HomeMy WebLinkAbout2013-03-05 OrdinanceCity of Iowa City
MEMORANDUM
Date: February 1, 2013
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: Zoning Code amendments - 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 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 these requirements."
Challenges in regulating Nonconforming Development
Changes to the zoning code adopted in 2005 brought the City's regulations in line with
current accepted practice with regard to commercial site design. However, there are
many older properties that are noncompliant with these new standards and when there
is redevelopment, expansion or building alterations proposed on one of these properties,
the provisions in Section 14 -4E -8, Nonconforming Development, are intended to provide
flexibility and in some cases relief from full compliance with the current site development
standards.
As you may recall, we have made several adjustments to these nonconforming
provisions in 2010 and again in 2012 to make it easier for older properties to be re -used
or redeveloped, while ensuring that over time sites would be brought into compliance.
The challenge has been to find the right set of triggers that allow buildings on existing
properties to be improved, re -used, or expanded, while at the same time requiring a
minimum amount of investment in site improvements that will gradually bring a site into
compliance with screening, landscaping, lighting and other outdoor elements of the site.
While the changes in 2012 established a minimum threshold before site improvements were
required, the thresholds and triggers have not worked as well as we hoped. The code require;
that if a proposed improvement project is valued at 35% or more of the assessed value of the
property or if the project value is at or above $25,000 (whichever amount is less), then the site
Page 2
must be brought into a degree of compliance based on the amount of the investment. Up to
10% of the project value is required to be spent on site compliance. For instance, if an interior
remodeling project is valued at $50,000, the owner would be required to spend up to, but no
more than $5,000 on site compliance.
While this is definitely a fairer path to compliance, the triggers have proven problematic. With
the previous regulations and with this most recent ordinance amendment, contractors and
property owners are often unaware of the additional requirement to make changes to an existing
parking lot or outdoor storage area until they came in to apply for a permit. When they come in
for a building permit are being told to add another 10% to their project costs for site
improvements after they had estimated and budgeted costs for a project. This does not go over
well, especially when most projects only involve an interior remodel.
Based on these concerns, staff recommends deleting the dollar or assessed value
triggers and instead establishing a standard whereby only structural alterations that
actually result in an increase in the occupancy load of a building or increase the number
of bedrooms or dwelling units, or otherwise increase the allowable residential occupancy
of a building will trigger additional requirements to bring nonconforming site elements
into compliance or closer into compliance with current standards. To that end, staff
recommends that Section 14 -4E -8, Regulation of Nonconforming Development be
amended as proposed on the following pages. This will ensure that such things as
interior remodeling or regular maintenance of existing buildings will not trigger a
requirement for unanticipated improvements to a site. Please note underlined text is new
language, while strike - through notation indicates that text is to be deleted. Other
language is provided for context and is to remain unchanged.
Conclusion
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: : G't I Cr-)
Robert Miklo, Senior Planner P
Department of Planning and Community Development
Amend paragraphs 1, 2, and 3 in subsection 14- 4E -8A, General Provisions, as specified below:
14 -4E -8 Re ulation of Nonconformin 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 or altered, provided such change in use or alteration does not increase
or extend the nonconformity and provided the applicable compliance standards listed
in this section are met.
2. Alterations
When structural alterations are made to a building or buildings on a property that
contains nonconforming development, and said structural alterations result in an
increase in the occupancy load of a building or increase the number of bedrooms
number of dwelling units, or otherwise increase the allowable residential occupancy
of a building,
subpaFag the site must be brought into conformance with the
development standards listed in subparagraph b., up to the cap stated in
subparagraph c.
. Certain structural alterations are exempt from the
requirements of this paragraph as listed in subparagraph a below. MaFldateFy
tS feF fiFe, life sa" and aecessibility shall be exempt ffem this piceyisieli
Eemplianee .she stated tL..-.,..L e'd �
cumulatoye.
a. Exemptions ThFOsholds
Improvements for fire, life safety and accessibility shall not trigger a
requirement to bring nonconforming development into compliance
all en the site, ineluding sites with multiple tenants in ene e
b. Standards that must be met
Development not in compliance with the development standards listed below
must be brought into conformance or be granted a minor modification.
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, at its discretion, may also waive or
modify by minor modification any standards that cannot be met due to a conflict
with any other requirement of this Title.
(1) Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas along street -side lot lines according to the
applicable screening standard. Setback requirements may be modified to
address site constraints;
(2) Screening of existing parking, loading, vehicular use areas, and 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.
Setback requirements may be modified to address site constraints;
(3) Outdoor lighting standards;
(4) Bicycle parking requirements;
(5) Street and residential tree requirements;
(6) Design, layout, landscaping, and tree requirements within parking areas;
(7) Pedestrian circulation standards;
(8) Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas along side or rear lot lines. Setback requirements
may be modified to address site constraints;
(9) Access management standards.
C. Cap on the cost of compliance.
The standards listed in subparagraph b. must be met for the entire site.
However, where the cost of compliance with the standards enumerated in
subparagraph b above exceeds 10 percent of the value of the pr-epesed
applicable structural alterations, the site shall be brought into compliance with
all site development standards up to this 10 percent cap. The value of the
structural alterations is based on the entire project not individual building
permits. It is the responsibility of the applicant to document that the cost of the
required site development improvements will be greater than 10 percent of the
value of the proposed structural alterations to the building or buildings on the
site. If not all site improvements are being made, due to the cost exceeding the
cap, the extent and location of the site improvements below the cap will be
determined by the City and shall generally follow the order of priority listed in
subparagraph b, above. However, at the discretion of the City, the order of
priorities may be adjusted in response to specific site characteristics and traffic
safety concerns in order to maximize the benefits of site improvements for site
users, adjacent properties, and the public.
3. Damaged, Demolished or Destroyed Site
a. Restoration of a structure which has been damaged by fire, explosion, act of
God or by a public enemy shall not trigger a requirement to bring
nonconforming development into compliance
b. 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.
S1`1—
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City' #A'52240
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 14 -4E -8 OF THE ZONING CODETO DIFY HOW
NONCONFORMING DEVELOPMENT IS REGULATED
WHEREAS, the City's zoning code establishes rules that guide the use and evelopment of
properties that are legally nonconforming due to a change in the zoning esignation of a
property or a change in the zonin ` regulations; and
WHEREAS, it is the intent of he nonconforming provisions of the zoni g code to guide
future uses and development in a ' ection consistent with City policy, to pr tect the character
of an area by reducing the potential gative impacts from nonconforming ituations, and over
time, to bring development into compl nice with the City's regulations wh' a also providing for
flexibility and relief from the strict ap ication of zoning provisions so that properties can
continue in productive use over time; and
WHEREAS, the provisions in Section 1 -4E -8, Nonconforming Dev lopment, are intended
to provide flexibility and in some cases relie from the current site de elopment standards for
nonconforming property as they redevelop, ex nd, or change uses o r time; and
WHEREAS, while recent changes to the zo ing code brought t City's regulations in line
with current accepted practice with regard to co mercial site desi n, including screening and
buffering parking areas, outdoor storage areas, nd display lot from public sidewalks and
neighboring properties, there are many older prope ies that are noncompliant with these new
standards; and
WHEREAS, it is necessary to provide more fle;
from the strict application of new site development
practical or would unduly reduce the ability to use
location of existing buildings, or other site constraints.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY, IOWA:
SECTION I. The Code of Ordinances of the City
follows: /
:i 'lity an ,4 relief in certain
st da ds that would not
or r - se a property due
Cl
Iowa
A. Deleting paragraphs 14- 4E -8A -2 and 1� 4 -8A -3, and
circumstances
be feasible or
to topography,
IL OF THE CITY OF IOWA
, Iowa is hereby amended as
ng in lieu thereof:
2. Alterations
When structural alterations are made a building or buil ings on a property that
contains nonconforming developmen , and said structural Iterations result in an
increase in the occupancy load of a uilding or increase the umber of bedrooms,
number of dwelling units, or othe Ise increase the allowabl residential occupancy
of a building, the site must be br ght into conformance with he development
standards listed in subparagrap b., up to the cap stated in su c. Certain
structural alterations are exem from the requirements of this �aragraph
ragraph as listed in
subparagraph a., below.
a. Exemptions
Improvements for fir , life safety and accessibility shall not tr ger a
requirement to brin nonconforming development into compti nce.
b. Standards that rn st be met
Development no in compliance with the development standards listed below
Ordinance No.
Page 2
must be brought into conformance or be granted a minor modification.
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, at its discretion, may also waive or
modify by minor modification any standards that cannot be met due to a conflict
with any othe? requirement of this Title.
(1) Screening existing parking, loading, vehi la r use areas, and outdoor
storage and is play areas along street- sid lot lines according to the
applicable scr ning standard. Setback r uirements may be modified to
address site co traints;
(2) Screening of exist g parking, loading, ehicular use areas, and outdoor
storage and displa areas from the I a River or from any Parks and Open
Space Use, includin trails, accordin to the applicable screening standard.
Setback requiremen may be mod' ied to address site constraints;
(3) Outdoor lighting stand ds;
(4) Bicycle parking requirem nts;
(5) Street and residential tree eq irements;
(6) Design, layout, landscaping, nd tree requirements within parking areas;
(7) Pedestrian circulation stan r s;
(8) Screening of existing par ng, I ading, vehicular use areas, and outdoor
storage and display are along ide or rear lot lines. Setback requirements
may be modified to ad ress site nstraints;
(9) Access management tandards.
C. Cap on the cost of co liance.
The standards listed in Xubparagraph b. m st be met for the entire site.
However, where the c st of compliance wit the standards enumerated in
subparagraph b abov exceeds 10 percent o the value of the applicable
structural alteration , the site shall be brough into compliance with all site
d/be pment stan rds up to this 10 percent c p. The value of the alterations is
bon the enti project, not individual build g permits. It is the
rsibility of a applicant to document that t e cost of the required site
dpment i provements will be greater than 1 percent of the value of the
ped str tural alterations to the building or b 'Idings on the site. If not all
sprove ents are being made, due to the cost xceeding the cap, the
e and ocation of the site improvements below t e cap will be deterpiined
bCi and shall generally follow the order of prio ity listed in subpWagraph
b . However, at the discretion of the City, the o der of priorities -may be- ain response to specific site characteristics and traffic saf concerns i-0 a
oo maximize the benefits of site improvements for site use, adjapent
pties, and the public.
W:
�2
Ordinance No.
Page 3
3. Damaged, Demolished or Destroyed Site
a. Restoration of a structure, which has been damaged by fire, explosion, act of
od or by a public enemy shall not trigger a requirement to bring
nonconforming development into compliance.
b. When a.,use is proposed for a property where the principal building(s) have
been de' Nbase r destroyed, but that contains nonconforming development,
such as paving, exterior lighting, signage, etc, the property must be
brought liance with all applicable site development standards as set
forth in one and in Chapter 14 -5. 7
SECTION II. REPEALER. All or 'nance
of this Ordinance are hereby repeale .
SECTION III. SEVERABILITY. If la
adjudged to be invalid or unconstitution
Ordinance as a whole or any section,
unconstitutional.
SECTION IV. EFFECTIVE DATE. This
approval and publication.
Passed and approved this day of
sand parts of ordinances in onflict with the provisions
section, provision or pa of the Ordinance shall be
such adjudication sha not affect the validity of the
,rovision or part t reof not adjudged invalid or
in effect after its final passage,
2013.
MAYOR �pproved by
ATTEST:
CITY CLERK
i
i'
l
Se
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 14 -4E -8 OF THE ZONING CODE TO MODIFY HOW
NONCONFORMING DEVELOPMENT IS REGULATED
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 paragraphs 14- 4E -8A -2 and 14- 4E -8A -3, and substituting in lieu thereof:
2. Alterations
When structural alterations are made to a building or buildings on a property that
contains nonconforming development, and said structural alterations result in an
increase in the occupancy load of a building or increase the number of bedrooms,
number of dwelling units, or otherwise increase the allowable residential occupancy
of a building, the site must be brought into conformance with the development
standards listed in subparagraph b., up to the cap stated in subparagraph c. Certain
structural alterations are exempt from the requirements of this paragraph as listed in
subparagraph a., below.
a. Exemptions
Improvements for fire, life safety and accessibility shall not trigger a
requirement to bring nonconforming development into compliance.
b. Standards that must be met
Development not in compliance with the development standards listed below
Ordinance No.
Page 2
must be brought into conformance or be granted a minor modification.
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, at its discretion, may also waive or
modify by minor modification any standards that cannot be met due to a conflict
with any other requirement of this Title.
(1) Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas along street -side lot lines according to the
applicable screening standard. Setback requirements may be modified to
address site constraints;
(2) Screening of existing parking, loading, vehicular use areas, and 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.
Setback requirements may be modified to address site constraints;
(3) Outdoor lighting standards;
(4) Bicycle parking requirements;
(5) Street and residential tree requirements;
(6) Design, layout, landscaping, and tree requirements within parking areas;
(7) Pedestrian circulation standards;
(8) Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas along side or rear lot lines. Setback requirements
may be modified to address site constraints;
(9) Access management standards.
C. Cap on the cost of compliance.
The standards listed in subparagraph b. must be met for the entire site.
However, where the cost of compliance with the standards enumerated in
subparagraph b above exceeds 10 percent of the value of the applicable
structural alterations, the site shall be brought into compliance with all site
development standards up to this 10 percent cap. The value of the alterations is
based on the entire project, not individual building permits. It is the
responsibility of the applicant to document that the cost of the required site
development improvements will be greater than 10 percent of the value of the
proposed structural alterations to the building or buildings on the site. If not all
site improvements are being made, due to the cost exceeding the cap, the
extent and location of the site improvements below the cap will be determined
by the City and shall generally follow the order of priority listed in subparagraph
b, above. However, at the discretion of the City, the order of priorities may be
adjusted in response to specific site characteristics and traffic safety concerns in
order to maximize the benefits of site improvements for site users, adjacent
properties, and the public.
Ordinance No.
Page 3
3. Damaged, Demolished or Destroyed Site
a. Restoration of a structure, which has been damaged by fire, explosion, act of
God or by a public enemy shall not trigger a requirement to bring
nonconforming development into compliance.
b. 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.
SECTION H. 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 , 2013.
MAYOR Approved by
ATTEST:
CITY CLERK City Attorney's Office al�I
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:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 3/5/2013
Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None..
Second Consideration _
Vote for passage:
Date published
5.�
City of Iowa City
MEMORANDUM
Date: February 1, 2013
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: Standards for Quick Vehicle Servicing in Towncrest and the Riverfront Crossings
District
Background
The City Council has recently adopted the Towncrest Design Review District and the
Riverfront Crossings District Master Plan. While each of these districts has a unique
character and scale, they both have a common goal: to facilitate the revitalization and
redevelopment of an underutilized central city area. The intent is to adopt policies and
regulations that will provide the opportunity for transforming these areas from an auto -
oriented development pattern to a more walkable urban pattern where people will feel
comfortable living, working and carrying on their daily tasks with a mix of businesses in
close proximity to their homes. A wide variety of businesses are needed to satisfy daily
needs. However, when residential uses are adjacent to or located on upper floors above
commercial uses it is more important to ensure that any externalities associated with
commercial activity are mitigated to the extent possible. Outdoor storage and work
areas, exterior lighting, parking areas, and drives need to be carefully located and
screened.
In the next year, we anticipate forwarding new zoning code standards that can be
applied more broadly and comprehensively to facilitate walkable urban redevelopment in
the Riverfront Crossings and Towncrest Districts. However, some property owners may
want to proceed with development projects prior to adoption of these new code
provisions. If specific issues come up that need to be addressed more immediately, we
may need to provide interim regulatory solutions.
Regulating Quick Vehicle Servicing Uses
We have identified one such issue: how to integrate Quick Vehicle Servicing Uses into
more walkable urban districts. Quick Vehicle Servicing Uses are businesses that provide
direct services for motor vehicles where the driver generally waits in the car or on -site
before and while the service if performed. Gas stations, quick lube businesses, and car
washes are common Quick Vehicle Servicing Uses. These uses are already allowed in
two of our more urban zoning districts, the Central Business Support (CB -5) and Central
Business Service (CB -2) Zones, but must comply with the Central Business Site
Development Standards that require more urban street frontages with buildings located
close to the street with parking and service areas located to the side or rear.
Staff recommends that the same urban standards that apply the CB -2 and CB -5 Zones
be applied for Quick Vehicle Servicing Uses in the Riverfront Crossings and Towncrest
Districts. In addition, since we have detailed design plans for both the Riverfront
Crossings District and Towncrest that identify specific goals and objectives for these
areas, staff recommends that Quick Vehicle Servicing Uses should be more carefully
Page 2
considered through a special exception process. The special exception process allows
the Board of Adjustment to consider the unique characteristics of each site proposed for
a use so that adequate buffers, screening, and building design and location are taken
into account based on goals and objectives of the Towncrest and Riverfront Crossings
Plan.
Recommendation
Staff recommends amending the Zoning Code as indicated on the following page. Table
2C -1, Principal Uses Allowed in the Commercial Zones will also need to be amended to
indicate that a special exception will be required for Quick Vehicle Servicing Uses in
these areas. In addition, it will be necessary to insert a map of the Riverfront Crossings
District into the Zoning Code to make it clear where this regulation applies. There is
already a Towncrest Design Review map in the Zoning Code that we can cross
reference for purposes of this new provision.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and Community Development
Amend paragraph 14- 48- 48 -12, Quick Vehicle Servicing, as indicated below:
(Please note that underlined text is new language to be added and the strike - through
notation indicates language to be deleted. Other language is included for context and will
remain unchanged.)
12. Quick Vehicle Servicing
a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and
service lanes, 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 (See Article 14 -5F, Screening and Buffering Standards).
b. Sufficient vehicle stacking spaces must be provided to prevent congestion and
vehicle conflicts along abutting streets.
C. Unenclosed canopies over gas pump islands must be setback at least 10 feet
from any street right -of -way. Fuel dispensing equipment must be setback at
least 10 feet from any street right -of -way and at least 100 feet from any
Residential Zone boundary, except in the CB -2 Zone. In the CB -2 Zone, fuel
dispensing equipment must be setback at least 10 feet from any street right -of-
way and at least 70 feet from any Residential Zone boundary.
d. All lighting must comply with the provisions of Article 14 -5G, Outdoor Lighting
Standards.
e. In the CN -1, CB -2, and CB -5 Zones, the proposed use will be designed and
developed with adequate separation and screening between vehicular use areas
and adjacent Residential Zones.
E In the CN -1, CB -2, and CB -5 Zones, car washes may contain no more than one
bay and are permitted only if built in conjunction with another Quick Vehicle
Servicing Use. The car wash must be located adjacent to and on the same
property as the other Quick Vehicle Servicing Use and must be set back an
adequate distance and screened to the S3 standard along any side or rear lot
line that abuts a Residential Zone boundary.
g. In the CN -1 Zone, no light source on the property, except for internally lit signs,
shall be higher than 15 feet above finished grade.
h. For properties located in the Towncrest Design Review District (See Towncrest
Design Review District Map in 14- 3C -2A -9) and the Riverfront Crossings District
See Figure 2C.8), Quick Vehicle Servicing Uses are only allowed by special
exception and must comply with the Central Business Site Development
Standards, as they would be applied to a properly in the CB -5 Zone.
i. For properties located in the CB -2 Zone CB -5 Zone, Riverfront Crossings
District, or Towncrest Design Review District, where it can be demonstrated that
the proposed Quick Vehicle Servicing Use cannot comply with a specific Central
Business Site Development Standard site develepment standaM of the 5
Zene, the Board of Adjustment may grant a special exception to modify or waive
the provision, provided that the intent of the development standard is not
unduly compromised. The Board of Adjustment may impose any condition or
conditions that are warranted to mitigate the effects of any variation from these
development standards.
T
-y,
-
�� � is
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 -358 -"5251
ORDINANCE NO.
AN ORDINANCE AMENDI G SECTION 14 -46 -12 AND TABLE 2 -1 OF THE,:., ONING
CODE TO INCLUDE NEW S NDARDS FOR QUICK VEHICLE ERVICING °USES IF
LOCATED IN THE TOWNCRE T DESIGN REVIEW DISTRICT R THE RIVERFRONT
CROSSINGS DISTRICT
WHEREAS, the City Council has ecently adopted the Towncrest esign Review District and
the Riverfront Crossings District Ma er Plan, and these districts share a common goal of
facilitating the revitalization and redevel ment of an underutilized c' y area; and
WHEREAS, the intent is to adopt po ies and regulations that ill provide the opportunity for
transforming these areas from an auto -or nted development pa ern to a more walkable urban
pattern; and
WHEREAS, where residential uses ar adjacent to or ocated
commercial uses, it is important to ensure a ernalities asso ated wit h
mitigated as much as possible, and outdoor s rage and
areas, and drives need to be carefully located anscreened;
WHEREAS, integrating auto - oriented uses, such as i
stations and similar) into Riverfront Crossings and 1
the new vision for these areas as pedestrian - orieni
uses presents unique challenges; and
WHEREAS, Quick Vehicle Servicing Uses are
urban zoning districts, the Central Business Support
zones, but must comply with the Central Business S'
street frontages with buildings located close to th i
located to the side or rear; and
WHEREAS, the same urban standards for 6
2 zones should be applied to these uses in the iveri
areas,
on upper floors above
commercial activity are
exterior lighting, parking
Duick Vehicle Servicing Uses (gas
,t in a manner that is compatible with
a mix of residential and commercial
allowed in two of Iowa City's more
and Central Business Service (CB -2)
lopment Standards that require urban
jth parking and vehicle service areas
Vehicle
ont Cro
WHEREAS, because detailed design pl ns for both the F
Towncrest identify specific goals and objec ves for these area;
should be carefully considered through a pecial exception pros
Adjustment to consider the unique chara eristics of each site pr
compatibility with the goals and objective of these design plans;
WHEREAS, the Planning and oning Commission has
recommended approval.
icing Uses in the CB -5 and CB-
s and Towncrest Districts; and
verfront Crossings District and
Quick Vehicle Servicing Uses
�s that will allow the Board of
OQsed for these uses to ensure
this ordinance and
NOW, THEREFORE/laruse BE IT O DAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The nances of the City of Iowa City, low is hereby amended as
follows:
A. Delete parag12 and substitute in lieu thereof:
12. Quick Veg
a. All veas, including parking and stacking spaces, drives, ai sles, and
servibe screened from the public right -of -way to the S2 standard
Ordinance No.
Page 2
and to the S3 standard along any side or rear lot line that abuts a Residential
Zone boundary (See Article 14 -5F, Screening and Buffering Standards).
b. Suf ici nt vehicle stacking spaces must be provided t prevent congestion and
vehicl conflicts along abutting streets.
C. Unencl\1ea pies over gas pump islands must be setback at least 10 feet
from anight -of- -way. Fuel dispensing equip ent must be setback at
least 10 any street right -of -way and at le st 100 feet from any
Residenboundary, except in the CB -2 Zo e. In the CB -2 Zone, fuel
dispensent must be setback at least 1 feet from any street right -of-
way an70 feet from any Residential Zo a boundary.
d. All light mply with the provisions of rticle 14 -5G, Outdoor Lighting
Standar
e. In the CN -1, CB -2, a d CB -5 Zones, the prop sed use will be designed and
developed with adeq to separation and sc ening between vehicular use areas
and adjacent Residents I Zones.
E In the CN -1, CB -2, and -5 Zones, car w shes may contain no more than one
bay and are permitted onl if built in con unction with another Quick Vehicle
Servicing Use. The car was must be I ated adjacent to and on the same
property as the other Quick hicle Se icing Use and must be set back an
adequate distance and screen to t S3 standard along any side or rear lot
line that abuts a Residential Zon b ndarv.
g. In the CN -1 Zone, no light source the property, except for internally lit signs,
shall be higher than 15 feet abov ished grade.
h. For properties located in the To ncre Design Review District (See Towncrest
Design Review District Map in 4 -3C -2A 9) and the Riverfront Crossings District
(See Figure 2C.8), Quick Vehi le Servicin Uses are only allowed by special
exception and must comply ith the Centr I Business Site Development
Standards, as they would b applied to a pr erty in the CB -5 Zone.
i. For properties located in a CB -2 Zone, CB -5 one, Riverfront Crossings
District, or Towncrest D ign Review District, w ere it can be demonstrated that
the proposed Quick Ve cle Servicing Use cannot omply with a specific Central
Business Site Develop ent Standard, the Board o djustment may grant a
special exception to odify or waive the provision, rovided that the intent of
the development st dard is not unduly compromise . The Board of Adjustment
may impose any co dition or conditions that are warr nted to mitigate the
effects of any vari tion from these development stand ds.
B. Amend Table 2C -1, Prin al Uses Allowed in Commercial Zones, b labeling Quick Vehicle
Servicing Uses as "PR/ 'in the columns for the CI -1 Zone, CC-2, Zo e, and CB -2 Zone.
C. Amend 14 -2C -11 Spe ial Provisions, adding a "Subsection C. Riverfr t Crossings District"
and Insert the follow' g map of the Riverfront Crossings District within his new so_ section
and label the map, figure 2C -8 — Riverfront Crossings District Boundarie r. '
v y'
Q
�',i
Ordinance No.
Page 3
Ordinance No.
Page 4
er its final passage,
5f
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 14 -413-12 AND TABLE 2C -1 OF THE ZONING
CODE TO INCLUDE NEW STANDARDS FOR QUICK VEHICLE SERVICING USES IF
LOCATED IN THE TOWNCREST DESIGN REVIEW DISTRICT OR THE RIVERFRONT
CROSSINGS DISTRICT
WHEREAS, the City Council has recently adopted the Towncrest Design Review District and
the Riverfront Crossings District Master Plan, and these districts share a common goal of
facilitating the revitalization and redevelopment of an underutilized city area; and
WHEREAS, the intent is to adopt policies and regulations that will provide the opportunity for
transforming these areas from an auto - oriented development pattern to a more walkable urban
pattern; and
WHEREAS, where residential uses are adjacent to or located on upper floors above
commercial uses, it is important to ensure externalities associated with commercial activity are
mitigated as much as possible, and outdoor storage and work areas, exterior lighting, parking
areas, and drives need to be carefully located and screened; and
WHEREAS, integrating auto-oriented. uses, such as Quick Vehicle Servicing Uses (gas
stations and similar) into Riverfront Crossings and Towncrest in a manner that is compatible with
the new vision for these areas as pedestrian- oriented with a mix of residential and commercial
uses presents unique challenges; and
WHEREAS, Quick Vehicle Servicing Uses are already allowed in two of Iowa City's more
urban zoning districts, the Central Business Support (CB -5) and Central Business Service (CB -2)
zones, but must comply with the Central Business Site Development Standards that require urban
street frontages with buildings located close to the street with parking and vehicle service areas
located to the side or rear; and
WHEREAS, the same urban standards for Quick Vehicle Servicing Uses in the CB -5 and CB-
2 zones should be applied to these uses in the Riverfront Crossings and Towncrest Districts; and
WHEREAS, because detailed design plans for both the Riverfront Crossings District and
Towncrest identify specific goals and objectives for these areas, Quick Vehicle Servicing Uses
should be carefully considered through a special exception process that will allow the Board of
Adjustment to consider the unique characteristics of each site proposed for these uses to ensure
compatibility with the goals and objectives of these design plans; and
WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and
recommended approval.
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. Delete paragraph 14- 413-413-12 and substitute in lieu thereof:
12. Quick Vehicle Servicing
a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and
service lanes, must be screened from the public right -of -way to the S2 standard
Ordinance No.
Page 2
and to the S3 standard along any side or rear lot line that abuts a Residential
Zone boundary (See Article 14 -5F, Screening and Buffering Standards).
b. Sufficient vehicle stacking spaces must be provided to prevent congestion and
vehicle conflicts along abutting streets.
C. Unenclosed canopies over gas pump islands must be setback at least 10 feet
from any street right -of -way. Fuel dispensing equipment must be setback at
least 10 feet from any street right -of -way and at least 100 feet from any
Residential Zone boundary, except in the CB -2 Zone. In the CB -2 Zone, fuel
dispensing equipment must be setback at least 10 feet from any street right -of-
way and at least 70 feet from any Residential Zone boundary.
d. All lighting must comply with the provisions of Article 14 -5G, Outdoor Lighting
Standards.
e. In the CN -1, CB -2, and CB -5 Zones, the proposed use will be designed and
developed with adequate separation and screening between vehicular use areas
and adjacent Residential Zones.
E In the CN -1, CB -2, and CB -5 Zones, car washes may contain no more than one
bay and are permitted only if built in conjunction with another Quick Vehicle
Servicing Use. The car wash must be located adjacent to and on the same
property as the other Quick Vehicle Servicing Use and must be set back an
adequate distance and screened to the S3 standard along any side or rear lot
line that abuts a Residential Zone boundary.
g. In the CN -1 Zone, no light source on the property, except for internally lit signs,
shall be higher than 15 feet above finished grade.
h. For properties located in the Towncrest Design Review District, as shown on the
Towncrest Design Review District Map in 14- 3C -2A -9, and the Riverfront
Crossings District, as shown in Figure 2C.8„ Quick Vehicle Servicing Uses are
only allowed by special exception and must comply with the Central Business
Site Development Standards, as they would be applied to a property in the CB -5
Zone, except as otherwise allowed by paragraph (i) below.
i. For properties located in the CB -2 Zone, CB -5 Zone, Riverfront Crossings
District, or Towncrest Design Review District, where it can be demonstrated that
the proposed Quick Vehicle Servicing Use cannot comply with a specific Central
Business Site Development Standard, the Board of Adjustment may grant a
special exception to modify or waive the provision, provided that the intent of
the development standard is not unduly compromised. The Board of Adjustment
may impose any condition or conditions that are warranted to mitigate the
effects of any variation from these development standards.
B. Amend Table 2C -1, Principal Uses Allowed in Commercial Zones, by labeling Quick Vehicle
Servicing Uses as "PR /S" in the columns for the CI -1 Zone, CC -2, Zone, and CB -2 Zone.
C. Amend 14 -2C -11 Special Provisions, adding a "Subsection C. Riverfront Crossings District"
and Insert the following map of the Riverfront Crossings District within this new subsection
and label the map, Figure 2C.8 — Riverfront Crossings District Boundaries:
Ordinance No.
Page 3
a
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SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION 111. 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.
Ordinance No.
Page 4
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of , 2013.
MAYOR
ATTEST:
CITY CLERK
A7Z,cdl, by
City Attorney's Office o7 a/�!3
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 3/5/2013
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Marian Karr
From: Keith J. Larson <KLarson @elderkinpirnie.com>
Sent: Monday, March 04, 2013 2:19 PM
To: Council
Cc: Eleanor M. Dilkes
Subject: Letter re: City Council Agenda Item 5g, Rezoning Northside
Attachments: Letter re City Council Agenda Item 5g, Rezoning Northside.pdf
This correspondence will become a public record.
Dear Honorable City Council Members:
Attached to this e-mail please find a letter sent on behalf of my clients, TSB Holdings, L.L.C. and 911 N.
Governor L.L.C., regarding the City Council's upcoming March 5, 2013 vote on Agenda Item 5g (Rezoning
Northside). I am also copying City Attorney Dilkes, who I have spoken with concerning this letter. Thank you
for your attention to this matter.
Sincerely,
Keith J. Larson
ELDERKIN & PIRNIE, P.L.C.
316 Second St. S.E., Suite 124
P.O. Box 1968
Cedar Rapids, IA 52406 -1968
Phone: 319- 362 -2137
Fax: 319- 362 -1640
Klarsongelderkinpimie.com
March 4, 2013
HONORABLE CITY COUNCIL MEMBERS (Sent via E -mail and USPS)
410 E Washington Street
Iowa City, Iowa 52240
In re: March 5, 2013 City Council Agenda Item 5g, Rezoning of Northsidel
Dear Honorable City Council Members:
I write on behalf of my clients, TSB Holdings, L.L.C. and 911 N. Governor L.L.G.
(collectively, "my Clients"), regarding the City Council's upcoming March 5, 2013 vote on
Agenda Item 5g. Such Agenda Item relates to a proposed ordinance rezoning (a) the property
located at 906 North Dodge Street from Multi- family (R313) to High - Density Single - Family
Residential (RS -12); (b) the property located at 911 North Governor Street from COmmercial
Office (CO -1) to High- Density Single - Family Residential (RS -12); and c the property
902 and 906 North Dodge Street from Multi-family ) P perty located at
y (R3B) to Medium- Density Multi-Family
Residential (RM -20) (collectively, the "Properties "). While the ordinance referred to in Agenda
Item 5g (the "Proposed Ordinance ") attempts to bring the Properties into compliance with the
City's Comprehensive Plan, it also immediately and permanently harms my Clients in the
amount of at least $1 million. My Clients, therefore, respectfully request that the City Council
table or defer a final vote on the Proposed Ordinance to allow the City and my Clients a brief
period of additional time to discuss ways in which we can achieve the City's goals for rezoning
the Properties in a way that imposes less of a financial hardship upon my Clients.
1 Nothing contained herein is intended or should be construed as an admission as to the validity of any claim or
cause of action or a waiver of rights to dispute any claim or cause of action. This letter and all related oral or written
communications are part of settlement negotiations and, therefore, inadmissible under State Rule 5.408, Federal
Rule of Evidence 408, and all applicable law.
ELDERKIN & PIRNIE, P.L.C.
JOAN K. VON LACKU,M
DAVID A. ELDF.RKIN
ATTORNEYS AND COUNSELORS AT LAW
TELEPHONE
PATRICK M. ROSY
(319)332 -2137
EDWARD M. BLANDO
316 SECOND STREET &E, SUITE 124
FACSIMILE
JAMES W. AFFELDT
P.O. BOX 19"
(31f}362 -16644 0
DAN CHILDERS
CEDAR RAPIDS, IOWA 32106-1968
TODD W. ANDERSON
CHRISTOPHER L. BRUNS
WWW.ELDERKINPIRNIF.COM
PAULA L. RORY
ALFRED E. WILLCIT
CYNTHIA HANNA CASTELLrm
DANIEL DENSEM LLM.
ROBERT M.HOGG
ANN M.XICCRSA
DESIREE A.KILBURG*
KEITH J. LARSON
NICNoLAs KILRuRG
AMY L. HEIN
'UC[NSBO IN ILU14015 ALSO
THOMAS H. PIRNIE (1912 -1999)
MARK L. COPPOCK(mi -2909)
DAvID M. ELDERKIN (19u -2012)
March 4, 2013
HONORABLE CITY COUNCIL MEMBERS (Sent via E -mail and USPS)
410 E Washington Street
Iowa City, Iowa 52240
In re: March 5, 2013 City Council Agenda Item 5g, Rezoning of Northsidel
Dear Honorable City Council Members:
I write on behalf of my clients, TSB Holdings, L.L.C. and 911 N. Governor L.L.G.
(collectively, "my Clients"), regarding the City Council's upcoming March 5, 2013 vote on
Agenda Item 5g. Such Agenda Item relates to a proposed ordinance rezoning (a) the property
located at 906 North Dodge Street from Multi- family (R313) to High - Density Single - Family
Residential (RS -12); (b) the property located at 911 North Governor Street from COmmercial
Office (CO -1) to High- Density Single - Family Residential (RS -12); and c the property
902 and 906 North Dodge Street from Multi-family ) P perty located at
y (R3B) to Medium- Density Multi-Family
Residential (RM -20) (collectively, the "Properties "). While the ordinance referred to in Agenda
Item 5g (the "Proposed Ordinance ") attempts to bring the Properties into compliance with the
City's Comprehensive Plan, it also immediately and permanently harms my Clients in the
amount of at least $1 million. My Clients, therefore, respectfully request that the City Council
table or defer a final vote on the Proposed Ordinance to allow the City and my Clients a brief
period of additional time to discuss ways in which we can achieve the City's goals for rezoning
the Properties in a way that imposes less of a financial hardship upon my Clients.
1 Nothing contained herein is intended or should be construed as an admission as to the validity of any claim or
cause of action or a waiver of rights to dispute any claim or cause of action. This letter and all related oral or written
communications are part of settlement negotiations and, therefore, inadmissible under State Rule 5.408, Federal
Rule of Evidence 408, and all applicable law.
A. Immediate and irreparable harm.
In 2009, my Clients purchased the Properties. Prior to purchasing the Properties, my
Clients confirmed with the City that the Court Order permitting the property owner to develop
the Properties in accordance with the Provisions applicable to R313 zoning were binding and in
full effect. To finance such purchase, my Clients obtained a bank loan collateralized by the
Properties. As a part of that process, the Properties were appraised. The propose of such
appraisals was to determine the market value of the Properties for loan underwriting. The
appraised value of the Properties at the time of purchase (in 2049) was $1,260.000. This
appraised/market value assumed the Properties could be developed under R313 zoning.'
In 2010, my Clients refinanced their loan. The appraised/market value of the Properties at
that time was determined to be $1,490,000, based upon the construction of units upon the
Properties under R3B zoning. The estimated fair market value of each living unit that would
have been constructed on the Properties was approximately $23,000. As such, if my Clients are
permitted to build only two units on each property referenced above (as opposed to seventy -two),
the collective value of the Properties is drastically reduced. Under _a 2013 an sal_ my rm-nte
Not surprisingly, the underwriting bank has contacted my Clients about this potential loss
in value. The bards has informed my Clients that if the Proposed ordinance is approved
tomorrow, the new zoning classification will have a substantial negative impact on future
potential income being able to be produced from the Properties. Accordingly, the market value of
the Properties will be correspondingly reduced. Given the required debt to equity ratios included
in the loan agreements between my Clients and the bank (which are similar in the industry to
other required debt to equity ratios), such a significant reduction in value of the Properties will
require my Clients to "pay down" a substantial amount of the outstanding indebtedness in order
to remain in compliance with the required debt to equity ratios included in their loan agreements.
To the x such fun are v ere ctio .
Pronosed Ordim",- riva.i L_!_ _ _ _ . _ _
Unfortunately, the $1 million loss referenced above represents the floor, not the ceiling,
in real damages to my Clients if the Proposed Ordinance is approved tomorrow. Among many
other considerations is the loss in future earnings relating to the Properties. For obvious reasons,
the income that is able to be generated from a multi- family housing project differs significantly
from income relating to properties developed under the restrictions to be established pursuant to
the Proposed Ordinance.
For these reasons, my Clients respectfully request that the City table or defer a vote on
the Proposed Ordinance to allow my Clients the opportunity to meet and confer with City
officials and hopefully reach a compromise that will minimize the financial harm to my Clients
while also accomplishing the City's goals for rezoning the Properties as a part of its
Comprehensive Plan.
2
B. Proposed "win -win" compromise solutions.
As a member of the Iowa City community, my Clients want to help the City achieve its
vision. My Clients, however, do not purport to know all of the City's goals for rezoning the
Properties. We would therefore like to meet with City representatives to discuss the City's goals
and also to discover if options are available that will facilitate the accomplishment of such goals
but with less of a financial hardship being imposed upon my Clients.
In good faith, my Clients submit the following possible compromises. This is not meant
to be a comprehensive list of the possible options that may be available. No option is ofd' the
table.
• My Clients have been approached by members of the North Side Association with a concept
that would involve my Clients building, developing, or selling the property located at 911
North Governor Street (currently a Commercial Office zoned as "CO- V) in cooperation with
the UniverCity Neighborhood Partnership Program to be used for the construction of single -
family units. As a compromise for helping to facilitate the construction of such single - family
units, my Clients would respectfully propose being permitted to build one 30 unit dwelling in
the area currently zoned at R313. Such a compromise is consistent with the current
neighborhood scheme on North Governor Street and with the multi -unit dwelling scheme on
North Dodge Street. This proposed compromise represents a significant reduction in my
Client's previous attempt to obtain a building permit to allow the construction of a 72 unit
housing facility upon the Properties.
• Approve the Proposed Ordinance as drafted while granting a variance that would allow my
Clients to construct multi - family dwellings of 30, 40 or 50 units upon the properties. This
proposed compromise also represents a significant reduction in my Client's previous attempt
to obtain a building permit to allow the construction of a 72 unit housing facility upon the
Properties. .
• Leave the current zoning ordinance in place while reaching an enforceable agreement on how
my Clients could construct multi- family dwellings of 30, 40, or 50 units compatible with the
character, scale and pattern of the current residential development scheme and the
Comprehensive Plan.
• Approve the Proposed Ordinance as drafted, but permit density bonuses based upon my
Clients establishing certain amenities (such as buffer zones) as determined by the City in
order to create a pleasant, safe and efficient pedestrian environment.
• Rezone the Properties, not as single- family residential zones (RS -12), but rather as either a
High Density Multi - Family Residential Zone (RM -44) or a Planned High Density Multi -
Family Residential Zone (PRM).
3
C. Alternative remedies.
My Clients hope to be able to work with the City relating to the development of the
Properties and to avoid litigation and lawsuits. If the City Council agrees to table or defer a vote
on the Proposed Ordinance, my Clients would agree to suspend and continue any Bearing on its
pending Petition for Declaratory Judgment and Temporary Injunction to a date after the next City
Council meeting. This would afford my Clients and the City at least one month to reach an
agreement.
However, if we are unable to reach a compromise agreement, my Clients will have no
choice but to pursue alternative legal remedies in order to protect their substantial investment
relating to the Properties. These remedies may include, but are not limited to, seeking writ n
certiorari and declaratory relief, as well as money damages. If the Proposed Ordinance is
approved, my Clients will continue to pursue their pending action before the Johnson County
District Court to enjoin the City from interfering with the planned development of the Properties,
consistent with a similar injunction previously granted by the Iowa Supreme Court in Kempf, V.
City of Iowa City, 402 N.W. 2d 393 (1997). My Clients will farther ask the court to f nd that the
Proposed Ordinance cannot be applied to my Clients because they have a vested right in the
original zoning classification. Finally, if the Proposed Ordinance is approved and goes into
effect, my Clients will have a very strong case against the City for inverse condemnation. This
all being said, my Clients would like to avoi iti tion and instead work out a rn�t .Attu
agreeable_ solution that serves the best interests of trey Clients. Iowa City, and the commu
lar¢e.
Thank you for your attention to this matter. It is my Clients' sincere hope that the parties
can avoid litigation and reach a mutually agreeable solution relating to this matter.
Sincerely,
Keith . Larson
ELDI RKIN & PIRNIE, P.L.C.
cc: City Attorney Eleanor M. Dilkes (Sent via E -mail and USPS)
410 E Washington Street
Iowa City, Iowa 52240
4
/ r •
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ12- 00016,18, & 19)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 0.47 ACRES OF LAND LOCATED AT
906 N. DODGE STREET FROM MULTI - FAMILY (R313) ZONE TO HIGH DENSITY SINGLE
FAMILY RESIDENTIAL (RS -12) ZONE AND APPROXIMATELY 1.15 ACRES OF LAND
LOCATED AT 911 N. GOVERNOR STREET FROM COMMERCIAL OFFICE (CO -1) ZONE TO
HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS -12) ZONE AND APPROXIMATELY 1.78
ACRES OF LAND LOCATED AT 902 AND 906 N. DODGE STREET FROM MULTI - FAMILY
(R313) ZONE TO MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL (RM -20) ZONE. (REZ12-
000016,18 & 19)
WHEREAS, the City of Iowa City has initiated a rezoning of property located of 906 North Dodge Street
from Multi- family (R3B) to High - Density Single - Family Residential (RS -12); property located at 911 North
Governor Street from Commercial Office (CO -1) to High - Density Single - Family Residential (RS -12); property
located at 902 and 906 North Dodge Street from Multi- family (R3B) to Medium - Density Multi - Family
Residential (RM -20) in order to bring the properties into compliance with the City's Comprehensive Plan; and
WHEREAS, City plans and policies, including the Comprehensive and Strategic Plan, have changed
considerably in the last 40 years, with the current Comprehensive Plan and Historic Preservation Plan
containing policies to encourage preservation of the single family character of the City's older single family
neighborhoods and policies that serve to stabilize these neighborhoods by encouraging a healthier balance of
rental and owner - occupied housing rather than redevelopment for housing that serves primarily short -term
residents; and
WHEREAS, the Central District Plan indicates that R3B zoning is obsolete and the properties with this
designation should be rezoned to a valid zoning designation;
WHEREAS, the Central District Plan, an element of the Iowa City Comprehensive Plan, indicates that the
vacant property located immediately north of 906 North Dodge Street and the property at 911 North Governor
Street are appropriate for single - family and duplex residential development (2 -13 dwelling units per acre); and
WHEREAS, the current office development and Commercial Office zoning at 911 North Governor Street
is inconsistent with the Comprehensive Plan and is not well- suited for modern office uses due to its location
on a sloping, one -way street with poor visibility and access; and
WHEREAS, the Central District Plan indicates that the properties at 902 and 906 North Dodge Street are
appropriate for low- to medium - density multi - family development; this designation is intended to acknowledge
the density of the existing multi - family buildings, but not allow further redevelopment or densification; and
WHEREAS, the multi - family buildings at 902 and 906 North Dodge Street were originally developed
under R36 zoning, a high - density multi - family zoning designation that is obsolete; and
WHEREAS, R313 zoning allowed development up to a density of approximately 58 dwelling units per acre
and under this zoning designation the properties at 902 and 606 North Dodge Street were developed at a unit
density of approximately 20 units per acre; and
WHEREAS, the Comprehensive Plan policies in place during the 1960s that led to the R36 zoning on
Dodge Street encouraged demolition and redevelopment of older neighborhoods at higher densities; and
WHEREAS, the City's Zoning Code no longer includes the R313 zoning designation due to its
inconsistency with the City's current comprehensive planning goals and policies; and
WHEREAS, rezoning the subject properties to appropriate and valid zoning designations will
acknowledge the existing multi - family uses located on the properties at 902 and 906 North Dodge Street,
while ensuring that any future development of the vacant parcel located north of 906 North Dodge Street or
any future redevelopment of 911 North Governor Street provides a transition to a density that is more
compatible with the residential character and lower density of the surrounding neighborhood and is consistent
with the goals of the Comprehensive Plan, Central District Plan, and Historic Preservation Plan; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed rezoning and recommend
approval; and
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
designations as indicated below:
Ordinance No.
Page 2
LEGAL DESCRIPTION
The property located north of 906 North Dodge Street, as described below, is hereby reclassified
from R313 to High Density Single Family Residential (RS -12):
Commencing at the iron stake in the Southeast corner of Lot 49 in the Subdivision of the SE Y4 of Section
3, Township 79 North, Range 6 West of the 5th P.M., as per the recorded plat thereof; thence North 84.5
feet; thence West 210.0 feet on a line parallel with the South line of Lot 49; thence South 84.5 feet on a
line parallel with the East line of said Lot 49; thence East on the South line of said Lot 49, 210.0 feet to the
place of beginning.
Properties at 902 and 906 North Dodge Street, described below, are hereby reclassified from R313
to Medium Density Multi - Family Residential (RM -20):
All of lot 50 except the South 186 feet thereof, in the Subdivision of the SE % of Section 3, Township 79
North, Range 6 West of the 5th P.M., according to the recorded plat thereof recorded in Plat Book 1, Page
1, Plat Records of Johnson County, Iowa.
The property located 911 North Governor Street, described below, is hereby reclassified from
Commercial Office (CO -1) to High Density Single Family Residential (RS -12):
Lots 8, 9 and 10, Bacon's Subdivision in the south part of Block 1, D.A. Dewey Addition to Iowa City, Iowa,
according to the recorded Plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County,
Iowa.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 20
City Attorney's Office 13 j i3
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 2/5/2013
Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Second Consideration 2/19/2013
Vote for passage: AYES: Dickens, Dobyns, Mims, Payne, Throgmorton, Champion.
NAYS: None. ABSENT: None. ABSTAIN. Hayek.
Date published
5h
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240 (REZ12- 00026)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 7.79 ACRES OF LAND LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF NORTH DODGE STREET AND PRAIRIE DU
CHIEN ROAD FROM MEDIUM DENSITY SINGLE FAMILY (RS -8), NEIGHBORHOOD PUBLIC (P -1)
AND HIGHWAY COMMERCIAL (CH -1) TO PLANNED DEVELOPMENT OVERLAY - COMMUNITY
COMMERCIAL (OPD- CC -2). (REZ12- 00026)
WHEREAS, the applicant, Hy -Vee Stores, has requested a rezoning of properly located at the northeast
corner of the intersection of North Dodge Street and Prairie Du Chien Road from Medium - Density Single -
Family Residential (RS -8), Neighborhood Public (P -1), and Highway Commercial (CH -1) to Planned
Development Overlay /Community Commercial (OPD /CC2); and
WHEREAS, the Comprehensive Plan, North District Plan Map, shows this area as appropriate for
retail /community commercial use provided that it is designed to be compatible with the adjacent residential
neighborhood; and
WHEREAS, the applicant has submitted a concept plan showing how commercial redevelopment of this
property can be made compatible with the adjacent neighborhood with careful building design and
placement, the use of buffer areas and landscaping; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval provided that it meets conditions addressing the need for compatibility with the
adjacent neighborhoods and the policies of the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2011) 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. Property described below is hereby reclassified from its current zoning
designation of RS -8, CH -1 and P -1 to OPD /CC -2:
LEGAL DESCRIPTION
(TRACT #1) - REZONE FROM P -1 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S0191'15 "E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET, TO THE POINT OF BEGINNING;
THENCE N64 012'45 "E, 152.25 FEET; THENCE SOUTHWESTERLY 44.66 FEET ALONG AN ARC OF A
175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 44.54 FOOT CHORD BEARS
S48 °54'39 "W; THENCE S25 °41'52 "W, 8.25 FEET; THENCE S64 °12'45 "W, 118.43 FEET, TO A POINT ON
THE WEST LINE OF SAID LOT 14; THENCE NOI "11'15 "W, ALONG SAID WEST LINE, 22.00 FEET, TO
SAID POINT OF BEGINNING, CONTAINING 2,572 SQUARE FEET, MORE OR LESS, AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
(TRACT MA) - REZONE FROM P -1 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 ° 11' 15 "E,
Ordinance No.
Page 2
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET; THENCE N64 °12'45 "E, 184.60
FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N64 °12'45 "E, 178.92 FEET, TO A POINT
ON THE EAST LINE OF SAID LOT 14; THENCE SO 1 ° 12' 11 "E, ALONG SAID EAST LINE, 22.00 FEET;
THENCE S64012'45 "W, 125.00 FEET; THENCE SO 1 ° 12' 11 "E, 146.79 FEET, TO A POINT ON THE SOUTH
LINE OF SAID LOT 14; THENCE S64° 13'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE
N25 °58'47 "W, 43.37 FEET; THENCE NO1 °11'25 "W, 85.98 FEET; THENCE S25 °41'52 "E, 17.45 FEET; THENCE
N64 °18'08 "E, 75.30 FEET; THENCE N25 °41'52 "W, 49.49 FEET, TO SAID POINT OF BEGINNING,
CONTAINING 0.37 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
LEGAL DESCRIPTION (TRACT #2) - REZONE FROM RS -8 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING;
THENCE N88 048'45 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A
150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS
N61 °15'18 "E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 °00'00 "E; THENCE
N64° 18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO 1'12'11 "E,
ALONG SAID EAST LINE, 27.51 FEET; THENCE N64 °12'45 "E, 44.86 FEET, TO A POINT ON THE WEST
LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE NOOM 1'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION,
76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE
N65 °07'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 158.32 FEET, TO THE NORTHEAST CORNER
THEREOF; THENCE N00 °36'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST
ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88 °25'19 "E, 158.03
FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °48'55 "E, ALONG THE
NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO1 °11'05 "E,
ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X
OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO
THE NORTHWEST CORNER THEREOF; THENCE S65 °38'32 "W, ALONG THE NORTH LINE OF LOT Y OF
SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A
POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE
SO 1 ° 12' 11 "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64° 12'45 "W, 363.52 FEET, TO A POINT ON
THE WEST LINE OF SAID LOT 14; THENCE NO1 °11'15 "W, ALONG SAID WEST LINE, 32.25 FEET, TO
SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
LEGAL DESCRIPTION (TRACT #3) - REZONE FROM CH -1 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO]'] 1,15"E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF
BEGINNING; THENCE N64 °12'45 "E, 123.87 FEET; THENCE SOI'l F25 "E, 99.09 FEET; THENCE
S25 °58'47 "E, 43.37 FEET; THENCE N64° 13'01 "E, 94.68 FEET; THENCE NO1 ° 12'11 "W, 146.79 FEET;
THENCE N64 012'45 "E, 125.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OF SAID ST.
MATTHIAS SECOND ADDITION; THENCE NO 1 ° 12'11 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE
N65 °38'32 "E, ALONG THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA,
IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLY PROJECTION
THEREOF, 201.58 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N64 °53'24 "E, ALONG THE
NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION
THEREOF, 188.89 FEET, TO A POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 96064, JOHNSON
COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT
Ordinance No.
Page 3
PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'05 "E,
ALONG SAID NORTH LINE, 27.69 FEET; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID
AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO ° 1 1'05 "E, ALONG SAID NORTH
LINE, 185.34 FEET; THENCE N88 148'55 "E, ALONG SAID NORTH LINE, 12.29 FEET, TO A POINT ON THE
WEST LINE OF LOT 10 OF ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE
WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN SAID RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °53'07 "E, 193.31 FEET, TO A POINT ON THE
EAST LINE OF SAID LOT 10 OF ST, MATTHIAS SECOND ADDITION; THENCE SOI'l F05, ALONG SAID
EAST LINE, 203.80 FEET, TO ITS INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF NORTH
DODGE STREET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET;
THENCE S64 013118 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64 °13'01 "W,
ALONG SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH
RIGHT -OF -WAY LINE, 2.00 FEET; THENCE S64° 13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE,
39.43 FEET; THENCE S69 °55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE
S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88 048135 "W, ALONG
SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO1 °56'19 "E, ALONG SAID NORTH RIGHT -
OF -WAY LINE, 33.08 FEET; THENCE S64° 13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29
FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD;
THENCE NO] °11'15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF
BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND 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. 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 prov d by
Imo•
Attorney Rep the City
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 12/18/2012
Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
Second Consideration 1/8/2013
Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
Hayek. NAYS: Ndne. ABSENT: None.
Date published
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00026)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Roberts Dairy Company, L.L.C., an Illinois limited liability company
(hereinafter "Owner ") and Hy -Vee, Inc., an Iowa corporation (hereinafter "Applicant ").
WHEREAS, Owner is the legal title holder of approximately 7.37 acres of property
located on the north side of North Dodge Street between Prairie Du Chien Road and North
Dubuque Road; and
WHEREAS, the City owns approximately .42 acres of adjacent property including right -
of -way of St. Clements Street, which the Applicant proposes to purchase; and
WHEREAS, the Owner and Applicant have requested the rezoning of said property from
Medium - Density Single- Family Residential (RS -8), Neighborhood Public (P -1), and Highway
Commercial (CH -1) to Planned Development Overlay /Community Commercial (OPD /CC -2); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding redevelopment of the property with a design that is compatible with the
adjacent residential neighborhood, the requested zoning is consistent with the Comprehensive
Plan; and
WHEREAS, Iowa Code §414.5 (2011) 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 acknowledge that certain conditions and
restrictions are reasonable to ensure the development of the property is consistent with the
Comprehensive Plan and the need for compatibility with the North District Plan and the adjacent
residential neighborhood; and
WHEREAS, the Owner and Applicant agree 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. Roberts Dairy Company is the legal title holder of the property legally described as:
LFF.GAL DESCRIPTION (TRACT #2) - REZONE FROM RS -8 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOI °11'15 "E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING;
THENCE N8804845 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A
150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS
N61 °15'18 "E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 °00'00 "E; THENCE
N640 18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE S01 °12' I 1 "E,
ALONG SAID EAST LINE, 27.51 FEET; THENCE N64 °1245 "E, 44.86 FEET, TO A POINT ON THE WEST
LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N00 °41'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION,
76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE
N65 °07'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 15832 FEET, TO THE NORTHEAST CORNER
THEREOF; THENCE N00 °36'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST
ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88 °25' 19 "E, 158.03
FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °48'55 "E, ALONG THE
NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO1 °11'05 "E,
ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 053'24 "W, ALONG THE NORTH LINE OF LOT X
OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO
THE NORTHWEST CORNER THEREOF; THENCE S65 °38'32 "W, ALONG THE NORTH LINE OF LOT Y OF
SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A
POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE
SO1 °12'11 "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64 °12'45 "W, 363.52 FEET, TO A POINT ON
THE WEST LINE OF SAID LOT 14; THENCE NO 1 ° 11'l 5 "W, ALONG SAID WEST LINE, 32.25 FEET, TO
SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
LEGAL DESCRIPTION (TRACT Q) - REZONE FROM CH -1 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF
BEGINNING; THENCE N64° 12'45 "E, 123.87 FEET; THENCE SO 1 ° 11'25 "E, 99.09 FEET; THENCE
S25 °5847 "E, 43.37 FEET; THENCE N64 °13'01 "E, 94.68 FEET; THENCE NO 112'11 "W, 146.79 FEET; THENCE
N64-12'45 "E, 125.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OF SAID ST. MATTHIAS SECOND
ADDITION; THENCE NO1 °12'11 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE N65 °38'32 "E, ALONG
THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE
WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET,
TO THE NORTHEAST CORNER THEREOF; THENCE N64 °53'24 "E, ALONG THE NORTH LINE OF LOT X
OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO A
POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'05 "E, ALONG SAID
NORTH LINE, 27.69 FEET; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S
PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 185.34
FEET; THENCE N88 °48'55 "E, ALONG SAID NORTH LINE, 12.29 FEET, TO A POINT ON THE WEST LINE
OF LOT 10 OF ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN SAID RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE N88 153'07 "E, 193.31 FEET, TO A POINT ON THE EAST LINE OF
SAID LOT 10 OF ST. MATTHIAS SECOND ADDITION; THENCE SO 1 ° 11'05, ALONG SAID EAST LINE,
203.80 FEET, TO ITS INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF NORTH DODGE
STREET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET; THENCE
S64 °13'18 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64 °13'01 "W, ALONG
SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH RIGHT -
OF -WAY LINE, 2.00 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 39.43
FEET; THENCE S69 155'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE
S64 013'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88'48'35 "W, ALONG
SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE S01 °56'19 "E, ALONG SAID NORTH RIGHT -
OF -WAY LINE, 33.08 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29
FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD;
THENCE NO ° 11'15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF
BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The City is the legal title holder of the property legally described as:
2
LEGAL. DESCRIPTION (TRACT #1) - REZONL FROM P -1 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S019 1'15"E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET, TO THE POINT OF BEGINNING;
THENCE N640 12'45 "E, 363.52 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE
SO1 012'11 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64 °12'45 "W, 125.00 FEET; THENCE
SOl °12'11 "E, 146.79 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE S64 °13'01 "W,
ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 °58'47 "W, 43.37 FEET; THENCE N01'1 1'25"W, 99.09
FEET; THENCE S64 °1 245 "W, 123.87 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE
N0101 1'15"W, ALONG SAID WEST LINE, 22.00 FEET, TO SAID POINT OF BEGINNING, CONTAINING
0.51 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. The Owner and Applicant acknowledge that the City wishes to ensure conformance to
the principles of the Comprehensive Plan and the North District Plan. Further, the parties
acknowledge that Iowa Code §414.5 (2011) 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, Owner 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) A buffer area generally consistent with the attached plan shall be
established along the western property line of the parcel rezoned to CC -2. This
buffer must be screened to the S3 standard. Wherever the buffer area is less
than 35 feet a masonry wall shall be provided consistent with the attached plan.
B) No signs shall be permitted within the 35 foot buffer, or on the north
and /or west sides of the convenience store facing the residential development,
except for a monument sign at the intersection of Dodge Street and Prairie Du
Chien Road. There will be no more than two (2) free - standing signs permitted
along the Dodge Street frontage. Other fascia and monument signs are permitted
as per the code.
C) Any building or structure including canopies shall be of a quality design
appropriate for property abutting a residential neighborhood, including features
such as stone and masonry materials, standing seam metal roofs, and muted
colors. The design of any buildings as well as associated structures and facilities
must be presented to and approved by the Design Review Committee prior to the
City issuing a building permit.
D) Existing evergreen screening and mature trees will be preserved along
the northwest side of the property where possible.
E) A bus pull off, the design of which must be approved by the City
Engineer, shall be constructed by the Applicant within the Dodge Street right -of-
way.
F) Development and landscaping shall be generally consistent with the
attached plan.
G) A parapet wall shall be provided on the northwest wall of the
3
grocery store to buffer roof top equipment
5. The Owner and Applicant, and City acknowledge that the conditions contained herein
are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and
that said conditions satisfy public needs that are caused by the requested zoning
change.
6. The Owner and Applicant, and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with 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.
8. The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
9. 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.
10. 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.
11. This Agreement may be executed in two (2) or more counterparts, each of which shall
be deemed an original, but all of which taken together shall form one and the same
agreement. For purposes of executing and delivering this Agreement, a facsimile or
scanned and emailed signature shall be as effective as an original signature.
Dated this _ day of , 20_.
City:
CITY OF IOWA CITY
Matthew Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
4
Approved by:
Attorney Representing the City
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 201 by Matthew Hayek
and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
5
Owner:
Roberts Dairy Company, LLC, an Illinois limited liability company
By:
Its: Partner
STATE OF N) 1136 VP— 1 , COUNTY OF � T� , ss:
This instrument was acknowledged before me on e M 2012 by
as /v,- aQc.�-j— of Roberts' Dairy Company, LLC,
an Illinoib limitdd4bbility company.
tary Public
' JOHN ALDRED
10 P blic — Notaryry Seal
OF MISSOCIRI
reene County
shy k*4ffimleelon Expires Nov. 5.2015
ry , � . ln9 n $11460004
Applicant:
Hy -Vee, Inc., an Iowa corporation
Anthony!bCann, Sr. Vice President
t /
By:
/U�fk�� 14l tK (print name)
Its: AsSrisFat+ Sec - -kor
STATE OF IOWA, COUNTY OF POLK, ss
On this S+'' day of Pe".w..6 r , 2012, before me, the undersigned, a Notary
Public in and for the state of Iowa, personally appeared Anthony McCann and
%lwi"K 1411ekx , to me personally known, who being by me duly sworn did say that
they are the Sr. Vice President and PWstr►b,+ 5we-,+ -4 , respectively, of Hy -Vee, Inc., an Iowa
corporation, that the instrument to which this is attached was signed on behalf of said corporation
by authority of its Board of Directors; and that the said Anthony McCann and
A6,01,A, j41(th as such off' ers acknowledged the execution of said instrument to
be the voluntary act and deed of said corpo ion, by it and by-t�em voluntarily executed.
G �
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Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF ST. CLEMENT STREET. (VAC12- 00005)
WHEREAS, the applicant, Hy -Vee Food Stores, Inc., has requested that the City vacate a portion of St.
Clement Street right -of -way located between 1109 and 1123 N. Dodge Street, the site of Roberts Dairy; and
WHEREAS, an alternative access will be provided to the nine residential properties located north of this
right -of -way requested for vacation via a newly dedicated St. Clement Street to be located within property to
the north of the dairy; and
WHEREAS, the relocated street will provide a defined and safe access to residential properties located
to the north, and provide access to the proposed grocery and convenience stores adjacent to the right -of -way
being dedicated; and
WHEREAS, it is in the City's interest to vacate and dispose of public right -of -way, or portions thereof, that
will no longer be necessary for public access; and
WHEREAS, easements will be retained for existing utilities or utilities will be relocated at the applicants
expense; and
WHEREAS, the Planning and Zoning Commission recommended vacation of this portion of this right -of-
way subject to relocation of utilities or the retention of necessary easements, and dedication of an alternative
street right -of -way.
WHEREAS, the applicant has submitted a preliminary plat of the Roberts Dairy Addition, which includes
an acceptable alternative location for St. Clement Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION. Subject to relocation of utilities or the retention of necessary easements and
dedication of an alternative street right -of -way acceptable to the City, the City of Iowa City hereby vacates the
portion of the St. Clement Street right -of -way legally described as follows:
Beginning at the Northwest Corner of Lot 5 of Block 2 in St. Matthias 2nd Addition to Iowa City, Johnson
County, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 406, of the Records of
the Johnson County Recorder's Office; Thence S01 °12'11 "E, along the East Line of St. Clement Street,
142.54 feet, to a point on the North Line of the Tract of Land conveyed by Quit Claim Deed, as Recorded
in Book 3398 at Page 124 of the Records of the Johnson County Recorder's Office; Thence
S64 °13'18 "W, 27.03 feet, to the intersection of the West Line of St. Clement Street and the Northerly
Line of the Tract of Land Condemned by Proceedings Recorded in Book 3695, at Page 874, of the
Records of the Johnson County Recorder's Office; Thence N01 012'1 VW, along said West Line, 363.94
feet; Thence N64 012'45 "E, to a Point on the West Line of Lot A of Yeggy's First Addition, in accordance
with the Plat thereof Recorded in Plat Book 6, at Page 49, of the Records of the Johnson County
Recorder's Office; Thence S00 °41'26 "E, along said West Line of Lot A, a distance of 31.52 feet, to the
Southwest Corner thereof and a Point on the North Line of Lot Y of said Yeggy's First Addition; Thence
S65 038'32 "W, along said North Line, 17.33 feet, to the Northwest Corner of said Lot Y, and a point on the
East Line of St. Clement Street; Thence S01 °12'11 "E, along said East Line, 190.49 feet, to the Point of
Beginning. Said Right -of -Way Vacation Parcel contains 9,446 square feet (0.22 Acre) and is subject to
easements and restrictions of record.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed .
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 201 :.
5i
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF ST. CLEMENT STREET. (VAC12- 00005)
WHEREAS, the applicant, Hy -Vee Food Stores, Inc., has requested that the City vacate a portion of St.
Clement Street right -of -way located between 1109 and 1123 N. Dodge Street, the site of Roberts Dairy; and
WHEREAS, an alternative access will be provided to the nine residential properties located north of this
right -of -way requested for vacation via a newly dedicated St. Clement Street to be located within property to
the north of the dairy; and
WHEREAS, the relocated street will provide a defined and safe access to residential properties located
to the north, and provide access to the proposed grocery and convenience stores adjacent to the right -of -way
being dedicated; and
WHEREAS, it is in the City's interest to vacate and dispose of public right -of -way, or portions thereof, that
will no longer be necessary for public access; and
WHEREAS, easements will be retained for existing utilities or utilities will be relocated at the applicants
expense; and
WHEREAS, the Planning and Zoning Commission recommended vacation of this portion of this right -of-
way subject to relocation of utilities or the retention of necessary easements, and dedication of an alternative
street right -of -way.
WHEREAS, the applicant has submitted a preliminary plat of the Roberts Dairy Addition, which includes
an acceptable alternative location for St. Clement Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION. Subject to relocation of utilities or the retention of necessary easements and
dedication of an alternative street right -of -way acceptable to the City, the City of Iowa City hereby vacates the
portion of the St. Clement Street right -of -way legally described as follows:
Beginning at the Northwest Corner of Lot 5 of Block 2 in St. Matthias 2nd Addition to Iowa City, Johnson
County, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 406, of the Records of
the Johnson County Recorder's Office; Thence S01 °12'11 "E, along the East Line of St. Clement Street,
142.54 feet, to a point on the North Line of the Tract of Land conveyed by Quit Claim Deed, as Recorded
in Book 3398 at Page 124 of the Records of the Johnson County Recorder's Office; Thence
S64 °13'18 "W, 27.03 feet, to the intersection of the West Line of St. Clement Street and the Northerly
Line of the Tract of Land Condemned by Proceedings Recorded in Book 3695, at Page 874, of the
Records of the Johnson County Recorder's Office; Thence N01 012'1 VW, along said West Line, 363.94
feet; Thence N64 012'45 "E, to a Point on the West Line of Lot A of Yeggy's First Addition, in accordance
with the Plat thereof Recorded in Plat Book 6, at Page 49, of the Records of the Johnson County
Recorder's Office; Thence S00 °41'26 "E, along said West Line of Lot A, a distance of 31.52 feet, to the
Southwest Corner thereof and a Point on the North Line of Lot Y of said Yeggy's First Addition; Thence
S65 038'32 "W, along said North Line, 17.33 feet, to the Northwest Corner of said Lot Y, and a point on the
East Line of St. Clement Street; Thence S01 °12'11 "E, along said East Line, 190.49 feet, to the Point of
Beginning. Said Right -of -Way Vacation Parcel contains 9,446 square feet (0.22 Acre) and is subject to
easements and restrictions of record.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed .
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 201 :.
Ordinance No.
Page 2
MAYOR: Matthew Hayek
ATTEST:
CITY CLERK
Ap rove
A-A--5-9,a�
Attorney Represen .the City
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:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 12/18/2012
Vote for passage: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Second Consideration 1/8/2013
Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Date published