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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