands the concern
Freerks closed the public hearing.
Parsons moved to defer REZ16-00006 an application submitted by the City of Iowa City
for a rezoning of multiple properties encompassing portions of the 500 blocks of Iowa
Avenue, College Street, Washington Street and Burlington Street from Central Business
Support (CB -5), Central Business Service (CB -2) and Neighborhood Stabilization
Residential (RNS-20) to Eastside Mixed Use (EMU).
Martin seconded the motion.
A vote was taken and the motion carried 6-0.
REZONING ITEM (REZ16-00001
Discussion of an application submitted by Larry Digman on behalf of Veterans Liberty Center for
a rezoning from General Industrial (1-1) zone to Intensive Commercial (CI -1) zone for
approximately 35,000 square feet of property located at 2114-2118 S. Riverside Drive and 103
Commercial Drive.
Miklo showed an aerial photo of the location of the property and the two buildings that are on
the property. It is somewhat unique that it is a commercial condominium regime, there are three
condominiums in each building. Three are owned by the Veterans Liberty Center, a non-profit
services organization for veterans. They currently lease out part of that space to an auto repair
shop. The other three condominiums are owned by a contractor/cabinet maker, a construction
company and the third one is owned by the contractor/cabinet maker but leased to a coffee
roasting company.
Miklo said that the auto repair shop moved in not knowing that their use was not allowed in an I-
1 zone. This came to the City's attention when the auto repair shop inquired about expanding
the business to include car sales. Car sales are also not allowed in the 1-1 zone. Therefore the
Veterans Liberty Center approached the City about rezoning the property. During that
discussion it was discovered they did not own the entire property, they only owned their
condominiums. So the staff had discussions with the other two condominium owners and they
did express some concern about car sales. With their business there is a lot of heavy truck
traffic and they need to be assured the docks in the back of the business are accessible They
were concerned that retail customers for a car sales lot would interfere with their use of the
driveway to their buildings.
There was a meeting of all the condominium property owners and they agreed to go along with
the rezoning of their property subject to the car sales being limited to the front of the property
and no retail traffic would come to the back of the property.
Miklo also noted that a letter was received from an adjacent person who has a property to the
east who is also concerned about the CI -1 zone and the outdoor storage that it allows. He noted
that outdoor storage is also allowed by the current 1-1 zoning that applies to the property.
Planning and Zoning Commission
July 21, 2016 — Formal Meeting
Page 10 of 12
Staff recommends approval of REZ16-00004, an application submitted by the Veteran's Liberty
Center for a rezoning from 1-1 to CI -1 for approximately 35,000 square feet of property
located at 2114-2118 Riverside Drive and 103 Commercial Drive subject to a Conditional
Zoning Agreement specifying that vehicle sales will be limited to the west side of the building at
2114-18 S. Riverside Drive. Vehicle sales display and customer parking will not be permitted
on the eastside of the building.
Miklo noted that Larry Digman, the applicant, called him this afternoon and was not able to
attend the meeting this evening due to health concerns. He requested that if there are questions
or issues that the application be deferred to the next meeting.
Signs asked how many parking spaces would be required for this structure in either the current
or proposed zone. Miklo was not sure exactly but has been to the site but in terms of the
current uses it meets the standards. Howard noted that there is not difference in the parking
ratios, parking is based on the use not the zone. Signs stated his concern was the parking
seemed tight, and questioned if there was enough parking for auto sales plus customers of the
auto repair shop and parking also for those visiting the veteran's center.
Parsons asked how easy it would be for the City to enforce the vehicles for sale are in one
portion of the lot. Miklo said they would have to rely on complaints from adjacent property
owners.
Freerks questioned the residential homes in the 1-1 zone. Miklo although the property to the
south is zoned residential it currently contains residential uses which are grandfather in.
Freerks opened the public hearing.
Seeing no one, Freerks closed the public hearing.
Theobald moved to approve REZ16-00004, a rezoning from 1-1 to CIA for approximately
35,000 square feet of property located at 2114-2118 Riverside Drive and 103 Commercial
Drive subject to a conditional zoning agreement specifying that that vehicle sales will be
limited to the west side of the building at 2114-18 S. Riverside Drive.
Parsons seconded the motion.
A vote was taken and the motion carried 6-0.
CONSIDERATION OF MEETING MINUTES: JULY 7, 2016
Parsons moved to approve the meeting minutes of July 7, 2016 with a minor edit.
Theobald seconded the motion.
A vote was taken and the motion passed 6-0.
Planning and Zoning Commission
July 21, 2016 — Formal Meeting
Page 9 of 12
disruptive to nearby residents, such as DP Dough restaurant that is open until 4 AM. She stated
that if the City wants to make these new form -based districts attractive for long term residents
and not just students that these types of things need to be taken into account, such as hours of
operation, lighting, etc.
Hektoen clarified the Code Amendment does not say no alcohol sales (for example, restaurants
can sell alcoholic beverages), but there are restrictions on drinking establishments and alcohol
oriented retail uses. Howard added that the new EMU District would not allow any new drinking
establishments or alcohol sales -oriented uses in this area. Hektoen clarified that restaurants
that serve alcohol are distinguished from drinking establishments based on the hours of
operation.
Signs questioned why D.P. Dough is allowed to stay open until 4 a.m. Howard replied that they
do not serve alcohol so they can set their business hours. Signs questioned why the code could
have detailed standards such as the opacity of glass in the storefronts or other details that make
buildings fit into the neighborhood, why couldn't it specify hours of operation so there is a better
fit into character of the neighborhood. Howard noted that Staff would take a look at that issue
and understands the concern.
Freerks closed the public hearing.
Parsons moved to defer REZ16-00006 an application submitted by the City of Iowa City
for a rezoning of multiple properties encompassing portions of the 500 blocks of Iowa
Avenue, College Street, Washington Street and Burlington Street from Central Business
Support (CB -5), Central Business Service (CB -2) and Neighborhood Stabilization
Residential (RNS-20) to Eastside Mixed Use (EMU).
Theobald seconded the motion.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ16-00004):
Discussion of an application submitted by Larry Digman on behalf of Veterans Liberty Center for
a rezoning from General Industrial (1-1) zone to Intensive Commercial (CI -1) zone for
approximately 35,000 square feet of property located at 2114-2118 S. Riverside Drive and 103
Commercial Drive.
Miklo showed an aerial photo of the location of the property and the two buildings that are on
the property. It is somewhat unique that it is a commercial condominium regime, there are three
condominiums in each building. Three are owned by the Veterans Liberty Center, a non-profit
services organization for veterans. They currently lease out part of that space to an auto repair
shop. The other three condominiums are owned by a contractor/cabinet maker, a construction
company and the third one is owned by the contractor/cabinet maker but leased to a coffee
roasting company.
Miklo said that the auto repair shop moved in not knowing that their use was not allowed in an I-
1 zone. This came to the City's attention when the auto repair shop inquired about expanding
the business to include car sales. Car sales are also not allowed in the 1-1 zone. Therefore the
Planning and Zoning Commission
July 21, 2016—Formal Meeting
Page 10 of 12
Veterans Liberty Center approached the City about rezoning the property. During that
discussion it was discovered they did not own the entire property, they only owned their
condominiums. So the staff had discussions with the other two condominium owners and they
did express some concern about car sales. With their business there is a lot of heavy truck
traffic and they need to be assured the docks in the back of the business are accessible They
were concerned that retail customers for a car sales lot would interfere with their use of the
driveway to their buildings.
There was a meeting of all the condominium property owners and they agreed to go along with
the rezoning of their property subject to the car sales being limited to the front of the property
and no retail traffic would come to the back of the property.
Miklo also noted that a letter was received from an adjacent person who has a property to the
east who is also concerned about the CI -1 zone and the outdoor storage that it allows. He noted
that outdoor storage is also allowed by the current 1-1 zoning that applies to the property.
Staff recommends approval of REZ16-00004, an application submitted by the Veteran's Liberty
Center for a rezoning from 1-1 to CIA for approximately 35,000 square feet of property
located at 2114-2118 Riverside Drive and 103 Commercial Drive subject to a Conditional
Zoning Agreement specifying that vehicle sales will be limited to the west side of the building at
2114-18 S. Riverside Drive. Vehicle sales display and customer parking will not be permitted
on the eastside of the building.
Miklo noted that Larry Digman, the applicant, called him this afternoon and was not able to
attend the meeting this evening due to health concerns. He requested that if there are questions
or issues that the application be deferred to the next meeting.
Signs asked how many parking spaces would be required for this structure in either the current
or proposed zone. Miklo was not sure exactly but has been to the site but in terms of the
current uses it meets the standards. Howard noted that there is not difference in the parking
ratios, parking is based on the use not the zone. Signs stated his concern was the parking
seemed tight, and questioned if there was enough parking for auto sales plus customers of the
auto repair shop and parking also for those visiting the veteran's center.
Parsons asked how easy it would be for the City to enforce the vehicles for sale are in one
portion of the lot. Miklo said they would have to rely on complaints from adjacent property
owners.
Freerks questioned the residential homes in the I-1 zone. Miklo although the property to the
south is zoned residential it currently contains residential uses which are grandfather in.
Freerks opened the public hearing.
Seeing no one, Freerks closed the public hearing.
Theobald moved to approve REZ16-00004, a rezoning from 1-1 to CIA for approximately
35,000 square feet of property located at 2114-2118 Riverside Drive and 103 Commercial
Drive subject to a conditional zoning agreement specifying that that vehicle sales will be
limited to the west side of the building at 2114-18 S. Riverside Drive.
Planning and Zoning Commission
July 21, 2016—Formal Meeting
Page 11 of 12
Parsons seconded the motion.
A vote was taken and the motion carried 6-0.
CONSIDERATION OF MEETING MINUTES: JULY 7. 2016
Parsons moved to approve the meeting minutes of July 7, 2016 with a minor edit.
Theobald seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
None.
ADJOURNMENT:
Parsons moved to adjourn.
Theobald seconded.
A vote was taken and motion carried 6-0.
N
O
CI+
C_
C
Prepared by: Bob Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240 (REB% -00004)
ORDINANCE NO.
11 0..,
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 34,416 SOUME FEET OF
PROPERTY FROM GENERAL INDUSTRIAL (1-1) ZONE I INTENSIVE OMMERCIAL (CI -1) ZONE
LOCATED AT 2114-2118 RIVERSIDE DRIVE AND 103 COMMERCIAL DRI , (REZ16-00004)
WHEREAS, the applicant, The Veterans Liberty Center, has requested rezoning of property located at
2114-2118 Riverside rive and 103 Commercial Drive from General Indus ial (1-1) to Intensive Commercial
(CI -1) which permits o door storage and display oriented retail uses, ' cluding the display and sale of
vehicles; and; and
WHEREAS, the Compftbensive Plan indicates that this area is propriate for intensive commercial
uses; and
WHEREAS, using this prop for the retail sale of vehicles
causing the need to limit the displa area to avoid conflicts with oth
WHEREAS, the Planning and Zo ' g Commission has review
that it complies with the Comprehensi Plan provided that it yh
separate retail uses, such as vehicle sales, rom quasi -industrial s,
on the property; and
WHEREAS, Iowa Code §414.5 (2015) p vides that t
conditions on granting a rezoning request, ove nd abov e:
needs caused by the requested change; and
WHEREAS, the owners have agreed that t pr perp
terms and conditions of the Conditional Zoning eemei
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY T C
IOWA:
SECTION I APPROVAL. Subject to the Condit' nal Zoning ,
herein, property described below is hereby r ossified from
Industrial (1-1) to Intensive Commercial (CI -1):
Day draw additional traffic to the site,
r non -retail uses; and
the proposed rezoning and determined
its conditions addressing the need to
such as contractor's facilities, located
City of Iowa City may impose reasonable
isting regulations, in order to satisfy public
shall be developed in accordance with the
attached hereto to ensure appropriate
COUNCIL OF THE CITY OF IOWA CITY,
ement attached hereto and incorporated
current zoning designation of General
Commercial Drive I Condominium, a horizontal property re 'me, according to the Declaration
thereof recorded at Book 765, Pag 1, Records of the Johnson unty, Iowa Recorder.
SECTION II. ZONING MAP. The buil mg official is hereby authorized an irected to change the zoning
map of the City of Iowa City, Iowa, to nform to this amendment upon the al passage, approval and
publication of the ordinance as approve by law.
SECTION III. CONDITIONAL ZO approve/
AGREEMENT. The mayor is hereby au orized and directed to
sign, and the City Clerk attest, the Aonditional Zoning Agreement between the pro owner(s) and the
City, following passage and approv9f of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized d Johdirected to certify a copy of this ordinance, and record the same in the
Office of the County Recorder nson County, Iowa, at the Owner's expense, upon the oval passage,
approval and publication of th' ordinance, as provided by law.
SECTION V. REPEAL . All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby reled.
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.
Ordinance No.
Page 2
Passed and approved this day of 20
MAYOR
ATTEST:
ApProved by
CfA2 �
City Attorney
N
,7
Prepared by: Bob Minto, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ16-00004)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Commercial Drive I Owners Association, Joyce and Larry Kral, Clark D. and
Amelia J. Griffin, RoCon Construction. L.L.C. and Veterans Liberty Center, Inc. (hereinafter
collectively referred to as "Owners").
W REAS, Owners are the collective title holders of approximately .836 acres of
property Ioca d at 2114 - 2118 S. Riverside Drive and 103 Commercial Drive, known as the
Commercial D e I Condominiums; and
WHEREA Zans Liberty Center requested the rezoning of said property from
General Industrial Intensive Commercial (CI -1), which permits outdoor storage and
display -oriented retais, including the display and sale of ve cles; and
WHEREAS, using is property for the retail sale of vehi les may draw additional traffic to
the site, causing the nee o limit the display area to avoid onflicts with other non -retail uses;
and
WHEREAS, the Planning nd Zoning Commission as determined that, with appropriate
conditions regarding the locatio of vehicle sales, the equested zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414. (2 15) pro des that the City of Iowa City may impose
reasonable conditions on granting a r oning re est, over and above existing regulations, in
order to satisfy public needs caused by t requ ted change; and
WHEREAS, the Owners acknowle a that certain conditions and restrictions are
reasonable to ensure the development of property is consistent with the Comprehensive
Plan and the need to separate retail uses, ch s vehicle sales, from quasi -industrial uses, such
as contractor's facilities, located on the pi erty; a
WHEREAS, the Owners agree develop thi roperty in accordance with the terms and
conditions of a Conditional Zoning A eement.
NOW, THEREFORE, in
parties agree as follows:
1. Commercial Drive I
Griffin, and RoCon
legally described asp
of the mNal promises contained herein, the
Association, Joyce and L ry Kral, Clark D and Amelia J
;tion are the collective leg title holders of the property
N
O_
Commercial Dri I Condominium, a horizontal property\ee� accor&g t*-
Declaration the of recorded at Book 765, Page 1, Records oohtrisgn CFUntyjaa
Recorderco
2. Veterans L' erty Center, Inc. is the contract purchaser of A~1h and M2 in"' Ad
condominium egime. P }
3. The Owners acknowledge that the City wishes to ensure conformance to the -principles
ppdad"agV¢a- commercial dove condo assn. doc
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.
4. In consideration of the City's rezoning the subject property, Owners agree that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following condition: outdoor storage and display of for the
purpose of retail uses, including vehicle sales, shall be limited to the west side of Unit
Al.
5. T Owners and Applicant, and City acknowledge that the conditions contained herein
are easonable conditions to impose on the land under Iowa Code §414.5 (2015), and
that b6pid conditions satisfy public needs that are caused by the requested zoning
6. The Own s and Applicant and City acknow/unless
t in the event the subject property
is transfers ,sold, redeveloped, or subdividevelopment will conform with the
terms of this onditional Zoning Agreement.
7. The parties ack wledge that this ConditionAgreement shall be deemed to be
a covenant runnin with the land and with tland, and shall remain in full force
and effect as a cov nant with title to the Iaor until released of record by the
City of Iowa City.
The parties further ackn le
all successors, represents '
8. The Owners acknowledge tl
construed to relieve the Own
federal regulations.
9. The parties agree that this
reference into the ordinance
publication of the ordinance
Recorder's Officeat the app
Dated this day of
CITY OF IOWA CITY
James A. Throgmorton, yor
Attest:
Marian K. Karr, City CI rk
Approved by:
ppdadMagV¢a- cemmemW dnve condo a3w doc
that this Agreement shall inure to the benefit of and bind
and ass' ns of the parties.
Kg in this Conditional Zoning Agreement shall be
complying with all other applicable local, state, and
Zoning Agreement shall be incorporated by
subject property, and that upon adoption and
ent shall be recorded in the Johnson County
DRIVE I OWNERS ASSOCIATION
By: JOYCE KRAL
BY: LARRY KRAL
City Attorney's Office �Z8 �� BY: CLARK D. GRIFFIN
BY: AMELIA J. GRIFFIN
ROCON CONSTRUCTION. L.L.C.
BY:
VETERANS LIBERTY CENTER, INC.
\ BY: N
0
[T
CITY OF IOWA CIybefore
NT: c_ _ a
CO
STATE OF IOWA
JOHNSON COUNThis instrument we m on 20by James A.
Throgmorton and MCity Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
Stamp or Seal)
Ti (andRank)
COMMERCIAL DRIVE I
STATE OF IOWA )
)s
JOHNSON COUNTY
This instrument w s
ASSOCIA
acknowledged before me on
as
DRIVE I OWNEI;6 ASSOCIATION.
ENT:
20_ by
of COMMERCIAL
Notary Public in and for said County and State
pptlatlmlagVcza- commercial drive condo assn Goc 3
(Stamp or Seal)
Title (and Rank)
JOYCE AND LARRY KRAL ACKNOWLEDGMENT:
State of _
County of
This record was acknowledged before me on
Larry Kral N
CLARK D. AND AMELIA J. G
State of _
County of
This record was acknowledged
and Amelia J. Griffin.
ROCON
State of
County of
This record
(type of
day of 2016, by Joyce and
Notary Public i and for the State of
(Stamp or S al)
Title (and ank) o
My co mission expires: -71
p
CKN LEDGMENT:
N
me n day of 2016, by Clark D.
NotaN\Public in and for the State of
(Stamp o)
Title (and
My comm
L.L.C. ACKNOWLEDGMENT:
cknowledged before me on , 2006 by
(Name(s) of individual(s)) as
such as officer or trustee) of Rocon Construction, L.L.C.
Notary Public in and for the State of
ppdadmlagVoza- commercial drive condo assn.doc 4
VETERANS
State of _
County of
(Stamp or Seal)
Title (and Rank)
My commission expires:
TY CENTER, INC. ACKNOWLEDGMENT:
This record was acknowle ed before me on
Name(s) of individua
(type of authority, such as off ic* or trustee) of Vetg
2016 by
as
Liberty Center, Inc.
,Notary Public in and for the State of
Stamp or Seal)
Titl and Rank)
My com 'ssion expires:
N
T
ppdatlMagt/=- commercial drive condo assn d. 5
Prepared by: Bob Mildo, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ16-00004)
CONDITIONAL ZONING A�REEMENT
THIS AGREEMENT is made among the City of Pwa City, Iowa, a municipal corporation
(hereinafter "City"), Commercial Drive I Owners Associeftion, Joyce and Larry Kral, Clark D. and
Amelia J. Griffin, RoCon Construction. L.L.C. and V terans Liberty Center, Inc. (hereinafter
collectively referred to as "Owners"). i
WHEREAS, Owners are the collective title 'holders of approximately .836 acres of
property located at 2114 — 2118 S. Riverside Drive and 103 Commercial Drive, known as the
Commercial Drive I Condominiums; and
WHEREAS, Veterans L' erty Center requested the rezoning of said property from
General Industrial (1-1) toIntenshve Commercial (CI -1), which permits outdoor storage and
display -oriented retail uses, including the display and sale of vehicles; and
WHEREAS, using this property f the retail sale of vehicles may draw additional traffic to
the site, causing the need to limit the di lay area to avoid conflicts with other non -retail uses;
and
WHEREAS, the Planning and Zoning
conditions regarding the location of vehicle
Comprehensive Plan; and
ission has determined that, with appropriate
the requested zoning is consistent with the
WHEREAS, Iowa Code §414.5 (2015) provid s that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, ver and above existing regulations, in
order to satisfy public needs caused by the requested chd ge; and
WHEREAS, the Owners acknowledge that certai conditions and restrictions are
reasonable to ensure the development of the property is co sistent with the Comprehensive
Plan and the need to separate retail uses, such as vehicle sales, rom quasi -industrial uses, such
as contractor's facilities, located on therttproperty; and
I \
WHEREAS, the Owners agreto develop this property in ac*dance with the terms and
conditions of a Conditional Zoning A reement. \
NOW, THEREFORE, in cgfisideration of the mutual promises �pntained herein, the
parties agree as follows: l
1. Commercial Drive I Owne s Association, Joyce and Larry Kral, Clar D and Amelia J
Griffin, and RoCon Cons ruction are the collective legal title holders f the property
legally described as:
Commercial Drive I C ndominium, a horizontal property regime, according to the
Declaration thereof re ded at Book 765, Page 1, Records of the Johnson County, Iowa
Recorder.
2. Veterans Liberty Ce ter, Inc. is the contract purchaser of Units A-1 and A-2 in said
condominium regime.
r.�
2. The Owners acknowledge that the City wishes to ensure conformance to the principles
ppdadnVagVcza-comm nNa$ dnve condo assn.doc 1
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 roperty, Owners agree that
development of the subject property will conform to all qt her requirements of the zoning
chapter, as w ll as the following condition: outdoor torage and display of for the
purpose of retaiuses, including vehicle sales, shall b limited to the west side of Unit
Al.
4. The Owners and App cant, and City acknowledge hat the conditions contained herein
are reasonable conditio to impose on the land nder Iowa Code §414.5 (2015), and
that said conditions sat\andity
eeds that re caused by the requested zoning
change.
5. The Owners and Applicacknowle ge that in the event the subject property
is transferred, sold, redeubdivid d, all redevelopment will conform with the
terms of this Conditional ment.
6. The parties acknowledge that this Co
a covenant running with the land and
and effect as a covenant with title to
City of Iowa City.
Zoning Agreement shall be deemed to be
to the land, and shall remain in full force
unless or until released of record by the
The parties further acknowledget hat t is agreem t shall inure to the benefit of and bind
all successors, representatives, and ssigns of the\nal
7. The Owners acknowledge that no ing in this Coing Agreement shall be
construed to relieve the Owners frm complying witplicable local, state, and
federal regulations.
8. The parties agree that this C nditional Zoning hall be incorporated by
reference into the ordinance r oning the subject that upon adoption and
publication of the ordinance, is agreement shall 'n the Johnson County
Recorder's Office at the appli that/no
Dated this day of
CITY OF IOWA CITY
20_
COMMERCIAL DRIVE I OWNERSASSOCIATION
James A. Throgmorton, Mayor
By:
o
Attest:
ry
f�w.
Marian K. Karr, City Clerk
By: JOYCE KRAL
Approved by:
BY: LARRY KRAL
v
)
ppdadMegUc -wmme al drive rondo assn.dw
Rezoning Item
REZ16-00004
Discussion of an application submitted by Larry Digman
on behalf of Veterans Liberty Center for a rezoning from
General Industrial (I-1) zone to Intensive Commercial
(CI -1) zone for approximately 35,000 square feet of
property located at 2114-2118 South Riverside Drive
and 103 Commercial Drive.
a�� !i^' r ; Y ` - raw Fi�jA' � 1y�a�. ; -D�, ♦ � _
COMMERCIAL DR
RESOLUTION OF INTENT TO
CONSIDER THE PROPOSED
CONVEYANCE OF A PORTION OF
COTTONWOOD AVENUE EAST OF
YEWELL STREET TO LAURA
CROSSETT AND SETTING A PUBLIC
HEARING ON SAID PROPOSAL FOR
AUGUST 16, 2016.
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City Council
of the City of Iowa City, Iowa, will conduct a public
hearing on its intention to convey that portion of
Cottonwood Avenue between 1402 Yewell Street
and 1502 Yewell Street, to Laura Crossett, the
adjacent property owner, at 7:00 p.m. on the 16th
day of August, 2016, said meeting to be held in
the Emma J. Harvat Hall in the City Hall, 410 E.
Washington Street in said city, or if said meeting
is cancelled, at the next meeting of the City
Council thereafter as posted by the City Clerk.
Said resolution is now on file in the office of the
City Clerk in the City Hall in Iowa City, Iowa, and
may be inspected by any interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said conveyance.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARIAN K. KARR, CITY CLERK
TC
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA
52240;319-356-5230
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CONVEYANCE OF A PORTION OF
COTTONWOOD AVENUE EAST OF YEWELL STREET TO LAURA
CROSSETT
WHEREAS, Applicant Laura Crossett, as owner of 1420 Yewell Street, has
requested that the City vacate and convey via quit clai deed that portion of
Cottonwood\Avenue east of Yewell Street to facilitate a addition to her house;
and
WHEREAS, tN City has declared its intention o approve this proposed
conveyance, set public hearing thereon an/apublic
ed notice as required by law;
and
WHEREAS, after app ving the vacation ublic right-of-way over said
portion of Cottonwood, is Council did hohearing on the proposed
conveyance in accordance iththepublisheand
WHEREAS, there currently ex* an
of this property, owned by MidA eri
to continue using the property for t
WHEREAS, it is in the public inter
fair market value thereof, subject
over the southerly 40' thereof.
NOW, THEREFORE, BE IT R
OF IOWA CITY, IOWA, THAT:
utility line across the southerly portion
rgy, who has expressed the intention
s; and
convey to Laura Crossett this property for
retention of an electric utility easement
VIED BY THE CITY COUNCIL OF THE CITY
1. The City Council des hereby authorize the
PORTION OF COI
STREET BETWEEN
IOWA CITY, IOWA,
RECORDS OF THE
Laura E. Crossett, o
electric utility ease
m�
for said rights. /
7HN
OOD AVENUE LOCA 77 AND 78, KIRKWOODHOWN IN PLAT BOOK
SON COUNTY, IOWA REC
ier successor in interest, subject
in consideration for payment of $1
conveyance of THAT
EAST OF YEWELL
EIGHTS ADDITION TO
PAGE 137 IN --THE
RIDER'S OFFXE to
t the retention.Df an
5,0 0, fair market!value
2. The Mayor i(authorized, and the City Clerk to attest, any and all documents
necessary to effectuate such conveyance in a form approved by theoCity
Attorney.
Passed and approved this day of , 2016.
MAYOR
N