HomeMy WebLinkAbout2010-06-15 OrdinancePrepared by: Jacob Rosenberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5231 (REZ10-00008)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 24.35 ACRES LOCATED WEST OF MORMON TREK
BOULEVARD, SOUTH OF HIGHWAY 1, AND ADJACENT TO CITY VIEW DRIVE FROM HIGHWAY
COMMERCIAL (CH-1) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ10-00008)
WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a rezoning of property located west
of Mormon Trek Blvd, south of Highway 1, and adjacent to City View Drive from Highway Commercial (CI-
1) to Intensive Commercial (CI-1 ); and
WHEREAS, the Comprehensive Plan indicates that the area is appropriate for intensive commercial
development; and
WHEREAS, the Comprehensive Plan designates this area as an entryway to the City where aesthetic
considerations are important; and
WHEREAS, the Comprehensive Plan indicates that the area may be appropriate for Intensive
Commercial development provided that any developments are designed to be an attractive entryway to
the City; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
regarding landscaping, buffering, and building and site design standards, the requested Cl-1 zoning will be
in conformance with the Comprehensive Plan; 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 have 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Highway
Commercial to Intensive Commercial:
LEGAL DESCRIPTION
LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND OUTLOT "B" OF JJR DAVIS ADDITION, IOWA CITY, JOHNSON
COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK
47, AT PAGE 165, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE,
EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS:
BEGINNING AT THE NORTHWEST CORNER OF OUTLOT "A" OF SAID JJR DAVIS
ADDITION; THENCE N11°39'22"W, ALONG THE WEST LINE OF SAID JJR DAVIS ADDITION,
150.51 FEET; THENCE S74°45'31"E, 38.08 FEET; THENCE N64°08'29"E, 32.48 FEET;
THENCE S86°19'59"E, 87.40 FEET; THENCE S40°09'06"E, 44.90 FEET; THENCE N84°34'11"E,
128.33 FEET; THENCE S68°12'39"E, 36.91 FEET; THENCE S25°28'38"E, 53.26 FEET;
THENCE S65°27'42"E, 189.91 FEET; THENCE S01°54'37"E, 57.76 FEET; THENCE
S80°50'36"E, 88.06 FEET; THENCE S63°24'54"E, 76.31 FEET, TO A POINT ON THE SOUTH
LINE OF SAID JJR DAVIS ADDITION; THENCE S89°58'36"W, ALONG SAID SOUTH LINE,
237.63 FEET, TO ITS INTERSECTION WITH THE EAST LINE OF OUTLOT "A" OF SAID JJR
DAVIS ADDITION; THENCE N12°32'55"W, ALONG SAID EAST LINE, 89.37 FEET; THENCE
N56°41'28"W, ALONG THE NORTHEASTERLY LINE OF SAID OUTLOT "A", 174.59 FEET;
THENCE S77°07'17W, ALONG THE NORTH LINE OF SAID OUTLOT "A", 270.39 FEET, TO
SAID POINT OF BEGINNING,
Ordinance No.
Page 2
SAID RESULTANT TRACT OF LAND CONTAINS 24.35 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS AND RECORD.
SECTION II. ZONING MAP. The building official 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 the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. 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 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
a~pprovedb1y
City Attorney's Office (~ I I O I I L,
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 6/15/2010
Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Jacob Rosenberg, PCD Intem, 410 E. Washington, Iowa City, IA 52240 (319)356-5240 (REZ10-00008)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"); ILJ Investments, Inc. (formerly Sneblen Farms, Inc.), James R. Davis,
Robert A. Davis and Jan Ellen Smith (hereinafter collectively "Davis"); and Dealer Properties IC,
LLC (hereinafter "Applicant");
WHEREAS, ILJ Investments, Inc., Davis' and Applicant are the legal title holder of
approximately 24.35 acres of property located west of Mormon Trek Boulevard, south of
Highway 1 and east of Highway 218; and
WHEREAS, the Applicant, with ILJ Investments, Inc.'s, and Davis' consents, has requested the
rezoning of said property from Highway Commercial (CH-1) to Intensive Commercial (CI-1); and
WHEREAS, the Comprehensive Plan designates this area as an entryway to the city where
aesthetic considerations are important; and
WHEREAS, the Comprehensive Plan indicates that the area may be appropriate for Intensive
Commercial development provided that any developments are designed to be an attractive
entryway to the City; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding landscaping, buffering, and building and site design standards, the
requested CI-1 zoning will be in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2009) provides that the 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, ILJ Investments, Inc., Davis and Applicant acknowledge that certain conditions and
restrictions are reasonable to ensure the development of the property is consistent with the
Comprehensive Plan; and
WHEREAS, ILJ Investments, Inc., Davis and Applicant agree to develop this property in
accordance with the terms and conditions of this Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. ILJ Investments, Inc. is the legal title holder of Lots 2 and 3, ;Davis is the legal title
holder of Lots 4-8 and Outlot B; and Dealer Properties IC LLC, is the legal title holder of
Lot 1, all in the JJR Davis Addition, Iowa City, Johnson County, Iowa, in accordance with
the plat thereof Recorded in Plat Book 47, at Page 165, in the records of the Johnson
County Recorder's Office.
2. The following "subject property" is now zoned Intensive Commercial (CI-1), subject to
the conditions stated herein:
ppdadm/agt/cza finalclean.doc
LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND OUTLOT "B" OF JJR DAVIS ADDITION, IOWA
CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT
THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 165, IN THE RECORDS
OF THE JOHNSON COUNTY RECORDER'S OFFICE,
EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS:
BEGINNING AT THE NORTHWEST CORNER OF OUTLOT "A" OF SAID JJR
DAVIS ADDITION; THENCE N11°39'22"W, ALONG THE WEST LINE OF SAID
JJR DAVIS ADDITION, 150.51 FEET; THENCE S74°45'31"E, 38.08 FEET;
THENCE N64°08'29"E, 32.48 FEET; THENCE S86°19'59"E, 87.40 FEET;
THENCE S40°09'06"E, 44.90 FEET; THENCE N84°34'11"E, 128.33 FEET;
THENCE S68°12'39"E, 36.91 FEET; THENCE S25°28'38"E, 53.26 FEET;
THENCE S65°27'42"E, 189.91 FEET; THENCE S01 °54'37"E, 57.76 FEET;
THENCE S80°50'36"E, 88.06 FEET; THENCE S63°24'54"E, 76.31 FEET, TO A
POINT ON THE SOUTH LINE OF SAID JJR DAVIS ADDITION; THENCE
S89°58'36"W, ALONG SAID SOUTH LINE, 237.63 FEET, TO ITS
INTERSECTION WITH THE EAST LINE OF OUTLOT "A" OF SAID JJR DAVIS
ADDITION; THENCE N12°32'55"W, ALONG SAID EAST LINE, 89.37 FEET;
THENCE N56°41'28"W, ALONG THE NORTHEASTERLY LINE OF SAID
OUTLOT "A", 174.59 FEET; THENCE S77°07'17W, ALONG THE NORTH LINE
OF SAID OUTLOT "A", 270.39 FEET, TO SAID POINT OF BEGINNING,
SAID RESULTANT TRACT OF LAND CONTAINS 24.35 ACRES, AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS AND RECORD.
3. ILJ Investments, Inc., Davis and Applicant acknowledge that the City wishes to ensure
conformance with the principles of the Comprehensive Plan and South Central District
Plan. Further, the parties acknowledge that 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 the existing regulations, in order to satisfy public needs caused
by the requested change.
4. In consideration of the City's rezoning the subject property, ILJ Investments, Inc., Davis
and Applicant agree that development of the subject property will conform to all other
requirements of the zoning chapter, as well as the following conditions:
A. Prior to development of each lot legally described above a landscape plan that
provides for the landscaping of parking areas and display areas shall be approved by the
Director of Planning and Community Development.
B. Prior to construction of any building within the land hereby rezoned, building
elevations shall be approved by the Director of Planning and Community Development.
C. A 20-foot wide buffer landscaped to the S3 standard, as defined by the Iowa City
Zoning Code, and including a mix of evergreen and deciduous trees planted to the
specifications of the City Forester, shall be installed and maintained along the western
and southern edge of the development that is visible from Highway 218 and the
residential properties to the south.
D. Loading docks and receiving areas, garbage dumpsters, outdoor storage areas,
ppdadm/agUcza final-dean.doc 2
mechanical equipment and other service areas and functions typically associated with
the rear of buildings shall not be located in front of or along any building wall facing
Mormon Trek Boulevard or Highway 1. When located elsewhere on a lot and visible from
Mormon Trek Boulevard, Highway 1 or Highway 218, these items shall be screened from
view with landscaping or a combination of fencing and landscaping to the S3 standard.
E. Landscaping that meets the S2 standard and that shall include ornamental trees shall
be planted adjacent to Highway 1 and Mormon Trek Boulevard.
F. All building elevations visible from Mormon Trek Boulevard, Highway 1 and Highway
218 shall consist of quality building materials, such as brick, masonry, stone, textured
concrete masonry units, display windows, architectural metals or other materials used
for decorative treatment. Architectural metals may include aluminum, stainless steel,
copper or enamel panels with concealed fasteners and other similar exterior treatments
but does not include corrugated metal siding. Alternative buildings materials may be
substituted if the Director of Planning and Community Development determines that the
use of such other materials satisfies the intent of this agreement. Rooftop mechanical
equipment shall be screened if visible from Highway 218 or Mormon Trek Boulevard.
5. The ILJ Investments, Inc., Davis, Applicant, and 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 caused by the
requested zoning change.
6. ILJ Investments, Inc., Davis, Applicant, and City acknowledge that in the event the
subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will
conform to the terms of this Conditional Zoning Agreement.
7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
8. ILJ Investments, Inc., Davis, and The Owner and Applicant acknowledge that nothing in
this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant
from complying with all other applicable local, state, and federal regulations.
9. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
ppdadMagVcza final-clean.doc 3
Dated this day of
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
20
ILJ Investments, Inc.
gy. ~ ~res•~~s~+~
title
By:
,~! ,title
Dealer Pr ieswl~
~~
By:
title
Ap roved by:
By:
City Attorney's Office
(sj ~~ lv
Davis
Jax
i~
~~
Robert A. Davis
~~-- ~~
Patti Davis, Spouse
J e R. Davis
GV`~,~
Barbara Davis, Spouse
,title
ppdadm/agt/cza final.doc `-
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of A.D. 20 ,before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared 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 said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that 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:
ppdadm/agUcza final.doc C
ILJ INVESTMENTS, INC. ACKNOWLEDGEMENTS:
STATE OF IOWA )
J~+c.S~~ COUNTY j ss:
This instrument was acknowledged before me on thi ~ day of y~L ~! ~; ' 2010, by
~_~..,.~~ ~- ~~si~~~~.~/" (name) as ~r~~`~P'~ (title) of ILJ
investments, Inc.
o,~'"~s KRiST1NE I. KAALBERG N tary Public in and for the State of Iowa
~. Commission Number 707597
Ny Com fission Expires
ow
STATE OF IOWA )
ss:
JOHNSON COUNTY )
My commission expires: //~~~
This instrument was acknowledged before me on this day of , 2010, by
(name) as (title) of ILJ
Investments, Inc.
This instrument was acknowledged before me on this /S day of ~/ui't.¢ , 2010, by
(name) as (title) of Dealer
DEALER PROPERTIES IC, L.L.C. ACKNOWLEDGEMENTS:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
Properties IC, LLC.
~ CARO HUGGINS
CanmhWon Number 733643
MarcOomhm~o Z~res
STATE OF IOWA )
ss:
JOHNSON COUNTY )
Notary Public in and for the State of Iowa
My commission expires:
n /1 ~. 5 /~
Notary Public in and for the ate of Iowa
My commission expires: .3 - -2 S - ! !
day of , 2010, by
(title) of Dealer
This instrument was acknowledged before me on this
(name) as
Properties IC, LLC.
Notary Public in and for the State of Iowa
My commission expires:
ppdadmlagt/cza final.doc 6
DAVIS ACKNOWLEDGEMENTS:
STATE OF Lo1or~a o )
ss:
Qo~~a« couNTY )
This instrument was acknowledged before me on this 11~'`' day of ~urt~ , 2010, by Jan Ellen
Smith and Eric Smith, wife and husband.
Notary P lic in and forth tate ofbw~er 0' c)
My commission expires: /a ~ 7 ~ ~o
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on this ~G' day of .l Y~~t , 2010, by Robert A.
Davis and Patti Davis, husband and wife.
TODi~ lii~ tiii.iitiiE~l 1 /~~~'' ~ ~ ```-
c~ar~n i~~~rt':u 799yj i
~y~+'~~'~~~~'~ Nota Public in and for the State of Iowa
•~• N04w~b@~ 13, 20~ 1 ~ ry
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on this ~.f~ day of S~ ~t , 2010, by James R.
Davis and Barbara Davis, husband and wife.
Notary Public in and for the State of Iowa
My commission expires: p $~,~~ ~~~~~
~ . ___
,~~ y COUl~ iiGRICMT
fr ~Commission Numl~~r ~42f05
I• ow' MYD a'/.2~.'L/2 ~2ires
ppdadm/agtlcza final.doc 7
06-15-10
4a
Prepared by: Jacob Rosenberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5231 (REZ09-00011)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 24.35 ACRES L CATED WEST OF MORMON TREK
BOULEVARD, SOUTH OF HIGHWAY 1, AND ADJACENT TO ITY VIEW DRIVE FROM HIGHWAY
COMMERCIAL (CH-1) TO 1 TENSIVE COMMERCIAL (CI-1 ). (REZ1 -00008)
WHEREAS, the applica t, Dealer Properties IC, LLC, has request d a rezoning of property located west
of Mormon Trek Blvd, south Highway 1, and adjacent to City View Drive from Highway Commercial (CI-
1) to Intensive Commercial (CI- ); and
WHEREAS, the Comprehen ive Plan indicates that the area i appropriate for intensive commercial
development; and
WHEREAS, the Comprehensiv Plan designates this area a an entryway to the City where aesthetic
considerations are important; and
WHEREAS, the Comprehensive Ian indicates that the area may be appropriate for Intensive
Commercial development provided that ny developments ar designed to be an attractive entryway to
the City; and
WHEREAS, the Planning and Zoning mmission has etermined that, with appropriate conditions
regarding landscaping, buffering, and building nd site desi standards, the requested CI-1 zoning will be
in conformance with the Comprehensive Plan; d
WHEREAS, Iowa Code §414.5 (2009) pro 'des tha the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning re uest, ver and above existing regulations, in order to
satisfy public needs caused by the requested Chan ; a d
WHEREAS, the owner and applicant have agree hat the property shall be developed in accordance
with the terms and conditions of the Conditional Zoni Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY T E ITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditi al Zoni Agreement attached hereto and incorporated
herein, property described below is hereby recta sified fro its current zoning designation of Highway
Commercial to Intensive Commercial:
Commencing at the East Quarter co er of Section 20, ownship 79 North, Range 6
West, of the Fifth Principal Meridian; Thence S89°58'36" along the North line of the
Southeast Quarter of said Section 2 , a distance of 1008.43 eat, to its intersection with
the Westerly Right-of-Way of Mor on Trek Boulevard, an the Northeast corner of
Auditor's Parcel 2003108, in accor ance with the Plat thereof ecorded in Book 46, at
page 202 of the records of the Jo son County Recorder's Offi ,which is the Point of
Beginning; Thence Southeasterly, long said Westerly Right-of-W line and the Easterly
line of said Auditor's Parcel 20031 8, a distance of 24.28 feet, alon a 450.00 foot radius
curve, concave Southwesterly, hose 24.28 foot chord bears S 7°53'32"E; Thence
Southeasterly, along said Wester yRight-of-Way line, 1575.96 feet, alo g an 1850.00 foot
radius curve, concave Northeas rly, whose 1528.74 foot chord bears 40°45'03"E, to its
intersection with the East line of the said Southeast Quarter of Se ion 20; Thence
S00°08'54"W, along said East ine, 43.34 feet, to its intersection with the outh line of the
North 18.56 chains of the Northeast Quarter of the Southeast Q arter; Thence
S89°58'36"W, along said S th line and the South line of the North 18. 6 chains of the
Northwest Quarter of the outheast Quarter, 719.47 feet; Thence N63°24'54"W, 76.31
feet; Thence N80°50'36"W, 88.06 feet; Thence N01 °54'37"W, 57.76 feet; Thence
N65°27'42"W, 189.91 feet; Thence N25°28'38"W, 53.26 feet; Thence N68°12'39"W,
36.91 feet; Thence S84°34'11"W, 128.33 feet; Thence N40°09'06"W, 44.90 feet; Thence
N86°19'59"W, 87.40 feet; Thence S64°08'29"W, 32.48 feet; Thence N74°45'31 "W, 38.08
feet, to its intersection with the Easterly Right-of-Way of Iowa Primary Road 518 (also
Ordinance No.
Page 2
known as Iowa Primary Road 218); Thence N11 °39'22"W, along said Easterly Right-of-
Wayline, 97.79 feet; Thence N41°27'40"W, along said Easterly Right-of-Way line, 157.58
°
feet; Thence N11 27 40 W, along said Easterly Right-of-Way line, and the Westerly line
of said Auditor's Parcel 2003108, a distance of 556.10 feet, to its intersection with the
Southeasterly Right-of-Way of Iowa Highway No. 1; Thence N34°54'32"E, along said
Southeasterly Right-of-Way line, and the Northwesterly line of said Auditor's Parcel
2003108, a distance f 245.30 feet, to the Northwest corner thereof; Thence
N40°02'41"E, along said Southeasterly Right-of-Way line of Iowa Highway No. 1, a
distance of 181.03 feet; Th ce N31 °21'09"E, along said Southeasterly Right-of-Way line,
140.66 feet; Thence N47°08' "E, along said Southeasterly Ri ht-of-Way line, 54.15 feet,
to its intersection with the uthwesterly Right-of-Way of ormon Trek Boulevard;
Thence S49°45'28"E, along sae Southwesterly Right-of-Way line, 209.96 feet; Thence
S02°33'29"W, along said South sterly Right-of-Way line, .66 feet, to its intersection
with the Northwest corner of Audito 's Parcel 2003107, in acc rdance with the Plat thereof
recorded in Book 46, at Page 203, of the records of the Johnson County Recorder's
Office; Thence Southeasterly, along the Northeasterly ne of said Auditor's Parcel
2003107 and the said Southwesterly fight- of-Way of ormon Trek Boulevard, 75.58
feet, along a 940.00 foot radius curve, ncave Southw sterly, whose 75.56 foot chord
bears S45°52'07"E; Thence S20°27'03"E, long said No heasterly line of Auditor's Parcel
2003107 and the said Southwesterly Right- f-Way line 31.29 feet; Thence S33°39'47"E,
along the said Northeasterly line of Auditor's arcel 2 03107 and the said Southwesterly
Right-of-Way line, 88.67 feet, to its interse ion w' h the North line of the Southeast
Quarter of said Section 20 and the North line f s d Auditor's Parcel 2003108; Thence
N89°58'36"E, along said North line of Auditor's P r el 2003108, a distance of 0.39 feet, to
the Point of Beginning, containing 24.35 acres, a subject to easements and restrictions
of record.
SECTION II. ZONING MAP. The building official
map of the City of Iowa City, Iowa, to conform to
publication of the ordinance as approved by law._ _1
sign, and the City Clerk attest, the Conditional
City, following passage and approval of this Ordi
SECTION IV. CERTIFICATION AND REC(
City Clerk is hereby authorized and directed t
Office of the County Recorder, Johnson Co
approval and publication of this ordinance, as r~
SECTION V. REPEALER. All ordinanc
Ordinance are hereby repealed.
hereby au orized and directed to change the zoning
amendme t upon the final passage, approval and
JIENT. The maydr is hereby authorized and directed to
ng Agreement be een the property owner(s) and the
RDING. Upon passage
certify a copy of this order
ty, Iowa, at the Owner's
~vided bylaw.
nd parts of ordinances in
approval of the Ordinance, the
;e, and record the same in the
ense, upon the final passage,
with the provisions of this
SECTION VI. SEVERABILITY. If any s ction, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudicate n shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adju ed 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 d y of , 20
MAYOR
ATTEST:
CITY CLERK
Prepared by: Jacob Rosenberg PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ10-00008)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"); ILJ Investments, Inc. (formerly Sneblen Farms, Inc.), James R. Davis,
Robert A. Davis and Jan Ellen Smith (hereinafter collectively "Davis"); and Dealer Properties IC,
LLC (hereinafter "Applicant");
WHEREAS, ILJ Investments, Inc., Davis' and Applicant are the legal title holder of
approximately 24.35 acres of property located west of Mormon Trek Boulevard, south of
Highway 1 and east of Highway 218; and
WHEREAS, the Applicant, with ILJ Investments, Inc.'s, and Davis' consents, has requested the
rezoning of said property from F~ighway Commercial (CH-1) to Intensive Commercial (CI-1 ); and
WHEREAS, the Com rehensive Ian desi Hates this ar a as an entryway to the city where
p g
aesthetic considerations are import nt; and
WHEREAS, the Comprehensive Plan 'ndicates that th area may be appropriate for Intensive
Commercial development provided th any develop ents are designed to be an attractive
entryway to the City; and
WHEREAS, the Planning and Zoning C mis 'on has determined that, with appropriate
conditions regarding landscaping, bufferin a d building and site design standards, the
requested CI-1 zoning will be in conformance 't the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2009) provide t t the City may impose reasonable conditions
on granting an applicant's rezoning request ove and above existing regulations, in order to
satisfy public needs caused by the requeste Chang ;and
WHEREAS, ILJ Investments, Inc., Davis a d Applican acknowledge that certain conditions and
restrictions are reasonable to ensure th developmen of the property is consistent with the
Comprehensive Plan; and
WHEREAS, ILJ Investments, Inc., ~avis and Applicant ~ ree to develop this property in
accordance with the terms and condi ons of this Conditional oning Agreement.
NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties
agree as follows: /
1. ILJ Investments, Inc., Her of JJR Davis Addition Lots 2 and 3, Davis, owner of JJR
Davis Addition Lots 4- and Outlot B, and Dealer Properties C LLC, owner of JJR Davis
Addition Lot 1, are th legal title holders of the property legal) described as follows:
Commencing at the East Quarter corner of Section 20, Township 79 orth, Range 6 West, of the
Fifth Principal Meridian; Thence S89°58'36"W, along the North line o the Southeast Quarter of
said Section 20, a distance of 1008.43 feet, to its intersection with the Westerly Right-of-Way of
Mormon Trek Boulevard, and the Northeast corner of Auditor's Parcel 2003108, in accordance
with the Plat thereof recorded in Book 46, at page 202 of the records of the Johnson County
Recorder's Office, which is the Point of Beginning; Thence Southeasterly, along said Westerly
Right-of-Way line and the Easterly line of said Auditor's Parcel 2003108, a distance of 24.28 feet,
ppdadmlagUcza final
along a 450.00 foot radius curve, concave Southwesterly, whose 24.28 foot chord bears
S17°53'32"E; Thence Southeasterly, along said Westerly Right-of-Way line, 1575.96 feet, along
an 1850.00 foot radius curve, concave Northeasterly, whose 1528.74 foot chord bears
S40°45'03"E, to its intersection with the East line of the said Southeast Quarter of Section 20;
Thence S00°08'54"W, along said East line, 43.34 feet, to its intersection with the South line of the
North 18.56 chains of the Northeast Quarter of the Southeast Quarter; Thence S89°58'36"W,
along said South line and the South line of the North 18.56 chains of the Northwest Quarter of the
Southeast Quarter, 719.47 feet; Thence N63°24'54"W, 76.31 feet; Thence N80°50'36"W, 88.06
feet; Thence N01 °54'37"W, 57.76 feet; Thence N65°27'42"W, 189.91 feet; Thence N25°28'38"W,
53.26 feet; Thence N68°12'39"W, 36.91 feet; Thenc S84°34'11"W, 128.33 feet; Thence
N40°09'06"W, 44.90 feet; Thence N86°19'59"W, 87.40 f et; Thence S64°08'29"W, 32.48 feet;
Thence N74°45'31"W, 3 .08 feet, to its intersection wi h the Easterly Right-of-Way of Iowa
Primary Road 518 (also own as Iowa Primary Road 18); Thence N11 °39'22"W, along said
Easterly Right-of-Way line, 97.79 feet; Thence N41 °27' 0"W, along said Easterly Right-of-Way
line, 157.58 feet; Thence N 1 °27'40"W, along said Eas erly Right-of-Way line, and the Westerly
line of said Auditor's Parcel 2003108, a distance of 556.10 feet, to its intersection with the
Southeasterly Right-of-Way f Iowa Highway N 1; Thence N34°54'32"E, along said
Southeasterly Right-of-Way lin and the Northwest ly line of said Auditor's Parcel 2003108, a
distance of 245.30 feet, to th Northwest corner thereof; Thence N40°02'41 "E, along said
Southeasterly Right-of-Way line f Iowa Highwa No. 1, a distance of 181.03 feet; Thence
N31 °21'09"E, along said Southea terly Right-of ay line, 140.66 feet; Thence N47°08'12"E,
along said Southeasterly Right-of- y line, 54.1 feet, to its intersection with the Southwesterly
Right-of-Way of Mormon Trek Boule rd; Then a S49°45'28"E, along said Southwesterly Right-
of-Way line, 209.96 feet; Thence S02° 3'29"W along said Southwesterly Right-of-Way line, 3.66
feet, to its intersection with the Northwe t cor er of Auditor's Parcel 2003107, in accordance with
the Plat thereof recorded in Book 46, t age 203, of the records of the Johnson County
Recorder's Office; Thence Southeasterly, ong the Northeasterly line of said Auditor's Parcel
2003107 and the said Southwesterly Right of-Way of Mormon Trek Boulevard, 75.58 feet, along
a 940.00 foot radius curve, concave Sout sterly, whose 75.56 foot chord bears S45°52'07"E;
Thence S20°27'03"E, along said North st ly line of Auditor's Parcel 2003107 and the said
Southwesterly Right-of-Way line, 31.29 eet; hence S33°39'47"E, along the said Northeasterly
line of Auditor's Parcel 2003107 and t said outhwesterly Right-of-Way line, 88.67 feet, to its
intersection with the North line of the outheast uarter of said Section 20 and the North line of
said Auditor's Parcel 2003108; The e N89°58' 6"E, along said North line of Auditor's Parcel
2003108, a distance of 0.39 feet, to a Point of B inning, containing 24.35 acres, and subject to
easements and restrictions of recor .
2. ILJ Investments, Inc., Davis nd Applicant ackno ledge that the City wishes to ensure
conformance with the prin ' les of the Comprehe sive Plan and South Central District
Plan. Further, the parties cknowledge that Iowa de §414.5 (2009) provides that the
City of Iowa City may im ose reasonable conditions on granting an applicant's rezoning
request, over and abov the existing regulations, in o der to satisfy public needs caused
by the requested chap e.
3. In consideration of t e City's rezoning the subject prop y, ILJ Investments, Inc., Davis
and Applicant agr that development of the subject pr perty will conform to all other
requirements of the zoning chapter, as well as the followin conditions:
A. Prior to development of each lot legally described at~pve a landscape plan that
provides for the landscaping of parking areas and display areas shall be approved by the
Director of Planning and Community Development.
ppdadm/agUcza final 2
B. Prior to construction of any building within the land hereby rezoned, building
elevations shall be approved by the Director of Planning and Community Development.
C. A 20-foot wide buffer landscaped to the S3 tandard, as defined by the Iowa City
Zoning Code, and including a mix of evergreen nd deciduous trees planted to the
specifications of the City Forester, shall be installe and maintained along the western
and southern edge of the development that is isible from Highway 218 and the
residential properties to the south.
D. Loading docks a d receiving areas, garbs
mechanical equipmen and other service areas
the rear of buildings s II not be located in frc
Mormon Trek Boulevard r Highway 1. When loc
Mormon Trek Boulevard, 'ghway 1 or Highway
view with landscaping or a mbination of fenci
dumpsters, outdoor storage areas,
nd functions typically associated with
it of or along any building wall facing
ted elsewhere on a lot and visible from
18, these items shall be screened from
and landscaping to the S3 standard.
E. Landscaping that meets th~S2 standard af~d that shall include ornamental trees shall
be planted adjacent to Highwa 1 and Morm n Trek Boulevard.
F. All building elevations visible om Mor on Trek Boulevard, Highway 1 and Highway
218 shall consist of quality buildi mate ials, such as brick, masonry, stone, textured
concrete masonry units, display wi dow ,architectural metals or other materials used
for decorative treatment. Architectu I etals may include aluminum, stainless steel,
copper or enamel panels with concea a fasteners and other similar exterior treatments
but does not include corrugated met siding. Alternative buildings materials may be
substituted if the Director of Planning d Community Development determines that the
use of such other materials satisfies a intent of this agreement. Rooftop mechanical
equipment shall be screened if visibl fro Highway 218 or Mormon Trek Boulevard.
4. The ILJ Investments, Inc., Davis, pplican and City acknowledge that the conditions
contained herein are reasonable onditions to impose on the land under Iowa Code
§414.5 (2009), and that said co itions sati fy public needs that are caused by the
requested zoning change.
5. ILJ Investments, Inc., Davis, A plicant, and Ci acknowledge that in the event the
subject property is transferred, old, redeveloped, or subdivided, all redevelopment will
conform to the terms of this Co ditional Zoning Agr ement.
6. The parties acknowledge tha this Conditional Zonin Agreement shall be deemed to be
a covenant running with the and and with title to the nd, and shall remain in full force
and effect as a covenant ith title to the land, unless r until released of record by the
City of Iowa City.
The parties further ack owledge that this agreement shall ure to the benefit of and bind
all successors, repre ntatives, and assigns of the parties.
7. ILJ Investments, Inc., Davis, and The Owner and Applicant cknowledge that nothing in
this Conditional Zoning Agreement shall be construed to reli ve the Owner or Applicant
from complying with all other applicable local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
ppdadm/agUcza final 3
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of ~ 20
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
ILJ Investments, Inc.
By:
title
By:
title
Deale Properties IC, LLC
By:
title
Approved by:
City Attorney's Office
Davis
Jan Ellen Smith
Eric Smith, Spouse
Robert A. Davis
Patti Davis, Spouse
James R. Davis
Barbara Davis, Spouse
title
ppdadm/agt/cza f nal 4
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of +
undersigned, a notary public in and for the State of Iowa, per
and Marian K. Karr, to me personally known, who being by n
the Mayor and City Clerk, espectively, of said municipal c~
foregoing instrument; that th seal affixed thereto is the sea
said instrument was signed an sealed on behalf of said mu
City Council; and that the said ayor and City Clerk as ~
execution of said instrument to b the voluntary act .and d
them voluntarily executed.
A.D. 20 ,before me, the
onally appeared Matthew J. Hayek
e duly sworn, did say that they are
rporation executing the within and
of said municipal corporation; that
icipal corporation by authority of its
ch officers acknowledged that the
d of said corporation, by it and by
Notary Publjc in and for the State of Iowa
My commj'ssion expires:
ppdadm/agUcza final `5
ILJ INVESTMENTS, INC. ACKNOWLEDGEMENTS:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on this day of , 2010, by
(name) as (title) of ILJ
Investments, Inc.
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was ackno~
Investments, Inc.
No ary Public in and for the State of Iowa
My ommission expires:
before m~ on this
(name) s
day of , 2010, by
(title) of ILJ
Notary Public in and for the State of Iowa
My commission expires:
DEALER PROPERTIE , L.L.C. ACKNOWLEDGEMENTS:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledge before me on
(name) as _
Properties IC, LLC.
day of , 2010, by
(title) of Dealer
STATE OF IOWA )
JOHNSON COUNTY )
This instrument was
Properties IC, LLC.
Notary Public I and for the State of Iowa
My commission a fires:
before me on this day of , 2010, by
(name) as (title) of Dealer
Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agUcza final 6
DAVIS ACKNOWLEDGEMENTS:
STATE OF
ss:
COUNTY )
This instrument was acknowledged before me on this day of , 2010, by Jan Ellen
Smith and Eric Smith, wile and husband.
Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
)s
JOHNSON COUNTY )
This instrument was acknowle ged before eon this day of , 2010, by Robert A.
Davis and Patti Davis, husband and ife.
Notary Public in and for the State of Iowa
STATE OF IOWA
ss:
JOHNSON COUNTY )
This instrument was acknowledged
Davis and Barbara Davis, husband and y
e on this day of , 2010, by James R.
Public in and for the State of Iowa
My coml~nission expires:
ppdadm/agUcza final 7
STAFF REPORT
To: Planning & Zoning Commission
Item: REZ10-00008
GENERAL INFORMATION
Applicant:
Prepared by: Jake Rosenberg, Planning Intern
Date: May 20, 2009
Dealer Properties IC, LLC
3401 West 41St Street
Sioux Falls, SD 57106
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
David Larsen
277 Hickory St.
Kalona, IA 52247
(319) 656-5271
Rezoning from CH-1 to CI-1
To allow use as an auto dealership and
collision repair facility
Mormon Trek Boulevard and City View
Drive
22.38 acres
Auto dealership and undeveloped
(CH1), undeveloped residential (ID-RS)
North: Commercial and Airport -
CI1 and P1
South: Residential and
Undeveloped -County Ag
Rural Residential (R)
East: Office and undeveloped -
C01 and C11
West: Highway 218
Intensive Commercial (C11) or Highway
Commercial (CH1)
April 23, 2010
45 Day Limitation Period: June 7, 2010
BACKGROUND INFORMATION:
The applicant, Dealer Properties IC, LLC, requests that the subject property located west
of Mormon Trek Boulevard at City View Drive be rezoned from Highway Commercial
(CH1) to Intensive Commercial (C11) in order for the property to be used as a car
dealership and collision repair facility. Lot 1 of the subject property is developed as a car
dealership, Billion Honda. The applicant has indicated that they may also resubdivide
the property in the future.
The property was annexed into Iowa City in 2003 to support the City's goal of enabling
future development of new areas for commercial use adjacent to the airport along the
Mormon Trek Boulevard extension. At that time, the property was zoned Highway
Commercial (CH1) to permit development of service uses relating to expressways or
other major arterial thoroughfares including food, lodging, motor vehicle service and fuel.
At the time, auto sales were allowed in the CH1 zone. The zoning code adopted in 2005
limited retail uses in the CH1 zone to those necessary to serve highway traffic, making
the existing auto dealership on Lot 1non-conforming.
A Wetland Mitigation Plan and Compensatory Mitigation Plan were required prior to
subdivision of the subject property. The plans were approved by the US Army Corp of
Engineers and the proposed wetland buffer averaging and reductions are seen in the
Final Plat of JJR Davis Addition. Given the extent of surface paving required for an
outdoor storage/display lot, the adequacy of existing storm water facilities needs to be
verified.
The applicant plans to use the "Good Neighbor Policy.
ANALYSIS:
Current Zoning:
The purpose of the Highway Commercial Zone (CH1) is to permit the development of
service uses relating to expressways or along arterial roadways. At certain access
points food, lodging, motor vehicle service and fuel can be made conveniently available
to the thoroughfare user. The original zoning of the subject property was based on the
appropriateness of encouraging the development of highway related uses near the
interchange and the possibility of hotels and motels developing in the area.
Requested Zoning:
The purpose of the Intensive Commercial Zone (CI-1) is to provide areas for those
sales and service functions and business whose operations are typically characterized
by outdoor display and storage of merchandise, by repair and sales of large equipment
or motor vehicles, by outdoor commercial amusement and recreational activities or by
activities or operations that are conducted in building or structures not completely
enclosed. The types of retail trade in this zone are limited in order to provide
opportunities for more land intensive commercial operations and also to prevent conflicts
between retail and industrial truck traffic. Special attention must be directed toward
buffering negative aspects of allowed uses from adjacent residential zones.
Compliance with Comprehensive Plan:
Provided that concerns about the entranceway to the city are addressed, the
Comprehensive Plan supports either highway commercial or intensive commercial
development for the subject property. Both CH1 and C11 are appropriate for the South
Central District's future land use scenario. The Comprehensive Plan identifies the
subject property and other properties in the vicinity of Highway 1 and Highway 218 as
suitable for large lot commercial uses with extensive outdoor storage needs. However
because this area serves as an entranceway to the city, the Comprehensive Plan
stresses the importance of aesthetics as these intensive commercial properties develop
and redevelop.
This property is unique in that it is visible from three major arterials -Highway 218,
Highway 1 and Mormon Trek Boulevard. The South Central District Plan specifically
states that intensive commercial properties on such entranceways are expected to
upgrade landscaping and other design features to provide a consistent, attractive
streetscape. Staff feels it would be appropriate require a Conditional Zoning Agreement
(CZA) that includes standards to ensure the property develops in a way that conforms to
the policies of the Comprehensive Plan. Staff recommends a CZA that addresses
landscaping, screening, and building and site design (including the location of loading
docks, garbage dumpsters, outdoors storage areas and other service areas or
equipment) as a condition of approval of this rezoning.
Compatibility with neighborhood:
Provided that entrance way appearance concerns are addressed and adjacent
residential areas are adequately buffered, staff believes the CI1 zone would be
compatible with neighboring land uses. The subject property is located adjacent to
developed and undeveloped CO1 and C11 zones to the east and the Iowa City Airport to
the north. Staff has asked the airport manager to review this proposal and to identify
any concerns, such as lighting requirements, that should be address in a CZA. To the
west, the property abuts Highway 1 and Highway 218. Residential uses are located to
the south. Outlot B of the JJR Davis Addition in which this property is located, contains
a storm water management and wetland area that will provide some buffer for the
adjacent residential properties. A requirement for enhanced landscaping could further
improve the transition from intensive commercial to residential uses.
Staff believes that the benefit of the proposed rezoning lies in the clustering of similar
retailers such car dealerships. There are a number of car dealerships in the area
because the general location offers high visibility, large parcels of land, and access to
Highway 218 and Highway 1. Economically, the clustering of various car dealerships
lowers shopping costs for consumers and increases sales relative to sales at separate
locations.
STAFF RECOMMENDATION:
Staff recommends that REZ10-00008, an application to rezone 22.38 acres of land located
at Mormon Trek Boulevard and City View Drive, be approved subject to a Conditional
Zoning Agreement that addresses the following:
1. Landscaping requirements for frontages on the Mormon Trek Boulevard, Highway
218 and Highway 1.
2. Building and site design standards that address the appearance of the
development and the location and screening of loading docks, garbage
dumpsters, outdoors storage areas and other service areas or equipment.
3. Restrictions on lighting (if any) deemed necessary by the Airport Manager.
4. The provision of adequate buffer from the residential properties located to the
south.
Attachments:
1. Location map
2. Aerial photograph
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community
Development
S;PCD/Staff Reports/REZ06-00021 CI-1 to CC-2
r
'~
Prepared by: Jacob Rosenberg, Planning Intem, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5231
(REZ09-00011)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 24.35 ACRES LOCATED WEST OF MORMON TREK
BOULEVARD, SOUTH OF HIGHWAY 1, AND ADJACENT TO CITY VIEW DRIVE FROM HIGHWAY
COMMERCIAL (CH-1) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ10-00008)
WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a re oning of property located west
of Mormon Trek Blv south of Highway 1, and adjacent to City View Drive f om Highway Commercial (CI-
1) to Intensive Comme~ial (CI-1 ); and
WHEREAS, the Co prehensive Plan indicates that the area is appr riate for intensive commercial
development; and
WHEREAS, the Compr nsive Plan designates this area as an en ay to the City where aesthetic
considerations are important; an
WHEREAS, the Comprehensi Plan indicates that the area may be appropriate for Intensive
Commercial development provided th any developments are desi ned to be an attractive entryway to
the City; and
WHEREAS, the Planning and Zoning ommission has dete mined that, with appropriate conditions
regarding landscaping, buffering, and buildin and site design st ndards, the requested CI-1 zoning will be
in conformance with the Comprehensive Plan; d
WHEREAS, Iowa Code §414.5 (2009) pro ' es that th City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning re est, ov r and above existing regulations, in order to
satisfy public needs caused by the requested Chang ~ and
WHEREAS, the owner and applicant have agree th t the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning greement attached hereto to erfe'~re appropriate
development in this area of the city. n °
NOW, THEREFORE, BE IT ORDAINED BY T CI COUNCIL OF THfd'fiY (~ IOV1~i4i~ITY,
IOWA: `y °`` :~~ `.~
SECTION I APPROVAL. Subject to the Conditi al Zoning reement attached~r~to q'11~1 incgrp ro ated
herein, property described below is hereby recl ssified from it current zoning 'd'~'ignation of way
Commercial to Intensive Commercial: ~'~~
C;.~:: ~
L GAL DESCRIPTION
Commencing at the East Quarter corner of Section 20, Town ip 79 North, Range 6
West, of the Fifth Principal Meri ian; Thence S89°58'36"W, alon the North line of the
Southeast Quarter of said Secti n 20, a distance of 1008.43 feet, t its intersection with
the Westerly Right-of-Way of Mormon Trek Boulevard, and the rtheast corner of
Auditor's Parcel 2003108, in ccordance with the Plat thereof record in Book 46, at
page 202 of the records of a Johnson County Recorder's Office, whic is the Point of
Beginning; Thence Southe terly, along said Westerly Right-of-Way line a the Easterly
line of said Auditor's Parc 2003108, a distance of 24.28 feet, along a 450. foot radius
curve, concave Southw terly, whose 24.28 foot chord bears S17°53'32 ;Thence
Southeasterly, along sai Westerly Right-of-Way line, 1575.96 feet, along an 18 0.00 foot
radius curve, concave ortheasterly, whose 1528.74 foot chord bears S40°45'03 , to its
intersection with the ;fast line of the said Southeast Quarter of Section 20; hence
S00°08'54"W, afon~%said East line, 43.34 feet, to its intersection with the South line. f the
North 18.56 cha' s of the Northeast Quarter of the Southeast Quarter; Thence
S89°58'36"W, al ng said South line and the South line of the North 18.56 chains of the
Northwest Quart r of the Southeast Quarter, 719.47 feet; Thence N63°24'54"W, 76.31
feet; Thence N80°50'36"W, 88.06 feet; Thence N01 °54'37"W, 57.76 feet; Thence
N65°27'42"W, 189.91 feet; Thence N25°28'38"W, 53.26 feet; Thence N68°12'39"W,
Ordinance No.
Page 2
° ~ ~~
36.91 feet; Thence S84 3411 W, 128.33 feet; Thence N40°09'06"W, 44.90 feet; Thence
N86°19'59"W, 87.40 feet; Thence S64 0829 W, 32.48 feet; Thence N74°45'31"W, 38.08
feet, to its intersection with the Easterly Right-of-Way of Iowa Primary Road 518 (also
° ,~
known as Iowa Primary Road 218); Thence N11 39 22 W, along said Easterly Right-of-
Wayline, 97.79 feet; Thence N41 °27'40"W, along said Easterly Right-of-Way line, 157.58
feet; Thence N11 2740 W, along said Easterly Right-of-Way line, and the Westerly line
of said Auditor's Parcel 2003108, a distance of 556.10 feet, to its intersection with the
Southeasterly Right-of-Way of Iowa Highway No. 1; Thenc N34°54'32"E, along said
Southeasterly Right-of-Way line, and the Northwesterly lin of said Auditor's Parcel
2003108, a distance of 245.30 feet, to the Northwe corner thereof; Thence
N40°02'41"E, along said Southeasterly Right-of-Way line of Iowa Highway No. 1, a
distance of 181.03 feet; Thence N31 °21'09"E, along said S utheasterly Right-of-Way line,
140.66 feet; Thence N47°08'12"E, along said Southeaster Right-of-Way line, 54.15 feet,
to its intersection with the Southwesterly Right-of-W of Mormon Trek Boulevard;
Thence S49°5'28"E, along said Southwesterly Right- -Way line, 209.96 feet; Thence
S02°33'29"W, long said Southwesterly Right-of-Way line, 3.66 feet, to its intersection
with the Northwest corner of Auditor's Parcel 2003107 in accordance with the Plat thereof
recorded in Book ~46, at Page 203, of the record of the Johnson County Recorder's
Office; Thence Souf asterly, along the Northe sterly line of said Auditor's Parcel
2003107 and the said outhwesterly Right- of- ay of Mormon Trek Boulevard, 75.58
feet, along a 940.00 foot dius curve, concave outhwesterly, whose 75.56 foot chord
bears S45°52'07"E; Thence 20°27'03"E, along aid Northeasterly line of Auditor's Parcel
2003107 and the said South sterly Right-of- ay line, 31.29 feet; Thence S33°39'47"E,
along the said Northeasterly lin of Auditor's arcel 2003107 and the said Southwesterly
Right-of-Way line, 88.67 feet, t its inters ction with the North line of the Southeast
Quarter of said Section 20 and th North I' a of said Auditor's Parcel 2003108; Thence
N89°58'36"E, along said North line o udi is Parcel 2003108, a distance of 0.39 feet, to
the Point of Beginning, containing 24. Gres, and subject to easements and restrictions
of record.
SECTION II. ZONING MAP. The buildin official is reby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to con rm to this endment upon the final passage, approval and
publication of the ordinance as approved b law.
SECTION III. CONDITIONAL ZONIN AGREEMENT. a mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Con itional Zoning Agree ent between the property owner(s) and the
City, following passage and approval of is Ordinance.
SECTION IV. CERTIFICATION A D RECORDING. Upon pa sage and approval of the Ordinance, the
City Clerk is hereby authorized and ' ected to certify a copy of thi ordinance, and record the same in the
Office of the County Recorder, Joh son County, Iowa, at the Own 's expense, upon the final passage,
approval and publication of this ordi nce, as provided bylaw.
SECTION V. REPEALER. All rdinances and parts of ordinances i conflict with the provisions of this
Ordinance are hereby repealed. o
SECTION VI. SEVERABILI . If any section, provision or part of the Ordinanceshall be`:adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordirat$rrCe a~a whd't~r any
section, provision or part thereof not adjudged invalid or unconstitutional. ~ --°~ ~= .,~:~,y
SECTION VII. EFFE TIVE DATE. This Ordinance shall be in effect after it~ri21 pq~sage, jroval
and publication, as provi d by law. ~s`--=
-v ~~
Passed and approve this day of , 20 =... gam' _,,. ~,_
~. ~' .
47
~~
MAYOR
ATTEST:
CITY CLERK
Ordinance No.
Page 3
Approved by
City Attorney's Office
c__. .
~- ."~ ~~,
~.
~ ~.
~v ~~
~° ~ ti
---- ,-~w-r..
:~} - w _ ,~
_ ~
Prepared by: Jacob Rosenberg, Planning Intern, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5231
(REZ09-00011)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATEL 22..83 CRES LOCATED WEST OF MORMON TREK
BOULEVARD, SOUTH OF HIGHWAY 1, AN ACENT TO CITY VIEW DRIVE FROM HIGHWAY
COMMERCIAL (CH-1) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ10-00008)
WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a rezoning of property located west
of Mormon Trek Blvd, south of Highway 1, and adjacent to City View Drive from Highway Commercial (CI-
1) to Intensive Commercial (CI-1 ); nd
WHEREAS, the Comprehensiv Plan indicates that the area is appropriate for intensive commercial
development; and
WHEREAS, the Comprehensive P n designates this area as an ent ay to the City where aesthetic
considerations are important; and
WHEREAS, the Comprehensive Plan indicates that the area ay be appropriate for Intensive
Commercial development provided that any velopments are desig ed to be an attractive entryway to
the City; and
WHEREAS, the Planning and Zoning Comm sion has deter ned that, with appropriate conditions
regarding landscaping, buffering, and building ands design stan ards, the requested CI-1 zoning will be
in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2009) provides th t the Ci of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, o er a above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that th roperty shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agr m nt attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE C COU IL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional oning Agreemen attached hereto and incorporated
herein, property described below is hereby reclassi ' d from its current oning designation of Highway
Commercial to Intensive Commercial: ~
U
SECTION II. ZONING MAP. The building official 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 the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. 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 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 pro~ions of this
Ordinance are hereby repealed. ~ c- `°°"°'_
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance sl~' adged to ~ e
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinan~.as a Whole y
section, provision or part thereof not adjudged invalid or unconstitutional. ~"" rv
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its finakssags;, ap~br~i~al
and publication, as provided by law. ~~~ `-` '~
Passed and approved this day of , 20 --~' ~°" ~ ='
Ordinance No.
Page 2
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
N
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Prepared by: Jacob Rosenberg, PCD Intem, 410 E. Washington, Iowa City, IA 52240 (319)356-5240 (REZ10-00008)
CONDITIONo ~~NG AGREEMENT
THIS AGREEMENT is made be een the City of low City, Iowa, a municipal corporation
(hereinafter "City"); ILJ Invest ents, Inc. (formerly Sne en Farms, Inc.), James R. Davis,
Robert A. Davis and Jan Ellen mith (hereinafter collective) "Davis"); and Dealer Properties IC,
LLC (hereinafter "Applicant");
WHEREAS, ILJ Investment tnc., Davis' and Applic t are the legal title holder of
approximately 24.35 acres f property located west of ormon Trek Boulevard, south of
Highway 1 and east of Highw y 218; and
WHEREAS, the Applicant, wit ILJ Investments, Inc.'s, d Davis' consents, has requested the
rezoning of said property from ighway Commercial (C -1) to Intensive Commercial (CI-1 ); and
WHEREAS, the Comprehensiv Plan designates t s area as an entryway to the city where
aesthetic considerations are imp ant; and
WHEREAS, the Comprehensive an indicates at the area may be appropriate for Intensive
Commercial development provide that any evelopments are designed to be an attractive
entryway to the City; and
WHEREAS, the Planning and Zoni g mmission has determined that, with appropriate
conditions regarding landscaping, b ing, and building and site design standards, the
requested CI-1 zoning will be in confor nce with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (200 pr vides that the City may impose reasonable conditions
on granting an applicant's rezonin requ st, over and above existing regulations, in order to
satisfy public needs caused by the equest d change; and
WHEREAS, ILJ Investments, I ., Davis an Applicant acknowledge that certain conditions and
restrictions are reasonable t ensure the d velopment of the property is consistent with the
Comprehensive Plan; and
WHEREAS, ILJ Investm nts, Inc., Davis an Applicant agree to develop this property in
accordance with the ter and conditions of this onditional Zoning Agreement.
NOW, THEREFORE, in consideration of the m tual promises contained herein, the parties
agree as follows:
1. ILJ Invest ents, Inc. is the legal title holde of Lots 2 and 3, ;Davis is the legal title
holder of ots 4-8 and Outlot B; and Dealer P operties IC LLC, is the legal title holder of
Lot 1, all n the JJR Davis Addition, Iowa City, hnson County, Iowa, in accordance with
the pla -thereof Recorded in Plat Book 47, at ge 165, in the records of the Johnson
County Recorder's Office.
2. The following "subject property" is now zoned Intensive Commercial (CI-1 ), subject to
the conditions stated herein: \
ppdadm/agt/cza f nal-clean 1
LOT 1, 2, 3, 4, 5, 6, 7, 8 AND OUTLOT "B" OF JJR DAVIS ADDITION, IOWA
CITY,JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT
THER F RECORDED IN PLAT BOOK 47, AT PAGE 165, IN THE RECORDS
OF THE HNSON COUNTY RECORDER'S OFFICE,
EXCEPTINC~THEREFROM THAT PORTION OF LAND QESCRIBED AS:
BEGINNING A THE NORTHWEST CORNER OF UTLOT "A" OF SAID JJR
DAVIS ADDITIO ;THENCE N11 °39'22"W, ALON THE WEST LINE OF SAID
JJR DAVIS ADD ION, 150.51 FEET; THEN S74°45'31 "E, 38.08 FEET;
THENCE N64°08' "E, 32.48 FEET; THEN E S86°19'59"E, 87.40 FEET;
THENCE S40°09'06 44.90 FEET; THE E N84°34'11"E, 128.33 FEET;
THENCE S68°12'39" 36.91 FEET; TH CE S25°28'38"E, 53.26 FEET;
THENCE S65°27'42"E, 189.91 FEET; T ENCE S01 °54'37"E, 57.76 FEET;
THENCE S80°50'36"E, .06 FEET; TH CE S63°24'54"E, 76.31 FEET, TO A
POINT ON THE SOUT LINE OF S ID JJR DAVIS ADDITION; THENCE
S89°58'36"W, ALONG AID SOU H LINE, 237.63 FEET, TO ITS
INTERSECTION WITH TH EAST LI E OF OUTLOT "A" OF SAID JJR DAVIS
ADDITION; THENCE N12°3 '55"W, ALONG SAID EAST LINE, 89.37 FEET;
THENCE N56°41'28"W, AL G HE NORTHEASTERLY LINE OF SAID
OUTLOT "A", 174.59 FEET; T E S77°07'17W, ALONG THE NORTH LINE
OF SAID OUTLOT "A", 270.39 F T, TO SAID POINT OF BEGINNING,
SAID RESULTANT TRACT C~ ~ND CONTAINS 24.35 ACRES, AND IS
SUBJECT TO EASEMENTS A D R STRICTIONS AND RECORD.
3. ILJ Investments, Inc., Davis nd Appl
conformance with the princ' les of the
Plan. Further, the parties knowledge
City of Iowa City may imp se reasonably
request, over and above a existing reg
by the requested change
acknowledge that the City wishes to ensure
nprehensive Plan and South Central District
Iowa Code §414.5 (2009) provides that the
~nditions on granting an applicant's rezoning
tions, in order to satisfy public needs caused
4. In consideration of the ity's rezoning the su 'ect property, ILJ Investments, Inc., Davis
and Applicant agree t t development of the ubject property will conform to all other
requirements of the zo ing chapter, as well as t e following conditions:
A. Prior to develop ent of each lot legally de cribed above a landscape plan that
provides for the land aping of parking areas and 'splay areas shall be approved by the
Director of Planning nd Community Development.
B. Prior to constru tion of any building within the
elevations shall be a proved by the Director of Plannir
C. A 20-foot wide b ffer landscaped to the S3 stanl
Zoning Code, and i cludin reen an
specifications of the Ci y orester, shall be ins a
land hereby rezoned, building
and Community Development.
rd, as defined by the Iowa City
deciduous trees planted to the
d maintained along the western
and southern edge of the development that is visible from Highway 218 and the
residential properties to the south.
D. Loading docks and receiving areas, garbage dumpsters, outdoor storage areas,
ppdadm/agUcza final-clean 2
mechanical equipment and other service areas and functions typically associated with
th ar of buildings shall not be located in front of or along any building wall facing
Mo on Trek Boulevard or Highway 1. When located elsewhere on a lot and visible from
Morm Trek Boulevard, Highway 1 or Highway 218, these items shall be screened from
view wit landscaping or a combination of fencing and landscaping to the S3 standard.
E. Landscap g that meets the S2 standard and that shall include ornamental trees shall
be planted adj ent to Highway 1 and Mormon Trek Boulevard.
F. All building ele tions visible from Mormon Trek Boule ard, Highway 1 and Highway
218 shall consist o quality building materials, such as rick, masonry, stone, textured
concrete masonry u 'ts, display windows, architectur metals or other materials used
for decorative treatm t. Architectural metals may nclude aluminum, stainless steel,
copper or enamel pane with concealed fastener and other similar exterior treatments
but does not include co ugated metal siding. ternative buildings materials may be
substituted if the Director Planning and Co unity Development determines that the
use of such other materials satisfies the inte t of this agreement. Rooftop mechanical
equipment shall be screened ' visible from ighway 218 or Mormon Trek Boulevard.
5. The ILJ Investments, Inc., Da , Appli nt, and City acknowledge that the conditions
contained herein are reasonabl con ions to impose on the land under Iowa Code
§414.5 (2009), and that said co iti ns satisfy public needs that are caused by the
requested zoning change.
6. ILJ Investments, Inc., Davis, A lic t, and City acknowledge that in the event the
subject property is transferred, old, r eveloped, or subdivided, all redevelopment will
conform to the terms of this Co ditional Wing Agreement.
7. The parties acknowledge th this Conditio I Zoning Agreement shall be deemed to be
a covenant running with th land and with ti to the land, and shall remain in full force
and effect as a covenant ith title to the land, unless or until released of record by the
City of Iowa City.
The parties further ack owledge that this agreeme shall inure to the benefit of and bind
all successors, repres ntatives, and assigns of the p ies.
8. ILJ Investments, Inc ,Davis, and The Owner and Applic nt acknowledge that nothing in
this Conditional Zo ng Agreement shall be construed to lieve the Owner or Applicant
from complying wit all other applicable local, state, and fed ral regulations.
9. The parties agr that this Conditional Zoning Agreeme shall be incorporated by
reference into th ordinance rezonin u sect property, and that upon adoption and
publication of t e ordinance, thi greement shall be recorded in the Johnson County
Recorder's Offi eat the Ap 'ant's expense.
ppdadm/agUcza final-clean 3
Dated this d y of
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
A proved by: 'l,f~,
City Attorney's Office
Davis
Jan Ellen Smith
Eric Smith, Spouse
Robert A. Davis
Patti Davis, Spouse
James R. Davis
Barbara Davis, Spouse
20
ILJ
By:
By:
By:
By:
Inc.
title
title
r Properties IC, LLC
title
,title
ppdadm/agUcza final-clean 4
CITY OF IOWA C
STATE OF IOWA
JOHNSON COUNTY
OWLEDGEMENT:
On this day of A.D. 20 before me, the
undersigned, a notary public in and r the Stat of Iowa, personally appeared Matthew J. Hayek
and Marian K. Karr, to me personally own, ho being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of aid municipal corporation executing the within and
foregoing instrument; that the seal affixe hereto is the seal of said municipal corporation; that
said instrument was signed and sealed ehalf of said municipal corporation by authority of its
City Council; and that the said Mayor and ity Clerk as such officers acknowledged that the
execution of said instrument to be th volun ry act and deed of said corporation, by it and by
them voluntarily executed.
Nota Public in and for the State of Iowa
My cdmmission expires:
ppdadmlagt/cza final-clean 5
ILJ INVESTMENTS, INC. ACKNOWLEDGEMENTS:
STATE O IOWA )
ss:
JOHNSON C UNTY )
This instru nt was acknowledged before me on this day of
(name) as
Investments, Inc.
2010, by
(title) of ILJ
Notary Publi in and for the State of Iowa
My com ~ssion expires:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was ackno
Investments, Inc.
DEALER
STATE OF IOWA )
)s
JOHNSON COUNTY )
This instrument was ac~tr
Properties IC, LLC.
~efor~me on this day of , 2010, by
(nav(e) as (title) of ILJ
-Notary Public in and for the State of Iowa
My commission expires:
ES IC, .L.C. ACKNOWLEDGEMENTS:
ged before me on
(name) as _
day of , 2010, by
(title) of Dealer
Notary Public in a d for the State of Iowa
My commission expi s:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument as acknowledged before me on this day of , 2010, by
(name) as (title) of Dealer
Properties IC, LLC.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agUcza fnal-clean 6
DAVIS ACKNOWLEDGEMENTS:
STATE OF
ss:
This instrument was ackn ledged before me on this may of , 2010, by Jan Ellen
Smith and Eric Smith, wife and hu and. /
Notary ublic in and for the State of Iowa
My mmission expires:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged b ore me on thi day of , 2010, by Robert A.
Davis and Patti Davis, husband and wife.
Notary Public in a~for the State of Iowa
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was ack wledged before me on this , 2010, by James R.
Davis and Barbara Davis, hu and and wife.
"Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agVcza final-clean 7
4b
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, SECTION 14-4E-8,
NONCONFORMING DEVELOPMENT.
WHEREAS, the City's zoning code establishes rules that guide the use and development of
properties that are legally nonconforming due to a change in the zoning designation of a
property or a change in the zoning regulations; and
WHEREAS, it is the intent of the nonconforming provisions of the zoning code to guide
future uses and development in a direction consistent with City policy, to protect the character
of an area by reducing the potential negative impacts from nonconforming situations, and over
time, to bring development into compliance with the City's regulations while also providing for
flexibility and relief from the strict application of zoning provisions so that properties can
continue in productive use over time; and
WHEREAS, the provisions in Section 14-4E-8, Nonconforming Development, are intended
to provide flexibility and in some cases relief from the current site development standards for
nonconforming property as they redevelop, expand, or change uses over time; and
WHEREAS, while recent changes to the zoning code brought the City's regulations in line
with current accepted practice with regard to commercial site design, including screening and
buffering parking areas, outdoor storage areas, and display lots from public sidewalks and
neighboring properties, there are many older properties that. are noncompliant with these new
standards; and
WHEREAS, it is necessary to provide more flexibility and relief in certain circumstances
from the strict application of new site development standards that would not be feasible or
practical or would unduly reduce the ability to use or re-use a property due to topography,
location of existing buildings, or other site constraints.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Deleting Subsection 14-4E-8A, General Provisions, and substituting in lieu thereof:
A. General Provisions
1. Except as otherwise restricted, prohibited or allowed in this Article, a use or
structure located on a lot that contains nonconforming development may be
converted to a different use, enlarged or structurally altered, provided such
change in use, enlargement or alteration does not increase or extend the
nonconformity and provided nonconforming development is brought into
compliance or closer into compliance according to the provisions of this Section.
2. When a use is proposed for a property that contains nonconforming development,
but which property has been without any principal use for one year or more, the
property must be brought into compliance with all applicable site development
standards as set forth in the base zone and in Chapter 14-5. However,
requirements or standards that would not be feasible or practical or would unduly
reduce the ability to use or re-use the property due to topography, location of
Ordinance No.
Page 2
existing buildings, or other site constraints, may be modified or waived by minor
modification. The City may also waive or modify by minor modification any
standard that cannot be met due to a conflict with any other requirement of this
Title.
3. When a use is proposed for a property where the principal building(s) have been
demolished or destroyed, but that contains nonconforming development, such as
parking lot paving, exterior lighting, signage, etc, the property must be brought into
compliance with all applicable site development standards as set forth in the base
zone and in Chapter 14-5.
4. For properties where a principal use is converted to a use in another use category
or subgroup and the property is not in compliance with the following site
development standards, it must be brought into compliance with said standards.
However, if meeting these standards or requirements would not be feasible or
practical or would unduly reduce the ability to use or re-use the property due to
topography, location of existing buildings, or other site constraints,. they may be
modified or waived by minor modification. The City may also waive or modify by
minor modification any of the following standards that cannot be met due to a
conflict with any other requirement of this Title.
a. Screening of existing parking, loading, outdoor storage and display areas along
street-side lot lines according to the applicable screening standard;
b. Screening of existing parking, loading, outdoor storage and display areas from
the Iowa River or from any Parks and Open Space Use, including trails,
according to the applicable screening standard;
c. Street and residential tree requirements; and
d. Bicycle parking requirements.
5. Any new site elements being constructed or established on the site, such as new
exterior lighting, new parking areas, new outdoor storage or display areas, new
signage, etc, must comply with current applicable standards.
6. Any nonconforming site elements that are being re-constructed or re-established
must be brought into compliance with the current applicable standards. However,
requirements or standards that would not be feasible or practical or would unduly
reduce the ability to use or re-use the property due to topography, location of
existing buildings, or other site constraints may be modified or waived by minor
modification. The City may also waive or modify by minor modification any
standard that cannot be met due to a conflict with any other requirement of this
Title.
B. Deleting paragraph 14-4E-8B-5 and substituting in Lieu thereof:
5. Whenever a use or uses, which are located on a property that is nonconforming with
regard to the provisions of Chapter 5, Article A, Off-Street Parking and Loading
Standards, are enlarged one or more times, the sum total of which increases the total
floor area on the property by 50 percent or more, the property must be brought into
full compliance with the provisions of Article 14-5A, Parking and Loading Standards,
and any applicable parking location and perimeter landscaping and screening
requirements of the base zone, except as allowed in paragraph 1, above. However,
requirements or standards that would not be feasible or practical or would unduly
Ordinance No.
Page 3
reduce the ability to use the property due to topography, location of existing buildings,
or other site constraints may be modified or waived by minor modification. The City
may also waive or modify by minor modification any standard that cannot be met due
to a conflict with any other requirement of this Title.
C. Deleting paragraph 14-4E-8D-1 and substituting in lieu thereof:
1. Whenever a use or uses, which are located on a property that is nonconforming with
regard to the screening, landscaping, and/or tree standards of this Title, are enlarged
one or more times, the sum total of which increases the total floor area on the
property by 25 percent or more, the property must be brought into full compliance
with the following screening and landscaping requirements:
a. Screening and landscaping of any outdoor storage, work, or display areas
according to the provisions of the applicable base zone or as specified for a
particular use in Article 14-4B;
b. For Quick Vehicle Servicing Uses and Vehicle Repair Uses, all vehicular use areas
must be screened. from the public right-of-way to the S2 Standard and to the S3
Standard along any side or rear lot line that abuts a Residential Zone boundary;
D. Deleting paragraph 14-4E-8D-2 and substituting in lieu thereof:
2. Whenever a use or uses, which are located on a property that is nonconforming with
the Street Tree and Residential Tree requirements, are enlarged one or more times,
the sum total of which increases the total floor area on the property by 25 percent or
more, said property must be brought into full compliance with Street Tree and
Residential Tree requirements contained in Article 14-5E, Landscaping and Tree
Standards.
E. Deleting paragraph 14-4E-8D-4 and substituting in lieu thereof:
4. The City may waive any landscaping or screening requirement that cannot be met
due to a conflict with any other requirement of this Title. Requirements or standards
that would not be feasible or practical or would unduly reduce the ability to use the
property due to topography, location of existing buildings, or other site constraints
may be modified or waived by minor modification.
F. Deleting the introductory paragraph to Section 14-4B-1, Minor Modifications, and
substituting in lieu thereof:
14-4B-1 Minor Modifications
The Building Official or designee is empowered to grant minor modifications from certain
standards specifically enumerated below. Minor modifications provide a mechanism by
which the specified regulations may be modified or waived if the proposed development
meets certain criteria and continues to meet the intended purpose of those regulations.
Minor modification reviews provide flexibility for unusual situations applicable to the
property, for which strict application of the regulations is impractical. The minor
modifications listed below may be granted provided the approval criteria as set forth in
subsection B, below, are met. The approval procedures for minor modifications are set
forth in Article 14-8B of this Title, Administrative Approval Procedures.
Ordinance No.
Page 4
G. Amending subsection 14-4B-1A, by adding a paragraph 21, as follows:
21. Modifications or waivers of nonconforming development according to the provisions
set forth in 14-4E-8, Regulation of Nonconforming Development.
H. Deleting paragraph 14-4B-1 B-1 and substituting in lieu thereof:
1. Special circumstances apply to the property, such as size, shape, topography,
location, surroundings, or characteristics, or pre-existing site development, which
make it impractical to comply with the subject regulation or which warrant a
modification and/or waiver of the subject regulation.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
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.
Passed and approved this day of , 2010.
MAYOR Approved by
ATTEST: ~ ~ ~
CITY CLERK City Attorney's Office ~r'~l ~~
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 6 / 15 / 2010
Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
City of Iowa City
MEMORANDUM
Date: May 14, 2010
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: Zoning Code amendment -Nonconforming Development
Background
Nonconforming situations are created when the zoning designation of a property
is changed or the zoning regulations are changed such that an existing lawfully
established use, structure, lot, or development no longer complies with the
zoning regulations. Without provisions in the code to address nonconforming
situations, properties would immediately have to be brought into compliance with
current regulations and standards. The intent of the nonconforming chapter is to
guide future uses and development in a direction consistent with City policy, to
protect the character of an area by reducing the potential negative impacts from
nonconforming situations, and over time, to bring development into compliance
with the City's regulations.
There are several types of nonconforming situations. The type that is the subject
of this memo is "nonconforming development." Nonconforming development is
defined as "an element of a development, such as a parking area, a loading area,
outdoor lighting, landscaping, screening, or signage that was established in the
conformance with the Zoning Code, but which subsequently, due to a change in
the zone or to the requirements of the Zoning Code, is no longer in conformance
with one or more of theses requirements."
Before the Zoning Code was rewritten in 2005, there were no specific provisions
for nonconforming development. For example, if a property had a parking lot
was not in compliance with the provisions of the code, it was technically
considered a "nonconforming use," and under the strict interpretation of the
previous ordinance, if the property owner wanted to build an addition or change
the use, the entire parking lot and any other nonconforming site elements would
have to be brought into full compliance with the code.
In addition, prior to 2005, in commercial zones, outdoor storage and display was
prohibited in most instances. However, when the Code was re-written it was
acknowledged that there are many commercial uses that need to store bulky
items or machinery outdoors and rather than prohibit this type of use of the
property, the code was amended to allow outdoor storage and display of
merchandise. However, to ensure that outdoor storage and display areas would
not block pedestrian routes or become a permanent eyesore as viewed from the
Page 2
public street or from the neighboring property, setback, screening and buffering
standards were adopted.
Similar screening and buffering standards were adopted in 2005 for parking
areas, because there were many instances when parking lot pavement extended
right to the public sidewalk along street frontages, which resulted in cars
extending over the property line into the public right-of-way and blocking
pedestrian movement along the sidewalk. With so little green or pervious surface
remaining on commercial properties, storm water drainage was also a significant
problem in some cases. The new code requires a landscaped buffer between
parking areas and public sidewalks and neighboring properties. This landscaped
buffer protects pedestrians, softens the edge of parking areas and outdoor
storage and display areas as viewed from the public street and neighboring
properties and provides a minimal amount of pervious surface to help with storm
water drainage.
Regulating Nonconforming Development
While the aforementioned changes to the zoning code brought the City's
regulations in line with current accepted practice with regard to commercial site
design, there are many older properties that are noncompliant with these new
standards. The provisions in Section 14-4E-8, Nonconforming Development, are
intended to provide flexibility and in some cases relief from the current site
development standards for nonconforming properties as they redevelop, expand,
or change uses over time.
It is difficult to write standards that will address every situation, because every
property has its own unique set of characteristics and constraints. What we have
found over the last several years as these new regulations have been applied to
various properties is that the Code needs to provide more guidance and flexibility
in the following situations:
• When there is a new use or an expansion of a use on a site that is so
constrained by the existing location of buildings and pavement that there
is not enough room to provide landscape buffers, tree islands, etc, without
moving building or removing required parking spaces;
• When a new use is proposed for a previously developed property that has
been vacant for a year or more;
• When a new use is proposed for a property where all the principal
buildings have been demolished or destroyed, but contains nonconforming
development, such as parking lot paving, exterior lighting, signage, etc;
and
• When there is a change in a use or tenant on a property with multiple
buildings or tenant businesses, such as shopping malls and strip
commercial centers.
Page 3
Zoning Amendments Proposed
Attached are changes to the zoning code recommended by staff to address
these various situations. The following paragraphs explain the legislative intent
behind the changes proposed.
Chances to subsection 14-4E-8A, General Provisions
Paragraph 2 addresses vacant properties. If a new use is proposed for a
property that has stood vacant for a year or more, then the property needs to be
brought into compliance with the site development standards in the code.
However, if there are constraints due to the location of buildings, topography,
existing site elements, etc. that make is impractical to fully comply with the
ordinance the property owner can apply for a minor modification to adjust or even
waive certain standards.
Paragraph 3 addresses properties that previously were developed, but where all
the principal buildings have been demolished or destroyed. In such a case, there
are probably few constraints to bringing the property into compliance and should
be treated the same as new development.
Paragraph 4 addresses properties that have not been vacant for a year or more,
but where a new use or uses are being established. This paragraph addresses
properties that have multiple buildings or tenants, such as a shopping mall and
also properties that have only one building or one use. If a new use moves into a
building in such a case, the property owner is not required to bring the entire
property into compliance with all the site development standards. The only site
elements that have to be brought into compliance in these situations are required
screening along street frontages and along public parks, trails, and the Iowa
River; planting any required street trees along the frontage and for multi-family
properties planting required "residential trees." In addition, if the property is a
commercial property that may generate bicycle traffic, bicycle parking if not
already provided will have to be brought into compliance. All other site
development standards are allowed to remain noncompliant, including interior
parking lot landscaping, screening between properties, driveway width and
access points, outdoor lighting, signage, etc.
Paragraphs 5 and 6 clarify that if new site elements are being added or
constructed on the site they have to be built in compliance with the current
ordinance.
Subsections B through E address situations where an existing use is being
expanded. In most cases, there is a trigger such that if a significant amount of
investment is being made to expand the buildings on the site, noncompliant site
elements are also expected to be brought into or closer into compliance with
current standards in rough proportion to the amount of investment being made to
the buildings. We have not experienced problems in the application of these
provisions since the new code was adopted, so very few changes are proposed.
Page 4
However, staff is suggesting allowing more flexibility in situations where bringing
the property into compliance with specific provisions may be impractical or would
reduce the ability to use the property. In such a case, standards can be modified
or even waived completely by minor modification, which is an administrative
procedure and does not require a public hearing or review by the Board of
Adjustment or City Council.
In order to allow relief through the minor modification process, it will be
necessary to add a paragraph to Section 14-46-1, Minor Modifications as noted
in the attached draft amendment.
Concluding Remarks
The nonconforming section of the zoning ordinance is often the most difficult to
understand because there are so many ways that development can vary over time.
However, these are important provisions that provide reasonable accommodation and
relief to ensure that older properties within the city can redevelop and thrive over time
while at the same time ensuring that the negative aspects of nonconforming site
elements are mitigated and/or gradually improved to ensure that property values in the
vicinity are maintained and neighboring properties are not harmed. Staff finds that the
proposed amendments will maintain the core purpose of bringing properties gradually
into compliance with current standards over time, but provide additional flexibility and
relief from regulations that might otherwise be a deterrent to redevelopment.
Approved by:
Jeff Davidson, Director
Department of Planning and Community Development
Staff recommends amending Section 74-4E-8, Regulation of Nonconforming
Development, as follows:
14-4E-8 Regulation of Nonconforming Development
A. General Provisions
1. Except as otherwise restricted, prohibited or allowed in this Article, a use or
structure located on a lot that contains nonconforming development may be
converted to a different use, enlarged or structurally altered, provided such
change in use, enlargement or alteration does not increase or extend the
nonconformity and provided nonconforming development is brought into
compliance or closer into compliance according to the provisions of this
Section.
2. When a use is proposed for a propertythat contains nonconforming
development but which property has been without any principal use for one
year or more the property must be brought into compliance with all
applicable site development standards as set forth in the base zone and in
Chapter 14-5 However requirements or standards that would not be feasible
or practical or would unduly reduce the ability to use or re-use the property
due to topography location of existing buildings, or other site constraints,
may be modified or waived by minor modification. The City may also waive or
modify by minor modification any standard that cannot be met due to a
conflict with any other reauirement of this Title.
3. When a use is proposed for a property where the principal building(s) have
been demolished or destroyed but that contains nonconforming development,
such as parking lot paving exterior lighting signage, etc the property must
be brought into compliance with all applicable site development standards as
set forth in the base zone and in Chapter 14-5.
4. For properties where a principal use is converted to a use in another use
category or subgroup and the property
is not in compliance with
the following site development standards it must be brought into compliance
with said standards. However if meeting these standards or requirements
would not be feasible or practical or would unduly reduce the ability to use or
re-use the property due to topography location of existing buildings or other
site constraints they_may be modified or waived by minor modification. The
City may also waive or modify by minor modification any of the following
standards that cannot be met due to a conflict with any other reauirement of
this Title.
(i) Screening of existing_parkingLlogding outdoor storage and display
areas along street-side lot lines according to the applicable
screening standard;
(2) Screenir~ of existing parking loading outdoor storaae and display
areas from the Iowa River or from any Parks and Open Space Use,
including trails according to the applicable screening standard;
(3) Street and residential tree reauirements;
(4) Bicycle harking requirements;
5. Any new site elements being constructed or established on the site, such as
new exterior lighting new parkins areas new outdoor storaae or display
areas new signag_e etc must comply with current applicable standards.
6. AnYnonconforming site elements that are being re-constructed or re-
established must be brought into compliance with the current applicable
standards However reauirements or standards that would not be feasible or
practical or would unduly reduce the ability to use or re-use the property due
to to~oaraphv location of existing buildings or other site constraints may be
modified or waived by minor modification. The City may also waive or modify
by minor modification any standard that cannot be met due to a conflict with
any other requirement of this Title.
B. Nonconforming Parking and Loading
1. If anon-residential use, which is nonconforming with regard to the required
number of parking, stacking, or loading spaces, is modified, expanded or
enlarged such that there is an increase in the number of required spaces over
the existing situation, only the number of spaces relating to the enlargement
need to be provided. These spaces are in addition to any spaces already in
existence on the site.
2. If a residential use, which is nonconforming with regard to the required
number of parking, stacking, or loading spaces, is changed in any way such
that there is an increase in the number of required spaces over the existing
situation, the property must be brought into full compliance with the number
of spaces required.
3. Any portion of a nonconforming parking area or loading area that is
reconstructed or expanded, must be brought into compliance with all
applicable construction, design, location, and screening and landscaping
requirements.
4. Whenever a use or uses, which are located on a site that is nonconforming
with regard to the provisions of Chapter 5, Article A, OfF-Street Parking and
Loading Standards, are enlarged by less than 50 percent in total floor area on
the property, the properly must be brought into compliance with the
development standards listed below.
a. Applicable perimeter parking lot landscaping and screening
requirements.
b. Any new parking area must meet all applicable construction, design,
location, and landscaping requirements.
5. Whenever a use or uses, which are located on a property that is
nonconforming with regard to the provisions of Chapter 5, Article A, OfF-Street
Parking and Loading Standards, are enlarged one or more times, the sum
total of which increases the total floor area on the properly by 50 percent or
more, the property must be brought into full compliance with the provisions of
Article 14-5A, Parking and Loading Standards, and any applicable parking
location and perimeter landscaping and screening requirements of the base
zone, except as allowed in paragraph 1, above.
. However, requirements or
standards that would not be feasible or practical or would unduly reduce the
ability to use the property due to topography location of existing buildings, or
other site constraints may be modified or waived by minor modification. The
City may also waive or modify by minor modification any standard that cannot
be met due to a conflict with any other requirement of this Title.
6. A use that is nonconforming with regard to the required number of parking,
stacking, or loading spaces may be converted to a use in another use
category or subgroup without full compliance with the number of parking,
stacking, or loading spaces, according to the following rules:
a. If the number of required spaces for the converted use is more than
what was required for the established use, only the number of spaces
beyond what was required for the established use need to be provided.
These spaces are in addition to any spaces already in existence on the
site.
b. In addition to any additional spaces required in subparagraph a., as
many spaces as the lot will accommodate must be provided, up to the
number needed to fully comply with the standard.
C. Nonconforming Signs
It is the intent of these provisions that nonconforming signs be eliminated over
time as set forth below:
1. All lawfully established signs that become nonconforming due to a change in
zoning or a change in the development regulations are permitted to remain as
nonconforming signs.
2. The owner of a nonconforming sign is required to maintain the sign in such a
manner as to avoid it becoming a hazardous sign.
3. Other than for routine maintenance, if a nonconforming sign is changed or
altered in any way it must be brought into compliance with the provisions of
Article 14-5B, Sign Regulations. However, nonconforming signs that are
deemed historic, signs for a historic structure and signs on structures in a
Historic Preservation Overlay Zone may qualify for a special exception as
described in paragraph 4, below.
4. The Board of Adjustment may grant a special exception to allow changes to a
nonconforming sign, provided the following conditions are met:
a. The sign must be located on a property designated as a Historic
Landmark, a property registered on the National Register of Historic
Places, or on a property listed as a key or contributing property in a
Historic Preservation or Historic Conservation Overlay Zone.
b. The sign must fall into one of the following categories:
(i) The sign is in keeping with the architectural character of an historic
structure and is appropriate to a particular period in the structure's
history; or
(2) The sign is an integral part of a property's historic identity; or
(3) The sign makes a significant artistic or historic contribution to the
community or neighborhood in which the sign is located.
c. At the time of application for the special exception, changes to the
subject sign must be approved by the Historic Preservation Commission
through a certificate of appropriateness. If the Board of Adjustment
grants a special exception for the sign, any subsequent changes to the
sign do not have to be approved by the Board of Adjustment, but do
require a certificate of appropriateness from the Historic Preservation
Commission.
d. If the sign is not maintained according to the provisions of Article 14-5B,
Sign Regulations, and becomes hazardous, the City may request that the
Board of Adjustment revoke the special exception.
5. The Board of Adjustment may grant a special exception to allow repair or
reconstruction of a nonconforming sign that has been damaged or destroyed
by fire, explosion, act of God or by a public enemy if the following approval
criteria are met:
a. In order to qualify for this exception, the sign must fall into at least one
of the following categories:
(1) The subject sign is an integral part of the historic identity of a
property or use designated as a Historic Landmark, a property
registered on the National Register of Historic Places, or of a
property listed as a key or contributing property in a Historic District
or Conservation District Overlay Zone; or
(2) The sign is an integral part of a property's historic identity such that
it is generally recognized and associated with a longstanding
business or institution and makes a significant artistic, cultural, or
nostalgic contribution to the community or neighborhood.
b. The sign must be reconstructed as nearly as possible to its historic
design or to the design that is generally recognized and associated with
the longstanding business or institution such that it continues to make a
significant artistic, cultural or nostalgic contribution to the community or
neighborhood.
c. The sign must be reconstructed such that it is not a hazardous sign. The
sign must be located in a manner that complies with Article 14-5D,
Intersection Visibility Standards. The Board may require changes to the
sign, to its structure or mounting, or its location in order to improve
public safety. If the sign is not maintained according to the provision of
Article 14-5B, Sign Regulations, and becomes hazardous, the City may
request that the Board of Adjustment revoke the special exception.
d. If the sign is located on a property designated as a Historic Landmark, a
property registered on the National Register of Historic Places, or a
property listed as a key or contributing property in a Historic District or
Conservation District Overlay Zone, the subject sign must be approved
by the Historic Preservation Commission and issued a certificate of
appropriateness. If the Board of Adjustment grants a special exception
for the sign, any subsequent changes to the sign do not have to be
approved by the Board of Adjustment, but do require a certificate of
appropriateness from the Historic Preservation Commission.
D. Nonconforming Landscaping/Screening
1. Whenever a use or uses, which are located on a property that is
nonconforming with regard to the screening, landscaping, and/or tree
standards of this Title, are enlarged one or more times, the sum total of which
increases the total floor area on the property by ~A 25 percent or more, the
property must be brought into full compliance with a+~y-appE+eable the
following screening and landscaping requirements
~ ; ~~ ^'T~T~'TTTCITTBQTTIGITRQT7TPII1~[7T7 ••, C.,....G-~I C........Fi., r, .1
iu
a. Screening and landscaping of any outdoor storage, work, or display
areas according to the provisions of the applicable base zone or as
specified for a particular use in Article 14-4B;
b. For Ouick Vehicle Servicing Uses and Vehicle Repair Uses, all vehicular
use areas must be screened from the public right-of-way to the S2
Standard and to the S3 Standard along any side or rear lot line that
abuts a Residential Zone boundary;
2. Whenever a use or uses, which are located on a property that is
nonconforming with the Street Tree and Residential Tree requirements, are
enlarged one or more times, the sum total of which increases the total floor
area on the property by -~9 25 percent or more, said
property must be brought into full compliance with Street Tree and
Residential Tree requirements contained in Article 14-5E, Landscaping and
Tree Standards.
3. Rules governing the provision of trees and landscaping for nonconforming
parking and loading areas are stated in subsection B, above, Nonconforming
Parking and Loading.
4. The City may waive any landscaping or screening requirement that cannot be
met due to a conflict with any other requirement of this Title.
Requirements or standards that would not be feasible or practical or would
unduly reduce the ability to use the property due to topography location of
existing buildings or other site constraints may be modified or waived by
minor modification.
E. Nonconforming Outdoor Lighting
1. Any existing light fixture that is nonconforming with regard to how the fixture
is aimed must be brought immediately into compliance if it is possible to re-
alm the existing fixture.
2. Upon repair, replacement, or relocation of any luminaire, such luminaire must
comply with any applicable requirement that it be fully shielded.
3. Whenever a use or uses, which are located on a property that is
nonconforming with regard to the provisions of Article 14-5G, Outdoor
Lighting Standards, are enlarged by less than 50 percent in total floor area on
the property, any new outdoor lighting installed due to the enlargement must
fully comply with the Outdoor Lighting Standards. Existing nonconforming
lighting may remain, except as specified in paragraphs 1. and 2., above.
4. Whenever a use or uses, which are located on a property that is
nonconforming with regard to the provisions of Article 14-5G, Outdoor
Lighting Standards, are enlarged one or more times, the sum total of which
increases the total floor area on the property by 50 percent or more, the
property must be brought into full compliance with the provisions of Article
14-5G, Outdoor Lighting Standards.
Staff recommends amending Section 14-48-1, Minor Modifications, as follows:
. ~ ~ ~ ~
The Building Official or designee is empowered to grant minor modifications from certain
standards specifically enumerated below. Minor modifications provide a mechanism by
which the specified regulations may be modified or waived if the proposed development
meets certain criteria and continues to meet the intended purpose of those regulations.
Minor modification reviews provide flexibility for unusual situations applicable to the
property, for which strict application of the regulations is impractical. The minor
modifications listed below may be granted provided the approval criteria as set forth in
subsection B, below, are met. The approval procedures for minor modifications are set
forth in Article 14-8B of this Title, Administrative Approval Procedures.
A. Applicability
The Building Official may grant the following minor modifications from the
requirements of this Title, provided the approval criteria are met. Any requests for
modifications that exceed the limitations set forth below and all other requests for
modifications of the requirements of this Title require the filing of a special
exception or variance application with the Board of Adjustment.
1. The number of required parking spaces for commercial uses may be reduced
up to 10 percent.
2. The Building Official in consultation with the Director of Planning and
Community Development may approve a minor reduction of up to 50 percent
of the total number of parking spaces required, if the uses sharing the parking
are not normally open, used, or operated during the same hours. However,
this reduction is not allowed for Residential Uses. To qualify for a reduction
under this provision, a parking demand analysis must be submitted that
provides evidence that the amount of parking proposed for the shared parking
area will be sufficient to meet the parking demand.
3. In the CB-5 Zone and CB-10 Zone, a minor modification may be granted
exempting up to 30 percent of the total number of dwelling units contained in
a building from the minimum parking requirements, provided that those
dwelling units are committed to the City's assisted housing program or any
other affordable housing program approved by the City.
4. The height of a wall or fence may be increased up to 25 percent, but in no
case shall a minor modification allow a fence greater than 8 feet high.
5. The height of a principal or accessory building may be increased up to 10
percent.
6. In cases where due to topography or other site characteristics, awheelchair
ramp cannot meet the limitations placed on its allowed extension into a
required setback, this limitation may be modified.
7. Required setbacks from a side lot line may be reduced by up to 2 feet, but in
no case shall a required setback from a side lot line be reduced to less than 3
feet, unless the subject side lot line abuts a public right-of-way or permanent
open space.
8. Other setbacks may be reduced by up to 15 percent of the required setback,
but in no case shall a required setback from a rear lot line be reduced to less
than 3 feet, unless the subject side lot line abuts a public right-of-way or
permanent open space.
9. One space for parking for persons with disabilities may be located in a
required front setback for commercial uses in a Commercial Zone, when
adjacent to an Residential Zone, where the topography or shape of the lot
preclude compliance with the location requirements for off-street parking.
10. The permitted height of a freestanding sign may be increased by up to 10 feet
if the property is within 1,000 feet of a divided, limited access highway, and
there is a difference in topographical elevations between the property and the
highway, such that the visibility of the sign from the highway would be
obstructed if the sign were limited to the maximum height permitted by
ordinance.
11. One nonresident employee may be approved for a home occupation use.
However, nonresident employees are not permitted under any circumstances
for the types of medical offices allowed as home occupations.
12. One nonresident employee may be approved for a Bed and Breakfast
Homestay or Bed and Breakfast Inn.
13. Modifications to the Driveway Spacing Standards contained in Section 14-5C-4
may be granted, provided there is no feasible alternative to the modification
requested and vehicular and/or pedestrian safety will not be compromised
due to the modification. The Building Official must obtain approval from the
City Engineer and the Director of Planning and Community Development prior
to granting any such modification.
14. A building addition of less than 500 square feet or an accessory storage
building less than 500 square feet in size may be approved for accessory uses
within Parks and Open Space Uses without approval from the Board of
Adjustment. However, if any such building addition increases the occupancy
load of the building, a special exception must be obtained.
15. A building addition of less than 500 square feet or an accessory storage
building less than 500 square feet in size may be approved for General
Educational Facilities and for Religious/Private Group Assembly Uses without
approval from the Board of Adjustment. However, if any such building
addition increases the occupancy load of the building, a special exception
must be obtained.
16. Modifications to the Multi-Family Site Development Standards contained in
Section 14-2B-6 according to the alternate approval criteria set forth in that
section. The Building Official must obtain approval from the Design Review
Committee and the Director of Planning and Community Development prior to
granting any such modification. Such requests shall be approved jointly by the
Design Review Committee, the Director of Planning and Community
Development, and the Building Official.
17. Modifications to the site development standards contained in Section 14-2C-6,
14-2C-7, 14-2C-8, or 14-2C-9 according to the alternate approval criteria set
forth in section 14-2C-10. The Building Official must obtain approval from the
Design Review Committee and the Director of Planning and Community
Development prior to granting any such modification.
18. Modifications to the site development standards contained in 14-2D-5,
Industrial and Research Zone Site Development Standards, and 14-2F-5,
Public Zone Site Development Standards, according to the alternate approval
criteria set forth in those sections, respectively. The Building Official must
obtain approval from the Director of Planning and Community Development
prior to granting any such modification.
19. One additional garage entrance/exit to structured parking may be granted
according to the provisions of paragraph 14-5A-5F-5, Garage Entrance/Exits.
The Building Official must obtain approval from the Director of Planning and
Community Development prior to granting any such modification.
20. Freestanding sign in the CB-2 Zone, according to the approval criteria and
specifications as stated in Table 5B-4 in Article 14-5B, Sign Regulations.
21. Modifications or waivers of nonconforming development accordina to the
provisions set forth in 14-4E-8 Regulation of Nonconformina Development.
B. Approval Criteria
The Building Official may approve an application for a minor modification, in whole
or in part, with or without conditions, only if the following approval criteria are met.
1. Special circumstances apply to the property, such as size, shape, topography,
location, surroundings, or characteristics, or pre-existing site development,
which make it impractical to comply with the subject regulation or which
warrant a modification and/or waiver of to the subject regulation.
2. The minor modification will not be detrimental to the public health, safety, or
welfare or be injurious to other property or improvements in the vicinity and
in the zone in which the property is located.
3. The minor modification does not exceed the minor modification standards or
allow a use or activity not otherwise expressly authorized by the regulations
governing the subject property.
4. The minor modification requested is in conformity with the intent and purpose
of the regulation modified.
5. The requested minor modification complies with other applicable statutes,
ordinances, laws and regulations.
C. Burden of Proof
The applicant bears the burden of proof and must support each of the approval
criteria by a preponderance of the evidence.
D. Precedents
The granting of a minor modification is not grounds for granting other minor
modifications for the same or differing properties.
T
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 522400_
ORDINANCE NO. ~~.~:' ~~'"
~r
AN ORDINANCE AMEN ING THE IOWA CITY ZONING CODE, S`"HON 14-.4r~8,
{. ~ u
NONCONFORMING DEV LOPMENT. ,~: ~ : ~-w - -
WHEREAS, the City's zonin code establishes rules that uide the use and dev~l'opment of
properties that are legally nonco forming due to a change in the zoning designation of a
property or a change in the zoning r ulations; and
WHEREAS, it is the intent of th nonconforming provisi ns of the zoning code to guide
future uses and development in a dire tion consistent with C~ y policy, to protect the character
of an area by reducing the potential ne tive impacts from onconforming situations, and over
time, to bring development into complian e with the City's egulations while also providing for
flexibility and relief from the strict applic tion of zonin provisions so that properties can
continue in productive use over time; and
WHEREAS, the provisions in Section 14- E-8, Non onforming Development, are intended
to provide flexibility and in some cases relief om the current site development standards for
nonconforming property as they redevelop, expa d, or change uses over time; and
WHEREAS, while recent changes to the zoni g code brought the City's regulations in line
with current accepted practice with regard to com ercial site design, including screening and
buffering parking areas, outdoor storage areas, d display lots from public sidewalks and
neighboring properties, there are many older pr ert s that are noncompliant with these new
standards; and
WHEREAS, it is necessary to provide mo a flexibl ~ty and relief in certain circumstances
from the strict application of new site devel ment sta dards that would not be feasible or
practical or would unduly reduce the ability o use or r use a property due to topography,
location of existing buildings, or other site co straints.
NOW, THEREFORE, BE IT ORDAINE BY THE CITY OUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinance of the City of Iowa ity, Iowa is hereby amended as
follows:
A. Deleting Subsection 14-4E-8A, eneral Provisions, and sub tituting in lieu thereof:
A. General Provisions
1. Except as otherwise re tricted, prohibited or allowed in t is Article, a use or
structure located o a lot that contains nonconforming velopment may be
converted to a diff rent use, enlarged or structurally alte d, provided such
change in use, a argement or alteration does not increas or extend the
nonconformity d provided nonconforming development i brought into
compliance or loser into compliance according to the provis' ns of this Section.
2. When a use is roposed for a property that contains nonconform~ g development,
but which pr erty has been without any principal use for one year or more, the
property m , t be brought into compliance with all applicable site development
standards as set forth in the base zone and in Chapter 14-5. However,
requirements or standards that would not be feasible or practical or would unduly
reduce the ability to use or re-use the property due to topography, location of
Ordinance No.
Page 2
existing buildings, or other site constraints, may be modified or waived by minor
modification. The City may also waive or modify by minor modification any
standard that cannot be met due to a conflict with any other requirement of this
Title.
3. When a use is proposed for a property where the principal building(s) have been
demolished or destroyed, but that contains nonconforming development, such as
pa ing lot paving, exterior lighting, signage, etc, the property must be brought into
com liance with all applicable site development standar s as set forth in the base
zone nd in Chapter 14-5.
4. For pro rties where a principal use is converted to a u e in another use category
or subgro p and the property is not in compliance with a following site
developme t standards, it must be brought into compli nce with said standards.
However, if eeting these standards or requirements ould not be feasible or
practical or wo Id unduly reduce the ability to use or -use the property due to
topography, loc tion of existing buildings, or other si a constraints, they may be
modified or waive by minor modification. The City ay also waive or modify by
minor modification ny of the following standards at cannot be met due to a
conflict with any oth requirement of this Title.
a. Screening of existin parking, loading, outd r storage and display ads along
street-side lot lines a cording to the applic le screening standard;
b. Screening of existing p rk
the Iowa River or from a
according to the applicab
c. Street and residential tree
u
ng, loading, o door storage and di a eas frog
Parks and en Space Use, inclu~~.ara1~s, ~,~'-~
screening tandard; ~ W
ui
d. Bicycle parking requirements
5. Any new site elements being con
exterior lighting, new parking are
signage, etc, must comply with
~ nts; and ° ~y
;~-
°..rJ
acted or established on the site, such-as new
new outdoor storage or display areas, new
~t applicable standards.
6. Any nonconforming site elem nts that re being re-constructed or re-established
must be brought into compli nce with t e current applicable standards. However,
requirements or standards hat would n be feasible or practical or would unduly
reduce the ability to use re-use the pro erty due to topography, location of
existing buildings, or of r site constraints ay be modified or waived by minor
modification. The City ay also waive or m ify by minor modification any
standard that cannot a met due to a conflict ith any other requirement of this
Title.
B. Deleting paragraph 14-4186-5 and substituting in lieu hereof:
5. Whenever a use or es, which are located on a pro erty that is nonconforming with
regard to the provi ons of Chapter 5, Article A, Off-S eet Parking and Loading
Standards, are a arged one or more times, the sum t tal of which increases the total
floor area on the roperty by 50 percent or more, the p petty must be brought into
full compliance ith the provisions of Article 14-5A, Parka g and Loading Standards,
and any appli able parking location and perimeter landscaping and screening
requiremen of the base zone, except as allowed in paragraph 1, above. However,
requirem is or standards that would not be feasible or practical or would unduly
Ordinance No.
Page 3
reduce the ability to use the property due to topography, location of existing buildings,
or other site constraints may be modified or waived by minor modification. The City
may also waive or modify by minor modification any standard that cannot be met due
to a conflict with any other requirement of this Title.
C. Deleting parag\' ph 14-4E-8D-1 and substituting in lieu thereof:
1. Whenever a u e or uses, which are located on a property that is nonconforming with
regard to the s Bening, landscaping, and/or tree standar s of this Title, are enlarged
one or more tim ,the sum total of which increases the t tal floor area on the
property by 25 pe ent or more, the property must be br ught into full compliance
with the followings reening and landscaping requirem ts:
a. Screening and Ian scaping of any outdoor storage, ork, or display areas
according to the pr isions of the applicable base one or as specified for a
particular use in Arti 14-46;
b. For Quick Vehicle Se ing Uses and Vehicle R pair Uses, all vehicular use areas
must be screened from a public right-of-way t the S2 Standard and to the S3
Standard along any side rear lot line that ab is a Residential Zone boundary;
D. Deleting paragraph 14-4E-8D-2 d substituting in ieu thereof:
2. Whenever a use or uses,-which re located o a property that is nonconforming with
the Street Tree and Residential a require ents, are enlarged one or more times,
the sum total of which increases th total flo r area on the property by 25 percent or
more, said property must be brough into f I compliance with Street Tree and
Residential Tree requirements contai d i Article 14-5E, Landscaping and Tree
Standards.
E. Deleting paragraph 14-4E-8D-4 and substi ting in lieu thereof:
4. The City may waive any landscaping o sc ening requirement that cannot be met
due to a conflict with any other requir ment f this Title. Requirements or standards
that would not be feasible or practic or wou unduly reduce the ability to use the
property due to topography, locatio of existin buildings, or other site constraints
may be modified or waived by min r modificatio .
F. Deleting the introductory paragra h to Section 4-4B-1, Minor Modifications, and
substituting in lieu thereof:
14-4B-1 Minor Modifications
The Building Official or design a is empowered to grant 'nor modifications from certain
standards specifically enum ated below. Minor modificati s provide a mech~.,nism by
which the specified regulati ns may be modified or waived i the proposed de~opment
meets certain criteria and ontinues to meet the intended pur ose oft reguJationsy°
Minor modification revie s provide flexibility for unusual situati ns applt~e the ~~==~
property, for which stri application of the regulations is imprac 'cal. Th~ar~tfinor ~, ~"'
modifications listed low may be granted provided the approval riteria-a~set~orth i~c~
subsection B, belo ,are met. The approval procedures for mino modit~irationsare sit,-.-:,
forth in Article 1~ B of this Title, Administrative Approval Procedures. ~~;` . `.
;-.~
Ordinance No.
Page 4
G. Amending subsection 14-4B-1A, by adding a paragraph 21, as follows:
21. Modifications or waivers of nonconforming development according to the provisions
set forth in 14-4E-8, Regulation of Nonconforming Development.
H. Deleting paragraph 14-4B-1 B-1 and substituting in lieu thereof:
1. Special circumstances apply to the property, such a size, shape, topography,
locate ,surroundings, or characteristics, or pre-e sting site development, which
make it i ractical to comply with the subject re lation or which warrant a
modificatio nd/or waiver of the subject regula 'on.
SECTION II. REPEALER. II ordinances and parts
of this Ordinance are hereby rep led.
SECTION III. SEVERABILITY. any section, p
adjudged to be invalid or unconstitutio I, such a '
Ordinance as a whole or any section, rovisi
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ord na
approval and publication.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
ordinances in conflict with the provisions
ovision or part of the Ordinance shall be
dication shall not affect the validity of the
or part thereof not adjudged invalid or
shall be in effect after its final passage,
2010.
by
City Attorney's
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Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, ARTICLES 14-51, SENSITIVE
LANDS AND FEATURES, AND 14-9E, SENSITIVE LANDS DEFINITIONS, TO REFINE THE
DEFINITION OF A REGULATED STREAM CORRIDOR.
WHEREAS, the intent of the City's Sensitive Areas Ordinance is to protect watercourses
that provide real value for floodwater conveyance and storage and for protection and
enhancement of valuable wildlife habitat that often exists along stream corridors;
WHEREAS, the City relies on the blue lines drawn on the U.S. Geological Survey
Quadrangle Maps to determine the location of streams to regulate under the Sensitive Areas
Ordinance; and
WHEREAS, these U.S. Geological. Survey maps are a fairly reliable source for determining
the suspected location of a stream or drainageway, however, field verification sometimes
reveals a drainageway that does not have the physical and functional .characteristics of an
actual stream corridor according to definitions accepted by professional hydrologists; and
WHEREAS, according to accepted scientific definitions, a drainageway is typically
considered a stream if it has a bed and bank that is defined by an "ordinary high water mark";
and
WHEREAS, refining the definition of stream corridors within the City's zoning code to more
closely match accept scientific definitions, will provide the flexibility for developers to design
storm water management systems that will provide appropriate drainage, conveyance and
storage of storm water for an entire site without being tied to preservation of a "blue line" that
does not provide any functional environmental value as a stream corridor;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Deleting paragraph 14-51-2B-2 and substituting in lieu thereof:
2. Stream Corridors
a. Floodways designated on either the. current federal emergency management
agency flood boundary and floodway maps for Iowa City and Johnson County or
the Iowa City (1 inch = 100 foot scale) flood boundary and floodway maps.
b. A watercourse, such as a river, stream or drainageway, which is shown in blue (the
blue line) on the most current U.S. Geological Survey Quadrangle Maps. In cases
where no floodway is delineated, the blue line will serve as the center line within a
30-foot wide stream corridor. If a watercourse is designated a blue line stream, but
does not have a bed and bank defined by an. "ordinary high water mark," as
defined in Article 14-9E, Sensitive Lands Definitions, and a definite direction of
flow, either continuously or intermittently, then said watercourse will not be
considered a regulated stream corridor, provided the absence of these defining
characteristics is verified in the field by a qualified professional (See Section 14-51-
7, Stream Corridors, for more information).
B. Deleting paragraph 14-51-7C-1 and substituting in lieu thereof:
Ordinance No.
Page 2
A delineation of the stream corridor and the required natural buffer area is required.
If, in the course of delineating a blue line stream, it is determined through field
verification by a qualified professional, such as a geologist, hydrologist, or wetland
specialist, that the blue tine or a portion of a blue line on the current U.S. Geological
Survey Quadrangle Maps does not represent a watercourse with a bed and bank
defined by an "ordinary high water mark," as defined in this Article, and a definite
direction of flow, either continuously or intermittently, then said watercourse or portion
of a watercourse will not be considered a regulated stream corridor for purposes of
this Title. In such an event, a report prepared by said qualified professional must be
submitted to the City that demonstrates to the satisfaction of the City that the subject
watercourse does not have the aforementioned defining characteristics of a stream
corridor.
C. Amending Article 14-gE, Sensitive Lands Definitions, by adding the following definition:
ORDINARY HIGH WATER MARK: A line on the bank of a watercourse established by
the regular presence and action of surface water and indicated by physical
characteristics such as a clear, natural line impressed on the bank, shelving, changes
in the character of soil, destruction of terrestrial vegetation, the presence of litter and
debris, or by other appropriate means that consider the characteristics of the
surrounding area. The ordinary high water mark defines the bed of a watercourse.
D. Amending Article 14-9E, Sensitive Lands Definitions, by deleting the definition of "stream
corridor, regulated" and substituting in lieu thereof:
STREAM CORRIDOR, REGULATED: Floodways designated on either the current
federal emergency management agency flood boundary and floodway maps for Iowa
City and Johnson County or the Iowa City (1 inch = 100 foot scale) flood boundary
and floodway maps and watercourses, such as a river, stream or drainageway, which
are shown in blue (the blue line) on the current U.S. Geological Survey Quadrangle
Maps and have a bed and bank defined by an "ordinary high water mark," as defined.
in this Title and verified in the field by a qualified professional, and a definite direction
of flow, either continuously or intermittently. In cases where no floodway is
delineated, the blue line will serve as the center line within a 30-foot wide stream
corridor.
SECTION I I. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
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.
Passed and approved this day of , 2010.
MAYOR Approved by
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 6 / 15 / 2010
Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens.
NAYS: None. ABSENT: None.
Second Consideration -
Vote for passage:
Date published
J_
_~ Y
City of Iowa City
MEMORANDUM
Date: May 14, 2010
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: Zoning Code amendment -Refining the definition and regulation of stream
corridors
Currently, the City relies on the blue lines drawn on the U.S. Geological Survey
Quadrangle Maps to determine the location of streams that are regulated under
the Sensitive Areas Ordinance. While these maps are a fairly reliable source for
determining the suspected location of a stream or drainageway, field verification
sometimes reveals a drainageway that does not have the physical and functional
characteristics of an actual stream corridor according to definitions accepted by
professional hydrologists. In some cases, the maps may simply be outdated and
streams may no longer be in the location illustrated on the map. In other
instances, the blue lines may have been drawn based on aerial photographs that
were not field verified.
A drainageway is typically only considered a stream if it has a bed and bank that
is defined by an "ordinary high water mark." For example, the U.S. Army Corps
of Engineers defines "ordinary high water mark" and uses this definition to
determine whether a watercourse is worthy of regulation as a stream corridor.
The intent of the sensitive areas ordinance is to protect watercourses that
provide real value for floodwater conveyance and storage and for protection and
enhancement of valuable wildlife habitat that often exists along these corridors.
For watercourses that do not provide these values, there is no apparent reason
to regulate or preserve these as true stream corridors. Further refining the
definition of stream corridor within the City's zoning code will provide the flexibility
for developers to design storm water management systems that will provide
appropriate drainage and conveyance and storage of storm water for an entire
site without being tied to preservation of a "blue line" that does not provide any
functional environmental value.
It should be noted that refining the definition of stream corridor in the Zoning
Code to more closely match the definition used by the U.S. Corp of Engineers
will not reduce the protections afforded by the sensitive areas ordinance if there
are other environmental features in these locations, such as wetlands or
woodlands.
Page 2
Recommendation
Staff recommends that the Zoning Code be amended by adding a definition of
"ordinary high water mark" and refining the definition of "regulated stream
corridor to more closely match the definitions used by the U. S. Army Corp of
Engineers. These proposed additions and changes are noted below:
ORDINARY HIGH WATER MARK: A line on the bank of a watercourse established
by the regular presence and action of surface water and indicated by physical
characteristics such as a clear natural line impressed on the bank, shelving,
changes in the character of soil destruction of terrestrial vegetation, the presence
of litter and debris or by other approeriate means that consider the
characteristics of the surrounding area The ordinary high water mark defines the
bed of a watercourse.
STREAM CORRIDOR, REGULATED: Floodwavs designated on either the current
federal emergency management agency flood boundary and floodwav maps for
Iowa City and Johnson Count~or the Iowa City (1 inch = 100 foot scale) flood
boundary and floodwav maps and watercourses, such as a river, stream or
drainageway, which is shown in blue (the blue line) on the current U.S. Geological
Survey Quadrangle Maps and has a bed and bank defined by an "ordinary hiah
water mark " as defined in this Title and verified in the field by a aualified
professional and a definite direction of flow either continuously or intermittently.
In cases where no floodway is delineated, the blue line will serve as the center
line within a 30-foot wide stream corridor.
Staff also recommends amending paragraph 2 of subsection 14-51-28, Regulated
Sensitive Features, as follows:
2. Stream Corridors
a. Floodways designated on either the current federal emergency management
agency flood boundary and floodway maps for Iowa City and Johnson County or
the Iowa City (1 inch = 100 foot scale) flood boundary and floodway maps.
b. A watercourse, such as a river, stream or drainageway, which is shown in blue
(the blue line) on the most current U.S. Geological Survey Quadrangle Maps. In
cases where no floodway is delineated, the blue line will serve as the center line
within a 30-foot wide stream corridor. If a watercourse is designated a blue line
stream but does not have a bed and bank defined by an "ordinary hiah water
mark " as defined in Article 14-9E Sensitive Lands Definitions, and a definite
direction of flow either continuousl rLor intermittently, then said watercourse will
not be considered a regulateT d stream corridor, provided the absence of these
defining characteristics is verified in the field by a aualified professional (See
Section 14-5I-7 Stream corridors, fqr more information).
Page 3
In addition, staff recommends that paragraph C. 1. of Section 14-51-7, Stream Corridors,
be amended as follows:
C. Environmental Review Required
A Sensitive Areas Development Plan for property containing a regulated stream corridor
must include evidence demonstrating that all regulations of this Section will be met.
Such plan must include the following information:
1. A delineation of the ~t+ stream corridor and the required natural buffer area is
required. If in the course of delineating a blue line stream, it is determined through
field verification by a qualified professional such as a geologist, hydrologist, or
wetland specialist that the blue line or a portion of a blue line on the current U.S.
Geological Survey Quadrangle Mates does not represent a watercourse with a bed and
bank defined by an "ordinary high water mark " as defined in this Article, and a
definite direction of flow either continuously or intermittently, then said watercourse
or portion of a watercourse will not be considered a regulated stream corridor for
purposes of this Title In such an event a report prepared by said aualified
Qrofessional must be submitted to the City that demonstrates to the satisfaction of
the City that the subiect watercourse does not have the aforementioned defining
characteristics of a stream corridor.
2. Delineation of a construction area limit and specification of associated restrictions
thereof;
3. Information regarding the characteristics of the stream corridor necessary to
determine the allowable buffer reduction as provided in subsection D of this section,
Stream Corridor Buffer Requirements, if a reduction is requested.
Approved by:
~in,~~
Jeff Davidson, Director
Department of Planning and Community Development
T ~.
.~
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, ARTICLES 14-51, SENSITIVE
LANDS AND FEATURES, AND 14-9E, SENSITIVE LANDS DEFINITIONS, TO REFINE THE
DEFINITION OF A REG LATED STREAM CORRIDOR.
WHEREAS, the inte of the City's Sensitive Areas Ordi ance is to protect watercourses
that provide real value or floodwater conveyance and torage and for protection and
enhancement of valuable wi life habitat that often exists aeon stream corridors;
WHEREAS, the City rel s on the blue lines drawn on the U.S. Geological Survey
Quadrangle Maps to determine the location of streams to egulate under the Sensitive Areas
Ordinance; and
WHEREAS, these U.S. Geolog al Survey maps are fairly reliable source for determining
the suspected location of a strea or drainageway, owever, field verification sometimes
reveals a drainageway that does not ave the physi al and functional characteristics of an
actual stream corridor according to define 'ons accepte by professional hydrologists; and
WHEREAS, according to accepted scientific definitions, a drainageway is typically
considered a stream if it has a bed and ban that i defined by an "ordinary high water mark";
and
WHEREAS, refining the definition of stream rridors within the City's zoning code to more
closely match accept scientific definitions, will vide the flexibility for developers to design
storm water management systems that will rov a appropriate drainage, conveyance and
storage of storm water for an entire site with ut bei tied to preservation of a "blue line" that
does not provide any functional environment I value a a stream corridor;
NOW, THEREFORE, BE IT ORDAINE BY THE C Y COUNCIL OF THE CITY ~F IOWA
CITY, IOWA: °
SECTION I. The Code of Ordinanc s of the City of to a City, Iowa is heji ar~nded~~a
follows: `-"~' "~ ~
A. Deleting paragraph 14-51-26- and substituting in lieu th eof: ~ ~`' ~'
2. Stream Corridors ~--' -~_ ~ ~
,-~.~_
a. Floodways designat don either the current federal a ergency m~rrager~nt
agency flood bou ary and floodway maps for Iowa Ci and Johnson Canty or
the Iowa City (1 i ch = 100 foot scale) flood boundary a d floodway maps.
b. A watercourse such as a river, stream or drainageway, w ich is shown in blue (the
blue line) on a most current U.S. Geological Survey Qua angle Maps. In cases
where no fl odway is delineated, the blue line will serve as t center line within a
30-foot wi a stream corridor. If a watercourse is designated a lue line stream, but
does no ave a bed and bank defined by an "ordinary high wa r mark," as
define in Article 14-9E, Sensitive Lands Definitions, and a defi 'te direction of
flow, ither continuously or intermittently, then said watercourse ~ ill not be
con Idered a regulated stream corridor, provided the absence oft se defining
characteristics is verified in the field by a qualified professional (See ection 14-51-
7, Stream Corridors, for more information).
B. Deleting paragraph 14-51-7C-1 and substituting in lieu thereof:
Ordinance No.
Page 2
A delineation of the stream corridor and the required natural buffer area is required.
If, in the course of delineating a blue line stream, it is determined through field
verification by a qualified professional, such as a geologist, hydrologist, or wetland
specialist, that the blue line or a portion of a blue line on the current U.S. Geological
Survey Quadrangle Maps does not represent a watercourse with a bed and bank
defined by an "ordinary high water mark," as defined in this Article, and a definite
direction of flow, either continuously or intermittently, then said watercourse or portion
of a watercourse will not be considered a regulated stream corridor for purposes of
this Title. In such an event, a report prepared by said qualified professional must be
submitted the City that demonstrates to the satisfactio of the City that the subject
watercourse es not have the aforementioned defining haracteristics of a stream
corridor.
C. Amending Article 14-9 Sensitive Lands Definitions, by a ing the following definition:
ORDINARY HIGH WATE MARK: A line on the bank a watercourse established by
the regular presence an ction of surface water a indicated by physical
characteristics such as a cl r, natural line impres ed on the bank, shelving, changes
in the character of soil, destru ion of terrestrial v getation, the presence of litter and
debris, or by other appropriate ans that consi er the characteristics of the
surrounding area. The ordinary hi water mar defines the bed of a watercourse.
D. Amending Article 14-9E, Sensitive Land Definiti s, by deleting the definition of "stream
corridor, regulated" and substituting in lieu ereo .
STREAM CORRIDOR, REGULATED: Floo ys designated on either the current
federal emergency management agency fl d boundary and floodway maps for Iowa
City and Johnson County or the Iowa Cit (1 ch = 100 foot scale) flood boundary
and floodway maps and watercourses, ch as a river, stream or drainageway, which
are shown in blue (the blue line) on th current S. Geological Survey Quadrangle
Maps and have a bed and bank defin d by an "or 'nary high water mark," as defined
in this Title and verified in the field b a qualified pr essional, and a definite direction
of flow, either continuously or inter ittently. In cases here no floodway is
delineated, the blue line will serve as the center line wi in a 30-foot wide stream
corridor.
SECTION II. REPEALER. All ordina es and parts of ordinances in con'
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. I any section, provision or part of
adjudged to be invalid or unconsti tional, such adjudication shall not a
Ordinance as a whole or any ection, provision or part thereof not
unconstitutional.
SECTION IV. EFFECTIVE
approval and publication.
Passed and approved thi _
ict with the provisions
e
Ordinance shall be
t the vanity of the
~~dged~nvali~_,s?r
s~
er~3s.-fiinal,Tpass~e,
c~
TE. This Ordinance shall be in effect aft
._.. c-.
day of , 2010. "` ,~
cap =
MAYOR
Approved by
___ ~ .
c.~
ATTEST:
CITY CLERK
City Attorney's Office
U
t
Prepared by: Sarah Walz, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. 10-4395
AN ORDINANCE REZONING APPROXIMATELY 1.66 ACRES OF LAND FROM COUNTY
AGRICULTURAL (C-AG) ZONE TO INSTITUTIONAL PUBLIC (P2) ZONE FOR PROPERTY
LOCATED AT 4265 OAK CREST HILL ROAD SE (REZ10-00002)
WHEREAS, the Johnson County Agricultural Extension District, hereafter referred to as
Applicant, is owner of approximately 1.66 acres of land located at 4265 Oak Crest Hill Road SE
has requested annexation of said land into the City of Iowa City; and
WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation
according to the Iowa City Comprehensive Plan; and
WHEREAS, the Comprehensive Plan indicates that the subject property is appropriate for
public use; and
WHEREAS, the Institution Public (P-2) zone provides reference to public uses of land owned
or otherwise controlled by the State or Federal government and is not subject to City development
regulations; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL.
Property described below is hereby reclassified from its current zoning designation of County
Agriculture (AG) to Interim Development- Office Research Park (ID-ORP):
LEGAL DESCRIPTION
A PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 28,
TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00°00'00"E ALONG THE
WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 28, A DISTANCE OF
1193.65 FEET TO A POINT ON THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF A
TRACT OF LAND SHOWN ON A PLAT OF PART OF THE NORTHEAST ONE-QUARTER OF
SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., JOHNSON COUNTY,
IOWA AS RECORDED IN PLAT BOOK 4 AT PAGE 233 IN THE RECORDS OF THE JOHNSON
COUNTY RECORDER; THENCE N86°43'02"E, ALONG SAID WESTERLY EXTENSION OF THE
NORTHERLY LINE AND ALONG SAID NORTHERLY LINE, 1205.20 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING N86°43'02"E, ALONG SAID NORTHERLY LINE, 407.00 FEET
TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF OAK CREST HILL ROAD SE;
THENCE S01°34'43"W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 183.00 FEET; THENCE
S87°03'36"W, 391.50 FEET; THENCE N03°16'58"W, 180.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.66 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
SECTION II. ZONING MAP. The building official 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 the ordinance as approved 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
record the same in the Office of the County Recorder, Johnson County, Iowa, at the Applicant's
expense, upon the final passage, approval and publication of this ordinance, as provided bylaw.
Ordinance No. 10-4395
Page 2 of 2
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 15th day of June , 2010.
MAYOR
ATTEST: ~ ~
CITY CLER
Approved by
~ticric ~~i.i
City Attorney's Office s ~a (~ ~~v
Ordinance No. ~r~_
Page 3
It was moved by Bailey and seconded by Wright that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
g Bailey
x Champion
x Dickens
~.,- Hayek
x Mims
x Wilburn
x Wright
First Consideration ~~ ~ / 2n i n
Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: None.
Second Consideration ---------------------
Vote for passage:
Date published June 23, 2010
Moved by Bailey, 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
bP voted anon for final passage at this time. AYES: Mims, Wilburn, Wright, Bailey, Champio
Dickens„ Hayek. NAYS: None. ABSENT: None.
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MMS C~I~SULTANTS, INC.
IOWA CITY IOWA
OFFICE: 319-351-8282
CEDAR RAPIDS IOWA
OFFICE: 319-841-5188
Cecuu~l
4d.-.
Your Vision + Our Innovatio~t =Inspired Results
June 2, 2010
City of Iowa City
Attn: Marian Karr
410 E Washington
Iowa City, IA 52244
Project #8474-001
Re: Johnson County Agricultural Extension District - 4265 Oak Crest Hill Rd SE (REZ10-00002)
Dear Marian:
On behalf of our client, Johnson County Agricultural Extension District, MMS Consultants, Inc.
would like to request the City Council to combine the second and third readings for the rezoning ordinance
in regards to approximately 1.66 acres of land located at 4265 Oak Crest Hill Road SE. We are requesting
the land which is currently zoned Agricultural (A) be rezoned to Institutional Public (P2). Please contact
me if you have any further questions.
Respectfully submitted,
s ~~
Sandra Steil
MMS Consultants, Inc.
~~
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T:\8474\8474-001-\8474001 L7. DOC
1917 S. GILBERT ST. • IOWA CITY • IOWA 52240
WEBSITE: WWW.MMSCONSULTANTS.NET EMAIL: MMS@MMSCONSULTANTS.NET
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Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ10-
00004)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF LAND
FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED
DEVELOPMENT-OFFICE RESEARCH PARK (OPD-ORP); AND APPROXIMATELY 56.48
ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO
OVERLAY PLANNED DEVELOPMENT-RESEARCH DEVELOPMENT PARK (OPD-RDP); AND
APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH
PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-MIXED USE (OPD-MU) FOR
PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1
WITH INTERSTATE 80. (REZ10-00004)
WHEREAS, the applicant, Moss Green Development Corporation, filed with the City Clerk of
Iowa City, Iowa, an application for a planned development rezoning for an office research park
and mixed-use commercial development for a total of approximately 141.29 acres of land located
northwest of the interchange of State Highway 1 and Interstate 80; and
WHEREAS, the City's Comprehensive Plan indicates that this area is particularly suited for
office and research development park uses due to its proximity to Interstate 80 and other
successful office research park firms;
WHEREAS, the Planning and Zoning Commission has concluded that a smaller, mixed-use
area of office, retail, related services and higher density residential uses developed in a manner
that would complement and support the large office research park would be consistent with the
Comprehensive Plan; and
WHEREAS, the applicant has submitted a conceptual master plan for the planned
development indicating private street rights-of-way; building locations, conceptual building
designs, parking lot and parking structure locations, mid-block pedestrian connections; green
infrastructure systems, preservation of woodlands and the Rapid Creek stream corridor, location
of trails, stormwater ponds, landscaping features, and other amenities; and
WHEREAS, the Planning and Zoning Commission has recommended that the conceptual
master plan for the development that was submitted by the applicant should be recorded as a part
of the planned development plan and final site plans should be reviewed by the Commission for
compliance with said master plan; and
WHEREAS, certain variations from the underlying zoning and street requirements are
necessary to allow clustering of buildings away from the sensitive areas, to facilitate green
building techniques, and to create a more cohesive, urban streetscape; and
WHEREAS, to ensure that storefronts along Moss Place are reserved primarily for commercial
uses, the Planning and Zoning Commission recommends certain restrictions on the types and
location of residential uses within the Mixed Use area;
WHEREAS, the Department of Planning and Community Development and the Public Works
Department have examined the Sensitive Areas Development Plan, Preliminary Planned
Development Plan, and conceptual master plan and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned
Development Plan, Sensitive Areas Development Plan, and conceptual master plan and after due
deliberation and consideration of the application materials and the staff recommendations, has
recommended approval; 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
Ordinance No.
Page 2
WHEREAS, Owner has agreed that the property shall be developed in accordance with the
terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL:
1. The approximately 60.32 acre property legally described in Exhibit A, Parcel 1, attached and
incorporated herein, is hereby reclassified from Interim Development Research Park (ID-RP) to
Overlay Planned Development - Office Research Park (OPD-ORP), with the following
modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances 14-
2 D-4:
A. The minimum front setback shall be 20 feet, the maximum front setback shall be 60
feet, the minimum side setback shall be 20 feet; on applicable lots, the rear setback shall
be the construction limit line as shown on the sensitive areas development plan; and the
minimum setback from the Interstate-80 right-of-way shall be 50 feet; and
2. The approximately 56.48 acre property legally described in Exhibit A, Parcel 2, attached and
incorporated herein, is hereby reclassified from Interim Development-Research Park (ID-RP)
to Overlay Planned Development -Research Development Park (OPD-RDP) with the following
modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances
14-2D-4 and the City's street standards:
A. The minimum building height shall be 20 feet; the maximum building height shall be 75
feet; the minimum front setback shall be 10 feet; and the maximum front setback shall be
20 feet; and on applicable lots, the rear setback shall be the construction limit line as
shown on the sensitive areas development plan; and
B. On-street diagonal parking shall be allowed along the frontage of lots 2-4 and lots 10
and 11 as illustrated on the preliminary planned development plan and shall count toward
satisfying the minimum parking requirement for development on said lots.
3. The approximately 24.49 acre property legally described in Exhibit A, Parcel 3, attached and
incorporated herein, is hereby reclassified from Interim Development-Research Park (ID-RP) to
Overlay Planned Development-Mixed Use (OPD-MU) with the following modifications to the lot
dimensional requirements, floor area limitations and land uses allowed as set forth in Iowa City
Code of Ordinances 14-2C and 14-4B and the City's street standards:
A. The minimum building height shall be 20 feet; the maximum building height shall be 60
feet; the minimum front setback shall be 10 feet; the maximum front setback shall be 20
feet; the minimum side setback shall be zero feet, and the rear setback shall be the
construction limit line as shown on the sensitive areas development plan; and
B. For Personal Service-Oriented Retail Uses and Eating Establishments, there shall be
no floor area size limitation. For Sales-Oriented Retail uses, the maximum floor area shall
be 10,000 square feet; and
C. The building articulation standard as set forth in subsection 14-2C-8M of the zoning
code shall apply instead of the building scale standard in the Mixed Use Zone, 14-2C-9G;
and
D. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached Single
Family Dwellings are prohibited; and
Ordinance No.
Page 3
E. All land uses allowed within the Commercial Office (CO-1) Zone shall also be allowed
within this zone; and
F. On-street diagonal parking as illustrated on the preliminary planned development plan
shall be allowed and shall count toward satisfying the minimum parking requirement for
development on said lots.
SECTION II. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and
directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property
owner and the City, following passage and approval of this Ordinance.
SECTION III. 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 IV. 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,
the associated conditional zoning agreement, planned development plan, sensitive areas
development plan, and conceptual master plan for Moss Green Urban Village 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 V. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
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 , 2010.
MAYOR
ATTEST:
CITY CLERK
Approved by
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City Attorney's Office S ~S //U
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 5/10/2010
Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims.
NAYS: None. ABSENT: None.
Second Consideration 6/1/2010
Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: None.
Date published
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ10-00004)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Moss Green Development Corporation (hereinafter"Owner").
WHEREAS, Owner is the legal title holder of approximately 141.29 acres of property
located northwest of the interchange of State Highway 1 with Interstate 80; and
WHEREAS, the Owner has requested the rezoning of said property from Interim
Development-Research Park (ID-RP) to planned development overlay (OPD) zone with
approximately 60.32 acres rezoned to OPD-Office Research Park (OPD-ORP) and
approximately 56.48 acres rezoned to OPD-Research Development. Park (OPD-RDP) and
approximately 24.49 acres rezoned to OPD-Mixed Use (OPD-MU); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding clustering of buildings and parking areas away from streams, woodlands,
and other sensitive features, promotion of energy efficiency and conservation and creation of a
cohesive, urban streetscape according to the submitted master plan, that the requested zoning
and the various requested modifications to the zoning are consistent with the Comprehensive
Plan goals of environmental stewardship, expansion of job opportunities within the community,
and the intent of a sensitive areas development, conservation development, and mixed use
development, all three of which are accepted types of planned developments; and
WHEREAS, to ensure that storefronts along Moss Place are reserved primarily for
commercial uses that will complement and provide goods and services to support the office and
research development uses that are listed as the intended uses according to the Comprehensive
Plan, the Planning and Zoning Commission recommends certain restrictions on the types and
location of residential uses within the Mixed Use area; 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 acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for stewardship of sensitive environment features of the land;- and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Moss Green Development Corporation is the legal title holder of the property legally
described on Exhibit A, attached and incorporated herein; and
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Sensitive Areas Development Plan and that the
conditions imposed upon the property are reasonable and designed to satisfy public
needs caused by the requested zoning change. Further, the parties acknowledge that
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 the existing
regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, except as modified by ordinance through the planned development rezoning
process, as well as the following conditions:
a. The Applicant must receive approval of the final planned development site plans on
each lot from the Planning and Zoning Commission. Site plans will be reviewed for
general compliance with the master plan as submitted by the applicant to the City on
-April 1, 2010, which shall be attached to and recorded with the preliminary planned
development plan and this conditional zoning agreement; and
b. Moss Place will be constructed and platted as a private street with a public and
emergency access easement extending over the entire length and width of the
roadway and sidewalk, which easement shall be granted by Owner to the City in
writing; and
c. Moss Place must be built to the City's minimum construction standards for public
streets and shall be inspected and approved by the City prior to being opened to the
public; and
d. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached
Single Family Dwellings are prohibited in the OPD-MU zone; and
e. On land within the planned development zoned OPD-MU, residential uses are not
allowed within the first 30 feet of building depth as measured from the front building
wall facing Moss Place. Residential entrances, lobbies, stairwells, elevators and other
building features that provide access and safety for the residents are not included in
this restriction. In addition, up to 25% of the length of the ground level frontage of a
building that faces Moss Place may include live-work units that include both
commercial and residential functions. Live-work units that do not include any
residential functions on the ground level floor do not count toward this limit.
4. The Owner and 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 caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
-sold, redeveloped, or subdivided, all redevelopment shall conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
2
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Owner's expense.
Dated this day of
CITY OF IOWA CITY
Matt Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Ap~r~°fov/e)db~j/ ~ ff~~'~L/~
City Attorney's Office ,~ /~,~~J
2010.
By' ~L~%t.ln, ~ . 1 "C JAS ' ~YC a~i~f ~rv+
By:
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of A.D. 20 before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared 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 said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that 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
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
h is~ instru nt was acknowledg
-- as _
~[~e elopment Corporation.
VOI.DEMARS PEL®~ I
~~ Comtrdasl0lt Number 706502
M~tCommission F~cpires
ow /a ~?5 -70i'~
3
day of df'L~, 2010 by
r, of .Moss Green
EXHIBIT A
PARCEL 1
COMMENCING at the West'/4 Corner of Section 36, Township 80 North, Range 6 West of
the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°37'11" East, a
distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 1980.00 feet to the
POINT OF BEGINNING; THENCE South 82°24'15" West, a distance of 1,731.77 feet;
THENCE North 88°11'05" West, a distance of 925.94 feet; THENCE North 00°54'55"
West, a distance of 826.21 feet; THENCE North 62°47'54" East, a distance of 422.83 feet,
to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of
Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 22°09'35",
an arc length of 232.06 feet, and a chord which bears North 16°07'19" West having a
chord distance of 230.61 feet to a point of tangency; THENCE along the centerline of
Moss Place, North 05°02'31" West, a distance of 450.41 feet; THENCE North 84°57'29"
East, a distance of 279.49 feet; THENCE South 59°45'54" East, a distance of 302.28 feet;
THENCE South 65°24'52" East, a distance of 341.75 feet; THENCE South 12°12'33" East,
a distance of 200.43 feet; THENCE South 66°23'38" East, a distance of 486.33 feet;
THENCE South 72°38'46" East, a distance of 211.24 feet; THENCE South 52°41'52" East,
a distance of 115.01 feet, to the centerline of Moss Place, to a point on a curve; THENCE
along the centerline of Moss Place, along a curve to the right having a radius of 600.00
feet, a delta of 14°46'19", an arc length of 154.69 feet, and a chord which bears South
44°41'18" West having a chord distance of 154.26 feet; THENCE South 37°55'33" East, a
distance of 958.63 feet, to the POINT OF BEGINNING, containing 60.32 acres, more or
less.
PARCEL 2
COMMENCING at the West'/4 Corner of Section 36, Township 80 North, Range 6 West
of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°37'11" East, a
distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 526.94 feet to the
POINT OF BEGINNING; THENCE South 00°46'46" East, a distance of 1453.60 feet;
THENCE North 37°55'33" West, a distance of 958.63 feet, to the centerline of Moss
Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve
to the left having a radius of 600.00 feet, a delta of 14°46'19", an arc length of 154.69
feet, and a chord which bears North 44°41'18" East having a chord distance of 154.26
feet to a point on a line; THENCE North 52°41'52" West, a distance of 115.01 feet;
THENCE North 72°38'46" West, a distance of 211.24 feet; THENCE North 66°23'38"
West, a distance of 486.33 feet; THENCE North 12°12'33" West, a distance of 200.43
feet; THENCE North 65°24'52" West, a distance of 341.75 feet; THENCE North 59°45'54"
West, a distance of 302.28 feet; THENCE South 84°57'29" West a distance of 279.49
feet, to the centerline of Moss Place; THENCE along the centerline of Moss Place, South
05°02'31" East, a distance of 450.41 feet to a point of curve; THENCE along the
centerline of Moss Place, along a curve to the left having a radius of 600.00 feet, a delta
of 22°09'35", an arc length of 232.06 feet, and a chord which bears South 16°07'19" East
having a chord distance of 230.61 feet to a point on a line; THENCE South 62°47'54"
West, a distance of 422.83 feet; THENCE North 00°54'55" West, a distance of 838.39
feet; THENCE North 00°54'55" West, a distance of 359.05 feet; THENCE North 89°41'57"
West, a distance of 124.46 feet; THENCE North 00°47'26" West, a distance of 842.36
feet, to the centerline of Oakdale Boulevard; THENCE along the centerline of Oakdale
Boulevard, South 57°50'23" East, a distance of 579.85 feet; THENCE along the
centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00
feet, a delta of 31 °28'37", an arc length of 549.38 feet, and a chord which bears South
73°35'07" East having a chord distance of 542.50 feet to a point of tangency; THENCE
along the centerline of Oakdale Boulevard, South 89°19'26" East, a distance of 494.87
feet to a point of curve; THENCE along the centerline of Oakdale Boulevard, along a
curve to the left having a radius of 1,000.00 feet, a delta of 08°38'45", an arc length of
150.90 feet, and a chord which bears North 86°21'12" East having a chord distance of
° ~ „
150.75 feet to a point on a line; THENCE South 00 40 34 West, a distance of 119.01
feet; THENCE South 63°43'48" West, a distance of 216.02 feet; THENCE South
46°57'56" West, a distance of 219.04 feet; THENCE South 00°40'56" West, a distance of
122.03 feet; THENCE South 72°50'57" East, a distance of 218.30 feet; THENCE South
51°53'02" West, a distance of 144.00 feet; THENCE South 54°00'28" East, a distance of
149.77 feet; THENCE South 76°54'00" East, a distance of 396.41 feet; THENCE South
62°33'35" East, a distance of 179.97 feet; THENCE North 70°47'47" East, a distance of
97.77 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the
centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta
of 10°35'07", an arc length of 110.85 feet, and a chord which bears South 13°54'40" East
having a chord distance of 110.69 feet to a point on a line; THENCE North 81°22'53"
East, a distance of 342.85 feet, to the POINT OF BEGINNING, containing 56.48 acres,
more or less.
PARCEL 3
THENCE South 00°37'11" East, a distance of 468.89 feet to a point on the centerline of
Oakdale Boulevard which is the POINT OF BEGINNING; THENCE South 00°37'11"
East, a distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 526.94
feet; THENCE South 81°22'53" West, a distance of 342.85 feet, to the centerline of
Moss Place, a point on a curve; THENCE along a curve to the left having a radius of
600.00 feet, a delta of 10°35'07", an arc length of 110.85 feet, and a chord which bears
North 13°54'40" West having a chord distance of 110.69 feet to a point on a line;
THENCE South 70°47'47" West, a distance of 97.77 feet; THENCE North 62°33'35"
West, a distance of 179.97 feet; THENCE North 76°54'00" West, a distance of 396.41
feet; THENCE North 54°00'28" West, a distance of 149.77 feet; THENCE North
51°53'02" East, a distance of 144.00 feet; THENCE North 72°50'57" West, a distance of
21.8.30 feet; THENCE North 00°40'56" East, a distance of 122.03 feet; THENCE North
46°57'56" East, a distance of 219.04 feet; THENCE North 63°43'48" East, a distance of
216.02 feet; THENCE North 00°40'34" East, a distance of 119.01 feet, to the centerline
of Oakdale Boulevard; THENCE along the centerline of Oakdale Boulevard, along a
curve to the left having a radius of 1,000.00 feet, a delta of 34°24'41 ", an arc length of
600.59 feet, and a chord which bears North 64°49'29" East having a chord distance of
591.61 feet to a point of tangency; THENCE along the centerline of Oakdale Boulevard,
North 47°37'08" East, a distance of 23.25 feet to a point of curve; THENCE along the
centerline of Oakdale Boulevard, along a curve to the right having a radius of 1,000.00
feet, a delta of 20°04'49", an arc length of 350.47 feet, and a chord which bears North
57°39'33" East having a chord distance of 348.68 feet to the POINT OF BEGINNING,
containing 24.49 acres, more or less.
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Date: May 25, 2010
From: Ed Moreno
To: Rick Fosse
CITY OF IOWA C1Tl'~
MEMORANDUM
Re: Ordinance Amendment -Water Schedule of Fees
Outlined below are proposed changes to Title 3, Chapter 4, Schedule of Fees,
Charges, Bonds, Fines and Penalties, Section 3, Potable Water Use and Service.
These changes are related to several material and service charges that have not been
increased since the 1980's and early 1990's and do not accurately reflect the actual
costs for materials and staff salaries that have increase yearly.
We are requesting that the proposed ordinance changes begin in July of FY '11 per the
request of the Revenue Division.
Please review this information and let me know if you have any questions or comments.
Fee Increases For 2010
Service Fees Normal Hours After Hours
New
Descri tion Old Fee New Fee Old Fee Fee
Reconnection of discontinued $ 20.00 $ 35.00 $ 40.00 $ 70.00
1 service
$ 20.00 $ 35.00 $ 40.00 $ 70.00
2 Cardin fee
$ 40.00 $ 70.00
3 An after hours fees
$ 35
00 $ 62.00 Not done after
4 Check water meter . hours
Not done after
5 Annual fire h Brant fee $ 50.00 $ 88.00 hours
CC: Kevin O'Malley
Melissa Miller
Jude Moss
Prepared by: Ed Moreno, Superintendent, Water Division, 410 E. Washington, Iowa City, Iowa 52240, 319-356-5162
ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES,
CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE.
WHEREAS, Iowa City Code section 3-4-3: Potable Water Use And Service sets
the amount of fee, charge, bond fine and penalty for various water use and service
matters; and
WHEREAS, the City wishes to more closely align water meter charges and water
service fees with the cu' ent cost to provide these water meters anGl with the current la~9r
and equipment costs to p ovide these services. c~ r~
WHEREAS, it is i the best interest of the public to adopt his ordina>~.
NOW, THEREFO , BE IT ORDAINED BY THE CIT COUNCI~ TAE
CITY OF IOWA CITY, IO A: -"~ ~' ""
` ~ ,,..
~-p
SECTION I.AMEND NTS: i - ~= ~
TITLE 3, FINANCES, T XATION AND FEES, CI~APTER 4, SCHEDULE OF '`~~~
FEES, RATES, CHARGES, BO S, FINES AND PENA ITIES, SECTION 3, `~''
POTABLE WATER USE ANDS VICE is hereby ame ded by deleting it in its
entirety and replacing it as follows:
3-4-3: POTABLE WATER USE ANI~SERVICE:
Meter Charge (nonrefundable) (16-3C-4) - b Meter ize (Inches) Charge
type of meter and size:
~
Meter, including meter reading device - 5/ ", 5/8" x 3/4 " ~
$185.Oi~
Ecoder R900i -
__
~ ____ ___
3/4"
~
$210.00
-
~
~~ --
1 " $240.00
_ .- _ ____
__
1 1 /2"
5.00
$480.00
Meter, including meter reading device - ~ 2" $560.00
Turbine Ecoder R900i _
--------_`--
: - - 3"
~- $820.00
_-____...~_~ 411 $1,235.00
~ _ _
_ __ ~~ 6" $2,210.00
Meter, including meter reading devi e - 2" $1,460.00
Compound Ecoder R900i
~ 3 $1,985.00
__ _~._ 4" $2,585.00
_
~~ _ _~ _..
- - --
Water Service Charge (16-3A-4) for first 100
cubic feet or less of water used, based on
Meter Size (Inches)
Charge -----~
meter size.
_. -- -_--"
~ 5/8", 5/8" x 3/4 "
~
~ $6.75
~
_
--_
____~ _=J
~ 3/4" -_ .~
~ I
____
$7.37
~
--- ----~
~~ ,
~ .
~ 1 ~~
~ 1 %Z" $8.69
$17.34
_____________
~~ ~ ~ 2" $23.30
C-- 3" $43.
_.__
4 5.13
-_-~_...__ ~ _ __-:~
~__=: ~~ g„_____~ $151
_
There will be no minimum monthly charg for a single purpose water met fo~hetmonths of<A~
November to rch if no water is used. c~f -~` ~' ` °`~"
~~' a ~~
~.:~ ~ -~-
User charges for water in excess of 100 cubi feet per mo h:
~
~ Montli'1y Usa~~Fee per
100 cubic-#eet
--
~-~-~
~y
Dual purpose meters: 3,000 $2.99~
~
~~ _ v 3,000 $2.15
Single purpose meters: Over 00 $2.99
Other Charges and Discounts: ~ ~m~y (~ Amount
Returned check/automatic bank debit for yment of city utility servi es:
_ __ _ ~ $25.00
I
_ ____ _
Discount for combined accounts enroll din SurePay, per billing ~ $1.00
_ _
Temporary Water Use (16-3A-4B) During construction for the first 9 t
,days from the date of the connect' n to the water main for a new wat
a for reconstruction:
mum of 90 d
service or a maxi
_
_
__
Single and two family reside es, per month
$15.00
Multi-family residences, per month ~~ ~ ~ $15.00 --v~
Commercial structures, per~month ~~-~ $25.00
Temporary Water Use after 90 days for any structure, per month, until the $100.00
water meter is installed
Direct purchase of water fee, per 200 gallons or fraction thereof (16-3/~ ~~$0~55
4C) _ _ ____ -~~.._ --
Depositand delinquency fee for combined city water and/or sanitary sewer
and/or solid waste collection accounts (16-3A-5): ~__ _ _
Residential owner account _
--~-~
$0.00
Residential tenant account $80.00
Commercial account
_ An amount equal to an
average two month
billing for commercial
service for city water
nd/or sanitary sewer
ervice
Five percent delinquency charge on current billed portion of the outstand~
water and/or sanitary sewer and/or solid waste account that is not paid w' h g amount on combined
in 22 days of billing date.
Delinquency deposit fee for combined water and/or sanitary sewer and/ r
solid waste collec ~ n accounts (16-3A-5) An amount equal to an
average two month
billing for the delinquent
__ account
Extension of major feede lines (oversizing) $395.00 per acre
Water Main Installation and
connection fees:
Size: ~
~
.._1
_.
~
- Cost per linear
~___._ foot ___~
_
_
_
_
~_ 6" _ ~~ ~ $20.10
8" $22.35
~
10" -
$2680
12" $33.20
16" $44.00
ti~
~~
~ Grp ca a~
:a
~d ~
.~
c-, _, - r\~ ,l~,x,s
~,~,
m ~
~~;..V
~- .~.~,.
x-~ ~ ~
----
~` -
~- ..
;-,,,
Service Fees: ____
~~ ' Fee During
Normal Working
Hours Additional Service
Fee After Normal
Workin Hours"*
Reconnection of disconti ed service _ ~
Posting fee for shu ~ g off water in collection procedure
~ $35.00
$35.00 $70.00
Not done after normal
working hours
Frozen Water Meters $35.00, plus cost
of meter $70.00, plus cost of
meter
Shut off water service at curb and check for exterior leak No charge $70.00, plus hourly rate
of overtime over 2
hours
Broken Or Damaged Hydrant _____ _ ~^~ ~ Repair Cost $70.00, plus repair cost
Location of city-owned water main for other utilities ~ _ ~ No charge No charge
__
Location of city-owned water main for private enterprise ~
No charge _
$70.00, plus hourly rate
of overtime over 2
hours
Check water meter for accuracy at consumer's request ~ $62.00 Not done after normal
working hours ~
__ _~_~
Annual fire hydr t fee for inspection and operation of fire hydrants ___..
$88.00 ~ - ~i
Not done after normal
which are privately caned or owned by other government agenci working hours
""This fee is in additio o any fees charged for work done duri normal working hours. The Water Division's
normal working hours ar 7:00 a.m. to 3:30 p.m., Monday thro gh Friday.
SECTION II. REPEALE All ordinance and parts of ordinances in conflict with
the provision of the Ordinance are reby repea d.
SECTION III. SEKV1~;KA131LlI~Y•
Ordinance shall be adjudged to be invalid
affect the validity of the Ordinance as a w}
not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE_D I
final passage, approval and publication, as
Passed and approved this
Mayor
ATTEST:
CITY CLERK
If ny section, provision or part of the
.r nconstitutional, such adjudication shall not
le or any section, provision or part thereof
shall be effective after its
by law.
day of
2010.
City Attorney's Office
.~..-
~~~ -c
C7~. N
~_~..y
-- ~;~,
,r`" ~ ,~~, v"< ~ ~
_... ~.,
.. :;
^.a
Prepared by: Ed Moreno, Superintendent, Water Division, 410 E. Washington, Iowa City, Iowa 52240, 319-356-5162
ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES,
CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE.
WHEREAS, Iowa City Code section 3-4-3: Potable Water Use And Service sets
the amount of fee, charge, bond fine and penalty for various water use and service
matters; and
WHEREAS, the City wishes to more closely align water meter charges and water
service fees with the current cost to provide these water meters and with the current labor
and equipment costs to provide these services.
WHEREAS, it is in the best interest of the public to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
SECTION 1.AMENDMENTS:
TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF
FEES, RATES, CHARGES, BONDS, FINES AND PENALITIES, SECTION 3,
POTABLE WATER USE AND SERVICE is hereby amended by deleting it in its
entirety and replacing it as follows:
3-4-3: POTABLE WATER USE AND SERVICE:
Meter Charge (nonrefundable) (16-3C-4) - by
type of meter and size: Meter Size (Inches) Charge
Meter, including meter reading device -
Ecoder R900i 5/8", 5/8" x 3/4~` ~
_ $185.00
3/4" $210.00
1 ° $240.00-~
1 1 /2" $375.00
2" ~ $480.00
Meter, including meter reading device -
Turbine Ecoder R900i 2" ~ $560.00
3" ~ $820.00
4" $1,235.00
g" $2,210.00
Meter, including meter reading device -
Compound Ecoder R900i 2" $1,460.00
3" $1,985.00
C4" ~ $2,585.00
g" $4,170.00
Water Service Charge (16-3A-4) for first 100
cubic feet or less of water used, based on
meter size. Meter Size (Inches) Charge
5/8", 5/8" x 3/4 "
-~ $6.75
3/4"
~
__-" $7.37-~
~
C 1 ~~
JI $8.69
1 '/2" $17.34
2" ~ $23.30
3"
- $43.06
4" ~ $75.13
C- g" ~ $151.17
There will be no minimum monthly charge for a single purpose water meter for the months of
November to March if no water is used.
User charges for water in excess of 100 cubic feet per month: Monthly Usage Fee per
100 cubic feet
Dual purpose meters: 101- 3,00 $2.99
Over 3,000 $2.15
Single purpose meters: Over 100 -~ $2.99
Other Charges and Discounts: Amoun~
Returned check/automatic bank debit for payment of city utility services: $25.00
Discount for combined accounts enrolled in SurePay, per billing $1.00
Temporary Water Use (16-3A-4B) -During construction for the first 90
days from the date of the connection to the water main for a new water
service or a maximum of 90 da s for reconstruction:
Single and two family residences, per month $15.00
Multi-family residences, per month $15.00
Commercial structures, per month $25.00
Temporary Water Use after 90 days for any structure, per month, until the
water meter is installed $100.00
Direct purchase of water fee, per 200 gallons or fraction thereof (16-3A- $0.55
4C)
Deposit and delinquency fee for combined city water and/or sanitary sewer
and/or solid waste collection accounts (16-3A-5):
Residential owner account $0.00
Residential tenant account $80.00
Commercial account An amount equal to an
average two month
billing for commercial
service for city water
and/or sanitary sewer
service
Five percent delinquency charge on current billed portion of the outstandin g amount on combined
water and/or sanitary sewer and/or solid waste account that is not paid with in 22 days of billing date.
Delinquency deposit fee for combined water and/or sanitary sewer and/or An amount equal to an
solid waste collection accounts (16-3A-5) average two month
billing for the delinquent
account _
Extension of major feeder lines (oversizing) $395.00 per acre
Water Main Installation and
connection fees:
Size: Cost per linear
foot
6"
8"
" $20.10
$22.35
10
12" $26.80
$33.20
16" $44.00
Service Fees: Fee During Additional Service
Normal Working Fee After Normal
Hours Workin Hours**
Reconnection of discontinued service $35.00 $70.00
Posting fee for shutting off water in collection procedure $35.00 Not done after normal
working hours
Frozen Water Meters $35.00, plus cost $70.00, plus cost of
of meter meter
Shut off water service at curb and check for exterior leak No charge $70.00, plus hourly rate
of overtime over 2
hours
Broken Or Damaged Hydrant Repair Cost $70.00, plus repair cost
Location of city-owned water main for other utilities
Location of city-owned water main for private enterprise No charge
No charge No charge
$70.00, plus hourly rate
of overtime over 2
Check water meter for accuracy at consumer's request
$62.00 hours
Not done after normal
working hours
Annual fire hydrant fee for inspection and operation of fire hydrants
which are privately owned or owned by other government agencies $88.00 Not done after normal
working hours
**This fee is in addition to any fees charged for work done during normal working hours. The Water Division's
normal working hours are 7:00 a.m. to 3:30 p.m., Monday through Friday.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with
the provision of the Ordinance are hereby repealed.
SECTION III. SERVERABILITY. 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 after its
final passage, approval and publication, as provided by law.
Passed and approved this
day of , 2010.
Mayor
ATTEST:
CITY CLERK
~~ ~~~~
City Attorney's Office ~/a lI D
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 6 / 15 / 2010
Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims.
NAYS: None. ABSENT:
Second Consideration
Vote for passage:
None.
Date published
;` ca
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND
PROPERTY," CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS" TO REGULATE
THE COMMERCIAL USE OF PARKS.
WHEREAS, the City presently does not prohibit the commercial use of City parks; and
WHEREAS, it is in the City's interest to prohibit the use of parks for a commercial purpose unless
approved by the Parks and Recreation Director.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks," is hereby amended by adding the following
new Subsection K:
Commercial Use: No commercial use of City parks is allowed except as approved by the
Director.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
SECTION IV. 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 V. 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 , 2010.
MAYOR
ATTEST:
CITY CLERK
Approved by
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 6/1/2010
Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright.
NAYS: None. ABSENT: None.
Second Consideration 6/15/2010
Vote forpaSSage:AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: None.
Date published