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Home My WebLink About2010-01-12 Ordinance6a Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ09-00010) ORDINANCE NO. ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD-8) ZONE FOR LOT 1, OLDE TOWNE VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09-00010) WHEREAS, the applicant, Allen Homes, Inc, has requested amending the Planned Development Overlay Medium Density Single Family Residential (OPD-8) zone for Lot 1, Olde Towne Village, located at Westbury Drive, south of Middlebury Road to allow for the addition of five townhouse style units, improved open space, and a picnic shelter with grill area; and WHEREAS, the Comprehensive Plan indicates that this neighborhood, at the corner of Scott and Rochester, be developed as a commercial node with townhouses and small-scale apartment building nearby; WHEREAS, Lot 1 currently contains 15 townhouse style units; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The OPD plan for the property described below is hereby amended to include five additional townhouse style dwelling units and improvements to the open space as illustrated on the attached site plan and building elevations, which by this reference are incorporated herein: Lot 1, Olde Towne Village in accordance with the Plat thereof recorded in Book 49, at Page 321, of the Johnson County Recorder's Office, containing 2.43 acres and subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance bylaw. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, .provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided bylaw. MAYOR ATTEST: CITY CLERK App ved by ~ ~~~~ ~~ ity Attorney's Office / ~ /~ /U Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 12 / 14 / 2009 Vote for passage: AYES: Correia, Hayek, O'Donnell, NAYS: None. ABSENT: None. Second Consideration i / 12 / ZO l0 Vote for passage: AYES: Champion, Dickens, Hayek, ABSENT: Bailey. that the Ordinance Wilburn, Wright, Bailey, Champion, Mims, Wilburn, Wright. NAYS:-None. Date published n fTA ~~Adi~' ~~ aza°~~~'~~g ~s ~ 8~~ s"Es of W ~f- ~ ~~~ ~~. 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AN ORDINANCE APPROVING A CONDITIONAL ZONING AGREEMENT FOR AUDITOR'S PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA, INCLUDING WAL-MART AT 855, 911 8~ 1001 HIGHWAY 1 WEST. (REZ09-00008) WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land located South of Highway 1 West and entered into a Conditional Zoning Agreement (the "1989 CZA") which established certain conditions and restrictions on the owner of said 28.084 acres; and WHEREAS, on September 23, 2008, the City approved a conditional zoning agreement (the "2008 CZA") that replaced and superseded the 1989 CZA and obligated the Developer to substantially comply with a concept site plan and landscaping plan that showed one building and a large parking lot; and WHEREAS, Wal-Mart has submitted a Concept Site Plan to the City that materially varies from the terms set forth in the 2008 CZA, and has thus requested the 2008 CZA be replaced with and superseded by the attached Conditional Zoning Agreement; and WHEREAS, the Planning and Zoning Commission has recommended approval of the attached agreement, which includes conditions related to ensuring that the property develops in a manner consistent with the Comprehensive Plan, paying particular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the city; and WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the City. WHEREAS, the Iowa City, City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The attached Conditional Zoning Agreement is hereby approved for the property described below: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and the attached Conditional Zoning Agreement and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 MAYOR ATTEST:_ CITY CLERK Approved by : c ~ ~ . ~ :~~/~~- City Attorpey's Office ~ ~/~ y~,~-I Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 1 / 12 / 2010 Vote for passage: AYES: Dickens, Hayek, ABSENT: Bailey. 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Q „- `d '\ /` ~~ t$]tR~ gp r~ ~\ ,~ ~\ ~&a.,a8 Sa ~ i a n 4 n 4 a ~~~€ ~E g # $g 4 ~ ' i' s i% ~~- € a ~i~K ~'t p~ i ~ ~ ~ ~~ Q~BBC~ ~~ S ~ `17 ~ _ v, M E E B ~ ~ $ ~ ~ gg g3 ~€3~~€€ ~~ g~ e i / ~ 1 ~ / / . / / ~ ~ / ~ ~ , \O \ '~ r` ~\ ~ `\ ~ '~ ,\ o~ ''. ./ ~~~ / ~ ~~' ~ ~ ~ ~~ri' .,\ "~\ $ F g w~:~ ~ o ~ \ i / /~ y6~o ' `i /~ ''-/~ ~ ~, `~ `\ ~, \ ~E _-__-_ it ~~ 1 I a ~~ ~ I 1 / ~ Ai7~ 6~ 1 I / I '~ . F _~ ;~ ~~~ ~ ~J ~l / / ~' / , ~, , i' /~ 'b Prepared by and Return to Sara F Greenwood Hektoen Asst City Attornev 410E Washineton St Iowa City IA 52240. (319)331-5030 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT (this "Agreement") is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Wal-Mart Realty Company, an Arkansas corporation, Wal-Mart Real Estate Business Trust, a Delaware business trust and Wal- Mart Stores, Inc., a Delaware corporation (hereinafter, collectively "Wal-Mart" or "Owners"). WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land located South of Highway 1 West and entered into a Conditional. Zoning Agreement (the "1989 CZA") which established certain conditions and restrictions on the owner of said 28.084 acres; and WHEREAS, the 1989 CZA was amended on September 24, 1996 (the "1989 CZA, as amended"); and WHEREAS, on September 23, 2008, the City approved a conditional zoning agreement that replaced and superseded the 1989 CZA and obligated the Developer to substantially comply with a concept site plan and landscaping plan that showed one building and a large parking lot; and WHEREAS, the 1989 CZA, as amended, and the 2008 CZA are covenants running with the land and inure to the benefit of all successors and assigns of the property burdened thereby; and WHEREAS, Wal-Mart owns and desires to redevelop approximately 25.16 acres of said land ("the Property"), which is considered a major entrance to Iowa City; and WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City; and WHEREAS, Wal-Mart has submitted a Concept Site Plan to the City that materially varies from the terms set forth in the 2008 CZA, and has thus requested the 2008 CZA be replaced with and superseded by this Agreement; and WHEREAS, the Planning and Zoning Commission has recommended approval of such request subject to conditions related to ensuring that the Property is developed in a manner consistent with the City's Comprehensive Plan as it exists as of the date of this Agreement and compatible with the adjacent neighborhood, paying particular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the City; WHEREAS, Iowa Code Section 414.5 (2009) provides that the City may impose reasonable conditions when land is rezoned over and above existing regulations in order to satisfy the public needs directly caused by the requested change; and WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is compatible with the adjacent neighborhood; WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of this Agreement; THEREFORE, it is agreed as follows: 1. This Agreement hereby replaces and supersedes the 2008 CZA with respect to the land legally described in Paragraph 2 herein. 2. Owners are the title holder of the land legally described as follows: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. 3. The parties acknowledge that the City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City and to take special care with regard to the site design of commercial establishments, including landscaping to soften the impact of the structures and lessen the effect of large parking lots. Owners agree and acknowledge this policy is reasonable, proper and appropriate under the circumstances. 4. The parties agree that Highway 1 West is a major entranceway to Iowa City from the southwest. Wal-Mart acknowledges the City's policy concerning entranceways governs this rezoning request, therefore Wal-Mart agrees to provide certain amenities over and above City regulations in order to lessen the impact on the surrounding area and enhance the development of the entranceway to the City, said amenities are more particularly described below. The development will substantially conform to the November 23, 2009 Concept Site Plan (the "Concept Site Plan"), the November 18, 2009 building elevations .and the October 28, 2009 Landscaping Plan, attached and by this reference incorporated herein (collectively, the "Plans"), particularly with regard to the building location and orientation, the square footage of greenspace, the storefront landscaping, facade design, location of the bus stop, location of the public access easement and the configuration of parking spaces. In addition to the site development standards set forth in the Iowa City Code of Ordinances, Wal-Mart agrees and acknowledges that: a. The two internal landscaped median aisles running the length of the parking lot, but not containing a sidewalk, shall have a minimum width of nine (9) feet; b. This Agreement in no way modifies or affects the Bus Stop License Agreement entered into between Wal-Mart and City on November 25, 2008; c. The development of Lots 2 and 3 shall comply with the local zoning standards for large retail uses, as set forth in Iowa City Code of Ordinances Section 14-2C-6K entitled "Commercial Site Development Standards." Prior to development, the developer shall obtain Staff approval of the site plan for each lot, which will not be unreasonably withheld. d. Three free-standing signs shall be permitted to be located as shown on the Concept Site Plan; e. The Property may be re-developed in two phases. Phase I shall include the demolition of the existing Cub Foods and Staples buildings, construction of the new Wal-Mart store, and installation of all improvements on land not currently occupied by the existing Wal-Mart Store. Phase II shall consist of demolition of the existing Wal-Mart and installation of all necessary erosion control measures as may be required by applicable law, including the installation and maintenance of grass on Lots 2 and 3 until said lots are developed; f. Upon completion of Phase I in conformance with all applicable City requirements, the City shall issue a temporary certificate of occupancy valid for 120 days. If Phase II has not been completed upon the expiration of the temporary certificate of occupancy, said certificate may be extended if the Applicant has shown good faith efforts to begin Phase II; g. Upon completion of Phase II in conformance with all applicable City requirements, the City shall issue a certificate of occupancy; h. Wal-Mart delivery traffic shall be directed to enter and exit the site from Ruppert Road. 6. Not withstanding Paragraph five (5) above, the Plans attached may be modified within the general parameters of the Plans, such as structural dimensions and tree species. Any modifications departing from the Plans must and shall be subject to staff review and approval. Nothing in this Agreement shall be construed to require Owners to conform to the Plans in every detail, as the Plans are intended as conceptual in nature. Neither party may intentionally digress from the Plans for any arbitrary reason. 7. Owners and the City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), and that said conditions satisfy public needs that are directly caused by the requested rezoning. 8. Owners and the City acknowledge that in the event the Property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 9. The parties acknowledge that this Agreement shall be deemed effective upon recording, which shall occur upon adoption and publication of the Ordinance and the parties further acknowledge that this 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. In the event Wal-Mart does not pick up and pay for the building permit for the construction of the Wal-Mart supercenter structure contemplated on the Concept Site Plan within two (2) years from the date of Council approval of the Ordinance, this Agreement and corresponding Ordinance shall automatically be released and repealed two years from the date of Council approval of the Ordinance. In the event of such release and repeal, the Property shall continue to be subject to and burdened by the 1989 CZA, as amended. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. l0.Owners acknowledge that nothing in this Agreement shall be construed to relieve them from complying with all other applicable local, state, and federal regulations. 11. The parties agree that this Agreement shall be incorporated by reference into the ordinance approving this Agreement and rezoning the Property (the "Ordinance"), and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at Wal-Mart's expense. 12. The Parties acknowledge and agree that until such time as Wal-Mart picks up and pays for the building permit for the construction of the Wal-Mart Supercenter structure contemplated on the Concept Site Plan, the Property and the buildings presently existing thereon shall be required to comply with the 1989 CZA, as amended, and not this Agreement. 13. If Wal-Mart or any Owner is delayed or hindered in or prevented from the performance of any obligation required under this Agreement by reason of failure of power, strikes, lock outs, riots, insurrection, war, military or usurped power, sabotage, unusually severe weather, fire or other casualty, or other reason of a like nature beyond the reasonable control of such delayed party, the time for performance of such obligation may be extended for the period of the delay. Dated this day of , 2009. WAL-MART REALTY COMPANY, an Arka s corpor ion I By Na J. Chris Callaway Title Regional Vice Presi CITY OF IOWA CITY, IOWA By Matthew J. Hayek, .Mayor By Mazian K. Karr, City Clerk Approved by: City Attorney's Office WAL-MART REAL ESTATE BUSINESS ?mac..- WAL-MART STORES, INC., a Delaware By Na J. Chris Callaway Title Regional Vice President WAL-MART ACKNOWLEDGEMENTS State of Arkansas, County of Benton ss: / ,•'~. This instrument was acknowledged before me on the ~ day of ~ e .Pm b..Q,r , 2009 by - as ,n,,,n 0 ~ 7 of Wal-Mart Realty Company, an Arkansas corporation, on be alf~e corporation. LISA M. GARCIA NOTARY PUBLIC-STATE OF ARKANSAS WASHINGTON COUNTY My Commission Expires May 01, 2017 Commission # 12360574 ary Public in and for the State of Arkansas My commission expires: L-YYltc.~ U 1, 2~ 0 l 7 State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the ~_ day of [1P c~C~xr,la.Q~' , 2009 by S c+~.j,,r rb t"~ ~, 0 .~, s ~c~r,r~~~ ~ of Wal-Mart Real Estate Business Trust, a Delaware st~tory trust, on behalf of the trust. LISA M. GARCIA NOTARY PUBLIC-STATE OF ARKANSAS WASHINGTON COUNTY My Commission Expires May 01, 2017 Commission # 12360574 N tary Public in and for the State of Arkansas My commission expires:~Y1~ Ql ~ a0 ~ 7 State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the ~_ day of 17QC:PYYI ~~ r, 2009 by s 17.o q lCtYt~'~ ~L t`7 __ of Wal-Mart Stores, Inc., a Delaware corporation, on beh f of th rporation. ary Public in and for the State of Arkansas LISA M. GARCIA NOTARY PUBLIC-STATE OF ARKANSAS My commission expires: `~~ ~ ji °~ ~ ~ WASHINGTON COUNTY My Commission Expires May 01, 2017 Commission # 12360574 CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this day of :,010, before me. the undersigned, a notary public for the state of Iowa, personally appeare~'Matthew .7. Hayek and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: 6b Prepared by and Return to Saga F Greenwood Hektoen Asst City Attomey 410E Washington St Iowa City IA 52240, (319)331-5030 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT (this "Agreement") is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Wal-Mart Realty Company, an Arkansas corporation, Wal-Mart Real Estate Business Trust, a Delaware business trust and Wal- Mart Stores, Inc., a Delaware corporation (hereinafter, collectively "Wal-Mart" or "Owners"). WHEREAS, on June 13, 1989, the City adopted an ordinance re ning from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land located outh of Highway 1 West and entered into a Conditional Zoning Agreement (the "1989 C ") which established certain conditions and restrictions on the owner of said 28.084 acres; a WHEREAS, the 1989 CZA was amended on Septem~ 24, 1996 (the "1989 CZA, as amended"); and WHEREAS, on September 23, 2008, the City approv d a conditional zoning agreement that replaced and superseded the 1989 CZA and obligated t e Developer to substantially comply with a concept site plan and landscaping plan that showed ne building and a large parking lot; and WHEREAS, the 1989 CZA, as amended, and the and inure to the benefit of all successors and assn CZA are covenants running with the land the property burdened thereby; and WHEREAS, Wal-Mart owns and desires to ("the Property"), which is considered a major WHEREAS, the City has a policy to preser~/e and approximately 25.16 acres of said land Iowa City; and entranceways to Iowa City; and WHEREAS, Wal-Mart has submitted a oncept Site Plant the City that materially varies from the terms set forth in the 2008 CZA, an has thus requested e 2008 CZA be replaced with and superseded by this Agreement; and WHEREAS, the Planning and Zoni Commission has recomm nded approval of such request subject to conditions related to ens ring that the Property is de loped in a manner consistent with the City's Comprehensive Pl as it exists as of the date oft 's Agreement and compatible with the adjacent neighborhood, aying particular attention to the esthetics and landscaping of this site which serves as a major ntranceway to the City; WHEREAS, Iowa Code Sect~on 414.5 (2009) provides that the City may impose reasonable conditions when land is rezoned over and above existing regulations in order to satisfy the public needs directly caused by the requested change; and WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is compatible with the adjacent neighborhood; WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of this Agreement; THEREFORE, it is agreed as follows: 1. This Agreement hereby replaces and supersedes he 2008 CZA with respect to the land legally described in Paragraph 2 herein. 2. Owners are the titleholder of the land legally des ribed as follows: Auditor's Parcel 2008 03, Johnson County, Io a, in accordance with the Plat thereof recorded in Book 53, a Page 269, in the re rds of the Johnson County Recorder's Office, containing 25.16 a es and subject to th easements and restrictions of record. 3. The parties acknowledge that e City has a to preserve and enhance the e anceways regard to the site design of com rcial est the impact of the structures and less n the e acknowledge this policy is reasonable, rop~ licy, as stated in the Comprehensive Plan, Iowa City and to take special care with ~lishments, including landscaping to soften ect of large parking lots. Owners agree and and appropriate under the circumstances. 4. The parties agree that Highway 1 West a major entranceway to Iowa City from the southwest. Wal-Mart acknowledges the Ci 's policy concerning entranceways governs this rezoning request, therefore Wal- art a ees to provide certain amenities over and above City regulations in order to les n the i act on the surrounding area and enhance the development of the entrancew to the Ci ,said amenities are more particularly described below. 5. The development will substantia y conform to the N ember 23, 2009 Concept Site Plan (the "Concept Site Plan"), the ovember 18, 2009 bu ding elevations and the October 28, 2009 Landscaping Plan attached and by this eference incorporated herein (collectively, the "Plans"), particularly with regard t the building location and orientation, the square foota e of greenspace, the storefron landscaping, facade design, location of the bus stop, to ation of the public access easem t and the configuration of parking spaces. In additio to the site development standards et forth in the Iowa City Code of Ordinances, Wal- art agrees and acknowledges that: a. The two internal andscaped median aisles running the len h of the parking lot, but not containin a sidewalk, shall have a minimum width o nine (9) feet; b. This Agreements in no way modifies or affects the Bus Stop License Agreement entered into between Wal-Mart and City on November 25, 2008; c. The development of Lots 2 and 3 shall comply with the local zoning standards for large retail uses, as set forth in Iowa City Code of Ordinances Section 14-2C-6K entitled "Commercial Site Development Standards." Prior to development, the developer shall obtain Staff approval of the site plan for each lot, which will not be unreasonably withheld. d. Three free-standing signs shall be permitted to be located as shown on the Concept Site Plan; e. The Property may be re-developed in two phases. Phase I shall include the demolition of the existing Cub Foods and Staples buildings, construction of the new Wal-Mart store, and installation of all improvements on land not currently occupied by the existing Wal-Mart Store. Phase II shall consist of demolition of the existing Wal-Mart and installation of all necessary erosion control measures as may be required by applicable law, including t e installation and maintenance of grass on Lots 2 and 3 until said lots are develop d; f. Upon completion of Phase I in conforma e with all applicable City requiremen s, the City shall issue a temporary c rtificate of occupancy valid for 120 days. If hase II has not been completed up n the expiration of the temporary certificate of ccupancy, said certificate may e extended if the Applicant has shown good fait efforts to begin Phase II; g. Upon completio of Phase II in confo ance with all applicable City requirements, the Ci shall issue a certificate of occupancy; h. Wal-Mart delivery tra is shall be directed t enter and exit the site from Ruppert Road. 6. Not withstanding Paragraph five above, the laps attached may be modified within the general parameters of the Plans, uch as st ctural dimensions and tree species. Any modifications departing from the Pla must nd shall be subject to staff review and approval. Nothing in this Agreement sh 1 be onstrued to require Owners to conform to the Plans in every detail, as the Plans are ' t nded as conceptual in nature. Neither party may intentionally digress from the Plans for ny arbitrary reason. 7. Owners and the City acknowledge that t e c ditions contained herein are reasonable conditions to impose on the land un r Iow Code §414.5 (2009), and that said conditions satisfy public needs that are rectly ca ed by the requested rezoning. 8. Owners and the City acknowledge t at in the eve the Property is transferred, sold, redeveloped, or subdivided, all red velopment will conform with the terms of this Agreement. 9. The parties acknowledge that this greement shall be dee ed effective upon recording, which shall occur upon adoption d publication of the Ordt ance and the parties further acknowledge that this Agreement shall be deemed to be a cov nant running with the land and with title to the land, and sh 11 remain in full force and eff ct as a covenant with title to the land, unless or until relea ed of record by the City. In the vent Wal-Mart does not pick up and pay for the buildin permit for the construction of th Wal-Mart supercenter structure contemplated on the Concept Site Plan within two (2) ears from the date of Council approval of the Ordi ance, this Agreement and correspo ding Ordinance shall automatically be released an repealed two years from the date of Council approval of the Ordinance. In the event of such release and repeal, the Property shall continue to be subject to and burdened by he 1989 CZA, as amended. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 10. Owners acknowledge that nothing in this Agreement shall be construed to relieve them from complying with all other applicable local, state, and federal regulations. 11. The parties agree that this Agreement shall be incorporated by reference into the ordinance approving this Agreement and rezon'ng the Property (the "Ordinance"), and that upon adoption and publication of the Ordin nce, this Agreement shall be recorded in the Johnson County Recorder's Office at Wal- art's expense. 12. The Parties a knowledge and agree that unt' such time as Wal-Mart picks up and pays for the buildin permit for the construct'on of the Wal-Mart Supercenter structure contemplated on e Concept Site Plan, th Property and the buildings presently existing thereon shall be re uired to comply w~ the 1989 CZA, as amended, and not this Agreement. 13. If Wal-Mart or any Owne is delayed r hindered in or prevented from the performance of any obligation required der this greement by reason of failure of power, strikes, lock outs, riots, insurrection, ar, mi tart' or usurped power, sabotage, unusually severe weather, fire or other casualty, r o er reason of a like nature beyond the reasonable control of such delayed party, t time for performance of such obligation may be extended for the period of the delay Dated this day of /, 2 WAL-MART REALTY COMPANY, an Arkansas corporation By Name Title WAL-MART REAL EST~TE BUSINESS TRUST, a Delaware statutor trust By Name By O~F IOWA CITY, IOWA a D. Bailey, Mayor By Marian K. City Clerk Approved by: ,~ City Attorney's ce ~ ~ 9 ~09 Title WAL-MART STORES, INC., a Delaware corporation By Name Title WAL-MART ACKNOWLEDGEMENTS State of Arkansas, County ~of Benton ss: This instrument was acknowledged before eon the day of , 2009 by , as of Wal-Mart Realty Company, an Arkansas corporation, on behalf of the corpor ion. ~dotary Yubtic in and Tor the Mate or tirxansas commission expires: State of Arkansas, County of Bentonp's: This instrument was 2009 by Business Trust, a Delaware edged before me n the day of of Wal-Mart Real Estate trust, on behalf of th trust. Notary Public in My commission State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the 2009 by , as Delaware corporation, on behalf of the corporation. for the Mate or tirxansas day of of Wal-Mart Stores, Inc., a Notary Public m and ror the atate or tirxansas My commission expires: CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this day of 2009, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, wha, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executi g the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged e execution of said instrument to be the voluntary act and deed of said corporation, by it a by them voluntarily executed. Public in and for the State of Iowa y commission expires: i' t Prepared by: Kristopher Ackerson, JCCOG, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS." WHEREAS, the current Iowa City Code Section 9-3-6(B) variously defines the speed limits for portions of the Old U.S. Highway 218 and South Riverside Drive; and WHEREAS, the City wishes to amend the maximum speed limits by reducing certain portions from 50 miles per hour to 45 miles per hour and clarify the location where those limits apply; and WHEREAS, vehicle speed was a contributing factor in fifty-nine vehicle collisions between 2001 and 2007 in the corridor described above; and WHEREAS, it is in the public interest to reduce maximum allowable speeds for all vehicles on that certain portions of U.S. Highway 218 and South Riverside Drive described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub-Section B, entitled "Exceptions" is hereby amended by substituting the following language under the headings of "Name of Street" and "Maximum Speed Limit (MPH)" and "Where Limit Applies": Maximum Speed Limit Name of Street MPH Where Limit A lies Old U.S. Highway 218 45 From the south city limits to the northern terminus of Old U.S. Highwa 218 South Riverside Drive 45 From the northern terminus of Old U.S. Highway 218 to a point 800 feet south of the intersection with U.S. Highway 6 and Iowa Hi hwa 1 South Riverside Drive 30 From a point 800 feet south of the intersection with U.S. Highway 6 and Iowa Highway 1 north to the intersection with U.S. Hi hway 6 and Iowa Hi hwa 1 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of , 2009. MAYOR ATTEST: Approved GC.(GC.. ~¢u1T~~G2 CITY CLERK City Attorney's Office ~ Zl q `v °~ jccogtp\ORD\Old Highway 218 Speed Restriction 12 4 09.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 12 / 14 /~ - Vote for passage: AYES: Wright, Bailey, Champion, Correia, HayefC, O'Donnell, Wilburn NAYS: None. ABSENT: None. Second Consideration 1 / 12 / 2010 Vote for passage: AYES: Mims, Wilburn, Wright, Champion, Dickens, Hayek. NAYS: None. ABSENT: Bailey. Date published Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 7, "FIRE CODE", BY CREATING CHAPTER 5, "HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED INCIDENTS", TO ALLOW FOR RECOVERY OF COSTS ASSOCIATED WITH RESPONSE TO HAZARDOUS MATERIALS AND TRANSPORTATION- RELATED INCIDENTS, AND ALLOW SUCH FEES FOR RECOVERY TO BE SET BY RESOLUTION. WHEREAS, the production or transportation of hazardous materials create an inherent hazard to the public and the environment; and WHEREAS, the Iowa City Fire Department provides services associated with responses to incidents involving hazardous materials and motor vehicle accidents; and WHEREAS, said response services can be inordinately costly in terms of equipment used and damaged, and labor expended; and WHEREAS, the Fire Department wishes to establish fees to recover the actual costs of the response services for hazardous materials and transportation-related incidents; and WHEREAS, establishing and assessing such fees are in the best interests of the health, safety and welfare of the citizens of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 7, entitled "Fire Department," Chapter 5, entitled "Hazardous Materials and Transportation- related Incidents" is hereby created as follows: 7-5-1: DEFINITIONS: HAZARDOUS MATERIAL: Any item or chemical which is a risk to public safety or the environment, and is regulated as such under the Hazardous Materials Regulations (49 CFR 100-180), the International Maritime Dangerous Goods Code, the Dangerous Goods Regulations of the International Air Transport Association, the Technical Instructions of the International Civil Aviation Organization, or the U.S. Air Force Joint Manual, Preparing Hazardous Materials for Military Air Shipments, all as amended. Such materials shall include, but are not limited to: chemicals which are carcinogens, toxic agents, irritants, corrosives, sensitizers; agents which act on the hematopoietic system; agents which damage the lungs, skin, eyes, or mucous membranes; chemicals which are combustible, explosive, flammable, oxidizers, pyrophorics, unstable-reactive orwater-reactive; and chemicals which in the course of normal handling, use, or storage may produce or release dusts, gases, fumes, vapors, mists or smoke which may have any of the previously mentioned characteristics. HAZARDOUS MATERIALS INCIDENT: Any incident involving the presence of hazardous materials, as defined herein, whether the chemical or substance is in usable or waste condition. TRANSPORTATION-RELATED INCIDENT: Any response related to a means of conveyance or travel of passengers or goods. 7-5-2: FEES: The city council may, by resolution, establish fees and assess costs against involved parties related to the response to any hazardous materials incident or transportation-related incident. In the case of hazardous materials incidents, the costs will be assessed against the party who brought the hazardous materials to the scene, regardless of which party caused the need for emergency response. In the case of transportation-related incidents, costs will be assessed against the owner and/or operator of the motor vehicle requiring emergency response. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Appr ed by la-~~~o y City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 12/14/2009 VOteforpaSSage: AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. NAYS:. None. ABSENT: None. Second Consideration 1 / 12 / 2010 Vote for passage: AYES: Wilburn, Wright, Champion, Dickens, Hayek, Mims. NAYS:-None ABSENT: Bailey. Date published