HomeMy WebLinkAbout2019-05-07 Public hearing NOTICE 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 2nd of April 2019, 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:
A resolution to amend the North District
Plan land use map from Multi-Family
Residential (8-13 dwelling units per acre)
to Low-Medium Mixed Residential (8-13
du/ac) for approximately 24 acres and
from Low-Medium Mixed Residential (8-
13 du/acj-taMulti-Family-Re '•-ntial (8-
du/ac) for approximately 24 ac •
(CPA18-00002).
An ordinance conditionally rezoning
approximately 73.15 acres of land from C o hk
Interim Development-Low Density
Single-Family(ID-RS)zone, Low Density r ov.^
Single-Family (RS-5) zone, Planned
Development Overlay / High Density clIZ 4
Single-Family Residential (OPD/RS-12)
zone, and Low Density Multi-Family Ckk 3
tn.
Residential (RM-12) zone to Planned ect-r h
Development Overlay / High Density
Single-Family Residential (OPD/RS-12)
zone for approximately 45.48 acres of
property and Planned Development
Overlay / Highway Commercial
(OPD/CH-1) zone for approximately
3.83 acres of property(REZ18-••e ' .
Copies of the propose• 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.
Kellie Fruehling, City Clerk
REZ18-00013
An ordinance conditionally rezoning approximately 73.15 acres of
property located south of Interstate-80, west of N. Dubuque Street, and
north of Foster Road, from Interim Development Single-Family
Residential (ID-RS), Low Density Single-Family Residential (RS-5), Low
Density Multi-Family Residential (RM-12), and High Density Single-
Family Residential with a Planned Development Overlay (OPD/RS-12) to
OPD/RS-12 for 50.82 acres, Highway Commercial with a Planned
Development Overlay (OPD/CH-1) for 20.45 acres, and Neighborhood
Public with a Planned Development Overlay (OPD/P-1) for 1.88 acres.
(First Consideration)
Item 11.a.: Rezoning South of Interstate 80, West
of N. Dubuque Street, and East of Mackinaw
Drive, commonly referred to as Forest View
Changes to Lot 1
•Removal of gas station and
market from Lot 1
•Dedicate Lot 1 to the City for
public open space
•Staff is recommending Lot 1 be
rezoned to Neighborhood
Public (N-1)Original Plans for
Lot 1 showing Gas
Station & Market
Additional Conditions
•All exterior lighting located shall be dark sky compliant with full cut-off
fixtures.
•All exterior lighting shall contain LED or similar light bulbs.
•A minimum of 2 off-street parking spaces per building for Lots 6, 7, 8, 12,
13, 14, and 15 shall contain Level 2 electric vehicle charging systems.
•Each manufactured home must have a foundation similar in appearance to
the foundations of stick-built homes. If using skirting, the skirting must be
constructed of high quality materials, such as stone, pre-cast concrete, or a
similar material.
•Purchase and install no more than four bus shelters for use within the
project area.
•Stripe the on-street parking area on both sides of Forest View Drive to
delineate the parking from the travel lanes.
Revised Condition
•Added reference to surface parking areas to the condition
related to approval and monitoring of landscaping:
•Development shall include screening and tree preservation along
Dubuque Street and landscaping of surface parking areas in
accordance with a detailed landscape plan approved by the City
Forester, which the Owner shall monitor and guarantee for five years
following planting. The landscape plan shall ensure the preservation
of existing trees along the Dubuque Street frontage in excess of the
code requirement.
Conclusion
•No additional protest petitions received. Super majority
vote of Council not required.
•Staff recommends closing the public hearing and voting on
the first reading of the ordinance.
City Council Meeting
Reunión del Ayuntamiento
May 7, 2019
Mayo 7, 2019
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Cross Section along North Dubuque Street
Corte Transversal Junto a North Dubuque Street
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Cross Section along North Dubuque Street
Corte Transversal Junto a North Dubuque Street
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Forest View Development
Urbanizacio ´n de Forest View
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Commercial Zone [OPD-CH-1]
Zona Commercial
THANK YOU
GRACIAS
5
ill
Prepared by: Anne Russett,410 E.Washington Street,Iowa City, IA 52240;(REZ18-00013)
Ordinance No.
An ordina •ce conditionally rezoning approximate' 73.15 acres of
property loc. ed south of Interstate-80, west of 1 . Dubuque Street,
and north of ,ster Road, from Interim Deve ,pment Single-Family
Residential (ID-- .), Low Density Single-F. ily Residential (RS-5),
Low Density Mult amily Residential (- -12), and High Density
Single-Family Resi• ntial with a Plap ed Development Overlay
(OPD/RS-12) to OP'/RS-12 for 5.58 acres and Highway
Commercial with a Pla ned Devel • •ment Overlay (OPD/CH-1) for
23.83 acres. (REZ18-0001
Whereas, the applicant, North Dubuque LL I an' the Forest View Tenants Association, have requested
a rezoning of property located south of Interstate-:I, west of N. Dubuque Street, and north of Foster Road
from Interim Development Single-Family Reside is ID-RS), Low Density Single-Family Residential (RS-5),
Low Density Multi-Family Residential (RM-12) and '.h Density Single-Family Residential with a Planned
Development Overlay(OPD/RS-12) to OPD/r S-12 an. ighway Commercial with a Planned Development
Overlay(OPD/CH-1); and
Whereas, the Comprehensive Plan ' dicates that Hi• 'way Commercial, Multi-family Residential at a
density of 8-13 dwelling units per acre, . d Low to Medium ixed Residential at a density of 8-13 dwelling
units per acre is appropriate in this lo --on;and
Whereas, the Planning and Zon' g Commission has revie -d the proposed rezoning and determined
that it complies with the Comprehe .ive Plan provided that it meet- conditions related to the establishment of
an affordable housing agreement • address the relocation of the re.idents of the Forest View Mobile Home
Park, specific design standards • ensure quality development, appro al of a master sign plan, maintenance
of buffers between proposed •evelopment and existing neighborhoods, a 40-foot wooded area along N.
Dubuque Street to remain uni' pacted, development of a new 4-way inte ection at Forest View Road and N.
Dubuque Street, installation of a 10-foot wide trail along N. Dubuque S eet, maintenance of storm water
management facilities, pro ding $100,000 worth of recreational amenities •r private open space areas, and
requiring senior housing • Lot 14; and
Whereas, Iowa C••e §414.5 (2019) provides that the City of Iowa ity may impose reasonable
conditions on grantin• a rezoning request, over and above existing regulatio s, in order to satisfy public
needs caused by the equested change; and
Whereas, the o ner and applicant have agreed that the property shall be de -loped in accordance with
the terms and ••- ditions of the Conditional Zoning Agreement attached here', to ensure appropriate
development in t s area of the city.
Now,there ore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section A.'royal. Subject to the Conditional Zoning Agreement attached here • and incorporated
herein, pro.-rty described below is hereby classified Highway Commercial with a Pla ned Development
Overlay(0•D/CH-1):
A PART OF KNOB HILL SUBDIVISION AS RECORDED IN BOOK 4, PAGE 376 OF THE "ECORD'S OF
THE J'aHNSON COUNTY, IOWA RECORDER'S, PART OF THE NORTH HALF OF THE ORTHEAST
QUA-TER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH -RINCIPAL
ME- DIAN, AND ALL OF THAT PROPERTY DESCRIBED IN WARRANTY DEED RECORDEL• IN BOOK
54.4, PAGE 622 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER' OFFICE;
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 104 OF MACKINAW VILLAGE PART Fl AS
RECORDED IN BOOK 57, PAGE 241 OF THE RECORD'S OF JOHNSON COUNTY, IOWA
Ordinance No.
Page 2
RECORDER'S OFFICE; THENCE S86°50'44"E ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF
U.S. HIGHWAY INTERSTATE 80, A DISTANCE OF 140.15 FEET; THENCE N86°23'32"E ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 718.54; THENCE N75°35'49"E ALONG SAID SOUTHERLY LINE,
A DIST•NCE OF 450.23 FEET FOR THE POINT OF BEGINNING; THENCE N75°35'49"E ALONG SAID
SOUTH: LY LINE, A DISTANCE OF 13.19 FEET; THENCE N80°27'46"E ALONG SAID SOUTHERLY
LINE, A • STANCE OF 294.70 FEET; THENCE N87°03'11"E ALONG SAID SOUT LY LINE, A
DISTANCE •F 428.87 FEET; THENCE S81°04'24"E ALONG SAID SOUTHERLY LI ' , A DISTANCE OF
105.39 FEET, THENCE S79°11'57"E ALONG SAID SOUTHERLY LINE, A DIST* •CE OF 504.56 FEET;
THENCE N01'•5'45"W ALONG SAID SOUTHERLY LINE, A DISTANCE •' 18.82 FEET; THENCE
S80°01'15"E AL• G SAID SOUTHERLY LINE, A DISTANCE OF 199.89 ET; THENCE S79°24'10"E
ALONG SAID SO. THERLY LINE, A DISTANCE OF 91.26 FEET Tl A POINT OF CURVATURE;
THENCE SOUTHE•. T ALONG A CURVE TO THE RIGHT HAVI : A RADIUS OF 411.12 FEET A
CHORD BEARING 0' S56°07'38"E AND CHORD DISTANCE OF 4.01 FEET, AN ARC DISTANCE OF
322.19 FEET; THENC. S32°02'15"E ALONG THE WESTER RIGHT OF WAY LINE OF NORTH
DUBUQUE STREET , • DISTANCE OF 1004.62 FEE , THENCE N89°05'02"W ALONG THE
SOUTHERLY LINE OF T PARCEL DESCRIBED IN WA" NTY DEED RECORDED IN BOOK 5464,
PAGE 622 OF THE RECO- •'S OF THE JOHNSON CO • TY, IOWA RECORDER'S, A DISTANCE OF
390.00 FEET; THENCE N30°'1'45"W ALONG THE W' TERLY LINE OF SAID PARCEL, A DISTANCE
OF 511.92 FEET TO A POI ' ALONG THE SO HERLY LINE OF SAID KNOB HILL ESTATES;
THENCE S88°57'02"W ALONG -AID SOUTHER LINE, A DISTANCE OF 410.69 FEET; THENCE
N01°45'28"W ALONG THE WES RLY LINE • SAID KNOB HILL SUBDIVISION, A DISTANCE OF
194.61; THENCE S88°54'57"W AL0'NG THE ORTHERLY LINE OF THE PARCEL DESCRIBED IN
WARRANTY DEED RECORDED IN ,•OOK 66, PAGE 287 OF THE RECORDS OF THE JOHNSON
COUNTY, IOWA RECORDER'S OFFI E, • DISTANCE OF 562.46 FEET; THENCE N00°26'06"W, A
DISTANCE OF 298.93 FEET; THENCE ' :9°04'54"W, A DISTANCE OF 415.67 FEET TO A POINT OF
CURVATURE; THENCE SOUTHWEST".Y ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
1033.00 FEET AND A CHORD B • ''ING OF S87°15'56"W, AN ARC DISTANCE OF 65.31 FEET;
THENCE S85°27'16"W, A DISTAN'E OF -:8.28 FEET; THENCE NO3°13'35"W, A DISTANCE OF
206.52 FEET TO THE POINT OF B' GINNING.
SAID PARCEL CONTAINS 22.33 ACRES MOR OR LESS, AND IS SUBJECT TO THE EASEMENTS
AND RESTRICTIONS OF REC•'D.
And, subject to the Condition. Zoning Agreement a -ched hereto and incorporated herein, the property
described below is hereby cl--sified OPD/RS-12:
PART OF THE NORTH ALF OF THE NORTHEAST •.UARTER AND PART OF THE SOUTHWEST
QUARTER OF THE W'RTHEAST QUARTER OF SEC ON 4, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE FIFT PRINCIPAL MERIDIAN, IOWA CIT , JOHNSON COUNTY, IOWA, DESCRIBED
AS FOLLOWS:
BEGINNING AT T••E NORTHEAST CORNER OF LOT 104 0 MACKINAW VILLAGE PART FIVE AS
RECORDED IN :00K 57, PAGE 241 OF THE RECORD • OF JOHNSON COUNTY, IOWA
RECORDER'S v'FFICE; THENCE S86°50'44"E ALONG THE SO THERLY RIGHT-OF-WAY LINE OF
U.S. HIGHWA ( INTERSTATE 80, A DISTANCE OF 140.15 FEET; ENCE N86°23'32"E ALONG SAID
SOUTHERLY INE, A DISTANCE OF 718.54 FEET; THENCE N75° 5149"E, A DISTANCE OF 450.23
FEET; THE E S03°13'35"E, A DISTANCE OF 206.52 FEET; THENC, N85°27'16"E, A DISTANCE OF
288.28 FE TO A POINT OF CURVATURE; THENCE NORTHEASTE"LY ALONG A CURVE TO THE
RIGHT H• ING A RADIUS OF 1033.00 FEET AND A CHORD BEAR! G OF N87°15'56"E, AN ARC
DISTAN OF 65.31; THENCE N89°04'54"E, A DISTANCE OF 415.67 F T; THENCE S00°26'06"E, A
DISTAN E OF 298.93 FEET TO A POINT ALONG THE NORTHERL LINE OF THE PARCEL
DESC BED IN WARRANTY DEED RECORDED IN BOOK 266, PAGE 28' OF THE RECORDS OF
THE OHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S8:°56'09"W ALONG SAID
NO- HERLY LINE; A DISTANCE OF 102.69 FEET; THENCE S01°11'07"E A.ONG THE WESTERLY
LI OF SAID PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BO•K 266, PAGE 287 OF
T E RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE A D THE WESTERLY
LINE OF AUDITOR'S PARCEL "B" AS RECORDED IN BOOK 34, PAGE 44 OF E RECORD'S OF
THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 654.95 FEET; THENCE
588°09'37"W ALONG THE SOUTHERLY LINE OF NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 4, A DISTANCE OF 640.01 FEET TO THE SOUTHWEST CORNER OF
• Ordinance No.
Page 3
SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S88°39'49"W ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 152.49 FEET; THENCE S49°42'42"W ALONG THE EASTERLY
LINE OF THE PARCEL DESCRIBED IN QUIT CLAIM DEED RECORDED IN BOOK 5683, PAGE 809
OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF
111.02 FEET; THENCE S26°43'41"E ALONG SAID EASTERLY LINE, A DISTANCE OF 158.4. EET;
THEN' E S44°43'52"W ALONG SAID EASTERLY LINE, A DISTANCE OF 337.66 FEE , THENCE
S02°40 ;8"E ALONG SAID EASTERLY LINE, A DISTANCE OF 41.04 FEET; THENC- S87°04'33"W
ALONG ' HE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 181.8 EET; THENCE
S00°01'08' ALONG EASTERLY LINE OF THE PARCEL DESCRIBED IN ARRANTY DEED
RECORDED IN BOOK 5464, PAGE 632 OF THE RECORD'S OF THE JO -SON COUNTY, IOWA
RECORDERR' OFFICE, A DISTANCE OF 328.80 FEET; THENCE S: °58'50"W ALONG THE
SOUTHERLY L E OF SAID PARCEL, A DISTANCE OF 33.02 FEET; T. NCE N00°01'08"W ALONG
THE WESTERL LINE OF SAID PARCEL, A DISTANCE OF 814.6 FEET TO THE NORTHEAST
CORNER OF MA KINAW VILLAGE PART 3 AS RECORDED I BOOK 55, PAGE 328 OF THE
RECORD'S OF T JOHNSON COUNTY, IOWA RECORDE'' OFFICE; THENCE S88°41'48"W
ALONG THE NORT•,ERLY LINE OF SAID MACKINAW VILLA ' E PART 3, A DISTANCE OF 674.33
FEET; THENCE NO3'15'12"W ALONG THE WESTERLY LI► OF GOVERNMENT LOT 1 OF SAID
SECTION 4 , A DISTA E OF 1039.43 FEET TO A POINT °LONG THE SOUTHERLY RIGHT OF WAY
LINE OF U.S. HIGHWA NO. 80 AND THE POINT OF :' GINNING. SAID PARCEL CONTAINS 50.82
ACRES MORE OR LESS, •ND SUBJECT TO EASEME► AND RESTRICTIONS OF RECORD.
Section II. Zoning Map. Th building official is her• .y authorized and directed to change the zoning map
of the City of Iowa City, Iowa, to ..nform to this am- dment upon the final passage, approval and publication
of the ordinance as approved by la, .
Section III. Conditional Zoning .reement. e mayor is hereby authorized and directed to sign, and the
City Clerk attest, the Conditional Zo 'ng Agr:-ment between the property owner(s) and the City, following
passage and approval of this Ordinanc_
Section IV. Certification and Recor. .. Upon passage and approval of the Ordinance, the City Clerk is
hereby authorized and directed to certify . copy of this ordinance, and record the same in the Office of the
County Recorder, Johnson County, to a, :t the Owner's expense, upon the final passage, approval and
publication of this ordinance, as provi•ed by I_. .
Section V. Repealer. All ordi .nces an. parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section VI. Severability. If a► section, provisi.n or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjud' ation shall not affec the validity of the Ordinance as a whole or any section,
provision or part thereof not .:judged invalid or uncon titutional.
Section VII. Effective •ate. This Ordinance sh. I be in effect after its final passage, approval and
publication, as provided b aw.
Passed and approved t' is day of , 20_
Mayor
Attest:
ity Clerk
Approved .y
City • orney's Office
3/2 ,-/ii
Prepared by:Anne Russett,410 E.Washington, Iowa City, IA 52240(REZ18-00013)
Conditional Zoning Agreement
This a• eement is made between the City of Iowa City, Iowa, a munici•r corporation
(hereina r"City"), and North Dubuque LLC (hereinafter"Owner").
Wher:as, Owner is the legal title holder of approximately 73.15 -' es of property located
south of Inters =te 80, west of N. Dubuque Street, and north of Foster oad; and
Whereas, e Owner has requested the rezoning of said • operty to High Density Single-
Family Residential 'th a Planned Development Overlay (OPD ''S-12) and Highway Commercial
with a Planned Devel••ment Overlay(OPD/CH-1); and
Whereas, in acc• dance with Iowa City Code Sr tion 14-3A-4C, a planned development
overlay zone allows flexi: lity in the design, place • t and clustering of buildings, mixture of
uses and related site and d:sign considerations; a •
Whereas, the OPD C 1 rezoning is a••topriate to allow for a combination of retail uses
to support the adjacent residen' -I neighborh•od not otherwise allowed within the CH-1; and
Whereas, the Iowa City 20'0 Co , orehensive Plan and the North District Plan include a
housing goal for the provision of r io' 'ion assistance to residents that include replacement
housing in the immediate :'rpa, advise pi services and moving expenses, make available prior to
demo of existing homes as part of a, . st phase of development; and
Whereas, to further this • ising g•I, North Dubuque, LLC, is committed to constructing
replacement housing compara,, to what -sidents currently have in the existing Forest View
Mobile Home Park and will w•.�' to enhance t e quality, size, and configuration of the housing to
provide the residents of For:. View with the b: t possible housing solution; and
Whereas, each r--ident will have opti• s for replacement housing in the newly-
constructed Forest View eighborhood, condomini m dwellings, or elsewhere in the Iowa City
Community; and
Whereas, Ow er is committed to the concept • home ownership opportunities for the
residents of Forest iew Mobile Home Park; and
Whereas, *miner is committed to minimizing the imp:ct of permanent displacement and
hardship for al current Forest View Mobile Home Park re-idents by offering move-related
advisory serv. es and covering expenses related to the move; constructing the new
neighborhoo• prior to demolition of the old neighborhood; an,' pursuing a 4% Low-Income
Housing Ta Credit (LIHTC), state tax-exempt housing bond or - comparable arrangement to
provide a •me ownership opportunity for the residents; and
hereas, the density and design of the planned developme will be compatible with
and/or omplementary to adjacent development in terms of land use, b, ilding mass and scale,
relati - amount of open space, traffic circulation and general layout; and
Whereas, the development will not overburden existing streets and uti' ies; and
ppdadn?agt/190326 cza-cao approved-applicants edits doc 1
Whereas, the development will not adversely affect views, light and air, property value-
and privacy of neighboring properties any more than would a conventional development; an•
•ereas, the combination of land uses and building types and any variatio• rom the
underlying ing requirements or from city street standards will be in the pub' interest, in
harmony with the purposes of this title, and with other building regulations of th- ity; and
Whereas, thi ezoning will create a public need for relocation ass ance; careful design
to ensure compatibili ' with the surrounding neighborhoods and pr= ervation of the scenic
entrance to the City; im.,roved vehicular and pedestrian transpo - ion facilities; storm water
management; active open - •ace; and development of senior hou • g; and
Whereas, Iowa Code '-•14.5 (2019) provides that -e City of Iowa City may impose
reasonable conditions on granti . a rezoning request ow and above existing regulations to
satisfy public needs caused by the -quested change; a •
Whereas, the Planning and Z. ing Commi- ion has determined that with appropriate
conditions to satisfy the needs describ-d abovt, the rezoning is in the public interest and
consistent with the comprehensive plans; - d
Whereas, the Owner acknowled• - that certain conditions and restrictions are
reasonable to ensure the development o the oroperty is consistent with the Comprehensive
Plan and the need for providing affor•-ble ho -ing, maintaining storm water management,
maintaining scenic corridors, and provio ing adequa': private open space; and
Whereas, the Owner agree: to develop this p •perry in accordance with the terms and
conditions of a Conditional Zonin• Agreement.
Now, therefore, in consideration of the mutual promises c• tained herein, the parties agree as
follows:
1. North Dubuque L is the legal title holder of the prope legally described as:
A PART OF K/'OB HILL SUBDIVISION AS RECORDEk' IN BOOK 4, PAGE 376 OF
THE RECORD'S OF THE JOHNSON COUNTY, IOWA R: CORDER'S, PART OF THE
NORTH HA F OF THE NORTHEAST QUARTER OF S CTION 4, TOWNSHIP 79
NORTH, R' NGE 6 WEST OF THE FIFTH PRINCIPAL MER DIAN, AND ALL OF THAT
PROPER ' DESCRIBED IN WARRANTY DEED RECORD- . IN BOOK 5464, PAGE
622 OF 'HE RECORD'S OF THE JOHNSON COUNTY, IOWA 'ECORDER'S OFFICE;
DESC' BED AS FOLLOWS:
CO / ENCING AT THE NORTHEAST CORNER OF LOT 44 OF MACKINAW
VI •GE PART FIVE AS RECORDED IN BOOK 57, PAGE 241 0F THE RECORD'S
0' JOHNSON COUNTY, IOWA RECORDER'S OFFICE; TH CE S86°50'44"E
LONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGH 'Y INTERSTATE
80, A DISTANCE OF 140.15 FEET; THENCE N86°23'32"E ALONG SA I SOUTHERLY
LINE, A DISTANCE OF 718.54; THENCE N75°35'49"E ALONG SAI' SOUTHERLY
LINE, A DISTANCE OF 450.23 FEET FOR THE POINT OF BEGINNI ; THENCE
N75°35'49"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1 .19 FEET;
THENCE N80°27'46"E ALONG SAID SOUTHERLY LINE, A DISTANCE 0 294.70
FEET; THENCE N87°03'11"E ALONG SAID SOUTHERLY LINE, A DISTAN. OF
ppdadMagtH 90326¢acao approved-applicants erbts.doe 2
428.87 FEET; THENCE S81°04'24"E ALONG SAID SOUTHERLY LINE, A DISTAN E
OF 105.39 FEET; THENCE S79°11'57"E ALONG SAID SOUTHERLY LI A
DISTANCE OF 504.56 FEET; THENCE N01°45'45"W ALONG SAID SO . HERLY
LINE, A DISTANCE OF 18.82 FEET; THENCE S80°01'15"E • •NG SAID
SOUTHERLY LINE, A DISTANCE OF 199.89 FEET; THENCE S79° 4'10"E ALONG
A.ID SOUTHERLY LINE, A DISTANCE OF 91.26 FEET 0 A POINT OF
CU- ATURE; THENCE SOUTHEAST ALONG A CURVE TO 'E RIGHT HAVING A
RADI . OF 411.12 FEET A CHORD BEARING OF S :'07'38"E AND CHORD
DISTAN• OF 314.01 FEET, AN ARC DISTANCE • 322.19 FEET; THENCE
S32°02'15 ALONG THE WESTERLY RIGHT OF WA LINE OF NORTH DUBUQUE
STREET , ° DISTANCE OF 1004.62 FEET; THE, E N89°05'02'W ALONG THE
SOUTHERLY LINE OF THE PARCEL DES• -IBED IN WARRANTY DEED
RECORDED I BOOK 5464, PAGE 622 OF T'E RECORD'S OF THE JOHNSON
COUNTY, IOW• RECORDER'S, A DISTCE OF 390.00 FEET; THENCE
N30°31'45"W ALO G THE WESTERLY LI OF SAID PARCEL, A DISTANCE OF
511.92 FEET TO A -DINT ALONG TH OUTHERLY LINE OF SAID KNOB HILL
ESTATES; THENCE :8°57'02'W ALO SAID SOUTHERLY LINE, A DISTANCE OF
410.69 FEET; THENCE 01°45'28"W • ONG THE WESTERLY LINE OF SAID KNOB
HILL SUBDIVISION, A • STANCE a 194.61; THENCE S88°54'57'W ALONG THE
NORTHERLY LINE OF THE rARCEL DESCRIBED IN WARRANTY DEED
RECORDED IN BOOK 26: P• ' E 287 OF THE RECORDS OF THE JOHNSON
COUNTY, IOWA RECORDE"' OFFICE, A DISTANCE OF 562.46 FEET; THENCE
N00°26'06"W, A DISTANCE • 298.93 FEET; THENCE S89°04'54"W, A DISTANCE
OF 415.67 FEET TO A Pal T OF CURVATURE; THENCE SOUTHWESTERLY
ALONG A CURVE TO T LET HAVING A RADIUS OF 1033.00 FEET AND A
CHORD BEARING OF S: °15'56 , AN ARC DISTANCE OF 65.31 FEET; THENCE
585°27'16"W, A DISTA E OF 28: 28 FEET; THENCE NO3°13'35"W, A DISTANCE
OF 206.52 FEET TOT POINT OF :EGINNING.
SAID PARCEL CON 'AINS 22.33 ACRE' MORE OR LESS, AND IS SUBJECT TO THE
EASEMENTS AND 'ESTRICTIONS OF - CORD;
AND
PART OF TH- NORTH HALF OF THE NORT AST QUARTER AND PART OF THE
SOUTHWES ' QUARTER OF THE NORTH: ST QUARTER OF SECTION 4,
TOWNSHIP 9 NORTH, RANGE 6 WEST OF E FIFTH PRINCIPAL MERIDIAN,
IOWA CITY, JOHNSON COUNTY, IOWA, DESCRI: D AS FOLLOWS:
BEGINNI G AT THE NORTHEAST CORNER OF LO 104 OF MACKINAW VILLAGE
PART - VE AS RECORDED IN BOOK 57, PAGE •1 OF THE RECORD'S OF
JOHN^•N COUNTY, IOWA RECORDER'S OFFICE; T NCE S86°50'44"E ALONG
THE tOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIG AY INTERSTATE 80, A
DIST•NCE OF 140.15 FEET; THENCE N86°23'32"E ALONG AID SOUTHERLY LINE,
A D TANCE OF 718.54 FEET; THENCE N75°35'49"E, A DIS :NCE OF 450.23 FEET;
T NCE 503°13'35"E, A DISTANCE OF 206.52 FEET; TH CE N85°27'16"E, A
D STANCE OF 288.28 FEET TO A POINT OF CUR •TURE; THENCE
ORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVIN• A RADIUS OF
1033.00 FEET AND A CHORD BEARING OF N87°15'56"E, AN AR DISTANCE OF
65.31; THENCE N89°04'54"E, A DISTANCE OF 415.67 FEET; THENC 00°26'06"E,
A DISTANCE OF 298.93 FEET TO A POINT ALONG THE NORTHERLY LI ' OF THE
ppdadnVagV190326 cza-cao approved-applicants edits.doc 3
PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 266, PAGE 287
OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE;
THENCE S88°56'09'W ALONG SAID NORTHERLY LINE; A DISTANCE OF 102.6•
FEET; THENCE S01°11'07"E ALONG THE WESTERLY LINE OF SAID PA- - L
DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 266, PAGE 287 •' THE
RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFIC •ND THE
ESTERLY LINE OF AUDITOR'S PARCEL "B" AS RECORDED IN B•0K 34, PAGE
44 F THE RECORD'S OF THE JOHNSON COUNTY, IOWA REC•` •ER'S OFFICE,
A DI TANCE OF 654.95 FEET; THENCE S88°09'37"W ALON HE SOUTHERLY
LINE F NORTHEAST QUARTER OF THE NORTHEAS QUARTER OF SAID
SECTIO 4, A DISTANCE OF 640.01 FEET TO THE SOUT ' EST CORNER OF SAID
NORTHER T QUARTER OF THE NORTHEAST QUA- ' R; THENCE S88°39'49"W
ALONG S D SOUTHERLY LINE, A DISTANCE •F 152.49 FEET; THENCE
S49°42'42"W LONG THE EASTERLY LINE OF T ' PARCEL DESCRIBED IN QUIT
CLAIM DEED ECORDED IN BOOK 5683, PAG- 809 OF THE RECORDS OF THE
JOHNSON CO TY, IOWA RECORDER'S OF' CE, A DISTANCE OF 111.02 FEET;
THENCE S26°43'-1"E ALONG SAID EASTE- LINE, A DISTANCE OF 158.46 FEET;
THENCE S44°43'5:"W ALONG SAID EA- ERLY LINE, A DISTANCE OF 337.66
FEET; THENCE S02'40'38"E ALONG SAIr EASTERLY LINE, A DISTANCE OF 41.04
FEET; THENCE S87°i1'33"W ALONG E SOUTHERLY LINE OF SAID PARCEL, A
DISTANCE OF 181.81 L ET; THENC 00°01'08"E ALONG EASTERLY LINE OF THE
PARCEL DESCRIBED IN ARRAN DEED RECORDED IN BOOK 5464, PAGE 632
OF THE RECORD'S OF T'.E JO SON COUNTY, IOWA RECORDER'S OFFICE, A
DISTANCE OF 328.80 FEE , TH r NCE S87°58'50"W ALONG THE SOUTHERLY LINE
OF SAID PARCEL, A DISTANT r OF 33.02 FEET; THENCE N00°01'08"W ALONG THE
WESTERLY LINE OF SAID " •RCEL, A DISTANCE OF 814.67 FEET TO THE
NORTHEAST CORNER OF l•A INAW VILLAGE PART 3 AS RECORDED IN BOOK
55, PAGE 328 OF THr REt.ORD'S OF THE JOHNSON COUNTY, IOWA
RECORDER'S OFFICE; ENCE 88°41'48'W ALONG THE NORTHERLY LINE OF
SAID MACKINAW VIL 'GE PART 3, A DISTANCE OF 674.33 FEET; THENCE
NO3°05'12'W ALONG HE WESTERLY LINE OF GOVERNMENT LOT 1 OF SAID
SECTION 4 , A DIST• CE OF 1039.43 EET TO A POINT ALONG THE SOUTHERLY
RIGHT OF WAY LI OF U.S. HIGHWAY NO. 80 AND THE POINT OF BEGINNING.
SAID PARCEL Co TAINS 50.82 ACR MORE OR LESS, AND SUBJECT TO
EASEMENT AND "ESTRICTIONS OF REC3RD.
2. The Owner ack owledges that the City wishes to ensure conformance to the principles
of the Compre -nsive Plan and the North Distric.Plan. Further, the parties acknowledge
that Iowa C•se §414.5 (2019) provides that he City of Iowa City may impose
reasonable 'onditions on granting a rezoning reeuest, over and above the existing
regulations, n order to satisfy public needs caused b the requested change.
3. Develop -nt of the subject property shall conform to - I other requirements of the Iowa
City Zon' g Code, as well as the following conditions:
a. Relocation/Affordable Housing: Prior to issuance o` any building permit, Owner
and City shall execute an affordable housing agree •ent detailing the terms of
relocation assistance. The provisions of said agreeme,t shall be guided by the
principles of the Forest View Mobile Home Park Reloc. ion Plan dated May of
2018 prepared and submitted by Owner and the residents if Forest View Mobile
Home Park and the Center for Worker Justice, a copy o which is attached
ppclacInVagt'190326 cza-cao approved-applicants edts.doc 4
hereto, and shall include the provision (at the residents' options) of replacement
housing, financial advisory services and reasonable moving expenses to all
households residing on the above-described property upon effective date of
this Conditional Zoning Agreement. This affordable ho : ng agreement shall
foster diligent communication with residents, ensure the •rovision of replacement
housing prior to demolition of the existing housing -nd offer opportunities for
homeownership to minimize the impact of displ. ement and hardship on the
idents. Owner shall offer three categories o replacement housing to ensure
tha esidents are relocated to affordable, •ecent, safe and sanitary houses
which - -, at a minimum, comparable in ize and features to what residents
currently h: e in the existing Forest iew Mobile Home Park. Those three
categories ar- relocation to the ne orest View Manufactured Housing Park
(moving expens> and financing o• ons available); relocation to the new multi-
family buildings ,onstructed w' in the above-described property (moving
expenses and finan''ng option available); and relocation not within the above-
described property ( -asona• e moving expenses available). Said affordable
housing agreement sha be :pproved by the City Council.
b. Design Guidelines: De a opment shall conform to the following strict
design guidelines:
i. Buildin• fa ade - d mate 'als: All structures shall be constructed of
high quality, aut -ntic mate 'als within a range of the color palette
described belo „ and appro ed by the Director of Neighborhood
Development ^ervices, or desi• ee. Authentic materials do not include
material that as been made to simulate another material, unless it
improves th- weather-resistance, .uch as wood-toned products. As an
example, ••lumn covers should n. be made of metal to appear to be
wood or - one, just as fiberboard ce ent panels should not be printed or
stampe. with wood grain. The quali' and type of the primary material
used • the front façade of each bu ding should be consistent for all
remai ing sides, except as allowed belo . A natural pallet of colors shall
be wed for large expanses of walls with accent colors used for emphasis
an. identification of individual businesses Acceptable building materials
s :II include:
• Brick(2 3/8"tall, standard brick pr- erred);
• Stone (natural or cultured);
• Wood (e.g. ipe or clear cedar) • high-pressure laminate plates
composed of wood-based fibers, in,luding those manufactured by
Trespa, Prodema, Resysta, or similar p •ducts;
• Fiber-cement boards;
• Metal panels; and
• Clear or lightly tinted glass.
• Corporate colors will be allowed as -ccents for appropriate
identification of individual business.
The following materials are only allowed as limited:
• Vinyl siding may be used only for manufactured 'Imes;
• Exterior insulation and finish system (EIFS) are • owed at 8 feet or
more above grade;
• 3-part synthetic stucco may be used on Lots 2-15 only;
ppdadragV190328 cza-cao approved-applicants adds ciao 5
• Split faced and burnished block may only be used at half-story base;
The following materials are not allowed:
• Smooth-faced concrete block;
• Unadorned tilt-up concrete panels; and
• Lower quality metal siding, such as that used for metal pole buildings.
H. Sinn Master Plan: Prior to final plat approval, - Sign Master Plan shall be
ubmitted to and approved by the Director of P : ning or designee, indicating
th- potential locations and design conte• for common signage for the
de -lopment, which may include entran•-way signage, directional drainage,
dev- opment signs, identification Signa. -, masonry wall signs, monument signs
and i erstate signs. Signs shall us- an serif type fonts, except for logos and
require. user franchise signage. :Ignage shall be installed according to said
Sign Mas -r Plan and shall be f her limited as follows:
a. For ose lots sho as Lots 1-4 on the approved preliminary plat and
planned •evelopm: t overlay plan, only those signs allowed for CN-1
uses shall •'e per. itted, as shown in Table 5B-2 of the Iowa City Code of
Ordinances e ion 14-5B-8, except that if a quick servicing vehicle use
is established •n any of these lots, electronic changeable copy may be
allowed for :as .rices only. No signs shall be oriented toward North
Dubuque S eet.
b. Fort .se lots sho n as Lots 5-7 on the approved preliminary plat and
planner development •verlay plan, no free-standing sign shall be taller
than 5 feet. No elect. is changeable copy is allowed except for time
and emperature signs a'd gas prices for quick vehicle servicing uses.
No,-building signs along tle Forest View Drive frontage shall be limited
to onument signs only.
. For that lot shown as Lo 8 on the approved preliminary plat and
planned development overlay 'Ian, only those signs allowed for CN-1
uses shall be permitted, as sho in Table 5B-2 of the Iowa City Code of
Ordinances Section 14-5B-8, exc:pt that fascia signs may extend to the
top of top story of the building.
d. For those lots shown as Lots 9-11 • the approved preliminary plat and
planned development overlay plan, o'ly those signs allowed for CN-1
uses shall be permitted, as shown in Ta. a 5B-2 of the Iowa City Code of
Ordinances Section 14-5B-8.
e. Cabinet signs where the entire face of the cabinet is illuminated are
prohibited.
iii. Setbacks: Notwithstanding anything herein to the cont =t , there shall be a
building setback of forty feet (40') from North Dubuque Stre- but appropriate
tree screening and preservation may occur within said setback. • buildings on
Lots 5, 6, 7, and 8 shall be setback from Forest View Drive at le: t 15', as
shown on the OPD plan.
ppdadrage190326 cza-cao approved-applicants edits doe 6
iv. Screening and Tree Preservation: Development shall include screening and
tree preservation along Dubuque Street in accordance with a detailed landscape
plan approved by the City Forester, which the Owner shall monitor and
guarantee for five years following planting. The landscape plan shall ensure the
preservation of existing trees along the Dubuque Street frontage in excess of
the core requirement.
v. For tho e lots shown as Lots 5-8, all development, regar. -ss of size, shall
comply with he Commercial Site Development Standard or Large Retail Uses
set forth in to . City Code Section 14-2C-6K.
d. For those lots sho n as Lots 1-4 on the appro -d preliminary plat and planned
development overlay p =n, the following uses •all be allowed, in accordance with
Iowa City Code Section 4-3A-4C.
i. Only those uses all. ed in the C).-1 zone, as set forth in 14-2C-2. All uses on
these lots shall comp) with the -ite development standards for CN-1 uses set
forth in 14-2C-7, as w>I as •e dimensional requirements for CN-1 uses set
forth in 14-2C-4, except - . rived below.
e. For those lots shown as L• s 9-11 on the approved preliminary plat and planned
development overlay plan, t•e fo owing uses shall be allowed, in accordance with
Iowa City Code Section 14-4A-4C.
i. Only those uses :flowed in th= CN-1 zone, as set forth in 14-2C-2. All uses on
these lots shall c•mply with the ite development standards for CN-1 uses set
forth in 14-2C- , as well as the t imensional requirements for CN-1 uses set
forth in 14-2C- , except as waived •-low.
f. As part of th • public improvements i lstalled for development of the above-
described prop- y, Owner shall:
i. Desi• and construct a new 4-way iltersection at Forest View Road and
Dubu• 4e Street to accommodate anticipat-d traffic volumes from the developing
areas est of Dubuque and south of I-80, i accordance with an approved traffic
stud and Iowa Department of Transportat •n access management standards
an• permit, subject to review and approval b the Public Works Director.
ii Design and construct a 10' wide trail in .ccordance with the approved
9reliminary plat and planned development overla plan.
g. • single-family buildings must comply with the follows•g:
i. Main entrances to dwelling units must be clearly .emarcated by one of the
following means: covered porch or canopy; transo and sidelight windows;
pilasters and pediment; or other significant archi -ctural treatment that
emphasizes main entrances. Simple trim around the doo ay does not meet this
standard.
U. Each dwelling unit must have a separate main entrance 'at must face the
street, be at an angle of up to forty-five degrees (45°) from th- street, or open
ppdadMagV190326 cza-cao approved-applicants edlts.tloc 7
onto a street-facing porch. The main entrance may not face an alley or side
yard.
h. The following site development standards are hereby modified or waived:
i. Pursuant to 14-2A-7(A)(3), for those lots shown as Lots 17-25, z 47, 58-
67 and 69-72 on the approved preliminary plat and planned :-velopment
overlay plan, if vehicular access to garages and off-street p. ing spaces are
estricted to an alley or private rear late, the minimum lo ize may be 4,000
s. are feet, the minimum lot width may be 36', and th inimum frontage may
be .
ii. lots 1-4, as shown on the appro -d preliminary plat and planned
d pm: t overlay plan, notwithsta sing the requirement that the
de elopme comply with CN-1 design andards set forth in paragraph 3.c.i
abo comp'-nce with the followin. such CN-1 design standards are not
required: Build- • Line requirement outlined in 14-2C-7E; Location of Parking,
Loading'Rrives, a•d Aisles outlin-s in 14-2C-7F; Drive-through facilities outlined
in 14-2C-7p. Drive roughs on ese lots are not limited to financial institutions
and pharmacies; pe•-strian, icycle, and Vehicular Circulation outlined in 14-
2C-7H-1 in that pedest '-n •ccess will not be provided from N. Dubuque Street;
however, pedest(ian acc -;s will be provided from Forest View Drive.
Hi. The minimum • •en s•=ce requirement established in 14-2A-4(E) for Lots
16-73, as shown o- the app ,:ved preliminary plat and planned development
overlay, is hereby , aived.
iv. In acco"•ance with 14-3A-4 for those lots shown as Lots 12, 13, 14,
and 15 on t - approved preliminary • at and planned development overlay, the
building h: ghts may exceed 35-feet. On Lots 12 and 13, heights may not
exceed 4 tories. On Lot 14, one 3-sto one 4-story and one 5-sotry building
shall be -flowed. On Lot 15, two 5-story bu •ings.
i. Storm ater management: Upon final plat a••roval, Owner shall execute a
subdivid: 's agreement with the City that addresses, -- ong other things, the need for
annual edification of private storm water manageme•t systems to ensure that the
systems will be properly maintained.
j. Lot 14, as shown on the approved preliminary plat a d planned development
overlay plan, shall only be used for elderly housing as define. in 14-9A-1 of the Iowa
City Code of Ordinances.
,' k. Owner shall invest a minimum of$100,000 in private open spac' recreational
amenities and install such amenities on Outlot D and Lot 49, as sho on the
I; approved preliminary plat and planned development overlay plan.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2019), and that said conditions satisfy public needs that - e caused
by the requested zoning change.
5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
ppdadiWagt/196326¢a-cao approved-applicants adts.doe 8
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. Owner a: nowledges that nothing in this Conditional Zoning Agreement shall be
construed t• relieve the Owner from complying with all other applicable local, state, and
federal regul. ions.
8. The parties ag -e that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upo adoption and
publication of the • dinance, this agreement shall be recorded in the •ohnson County
Recorder's Office at . e Owner's expense.
Dated this day of , 20_.
City of Iowa City North Dubu• de LLC, Owner
Jim Throgmorton, Mayor B •
Attest:
Kellie Fruehling, City Clerk By:
Approved by:
i. ii . "L. / a... I/moi a.✓�'�%
Cit Attorney's Office 3/a a (
City of Iowa City Acknowled;ement:
State of Iowa )
) -s:
Johnson County
This instrument w.s acknowledged before me on , 20_ by Jim
Throgmorton and ellie Fruehling as Mayor and City Clerk, respectivel of the City of Iowa City.
Notary Public in and for the Sta : of Iowa
(Stamp or Seal)
North Dubuque LLC Acknowledgment:
State of
ppdadmiagUcza.doc 9
redevelopment 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
la • and with title to the land, and shall remain in full force and effect as a covenant with
title • he land, unless or until released of record by the City of Iowa City. The ear-ties
further nowledge that this agreement shall inure to the benefit of and , d all
successors, -•resentatives, and assigns of the parties.
7. Owner acknowledg- • that nothing in this Conditional Zoning eement shall be
construed to relieve the owner from complying with all other ap. able local, state, and
federal regulations.
8. The parties agree that this ••nditional Zoning Agre= ent shall be incorporated by
reference into the ordinance rez.ling the subject pr.•erty, and that upon adoption and
publication of the ordinance, this -;reement shal •e recorded in the Johnson County
Recorder's Office at the Owner's exp:nse.
Dated this Z 'day of M►et.k , 2011.
City of Iowa City North Du. que LLC, Owner
la)
Jim Throgmorton, Mayor =i ?us-t�a oe4L.e., me.npEk.
Attest:
Kellie Fruehling, City Clerk By:
Approved by:
City Attorney's Office
City of Iowa City cknowledgement:
State of Iowa )
) ss:
Johnson Co ty )
This ins, ument was acknowledged before me on , 20_ by Jim
Throg •rton and Kellie Fruehling as Mayor and City Clerk, respective , of the City of Iowa City.
Notary Public in and for the -te of Iowa
(Stamp or Seal)
ppdadmragt/190326 cza-cao approved-applicants edits.doc 9
North Du que LLC Acknowledgment:
State of 1-ow
County o -174 1 -
This record was acknowledged before me on IMava a Date)
by Sct s f,'/1 (Name(s) of individ .I(s) as
YY\- -y -1 i (type of authority) of North 5 ubuque LLC.
J I #A4
ary Public in and for t'- State o Iowa
(Stamp or Seal)
Commission Na000si
My commissio expires:' r' My Commission Expires
October 27, 2019
ppdadrnragtl190326 cza-cao approved-applicants edits doc 10