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Home My WebLink About2010-01-25 Ordinance***** REVISED PUBLICATION DATE **** Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ09-00010) ORDINANCE NO. 10-4377 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 by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided .bylaw. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25th day of January, 2010. ~~ MAYOR ATTEST: ,~~~~ 77 . `~!~ C CLERK App ved by ~~~~~~ Gl ~ ity Attorney's Office ~ ~ /~ /~ Ordinance No. 10-4377 Page 2 It was moved by Bailey and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion X Dickens ~_ Hayek X Mims x Wilburn x Wright First Consideration 12/14/2009 Vote for passage: AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion NAYS: None. ABSENT: None. Second Consideration 1/12/2010 VotefOrpaSSage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright. NAYS: None ABSENT: Bailey. 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F ~" >z~ ~,n ~ ~ ~ m r 2 n a o r r 7 r C N A m rn x m ~ r o < O Z I O -~ 2 L 6-~P ~ L 9-1R L r~ r 'I m A n ~ o m r O Z 1 D to ^ r'n/^T'nA'c 6 UN/T CONDOS AT LOT I ot,~E rowrve v~c~nce I~ Untrauer's Drafting Service 1 D ,~,~;~ " - - - BY LALLBN HOMES, INC. 530-B23B za~e siERUNC oRivE, sown an, sown szzao (a r9) 33e-s9ea l~' f ~ 'r a Prepared by: Christina Kuec r, Associate Planner, 410 E. Washington Street, Iowa ity, IA 52240; 319-356-5243 (REZ09-00010) ORDINANCE NO. 10-4377 ORDINANCE AMENDING THE CANNED DEVELOPMENT OVE LAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD-8) ONE FOR LOT 1, OLDE OWNE VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH OF MI DLEBURY ROAD, IN 10 CITY, IOWA (REZ09-00010) WHEREAS, the applicant, Allen Home Inc, has re Overlay Medium Density Single Family Reside tial (OPD-8) Westbury Drive, south of Middlebury Road to al w for the open space, and a picnic shelter with grill area; an WHEREAS, the Comprehensive Plan indicat Rochester, be developed as a commercial node with WHEREAS, Lot 1 currently contains 15 townhouse WHEREAS, the Planning and Zoning Commissi recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE C SECTION I APPROVAL. The OPD plan fort pry five additional townhouse style dwelling units dim attached site plan and building elevations, whit by this :d amending the Planned Development for Lot 1, Olde Towne Village, located at n of five townhouse style units, improved ~t/)his neighborhood, at the corner of Scott and ouses and small-scale apartment building nearby; yle units; and has the reviewed the proposed rezoning and has JCIL OF THE CITY OF IOWA CITY, IOWA: described below is hereby amended to include 'dents to the open space as illustrated on the n e are incorporated herein: Lot 1, Olde Towne Village in accordant with the Plat thereo recorded in Book 49, at Page 321, of the Johnson County Recorder's Offi ,containing 2.43 ac es and subject to easements and restrictions of record. SECTION II. ZONING MAP. The uilding Inspector is hereby a thorized and directed to change the zoning map of the City of Iowa City, I a, to conform to this amendm t upon the final passage, approval and publication of this ordinance by I SECTION III. CERTIFICATIO AND RECORDING. Upon passage a d approval of the Ordinance, the City Clerk is hereby authorized an directed to certify a copy of this ordinan and to record the same, at the office of the County Recorder of J hnson County, Iowa, at the owner's expen ,all as provided bylaw. SECTION IV. REPEALER. All ordinances and parts of ordinances in co flict with the provisions of this Ordinance are hereby repeale . SECTION V. SEVERAB ITY. If any section, provision or part of the Ordina ce shall be adjudged to be invalid or unconstitutional, s ch adjudication shall not affect the validity of the Or finance as a whole or any section, provision or part t reof not adjudged invalid or unconstitutional. SECTION VI. EFFE IVE DATE. This Ordinance shall be in effect after its fin I passage, approval and publication, as provided y law. Passed and appr ved this 25th MAYOR ATTEST: C Y CLERK App ved by ity Attorney's Office (~ /~ /U day of January, 2010. Ordinance No. 10-4377 Page 2 It was moved by Ba' le and seco~ as read be adopted, a upon roll call there were: AYES: NAYS: AB~NT: by Champion that the Ordinance x alley x Champion Dickens _~ Hayek X Mims x Wilburn x Wright First Consideration 12 / 14 /2009 Vote for passage: AYES: rreia, yek, O'Donnell, Wilburn, Wright, Bailey, Champion, NAYS: None. ABSE None. Second Consideration 1 / 12 20 l0 Vote for passage: AY Champion, Dic ens, Hayek, Mims, Wilburn, Wright. NAYS:-None. ABSENT: B iley. 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FF ~t g ~~ x E s a a s e d x c ,. • a Y sa aa € ~€ -_ 1 // z ~. 1,. - b ' III . ~~I o ~ I~ ~ I (7 a -~~ ~a~t IIT~' ~ I I-~ . r n .111 I ; III ~ ~ X111=I $ IEg a IJI R Ali l .~ IIII~ '•• 11=I1 - dl-III ill=III=1 j_i ~ LOT i, OLDE TOWNE VILLAGE / " ~~~~ 5 s ' f F ~~;' f~ ~ ., ,.. ~.,- aaaeo u ^~~s F ~ P3'a~m FF.F. ~ Sg a! s~ g g x! '~_flnd ~y a'fix ff c c$ 5 ~spp :Fff: a?v°=~~ $3 ~3 a~ '~ R~7 ~ ~ 2~5 € np'a ~ fa$f 5 ~ sR~ ~. ~ €9 ltf_ dog x ~ a - €~ 0 a ~ ~ ~ ~ f8 2~ ',~ ~°a ~ ~\~ ~ ~ ~ ~ ~ \ € ` ~ m ~ ~ ` F O cps y ''te n ~' '~ r '~ oo. K ~ ~ a zc 8~.r3 ~ Z ~` ~~~ ~N v r N~z c ~ ~ O o T~~° ~~~ ~ov~ a rn ~' ~o a ~-3 X ~ '~ ~>~ Y 'a ~ P 9 n> Z H l 1 Hy ~ A ~-c O ~ > c~ ~ 0 >W~ Q~~ n ~ Kz~ z L J ~ ~' z~ vi "'3 o cn0 a z'Y .j '"'" ~ A z '< g-'-{ I'-dl ~ L ~'~E, i II il~ m ~~ { i ~~ ~ ~e~~arle~s'~ ~i~ ~~I s I ~ ,SQF ~ ggpp,R ~ J, I _.B I ~I O Ff?R ` I ~ I III ^8~1°cT~' III ~ III ~ ~~ a g~ ~ ~ ~ ~~~~~~y~y~~~~~~3'6~' a~~~~~~f.fo~8 a R~ t ~ ~ ~~ N L `J tl~.® M ~ ~ ~I~ $N ~h~<O~ ~Dz ~~~~ ~d ~3 ~ a i ~ ~7Y,~~ Z ~ ~3~ ~ €~ cv ~ ~ 1~I'~ ~ ~ m msp ~~~ ~~oa~s°~~~N" -- ., ~ - M~-~ Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ~ b ORDINANCE NO. 10-4378 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 & 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 fV. 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 25th day of January , 20 10 MAYOR v- ~/ /,- ATTEST: ~~~ y_~%s~`~ Approved by ~ C~IG~c /!~LE~;~r,~i~zJa-/~~`~/~- CITY CLE K City Attorney's Office ~ ~/~ y~k!' Ordinance No. 10-4378 Page 2 It was moved by Wright and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _~ Champion x Dickens x Hayek ~_ Mims x Wilburn ~_ Wright First Consideration 1 / 12 / 2010 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Champion. NAYS: None ABSENT: Bailey. Second Consideration -------------------- Vote for passage: Date published 2 / 3 / 2010 Moved by Wright, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS. None. ABSENT: Dickens. Prepared by and Return to• Sara F Greenwood Hektoen Asst City Attorney 410E Washington St Iowa City IA 52240. (3 1 9133 1-503 0 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. 5. 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. 2010 Dated this 25th day of .Tanuar~,-~96g WAL-MART REALTY COMPANY, an Arka s corpor ion 1 By Na J. Chris Callaway Title Regional Vice Presi WAL-MART REAL ESTATE BUSINESS TRUSS Delaware statutory Yrust By J. Chris CITY OF IOWA CITY, IOWA BY G~ --^~~ Matthew J. Hayek, .Mayor a/ ~ gy .~' J"~ Marian .Karr, City Clerk Approved by: City Attorney's Office Title 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 ,~ P C.Pm h.Q,r , 2009 by ~1~ - ' as ~~~_~~ a of Wal-Mart Realty Company, an Arkansas corporation, on be alf of a 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-YYl~ U l - a0 l `7 State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the ~_ day of C1P C+P.nn1~~ , 2009 b s ~.P~nr~~. ,.~'~? of Wal-Mart Real Estate Business Trust, a Delaware sta utory 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:-Y1~1~ 0~ , a0 l 7 State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the ~_ day of 1)P[' ~YYl ~o o r, 2009 by"~~~p..f'1~.~ s l~0 4 L~in~~.D ~[`a of Wal-Mart Stores, Inc., a Delaware corporation, onG~ of the corporation. ary Public in and for the State of Arkansas LISA M. GARCIA NOTARY PUBLIC-STATE OF ARKANSAS Q1~ oL0 l'~ WASHINGTON COUNTY My commission expires: `~~ My Commission Expires May 01, 2017 Commission # 12360574 CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this ~5 ~~ day of ~~ ,Z010, before me. the undersigned, a notary public for the state of Iowa, personally appearer'Matthew J. 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. ~~ ~~~ ~W~t SONDRAE FORT s ? ~ Commission Number 159791 Notary Public in and for the State of Iowa My Commission Expires 10'" ~ ~`' a My commission expires: .3~~ /aJ~~ I J M o ~~ "~ ~ s" o~~ ~- 2~~ ~?'?VY4 X 3 3 3 3 3 2 ~ t [° ma °o a$ 2 E m E ~ ~ g~ ~s ~a i ~ b o ~ '.~4?°~u?N z ~ O W J W o Q~ W a ~ ° z o a > e W J W 1~ 2 a L7 ~§gg~ ~ s f `'~ t ~ ~ MCI t ~~~~~~~~ ~ _.....~ a -r,.__......._.. i .- _.._.: r~~,r-'s _ ~ '. - -----L-~ ,~~ _~ :~ E ~ 9 ~$a ap i ~ ~ ~ ~I q .~~ ~~ ~~ p ~ ~~ ~ s ~ f' , '" , ~ ~g ~~1~~~3 II e I _ ~ I J b ~ ' ~ 0~ ~~a~~~~ ! ~ ~ k~" - ~/ /, /' / ,,\; \ \ `~~ ~~> .\, ~~ ,\ ~~ ti ,Ii C, ~t ~~ ,' ~ ~ ~ ' ~ o'~:\ 'i~, :,~ ~~t% , ~ ~ o_ ~~ ~ ' ~ i ,/~~ ~~ ~~~ r i /~ tip ~ ~'. ~ ~ ~ f ~ / ~~~' Z~ ~. ~2 / .\' -j C .. \ ~ `\. :m am =o i I~ ~ i I i ~ '~ I eft ~g ~ B '~ ~ t~~~ggg~£~ai ~- ~~ ~Z i 9?~'. ~~w mD ~6Ea4' r ~ c , ~ ~' g I / ~..j1.L~ • 'A / ~x ~ ~ o gg XS~~R~iCg ~~ ~~~~~b~~o0 re~~a ~ ~ 0 / ,O ,~ q €6P~ N ~ /, ~ s~~8~p~3 ~ ~ g y Y ~ ' V E F . 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Rz~~C .~~~d E~ ~6le,i ~a~ ~ E~ E9 is @ ~~~~ § ~• a ~, ~ to ~#jFd~y : Z m m ~ g~~ ~ - i; :9 kd ~ ~ p ~ n ~ Z " ~ Y~~ ~ n ~ /L/'R ~o ~{ ~ " ,, ~..... ...~ w m ~ r ~ o _ / i i ~, Z r II I i z ~ ~ ~ ~ '', ~ ~ ~ ~ ~ 7b 'i MEARDON, SUEPPEL be DOWNER P.L.C. LAwrERs ROBERT N. DOWNER JAMES D. McCARRAGHER MARK T. HAMER THOMAS D. HOBART DOUGLAS D.RUPPERT TIMOTHY J. KRUMM WILLIAM J. SUEPPEL CHARLES A. MEARDON DENNIS J. MITCHELL DAVID J. BRIGHT PETER J. GARDNER ANNE E. DANIELS ANDREW J.HOSMANEK PATRICIA G. KROPF CARRIE L. LATHROP 122 SOUTH LINN STREET IOWA CfIY, IOWA 52240 - i 802 243 I CORAL COURT, SuiTE 5 '' ~, CORALVILLE, IOWA 5224 I -2838 January 11, 2010 Marian Karr City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Marian: TELEPHONE: (3 19) 338-9222 IowA crrr F,ax: (3 1 9) 338-7250 coRALwLLE F,ox: t3 19> 545-4055 WWW.MEARDONLAW.COM WILLIAM L. MEARDON (I 9 19- 1997) OF COUNSEL: WILLIAM F. SUEPPEL MARGARET T. LAINSON JEAN BARTLEY I am writing on behalf of Wal-Mart to respectfully request that the City Council collapse the second and third readings of Ordinance REZ09-00008, 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 and 1001 Highway 1 West. We appreciate the City Council's consideration. Thank you. Very truly yours, Dennis J. Mitchell DJM/cu Copies to: _ 4 Jeff Davidson ° ~ Eleanor Dilkes ~' Bob Miklo ~' °"" ~ ~ -- ~ Sara Greenwood-Hektoen •~ ..u ~~ ~ `.~°" ~ w -,, PRELIMINARY P~ITL/A~yT AND /~gST,~E[~N~IISITIVTUjETI A¶IIR~~ETA~/7S DEVEIIN~LIOPMENT PLAN ~IV 11~ ~!&1b JL ~V~LJ1 V~~~~JL9 ~ IOWA CITY, IOWA ~` ow~ o~~zz.o ~ o ~, AR,~„6 a~N~ s oFN 66~~N666 TR66, 6zz<6 ~ - - ~ ~~~ aFS~ ~ ~ a~a._ i o vss~wrs ..o rcE ~ ~ , / > i / ~~~~~ ~~'e l~ PLAT/PLAN APPROVED ~ ~ ~ ~ °~~,%~ k ~~ i by the Gl: ~ ~ //f ~ _ City of Iown City ~e~' I _ ~. ~G~~ :i a % /// i ~..-" i a/ ~ a ~ ~~ ~~~ ~~v ~A~ ~~ I~ ~~~ ~. 25.16 ACRES i ` ,I ~~ ,uL~~, ..r+ CIVN. FNGINEF.RS L4N9 PLANNERS L9ND SI;RVCYORS LANDSCAPE 4RCHITECTS EAVIRONMEMf L SPECIALI£fS PRELIMINARY PLAT SENSITIVE AREAS DEVELOPMENT PLAN OlU1~~C'I "/2~;' VJ~~7YI~UI~71' I?IL~7~Gd ;~1aV37f WAL-MART SUBDIVISION IOWA CITY JOHNSON COUNTY IOWA MMS CON 54740091 0, z Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 13, ENTITLED "AIRPORTS AND AVIATION," CHAPTER 1, ENTITLED, "AIRPORT COMMISSION," TO PROVIDE THAT COMMISSION MEMBERS SHALL BE RESIDENTS OF IOWA CITY. WHEREAS, Section 330.20 of the Iowa Code provides, in part, that the City Council shall appoint the members of the Airport Commission; WHEREAS, HF 552 amended Section 330.20 in 2009 to provide that each member shall be either a resident of the city or county establishing the commission or "a resident of a city or county is this state served by the airport;" WHEREAS, HF 552 further provides that at least three of the members of afive-member commission shall be residents of the city or county establishing the commission;" WHEREAS, Section 330.20 previously provided that the members shall be "resident voters; WHEREAS, because the City is the only local governmental entity providing financial support to the Iowa City Municipal Airport, all members of the Commission shall be residents of Iowa City; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 13, entitled "Airports and Aviation," Chapter 1, entitled "Airport Commission," Section 2, entitled, "Composition; Appointment; Term; Vacancies," is amended by deleting it in its entirety and substituting in lieu thereof the following new Section 2: The commission created by this chapter shall consist of five (5) members who shall be appointed by the mayor with the consent and approval of the city council. Commission members shall be residents of Iowa City. Upon expiration of the current six (6) year terms, all appointments shall be for terms of four (4) years. Vacancies shall be filled in the same manner as original appointments are made. At the request of the airport commission and upon approval of the city council, the mayor may appoint a nonvoting, advisory commission member who resides outside the city boundaries. 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 App ovg~~ l ATTEST: CITY CLERK 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 1 / 25 / 2010 Vote for passage: AYES: Wright, Bailey, ABSENT: Dickens. Second Consideration _ Vote for passage: Champion, Hayek, Mims, Wilburn. NAYS: None. Date published r ~~~~= A~~ CITY OF IOWA CITY 9 ~~.® ~,,. ~ .~ ®~~-~ E A U RA N D~ M Date: January 12, 2010 To: City Council, Dale Helling From: Airport Commission Re: Eligibility to serve on Iowa City Municipal Airport Commission During the 2009 state legislative session, the Iowa Legislature passed, and the Governor signed, legislation that revised the eligibility of Airport Commissions who can serve on Airport Commissions, such as the Iowa City Municipal Airport Commission. A minority of Airport Commission members are allowed to be from areas served by the airport outside of the local governing entity that established the Airport Commission. In the case of the Iowa City Airport, 2 of the 5 Airport Commission members could be from an area outside of the City. During the November 17, 2009 Airport Commission meeting, members discussed the implications of these new guidelines and moved to recommend to the council that they continue to allow only eligible electors and residents of the City of Iowa City. The justification of this recommendation is the Iowa City Municipal Airport serves the Iowa City community, and the Iowa City community is the sole contributor of local funds used by the Iowa City Municipal Airport Commission for airport operations and capital improvement programs. Respectfully submitted Janelle Rettig Chairperson Iowa City Municipal Airport ~~~~ (.~ Prepared by: Kristopher Ackerson, JCCOG, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 10-4379 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. Hi hwa 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 hwa 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. 2010 Passed and approved this 25th day of January , ~~~ MAYOR ATTEST: G~-~ ' ~ ~ Approved GGtCL ~~d~uJ~~~Q~~ CITY ERK City Attorney's Office 129' ! v 7 jccogtp\ORD\Old Highway 218 Speed Restriction 12 4 09.doc Ordinance No. 10-4379 Page 2 It was moved by Wright and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion X Dickens x Hayek Mims Wilburn Wright First Consideration 12 / 14 / 2009 Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburi NAYS: None. ABSENT: None. Second Consideration 1 / 12 / 2010 VotefOrpaSSage:AYES: Mims, Wilburn, Wright, Champion, Dickens, Hayek. NAYS: None. ABSENT: Bailey. Date published 2 / 3 / 2010 Nub ~/ Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 1O-4g;g0_ 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 ortransportation-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. Ordinance No. 10-4380 Page Z 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. 2010 Passed and approved this 25thday of January , ~~~ / ~w '7S !~ MAYOR ATTEST: 'y~ CIT ~-ELERK App ed by ld/~~o y City Attorney's Office Ordinance No. ~ n-43$p_ Page 3 It was moved by Wight and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey g Champion X Dickens x Hayek ~_ Mims x Wilburn x Wright First Consideration 12/14/2009 Vote for passage: AYES: Bailey, Champion, Correia, Wright. NAYS: None. ABSENT: None. Second Consideration 1 / 12 / 2010 Vote fOr passage: AYES: Wilburn, Wright, Champion, ABSENT: Bailey. Date published 2 / 3 / 2010 Hayek, O'Donnell, Wilburn, Dickens, Hayek, Mims. NAYS: None.