HomeMy WebLinkAbout1993-09-14 Public hearing
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the Iowa City City
Council will hold a meeting for public hearing
on the 14th day of September, 1993, in the
Civic Center Council Chambers, 410 Eo Wash-
ington Street, at 7:30 p,m., in consideration of
(ge following items:
. An application submitted by Vivian String.
er to vacate a ten. foot wide walkway
right,of.way located along the southwest
lot line of 415 N. Seventh Avenue proper.
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2. An application submitted by Kennedy
Plaza, Inco to rezone property located at
702 So Gilbert Street from CI.1, Intensive
Commercial, to CC'2, Community Com.
mercialo
3. A request submitted by Windsor Ridge
Development Co. to amend the conditional
zoning agreement for an approximate 240
acre tract located east of Scott Park, south
of lower West Branch Road, and north of
American legion Road that was zoned
from County RS, Suburban Residential, to
RS.5, low Density Single-Family Residen-
tial, on March 30, 1993,
Persons Interested in expressing their views
concerning said Items, either verbally or In
writing, will be given the opportunity to be
heard at the above.mentioned time and place,
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ORDINANCE NO.
AN ORDINANCE VACATING THE 10.FOOT
WIDE WALKWAY RIGHT.OF.WAY
LOCATED ADJACENT TO THE
SOUTHWEST LOT UNE OF LOT 21,
WINDSOR HEIGHTS, FIFTH ADDITION,
IOWA CITY, IOWA.
WHEREAS, the Iowa City Department of
Public Works does not need the walkway
right-of-way described below for
maintenance access to the stormwater
detention facilities located Immediately west
of the walkway, due to the ava!lablllty of
preferable alternative access routes; and
WHEREAS, the walkway right-of-way does
not provide direct pedestrian access to
Hickory Hili Park; and
WHEREAS, the portion of North Seventh
Avenue located north of Rochester Avenue,
near the walkway right-of-way, provides
sufficient pedestrian access to Hickory Hili
Park; and
WHEREAS, a paved walkway has not
been constructed within the walkw~y rlght-
of-way; and
WHEREAS, the walkway right-of-way Is
located, In part, on a steep, wooded slope,
which limits the potential for developing a
useable walkway for vehicular or pedestrian
access; and
WHEREAS, the City still requires the
twenty-foot wide sanitary sewer and utility
easement located along the North Seventh
Avenue frontage.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. VACATION, The City of Iowa
City hereby vacates the walkway rlght.of-way
legally described below, subject to the City
reserving and retaining the twenty.foot wide
sanitary sewer and utility easement located
along the North Seventh Avenue frontage of
the vacated parcel, as shown on the final
plat of Windsor Heights Fifth Addlllon:
The area designated as 'Walkway"
located between Lots 20 and 21,
Windsor Heights Fifth Addition, an
addition to the City of Iowa City,
Iowa, according to the plat thereof
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recorded In Plat Book 17, Page 36,
In the Johnson County Recorder's
Office.
SECTION II. REPEALER. All ordinances and
parts of ordinances In conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION III. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be Invalid or unconstitutional,
such adjudication shall not affect the validity
of the Ordinance as a whole or any section,
provision or part thereof not adjudged Invalid
or unconstitutional.
SECTION IV. EFFECTIVE DATE., This
Ordinance shall be in effect after Its final
passage, approval and publication, as
provided by law.
Passed and approved this day of
,1993.
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MAYOR
ATTEST:
CITY CLERK
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Approved by
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To: Planning & Zoning Commission
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Prepared by: Melody Rockwell
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STAFF REPORT
Item: VAC93-0002. Vacation of walkway
southwest of 415 N. Seventh Avenue
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable regulation:
SPECIAL INFORMATION:
Public utilities:
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Date: August 19, 1993
Vivian Stringer
415 N. Sevanth Ave.
Iowa City, IA 52245
John Hayek, Attorney
Phone: 337-9606
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Vacation of walkway.
To permit acquisition by adjoining prop-
erty owner.
Immediately adjacent to the southwest
lot line of the 415 N. Seventh Avenue
property.
Approximately 1.267 square feet.
Undeveloped walkway area; RS-5.
North. Single.family residential; RS-5.
East . Single-family residential; RS-5.
South. Slngle.famlly residential; RS-5.
West . Storm water detention facilities
within private open space,
Hickory Hill Park; RS-5, P.
Low density singla-family residential; 2-
8 dwelling units per acre.
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Chapter 364.7 of the Iowa Code.
A City sanitary sewer and manhole are
located within ten feet of the Saventh
Avanue right-of-way in the 20-foot
wida sanitary sewer and utility ease-
manto TCI [cable television!, U.S. West
[telephone! and lowa.lllinois Gas and
Electric lines are also located within the
20.foot utility easement on the east
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edge of the walkway right-of-way.
There are no utility lines located within
the 10-loot wide storm sewer ease-
ment located at the west end 01 the
walkway right-of-way.
Transportation:
Except lor providing access lor City
maintenance vehicles to the stormwater
facilities to the west, the area reserved
for a walkway was intended for pedes-
trian traffic.
Physical characteristics:
The eastern part 01 the 10-foot wide
walkway area near Seventh Avenue is
part of a well-kept lawn that slopes
down gently toward the west. Approx-
imately 80 feet west of the Seventh
AV6nue rlght'of-way line, the terrain
becomes a wooded, steep slope which
extends down to the Ralston Creek
floodplain area.
BACKGROUND INFORMATION:
Vivian Stringer has requested thet the City vacate the 10-foot wide walkway right-ai-way
located adjacent to the southwest property line of her residential property at 415 N. Seventh
Avenue. The walkway was platted as part of the Windsor Heights, Fifth Addition Subdivision.
The walkway was Intended to provide pedestrian access to a private open space area [Parcel
B] adjacent to Hickory Hill Park and to serve as a means of access lor City vehicles to get
back to the stormwater facilities located west of the walkway on Parcel B. To date, a
sidewalk has not been constructed within the walkway right-of-way; it serves only as an
Inlormal extension of adjacent residential lots. Parcel B Is not a private open space reserved
lor use by residents 01 the Windsor Heights Subdivision, but Is a privately owned no-build aree
containing storm water facilities and a portion of Ralston Creek.
On June 28, 1988, the City Council approved a resolution authorizing the encroachment 01
a retaining wall Into the public right-of-way [walkway]. It had been discovered during surveys
prior to the close of a sale on the 415 N, Seventh Avenue property that the retaining wall was
partially located on the walkway right-of'way. The City Council stopped short of vacating the
walkway area to the adjacent property owners, but permitted the approximately 2 y, .foot
encroachment of the retaining wall into the walkway area, subject to the City being protected
from any extra cost which might be incurred in constructing a sidewalk on the right-of'way,
and being protected from liability which might result from such use. The resolution also
maintained the right of the City to order removal of the retaining wall if the right-of-way was
ever needed for any purpose,
In May 1991, the City received correspondence from John Bulkley, Assistant County
Attorney, Johnson County, concerning e "scevenger tex sale certificate" the County held on
Lot "A," a remnant lot created from a portion of Lot 20, Windsor Heights, Fifth Addition.
Bulkley Indicated the willingness of the County to convey its interest In Lot "A" to the owners
of Lot 21. However, the owners of Lot 21 wished to acquire the Intervening walkway.
Bulkley Inquired whether the City would consider vecating end disposing of the walkway right-
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of-way. No responsa from tha City is noted in the filao John Hayek, attorney for the
applicant, advised City staff on August 4. 1993, that Vivian Stringer now owns remnant Lot
"A." Mso Stringer is now formally requesting that the City vacate the waikway located
batween her properties: 415 N. Seventh Avenue and Lot "A."
ANALYSIS:
Access to Hickorv Hill Park, Pedestrian access to Hickory Hill Park at this site is limited in two
major ways. First, the walkway deadends Into private property owned by the owners of Lot
22, Marc and Alison Reinganum. This property is designated as ~ open space on the
final plat of Windsor Heights, Fifth Addition. If the public walkway were to be extended to
Hickory Hill Park, the City would need, at a minimum, to acquire an access easement across
the private open space that is owned by the Relnganums. Ralston Creek meanders through
the private open space. Thus, In addition to pathway construction. a bridge would be required
to permit access across Ralston Creek to Hickory Hill Park. Secondly, the steep sloping,
heavily wooded terrain would make development of a public walkway an expensive. difficult
project to undertake.
On August 3, 1993, a site visit was conducted with Terry Trueblood, Director of the Parks
and Recreation Department. Trueblood concluded that public access on the subject walkway
to Hickory Hill Park was not warranted, because of the factors cited above. Additionally, he
felt that sufficient access to Hickory Hill Park existed off N. Seventh Avenueo There is 1) an
asphalt pathway and a pedestrian bridge off the west edge of Seventh Avenue at a point
approximately 200 feet north of Rochester Avenue. and 2) a gated maintenance road with an
opening at the side for pedestrian access at the north terminus of N. Seventh Avenue. These
two park entrances are approximately 1.575 feet apart, that is, less than 1/3 of a mile.
Access to Storm water Facilities. Rick Fosse, City Engineer, evaluated the walkway In terms
of Public Works Department needs. Because of the steeply sloped, wooded terrain, Fosse
determined that the City would use alternate routes to access the stormwater facilities located
on Parcel B. He pointed out that there are storm water easements to the north that provide
more usable means for maintenance vehicles to access that area than the subject walkway
right-Of-way.
Utilities. There are underground utilities within the 20-foot wide sanitary sewer and utility
easement adjacent to the N. Seventh Avenue right-Of-way. Sanitary sewer lines and e
manhole are located where the utilities easement crosses the walkway right-Of-way.
Telephone, cable, gas and electric lines are also located there. Staff recommends that the 20.
foot wide senitary sewer and utility easement along the N. Seventh Avenue frontege be
retained. The 1 Q.foot wide storm sewer easement et the west end of the walkway right-al-
way contains no utility lines. A storm sewer pipe is located between Lots 21 and 22, but not
along the reer lot line of the Stringer property or the west edge of the walkway rlght-of.way.
Consequently Rick Fosse, City Engineer, has determined that there is no need from the City's
perspective to rete in the storm sewer easement across the west edge of the walkway rlght-of-
way.
STAFF RECOMMENDATION:
Staff recommends that the 1 O-foot wide public walkway right-of.way located adjacent to the
southwest lot line of Lot21, Windsor Heights, Fifth Addition, be vacated, subject to retaining
the 20.foot wide sanitary sewer and utility easement located along the N. Seventh Avenue
frontage.
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.8IIACHMENTS:
1. Location Map.
2. July 28, 1993, Vacation Request Letter and Attachments.
3. Assistant County Attorney's May 14, 1991, Letter.
4. Portion of Windsor Heights, Fifth Addition, Preliminary Plat.
Approved by:
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Monica Moen, Senior Planner
Department of Planning and
Community Development
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HICKORY HILL PARK J ) ~
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LOCATION MAP I
VAC 93-0002 I
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HAYEK, HAYEK & BROWN
ATTORNEYS AT LAW
WILLJ. HAYCK 11896.19021
JOHN W. HAyeK
C. PCTER HAYEK
DAVID C. BROWN
BRCMER BUILDINQ
120'"' CAST WASHINGTON STREET
IOWA CITY,IOWA 52240-3916
LISA A, OXLEY
Urban Planning
Civic Center
410 East Washington Street
Iowa CitYI Iowa 52240
Re: C. Vivian Stringer
Dear Madam or Sir:
July 28, 1993
Enclosed is an Iowa City Planning Program Development
Application Form for vacation of a city-owned walkway that
adjoins Vivian Stringer'S property on North Seventh Avenue.
This application has also been sent to the City Clerk.
JWH:rs
Enclosure
cc: C. Vivian Stringer
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AREA COOE 319
TELEPHONE 337.9606
FAX 338.7376
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LEGAL DESCRIPTION
The area designated as "Walkway" located between Lots
20 and 21, Windsor Heights Fifth Addition, an addition
to the City of Iowa city, Iowa, according to the plat
thereof recorded in plat Book 17, Page 36, in the
Johnson County Recorder's Office.
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Criminal
OavldV.Trtfany
RodRl)noIdo
JoIonBaas".,
KolIy G. RaInes
JwIM.Lynou
Ka~D.Slaele
Clvll-Juvenllo
MnllM.1.ahey
DebGrahS.RQberson
Li"daM.Paulson
J. Patrick White
County Attorney
Child Support
Carol~ Tumol
1-/319J-362-8645
May 14, 1991
Don schmeiser
Director of Planning and Program Development
Iowa city civic Center
410 E. Washington
Iowa city IA 52240
RE: Walkway in Windsor Heights 5th Addition
Dear Mr. Schmeiser:
Johnson County holds a scavenger tax sale certificate to
the parcel of property marked "A" on the enclosed county
Auditor's plat map. North of "A" is a narrow strip of
land, highlighted in blue on the Auditor's map, that was
described as a "walkway" on the final plat for Windsor
Heights 5th Addition, dedicated to the pUblic, and accepted
by the city when the counsel approved the plat in 1978.
Copies of a portion of the final plat, the resolution
approving it, and the dedication are enclosed.
My brief inspection of the area indicates no present public
use of the "walkway".
I have been asked if Johnson County would convey its
interest in Lot "A", on the condition that the "walkway"
could also be acquired. The county could convey its
interest in Lot "A", but independent action by the city of
Iowa city would seem to be required to place the "walkway"
in private ownership.
Could you let me know if the city is willing to take ,
whatever steps it deems necessary to place the "walkway" in
private ownership? If indeed it serves no public purpose,
the "walkway" could generate a little tax revenue.
I can be reached at 339-6100. Your help is appreciated.,
Sin
c;jh~ Bu ey
Assistant County Attorney
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City of Iowa City
MEMORANDUM
Date:
September 1, 1993
To:
Melody Rockwell, Associate Planner
Mary Lee Dixon, Property Consultant\.lliY"
From:
Re:
Valuation of walkway right-aI-way
I am responding to your request in regard to establishing a value lor a walkway right-of-way
area. This area is shown on the attached location map (shaded area adjacent to Parcel A).
It is my understanding that Vivian Stringer has indicated an interest In purchasing this
walkway from the City 0
As a bit of background, the parcel shown as A on the attached location map was purchased
by the Stringers through the process of a tax sale. The date 01 the sale was September 18,
1992 and the sale price was $125.86. This amount was the a!l1ount then necessary to
redeem the parcel from a tax sale. (I assume this was the amount of delinquent taxes lor this
parcel at that time.)
I checked with the Johnson County Assessor as to the assessed value of Parcel A and found
that the assessed value prior to the tax sale was $450000. According to the Assessor's
records, the size of Parcel A is apprOXimately 21' x 125', or 2625 square leet. Therelore, the
assessed value of Parcel A is $0.1714 per square foot.
I would suggest you use the square foot valuation of Parcel A as a guide in determining an
accepteble sale price for the subject walkway right-aI-way. Parcel A Is similar to the subject
In that It Is adjacent to the subject, it is similar In size (it is not a buildable lot but an excess
strip 01 vacant land) and it is similar In shape (rectangular).
The walkway right-of-way is approximately 1,267 square feet. The value would be computed
as follows:
1267 square feet x $0.1714 = $217.16, rounded to $217.00.
Please let me know if you have any questions.
n.lwalkw.V
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the Iowa City City
Council will hold a meeting for public hearing
on the 14th day of September, 1993, in the
Civic Center Council Chambers, 410 E, Wash-
ington Street, at 7:30 p,m., in consideration of
the following items:
1. An application submitted by Vivian String-
er to vacate a ten.foot wide walkway
right'of-wav located along the southwest
lot line of 415 N. Seventh Avenue proper-
Gty, '
2, An application submitted by Kennedy
Plaza, Inc. to rezone property located at
702 S. Gilbert Street from CI-l, Intensive
Commercial, to CC.2, Community Com-
mercial.
3. A request submitted by Windsor Ridge
Development Co. to amend the conditional
zoning agreement for an approximate 240
acre tract located east of SCOll Park, south
of Lower West Branch Road, and north of
American Legion Road that was zoned
.from County RS, Suburban Residential, to
RS.5, Low Density Single.Family Residen-
tial. on March 30, 1993.
Persons interested in expressing their views
concerning said items. either verbally or in
writing, will be given the opporiunity to be
heard at the above.mentioned time and place.
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ORDINANCE NO.
,
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE 1,65
ACRE TRACT OF LAND LOCATED AT 702
SOUTH GILBERT STREET, IOWA CITY,
IOWA, FROM CI-1, INTENSIVE
COMMERCIAL, TO CC.2, COMMUNITY
COMMERCIAL
WHEREAS, Kennedy Plaza Inc. and
Capitol Implement Co., the applicant and
owner, have requested the City to rezone an
approximate 1.65 acre tract of land located
at 702 South Gilbert Street, Iowa City, Iowa,
from CI-1, Intensive Commercial, to CC.2,
Community Commercial; and
WHEREAS, the subject property Is
located In an area of general commercial
development; and
WHEREAS, the land uses allowed In the
proposed CC.2 zone are compallble with the
exlsllng land uses In the surrounding area
and the land uses permitted by the zoning
on adjacent properties; and
WHEREAS, the Planning and Zoning
Commission and City staff recommended
approval of the proposed rezoning.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
SECTION I. APPROVAL. The property
legally described In Attachment "A", attached
hereto and Incorporated by reference, Is
hereby reclassified from Its present
classification of CI-1, Intensive Commercial
to CC-2, Community Commercial.
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,
epproval and publication of this Ordinance
as provided by law.
SECTION III. CERTIFICATION AND
RECORDING. The City Clerk Is hereby
authorized and directed to certify a copy of
this Ordinance which shall be recorded by
the owner at the Olflce of the County
Recorder of Johnson County, Iowa, upon
final passage and publication as provided by
law,
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Ordinance No.
Page 2
SECTION IVo REPEALER. All ordinances
and parts of ordinances In conflict with the
provision of this Ordinance are hereby
repealed,
SECTION V, SEVERABILITY, If any section,
provision or part of this Ordinance shall be
adjudged to be Invalid or unconslllutional,
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 alter Its flnal
passage, approval and publication, as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Approved by
0) aw.o..., L
City Attorney's Office
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ATTACHMENT "A"
LEGAL DESCRIPTION
The following described real estate situated in Johnson
County, Iowa, to wit:
Beginning at a 5/8 inch iron pin found at the
Southeast Corner of Lot 4, of Block 226 of the county
Seat Addition to Iowa city; Thence N89 35'00"W, (A
Recorded Bearing) along the Northerly Line of Lafayette
street, 55.80 feet, to a 5/8 inch iron pin found on the
Easterly Right-of-way Line of Relocated Gilbert street;
Thence N16011'51I1E, along said Easterly Right-of-way
Line of relocated Gilbert street, 119.25 feet, to a 5/8
inch iron pin found; Thence Northeasterly 155,72 feet
along said Easterly Right-of-way Line of relocated
Gilbert street, on a nontangent 919,93 foot radius
curve, concave Southeasterly, whose 155.53 foot chord
bears N21047'45I1E, to its intersection with the
Northerly Line of the parcel conveyed by the Chicago
Rock Island & Pacific Railroad company to Capitol Im-
plement company, Recorded in Book 298, at page 261, of
the Records of the Johnson county Recorder's Office;
Thence Southeasterly, 244,25 feet along said Northerly
Line, on a 256.98 foot radius curve, concave southwest-
erly, whose 235.16 foot chord bears S51004'34I1E, to a
point on the Southwesterly Line of the Railroad Depot
Grounds; Thence S74036'47I1E, along said Southwesterly
Line, 39,10 feet, to its intersection with the westerly
Right-of-way Line of Gilbert Court (formerly known as
Gilbert street); Thence SOOo28'54I1W, along said west-
erly Line of Gilbert court, 175.38 feet, to the South-
east Corner of Lot 1 of Block 4, of Lyonls First Addi-
tion; Thence N87003'07I1W, 99,31 feet; Thence
SOOoU'19I1E, 20,00 feet, to a 5/8 inch iron pin with
Stoffer P,E. & L.S. No. 6709 cap affixed; Thence
S8901e'oellw, 105,29 feet, to a 5/8 inch iron pin found
at the Northwest Corner of Lot 6 of said Block 4, of
Lyon'S First Addition; Thence NOOOOOIOOIIE, along the
East line of Maiden Lane e9,97 feet, to the Southeast
Corner of the parcel conveyed by Quit Claim Deed
Recorded in Book 823, at Page 225, of the Records of
the Johnson County Recorder's Office; Thence
N89035'00IlW, 50,00 feet, to the point of Beginning.
Said tract of land contains 1.65 acres, more or less,
and is subject to easements and restrictions of Record;
the above-described real estate is also described as fol-
lows:
commencing at the Southeast corner of Lot 7 in
Block 4 of Lyon'S First Addition, Iowa city, Iowa;
thence North 144.00 feet to the point of beginning;
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thence North 155.00 feet; thence North 75003' West
215.65 feet; thence South 0021'30" East 210.67 feet;
thence East 207.00 feet to the point of beginning, The
above is in accordance to the place recorded in Plat
Book 2, Page 152 in the Recorder's Office of Johnson
County, Iowa.
Also, Commencing at the northwest corner of Lot 4
in Block 4 of Lyon's First Addition, Iowa City, Iowa;
thence North 0021'3011 West 20,73 feet to the point of
beginning; thence South 75003' East 174,42 feet; thence
Northwesterly 227,19 feet along a 256,98 foot radius
curve concave Southwesterly; thence South 0021'3011 East
97,95 feet to the point of beginning,
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Robert Miklo
Item: REZ 93.0009, 702 S. Gilbart St.
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Date: August 19, 1993
GENERAL INFORMATION:
Applicant:
Capitollnvastment Co.
Kennedy Plaza, Inc.
920 S. Dubuqua St.
P.O. Box 2000
Iowa City, IA 52244
Contact person:
Michael W. Kennady
Phone: 351-B1B1
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Requestad action:
Rezoning from CI-1 to CC-2
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Purpose:
To permit retail uses to occupy a build.
ing currently under constructiono
Location:
702 S. Gilbert Street.
Size:
1.65 acres.
Existing land use and zoning:
Mixed use commercial/residential build-
Ing under construction, CI-1.
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Surrounding land use and zoning:
North - Heartland Railway; CI-1,
East - Heartland Railway, Residential;
CI-1, RS-S.
South - Kirkwood Adult Education
Facility, Residential; CI.l, RS.
8.
West . Commercial; CC-2.
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Comprehensive Plan:
Intensive Commercial.
File date:
June 14, 1993.
45-day limitation period:
August 30, 1993.
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BACKGROUND:
The subject property until recently was the site of a farm implement dealer which required CI.
1, Intenslva Commercial zoning. The property was recently developed with a three'story
building known as Kennady Plaza. The building contains approximately 16,500 square feet
of commercial araa on the ground floor, and a total of 28 dwelling units on the second and
third floors. The property contains 128 parking spaces In two parking lots. The primary
parking lot has driveway access to Lafayette Street and Malden Lane which then provide
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access to Gilbert Street. A smaller parking lot is located east of the building with access via
Gilbert Court.
In August of '992, the Board of Adjustment granted a special exception to allow the
construction of 28 dwelling units above the ground floor commercial space. A spacial
exception for dwelling units above the ground floor is raquired in both the CI-' and CC-2,
Community Commercial, zones.
The applicant is now proposing to rezone the property from CI-' to CC-2 to allow a variety
of retail uses to occupy the ground floor. The current CI-' zoning allows only limited retail
uses.
ANALYSIS:
The current CI-' zoning of this proparty is intended to provide areas for sales and service
functions in businesses whose operations are typically characterized by outdoor display,
storaga and/or sale of merchandise, by repair of motor vehicles, by outdoor commercial
amusement and recreational activity or by activities or oparations conducted in buildings
where the structure is not completely closed. The farm implement dealership which formerly
occupied this property is characteristic of CI-' useso
Gilbert Street south of downtown contains a mixture of both CC-2 and CI-' zoning and useso
Recent developments along the Gilbert Street corridor have been more characteristic of COo, ,
Commercial Office, and CC-2 uses. Examples include the office and mixed use
office/residential development directly to the west of the subject property. These uses tend
to be more attractive than uses often found in the CI-' zone. They are less intense than CI-1
uses and do not contain outdoor storage yards. They therefore may be more appropriate for
a highly visible corridor such as South Gilbert Street.
The design of the applicant's building is more typical of a CO-1 or CC-2 type building. The
current CI.1 zoning allows some commercial uses, such as offices, which would be compatible
with highly visible locations, and it is unlikely that given the design of the building, that typical
CI.1 uses would locate on this property. The applicant, however, would like to expand the
retail type uses that could locate on this property. The current CI-' zoning allows only limited
retail uses associated with a permitted CI-' use and limits the floor area of retail uses to 50%
of the total ground floor area.
The Comprehensive Plan land use map indicates a large area on either side of Gilbert Street
south of the Iowa Interstate Railway tracks as being appropriate for intensive commercial land
uses. The plan shows the area just to the north of the railroad tracks as appropriate for
general commercial land uses. The proposed rezoning varies from the Comprehensive Plan
in that general commercial land uses would further extend into an area designated by the plan
for Intensive commercial land uses. General commercial uses and CC-2 zoning, have already
been established to the west and south of the subject property on both sides of Gilbert Street.
The maps presented within the Comprehensive Plan outline In general fashion the location of
different land uses and should be interpreted with flexibility at the boundaries of designated
uses as long as appropriate transitions between areas occur. Given that the proposed zone
change occurs atthe boundary of two commercial areas, as designaied by the Comprehensive
Plan, and is a relatively small area, an amendmAnt to ihe Comprehensive Pian in order to allow
the zone change does not appear to be necessary in staff's opinion,
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Although staff has a generally favorable view to the proposed rezoning, It should be noted
that retail land uses generally generate more traffic than office uses and most CI-1 type uses
that would be anticipated to locate on this property, If the requested rezoning is not approved.
Gilbert Street currently is constrained In its ability to efficiently carry traffic and edditional
retail uses along this street may add to this existing problem. Given the relatively small size
(1.65 acre) of the parcel proposed for rezoning, this concern may not be sufficient enough to
warrant the denial of the proposal.
In some cases CI.' uses require less parking than uses allowed In the CC.2 zone. Regardless
of the uses which locate on this property, parking sufficient to satisfy the zoning requirements
for off-street parking will be required before a certificate of occupancy Is Issued.
Given the high visibility of the subject property, and the location of CC-2 zoning immediately
to the west, the applicant's proposal to rezone the relatively small parcel from CI-' to CC-2
zoning would appear to be appropriate for the general character of the area. The addition of
retail uses in this vicinity may result in the generation of more traffic on Gilbert Street which
currently Is constrained. However, the small relative size of the retail square footage which
will be added In this area, makes it difficult to quantify whether or not the potential increase
in traffic is significant, and thus would warrant not approving the zone change.
STAFF RECOMMENDATION:
Staff recommends that the applicant's request to rezone 702 S. Gilbert Street from CI-' to
CC-2 be approvedo
ATTACHMENT:
1. Locaiion Map.
Approved
~
M nica Moen, Senior Planner
D partment of Planning and
Community Development
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BARKER, CRUISE, KENNEDY, HOUGHTON a. FOSTrrrry [[j)}f
LAWYERS ~ ~ ~
SlZO S. DUBUQUE: STREET. P.O. BOX 2000
IOWA CITY. IOWA AREA COOE 01.
~2244 TEL.tPHONE :J~U'8IBI
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CHARL.tS A. BARKER
\JOHN D. CRUISE
MICHA.EL. W. KENNEDY
\JAMES D. HOUGHTON
DA.VIS L.. rOSTER
M. REBECCA SEIDL.
STEVEN C. ANDERSON
TERESA R. WAGNER
August 25, 1993
Mr. Darrel G. Courtney, Mayor
City of Iowa city
410 E. Washington Street
Iowa City, IA 52240
Re: Zoning Item REZ93-0009
Kennedy Plaza
, Dear Mayor Courtney:
On behalf of Kennedy Plaza, Inc., I am requesting that the
City Council waive the three readings of the ordinance rezoning
the Kennedy Plaza property at 702 S. Gilbert Street, Iowa City.
As you know from the information submitted to you, this rezoning
takes the proPerty from CI-1 to CC-2. The property was formerly
used as an implement dealership and has now been redeveloped into
commercial-retail use with apartments above.
The staff has recommended approval of the rezoning. The
'Planning & Zoning Commission unanimously recommended approval.
There are some commercial tenants who are waiting to move
into the property and begin retail activities and hope to be es-
tablished well before the holiday season. Their occupation of
the property is contingent upon completion of the rezoning.
We would appreciate your consideration with this matter.
Very truly yours,
John D. Cruise
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cc: MiChael E. Hodge
Robert Miklo
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the Iowa City City
Council will hold a meeting for public hearing
on the 14th day of September, 1993, in the
Civic Center Council Chambers, 410 Eo Wash.
ington Street. at 7:30 p,m" in consideration of
the following items:
1. An application submitted by Vivian String.
er to vacate a ten.foot wide walkway
right,of-way located along the southwest
lot line of 415 N, Seventh Avenue proper-
ty.
20 An application submitted by Kennedy
Plaza, Inc. to rezone property located at
702 So Gilbert Street from CI-l, Intensive
Commercial, to CC-2, Community Com.
, mercial.
(31 A request submitted by Windsor Ridge
V Development Co, to amend the conditional
zoning agreement for an approximate 240
acre tract located east of Scott Park, south
of Lower West Branch Road, and north of
American Legion Road that was zoned
from County RS, Suburban Residential, to
RS.5, Low Density Single.Family Residen.
tlal, on March 30, 1993.
Persons interested in expressing their views
concerning said items, either verbally or in
writing, will be given the opportunity to be
heard at the above. mentioned tim,e and place.
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ORDINANCE NO,
AN ORDINANCE AMENDING ORDINANCE
NO. 93-3565 AND THE ACCOMPANYING
CONDITIONAL ZONING AGREEMENT FOR
AN APPROXIMATELY 240 ACRE TRACT,
KNOWN AS WINDSOR RIDGE, LOCATED
EAST OF SCOTT PARK, SOUTH OF
LOWER WEST BRANCH ROAD, AND
NORTH OF AMERICAN LEGION ROAD.
WHEREAS, on March 30, 1993, the City
Council approved Ordinance No. 93-3565
(hereinafter . "Ordinance"), rezoning an
approximately 240 acre tract, located east of
Scott Park, south of Lower West Branch
Road and north' of American Legion Road,
from the Johnson County designation of RS,
Suburban Residential, to RS-5, Low Density
Single-Family Residential; and
WHEREAS, said Ordinance authorized
execution of a Condlllonal Zoning
Agreement between the City of Iowa City
and Windsor Ridge Development Co.
("Develope~'), which Agreement IImlled
development of the subject property; and
WHEREAS, Condition 4,0. set forth In the
Conditional Zoning Agreement, and
recorded on April 5, 1993, In Book 1521,
Page 54 of the Johnson County Recorder's
Office, provides: "The Owner shall convey a
minimum of 13 acres, to the Iowa City
Community School District for use as a
public school site, the location of which shall
be negotiated with the City and the School
District"; and
WHEREAS, several Issues arose regarding
the Interpretation of Condition 4.co
warranting clarification of the conditions for
the transfer of approximately 13 acres of
property to the School District, Including the
timing, location, possession, and
remuneration; and
WHEREAS, the Planning and Zoning
Commission recommended approval of the
proposed amendment to Section 4,c, of the
Conditional Zoning Agreement between the
City and the Developer; and
WHEREAS, the City and Developer now
wish to amend to original Ordinance and
Conditional Zoning Agreement to clarify
Condition 4,c. and to set forth the conditions
for the transfer of property from the
Developer to the School Dls!rlct, which
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Ordinance No,
Page 2
amended Agreement Is attached hereto and
Incorporated by reference herein,
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. Ordinance No, 93-3565 and the
accompanying Conditional Zoning
Agreement are amended by deleting Section
4,c. of the Agreement In Its entirety and
adopting, In lieu thereof, the following:
c. Owner shall covenant with the City to
reserve a minimum of thirteen acres to
be used for construction of a public
school, Owner, the City and the Iowa
City Community School District shall
negotiate the location of the parcel for
the potential school site. The location
shall be either In Outlot 0 or Outlot L
as designated In the Preliminary Plat
or In the unplatted area north of Court
Street, all within the original 240 acre
annexation tracto Owner will retain
possession of the parcel until the
parcel may be conveyed to the Iowa
City Community School District as
described herein. The covenant will
run with the IItle to that parcel which
shall be designated a 'potential school
site' on the Final Plat of Windsor
Ridge Subdivision. This covenant
shall remain In effect unlll released of
record by the City as set forth herein,
If the Iowa City Community School
District decides to use the slle and
applies for a Building Permit to build a
school on the designated parcel within
twelve (12) years from the date the
parties execute this Amended
Conditional Zoning Agreement, Owner
shall convey the site to the School
District. If the School District has not
applied for a Building Permit within
twelve (12) years from the date the
parties execute this Amended
Conditional Zoning Agreement, the
covenant will expire and the use of the
parcel shall revert to the Owner. At
that time, the City will execute a
release of the covenant so that the
covenant will not constitute a lien and
cloud on the tille to the parcel, That
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Ordinance No,
Page 3
release will be recorded In the
Johnson County Recorder's Office at
Owner's expense.
If during the time period the
covenant Is In effect, the City enacts
an Ordinance requiring the payment of
a School Impact Fee as part of the
Final Plat approval process, Owner will
pay the required fees for those
Windsor Ridge Subdivision Parts which
have not yet received Final Plat
approval. No Impact fees shall be
paid for those Windsor Ridge
Subdivision Parts which have already
received Final Plat approval at the time
of the enactment of the Impact fee
ordinance. However, If the School
District uses the site to construct a
school and accepts conveyance of the
site, the City and/or the School District
will rebate to the Owner all fees
previously paid and Owner shall not
be required to pay any additional
Impact fees for Windsor Ridge
Subdivision Parts which may
subsequently be submitted for final
plat approval. If at any time during the
twelve (12) years following execution
of this Amended Conditional Zoning
Agreement, the School District
determines thaI the reserved site will
not be used for a public school, the
School District will notify the City and
Owner, and the City will execute a
release of the covenant upon receipt
of written notice that Owner has paid
the required Impact fees, If any,
The Ordinance and Amended Condlllonal
Zoning Agreement, after adoption, shall be
recorded In the Johnson County Recorder's
Office at Owner's expense,
SECTION 110 REPEALER. All ordinances and
parts of ordinances In conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION III. SEVERABILITY, If any secllon,
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,
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Ordinance No.
Page 4
provision or part thereof not adjudged Invalid
or unconstitutional.
SECTION IV, EFFECTIVE DATEo This
Ordinance shall be In effect after Its final
passage, approval and publication, as
provided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Ap~r~d by
Yl1awJ.o..0~ j) ~
City Attorney's Office / 9 - /0 _ 93
ppdadmlnlwrczamnd,ord
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AMENDED CONDITIONAL ZONING AGREEMENT
This Agreement Is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter '1he City") and Windsor Ridge Development Co, (hereinafter "Develope~'),
WHEREAS, Developer Is legal title holder of property located east of Scott Park, south of Lower
West Branch Road and north of American Legion Road, known as Windsor Ridge, and legally
described on Exhibit A attached hereto; and
WHEREAS, on March 30, 1993, the City Council of Iowa City approved Ordinance Noo 93-3565
(hereinafter "Ordinance") rezoning the approximately 240 acre tract of property, known as
Windsor Ridge, from the Johnson County designation of RS, Suburban Residential, to RS'5, Low
Density Single-Family Residential; and
WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between the
City and the Developer which limited development of the property; and
WHEREAS, said Ordinance and Agreement were recorded on April 5, 1993, In Book 1521, Page
54 of the Johnson County Recorder's Office; and
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WHEREAS, Condition 4.c. set forth In the Agreement provides: "The Owner shall convey a
minimum of 13 acres to the Iowa City Community School District for use as a public school site,
the location of which shall be negotiated with the City and the School District"; and
WHEREAS, the City and Developer now wish to amend the Conditional Zoning Agreement to
clarify Condition 40c. and to set forth the conditions for the transfer of property from the
Developer to the School District.
NOW, THEREFORE, THE CITY AND DEVELOPER AGREE AS FOLLOWS:
1. The City and Developer acknowledge that several Issues arose regarding the
Interpretation of Condition 4,c. of the original Conditional Zoning Agreement warranting
clarification of the conditions for the transfer of approximately 13 acres of property to the
School District, Including the timing, location, possession, and remuneration,
20 The City and Developer now wish to amend the original Conditional Zoning Agreement
for Windsor Ridge In order to clarify Condition 4,c. and to set forth the conditions for the
transfer of property for a school site.
3. The original Conditional Zoning Agreement dated February 23, 1993, and recorded In
Book 1521, Page 54 of the Johnson County Recorder's Office shall be and Is hereby
amended by deleting Section 4,c, of said Agreement In Its entirety and Inserting, In i1eu
thereof, the following:
c. Owner shall covenant with the City to reserve a minimum of thirteen acres to be
used for construction of a public school. Owner, the City and the Iowa City
Community School District shall negotiate the location of the parcel for the
potential school site, The location shall be either In Outlot 0 or Outlot L as
designated In the Preliminary Plat or In the unplatted area north of Court Street,
all within the original 240 acre annexation tract. Owner will retain possession of
the parcel unlllthe parcel may be conveyed to the Iowa City Community School
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District as described herein, The covenant will run with the title to that parcel
which shall be designated a "potential school site" on the Final Plat of Windsor
Ridge Subdivision, This covenant shall remain In effect until released of record
by the City as set forth herein.
If the Iowa City Community School District decides to use the site and applies for
a Building Permit to build a school on the designated parcel within twelve (12)
years from the date the parties execute this Amended Conditional Zoning
Agreement, Owner shall convey the site to the School District. If the School
, District has not applied for a Building Permit within twelve (12) years from the date
the parties execute the Amended Conditional Zoning Agreement, the covenant will
expire and the use of the parcel shall revert to the Ownero At that time, the City
will execute a release of the covenant so that the covenant will not constitute a
lien and cloud on the title to the parcel. That release will be recorded In the
Johnson County Recorder's Office at Owner's expenseo
If during the time period the covenant Is In effect the City enacts an Ordinance
requiring the payment of a School Impact Fee as part of the Final Plat approval
process, Owner will pay the required fees for those Windsor Ridge Subdivision
Parts which have not yet received final plat approvalo No Impact fees shall be
paid for those Windsor Ridge Subdivision Parts which have already received Final
Plat approval at the time of the enactment of the Impact fee ordinance. However,
If the School District uses the site to construct a school and accepts conveyance
of the site, the City and/or the School District will rebate to the owner all fees
previously paid and Owner shall not be required to pay any additional Impact fees
for Windsor Ridge Subdivision Parts which may subsequently be submitted for
final plat approval. If at any time during the twelve (12) years following execution
of this Amended Conditional Zoning Agreement, the School District determines
that the reserved site will not be used for a public school, the School District will
notify the City and Owner, and the City will execute a release of the covenant
upon receipt of written notice that Owner has paid the required Impact fees, If any.
4. The City and Developer acknowledge that the conditions contained herein are reasonable
conditions to Impose on the land under Iowa Code ~41405 (1993) and are appropriate
conditions required to satisfy public needs directly caused the the rezoning of .thls
property,
5. Developer acknowledges that In the event the subject property Is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
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6. The City and Developer acknowledge that this Amended Conditional Zoning Agreement
shall be deemed to be a covenant running with the land and with the title to the land and
shall remain In full force and effect as a covenant running with the title to the land, unless
or until released of record by the City, The City and Developer further acknowledge that
this Agreement shall Inure to the benefit of and bind all successors, representatives and
assigns of the City and Developer,
7. Nothing In this Agreement shall be construed to relieve the Developer from complying
with all eppllcable local, state and federal regulations,
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8. Nothing In this Amended Conditional Zoning Agreement In any way alters, amends or
modifies the original Conditional Zoning Agreement except as set forth above.
9. The City and Developer agree that Developer shall record this Amended Conditional
Zoning Agreement In the Johnson County Recorder's Office,
Dated this _ day of , 19930
WINDSOR RIDGE DEVELOPMENT CO, '
CITY OF IOWA CITY
By
By
Lowell Swartz, President
Darrel G. Courtney, Mayor
By
Attest
Marian K. Karr, City Clerk
Gary Watts, Senior Vice Pres.
Approved by:
-
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this day of ,19_, before me,
, a Notary Public In and for1he State of Iowa, personally appeared
Darrel G. Courtney and Marian K. Karr, to me personally known, and, who, being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
thaI the seal affixed to the foregoing Instrument Is the corporate seal of the ccrporatlon, and that
the Instrument was signed and sealed on behalf of the corporation, by authority of Its City
Council, as contained In (Ordinance) (Resolution) No. passed (the Resolution
adopted) by the City Council, under Roll Call No. of the City Council on the
day of , 19_, and that Darrel G. Courtney and Marian
K. Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by It voluntarily executed.
Notary Public In and for the State of Iowa
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STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this _ day of , 1993, before me, the undersigned, a Notary Public
In and for the State of Iowa, personally appeared Lowell Swartz and Gary Watts, to me personally
known, who being by me duly sworn did say that they are the President and Senior Vice
President, respecllvely, ofthe corporallon executing the within and foregoing Instrument, that no
seal has been procured by the corporallon; that said Instrument was signed on behalf of the
corporallon by authority of Its Board of Directors; and that Lowell Swartz and Gary Watts as
officers acknowledged the execution of the foregoing Instrument to be the voluntary act and deed
of the corporation, by It and by them voluntarily executed.
Notary Public In and for the State of Iowa,
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EXHIBIT A
All that part of the E Y, of Sec. 18. Twp. 79 No. R. 5 West of the 5th PoM.
lying north of the Muscatine Road, except the North 60 acres of the NE y. of
said Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M., except:
Commencing at the concrete monument marking the southwest corner of the
SE y. of Sec. 18, Twp. 79N., R. 5 West of the 5th P.M.; thence on an
assumed bearing of Noo09'30" West 2408.4 feet to the centerline of the
American Legion Road and the place of beginning; thence North 1886.06 feet;
thence East 520.0 feet: thence South 300.0 feet; thence West 115.0 feet:
thence South 300.0 feet: thence East 75.0 feet; thence South 2047'0" East
921.87 feet: thence South 67025'30" East 257.94 feet; thence South
22034'30" West 538.94 feet to the centerline of the American Legion Road:
thence North 67024'20' West 602.26 feet to the place of beginning, and
containing 23.8 acres, more or less and except:
Commencing at the NE corner of Sec. 18, T79N, R. 5W of the 5th P,M.; thence
SooOO'30" E, 3165.25 feet along the east line of said Section to the point of
beginning; thence SooOO'30"E, 808.21 feet along the east line of said Section
to the centerline of American Legion Road; thence N67024'20"W, 808.21 feet
along the centerline of American Legion Road; thence N22035'40"E, 538.98
feet; thence N89059'30'E, 538.98 feet to the point of beginning, said tract
containing 10.00 acres more or less. and except:
Commencing as a point of reference at the NE corner of Lot 29, Part 1 of Far
Horizons Subdivision and Sec. 18, Twp. 79N., R5 West of the 5th P.M.,
Johnson County, Iowa; thence North 89057'00" East 881.71 feet to a point
(for purposes of this description, the North line of said Lot 29 Is assumed to
bear due East); thence South 103'00' East 676.10 feet to the point of
beginning of tract herein described; thence continuing South 103'00" East
441.00 feet to a point; thence South 88057'00" West 292.00 feet to a point;
thence North 1 03'00" West 150.00 feet to a point; thence North 31 050'22"
East 178.63 feet to a point; thence North 103'00" West 61 .00 feet to a point;
thence North 28018'28" East 91.79 feet to a point; thence N88057'00" East
150.00 feet to the point of beginning and containing 2.4 acres more or less,
and except:
Commencing as a point of reference at the NE corner of Sec. 18. Twp. 79N.,
Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence
South 50000'30" East 1,469.72 feet along the East line of the Northeast
quarter of said Section 18 to a point of beginning of tract herein described (this
Is an assumed bearing for purposes of this description bearing for purposes of
this description onlyl: thence South 89057'00" Wast 166,00 feet to a point;
thence North 0000'30" West 188.00 feet to a point; thence South 89057'00"
West 159.00 feet to a point: thence South 0000'30" East 364.09 feet to a
point; thence North 89057'00" East 325.00 feet to a point of intersection with
the East line of the Northeast quarter of said Section 18; thenca North
0000'30" West 176.09 feet along the East line of the Northeast quarter of seid
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Section 18 to point of beginning and containing 2.0 acres, more or less, and
except: '
Commencing as a point of reference at the Northeast corner of Sec. 18, in
Twp. 79N. R. 5 West of the 5th P.M.. thence SooOO'30" east 1281.72 feet
along the East line of the NE y, of said Sec. 18, to a point (this is an assumed
bearing for purposes of this description only), thence South 89057'00" West
33.00 feet to a point of intersection with the Westerly right-of-way line of the
County Road and point of beginning of tract herein described thence continuing
South 89057'00" West 133.00 feet to a point, thence South 0000'30" East
188.00 feet to point; thence North 89057'00" East 133.00 feet to a point of
intersection with the Westerly right'of-way line of said County Road; thence
North 0000'30' West Part of the NE * of Sec. 18, Twp. 79N. R. 5 West of
the 5th P.M., described as follows:
Commencing as a point of reference at the NE corner of said Sec. 18, thence
SooOO'30" East, 1146.72 feet along the east line of the NE * of said Sec. 18
to a point (this Is an assumed baa ring for purposes of this description only);
thence S89057'00" West 33 feet to a point of intersection with the Westerly
right-of-way line of the County Road and point of beginning of tract herein
described; thence continuing South 89057'00" West 292.00 feet to a point,
thence South 0000'30" East 135 feet to a point, thence North 89057'00' East
292.00 feet to a point of intersection with the westerly right.of-way line of said
County Road, thence north 0000'30" West 135.00 feet along the Westerly
right-of.way line of said County Road to point of beginning, and containing
0.90 acres, more or less, and except:
Commencing at the NE corner of Sec. 18, T79 N., R5 W of the 5th P.Mo,
thence SooOO'30" E 991.72 feet along the East line of said section to the point
of beginning, (the previous course and distance being a retrace of the survey
recorded In plat book 6, page 32, Plat Records of Johnson County, Iowa;
thence from the said point of beginning, S89057' W 325 feet; thence
SooO'30"E. 155 feet, thence N89057'E. 325 feet to the East line of said
Section 18, thence NooOO'30"W. along said East line of Section 18, 155 feet
to the point of beginning. Said tract containing 1.15 acres more or less.
Excepting therefrom the following described real estate, to-wit:
Commencing as a point of reference at the Northeast Corner of Section 18,
Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa;
Thence South 00000'30" East 991.72 feet along the Easterly line of the NE
Quarter of said Section 18 to a point (this is an assumed bearing for purposes
of this description onlyl; Thence South 89057'00" West 1,230.94 feet to a
Point; Thence South 01003'00" Eest 676,10 feet to the NE Corner of the
property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's
Office, Johnson County, Iowa; Thence S88057'OO" West 150.00 feet along
the Northerly line of seld property to the Point of Beginning; Thence South
28018'28" West 91.79 feet along the Westerly line of said Property to a Point;
Thence South 01003'00" East 61.00 feet along the Westerly line of said
Property to a Point; Thence South 31050'22" West 178.63 feet along the
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Westerly line of said Property to e point; Thence South 01 0 18'08" East 150.07
feet along the Westerly line of said Property to the Southwest Corner of said
Property; Thence South 37027'10 West 96.06 feet to a point; Thence South
00001 '50" East 1,134.59 feet to a point of intersection with the Centerline of
American Legion Road; Thence North 67027'14" West 54015 feet along said
Centerline to a point; Thence North 00'01 '50" West 1.452.03 feet to a point;
Thence South 89049'29" West 194.84 feet to a point; Thence North
01003'00" West 500.29 feet to a point; Thence North 90000'00" East 440.01
feet to a Point; Thence South Thence South 01 '03'00" East 316.02 feet to
the Point of Beginning, subject to easements and restrictions of record.
The area of this described parcel is 7 .04 acres more or less.
Parcels 'B" and "C" as described and depicted on the survey recorded in Book
30, Page 48, Plat Records of Johnson County, Iowa, and as more particularly
described as follows:
PARCEL "B"
Beginning at the Southeast Corner of the Southeast Quarter of Section 7,
Township 79 North, Range 5 West of the 5th. Principal Meridian, and for the
purpose of this Legal Description, the North Line of said Southeast Quarter of
Section 7 is assumed to bear N90000'00"E, in accordance with Existing
Surveys of Record; Thence SOOo 17'58"E, along the East Line of the Northeest
Quarter of the Northeast Quarter of Fractional Section 18, Township 79 North,
Range 5 West of the 5th. Principal Meridian, 991.72 feet, a Recorded
Dimenslo~, to the Line of the Existing Fence; Thence S89'41 '12"W, along the
Line of the Existing Fence, 1867.64 feet, to a Point which Is 244.09 feet,
N89041 '12"E, of the Northeast Corner of Lot 29 of the Replat of Palt One of
Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the
Records of the Johnson County Recorder's Office; Thence NOO"29'08"W,
along a Line Parallel with the West Line of said Southeast Quarter of Fractional
Section 7, 1886.95 feet; Thence N90000'00"E, along a Line Parallel with the
North Line of said Southeast Quarter of Section 7, 1863,54 feet, to a Point on
the East Line of said Southeast Quarter of Section 7; Thence SOo057'49"E,
885.09 feet, to the Point of Beginning, Said tract of land contains 80.71 acres,
more or less, and is subject to easements and restrictions of record.
PARCEL"C"
Beginning at a Y,-inch Iron Pin found at the Northwest Corner of the Southeast
Quarter, of Fractional Section 7, Township 79 North, Range 5 West of the 5th.
Principal Meridian; Thence N90'OO'OO"E, (a Recorded Bearing) 771.89 feet
along the North Line of said Southeast Quarter of Fractionel Section 7, to a 5/8-
inch Iron Pin found at the Northwest Cornar of the Parcel, the Survey of which
Is Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County
Recorder's Office; Thence SOO'OO'20"W, 326.03 feet, to the Southwest
Corner of said Surveyed Parcel; Thence SOO' 29'08"E, along a Line Parallel with
the West Line of said Southeast Quarter of Section 7, 330B.69 feet; Thence
S89'41 '12"W, 244.09 feet, to the Northwest Corner of Lot 29, of the Replat
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of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page
33, of the Records of the Johnson County Recorder's Office; Thence
S8go42'53" W, along the North Line of said Far Horizons Subdivision, 520.00
feet, to a 5/8-inch Iron Pin found at the Northwest Corner of Lot 1 of said Far
Horizons Subdivision; Thence NOoo45'33"W, along the Line of the Existing
Fence 1 043.05 feet, to a Standard Concrete Monument found at the South-
west Corner of said Southeast Quarter of Section 7; Thence NOo029'08"W,
2595.66 feet, to the Point of Beginning. Said tract of land contains 64.16
acres, more or less, and is subject to easements and restrictions of record.
Excepting therefrom the following described real estate, to-wit:
Commencing as a point of reference at the Northaast Corner of Section 18,
Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa;
Thence SOooOO'OO"E 991.72 feet along the Easterly line of the NE Quarter of
said Section 18 to a point (this is an assumed bearing for purposes of this
description only); thence South 89057'00"W 1,230.94 feet to a Point; Thence
South 01 003'OO"E 676.10 feet to the NE Corner of the property recorded In
Plat 800k 10, Page 35 at the Johnson County Recorder's Office, Johnson
County, Iowa; Thence S88057'00"W 150.00 feet along the Northerly line of
said property; Thence South 28018'28"W 91.79 feet along the Westerly line
of said Property to a Point; Thence S01 003'OO"E 61.00 feet along the Wasterly
line of said Property to a Point; Thence Sout~ 31 050'22"W 178.63 feet along
the Westerly line of said Property to a Point; Thence South 010 18'08"E 150.07
feet along the Westerly line of said Property to the Southwest Corner of said
Property; Thence South 37027'10"W 96.06 faet to a Point; Thence South
00001 '50"E 1,134.59 feet to a' Point of Intersection with the Centerline of
American Legion Road to the Point of Beginning; Thence N67027'14"W,
162.45 feet along said Centerline; Thence NOoo01 '50"W, 857.35 feet; Thence
N60017'56"E, 55.00 feat; Thenca NOoo01'50"W, 275.00 feet; Thence
N600 17'56"E, 117.63 feet; Thence S00001 '50"E, 1 ,280.17 feet to the Point
of Beginning. Said tract of land containing 3.85 acres, more or less, and is
subject to easements and restrictions of record.
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City of Iowa City
MEMORANDUM
Date: July 20, 1993
To: Planning & Zoning Commission
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From: Karin Franklin, Director, PC
Re: Windsor Ridge Conditional Zonl g Agreement
On March 30, 1993, the City Council approved the conditional zoning agreement for Windsor
Ridge which Included, among other things, provisions for the dedication of a site for a public
school. The Intent of all parties concerned..the developer, the Commission, the Council and the
School Dlstrlct--was to set aside land for the construction of a school at some future time to serve
the anticipated school population generated by this development. No one can guarantee that a
school will be built since construction Is dependent upon approval of a bond Issue by voters from
the entire District. To achieve equity for all the entitles concerned, a modification of the
conditional zoning agreement Is recommended for your consideration.
The amended agreement provides for retention of ownership of the school site by the
development company and requires a covenant to be placed on the land reserving the site for
a period of 15 years for the construction of a school. If at the end of the 15 years, no school has
been built or Is In the processing of being built, the covenant will expire and the development
company, or Its successors, will be required to pay any school Impact fee In place at the time,
not to exceed $100,000. The land will then be available for development; currently the land Is
zoned RS-5, Low Density Single. Family Residential.
The Commission Is requested to consider the amended conditional zoning agreement at this time.
With final platting of the Windsor Ridge Subdivision, a covenant will be required to reserve the
school site and will be recorded. Attached Is the proposed amendment to the agreement.
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PROPOSED AMENDMENT TO THE CONDITIONAL ZONING AGREEMENT BETWEEN
WINDSOR RIDGE DEVELOPMENT CO. AND THE CITY OF IOWA CITY
Amend provision 4,c of the Agreement dated February 23, 1993 to read as follows:
Owner shall covenant with the City to reserve a minimum of thirteen acres for construction
of a public school, Owner, the City, and the Iowa CJty Community School District shall
negotiate the location of the parcel for the potential school siteo The covenant will run
with the title to that parcel which shall be designated as "potential school site" on the
Final Plat of Windsor Ridge Subdivision which contains Outlot Qo This covenant shall
remain In effect until released of record by the City as set forth herein.
If the Iowa City Community School District constructs a school on the designated parcel
within fifteen (15) years from the date the parties execute this Amended Condition Zoning
Agreement, Owners shall convey the site to the School District. If the School District has
not constructed a school within fifteen (15) years from the date the parties execute this
Agreement, Owner shall pay an Impact fee to the School District according to the adopted
school Impact fee In force at the time but In no event to exceed $100,000, Upon receipt '
of written notice from the School District that the school has been constructed and
accepted by the School District as provided by law or that Owner has paid the required
Impact fee, the City will execute a release of the covenant so that the covenant will not
constitute a lien and cloud on the title to the parcel. That release will be recorded In the
Johnson County Recorder's Office at Owner's expenseo If at any time during the 15 years
following execution of this amended conditional zoning agreement, the School District
determines that the reserved site Is not appropriate for a public school, the City will
execute a release upon receipt of written notice that Owner has paid the required Impact
fee.
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CHARLES A. BARKER
JOHN D. CRUISE:
MICHAEL W. KENNEDY
"'AMES D, HOUGHTON
DAVIS L FOSTER
M. REBECCA SEIDl.
STtvEN C. ANDERSON
TERESA R. WAGNER
BARKER, CRUISE, KENNEDY, HOUGHTON Be FOSTER
LAWYERS
9Z0 S. DUBUQUE STREET. P. O. BOX 2000
IOWA CITY, IOWA
52244
AREA CODE 319
TELEPHONE 381.BIBI
FA)( 319.351.0805
August 9, 1993
IU:CEIVED -
AUG 1 2 1993
.0. OEPARTMEN
Mr. Tom Scott, Chairman
Planning & Zoning Commission
City of Iowa City
410 E. Washington
Iowa City, IA 52240
Re: REZ92-0013, Windsor Ridge Conditional Zoning
Agreement
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Dear Mr. Scott:
,
On behalf of the Iowa city Community School District, I want
to express some concerns about the Windsor Ridge Conditional Zon-
ing Agreement. That agreement was originally made February 23,
1993 after consultation with the School District staff and its
Board of Directors. It was our understanding that a condition
for the annexation and rezoning of the Windsor Ridge property was
that 13 acres would be donated to the School District to compen-
sate for the financial burden that was going to be placed on the
District as this area developed.
All of us working on behalf of the School District realize
that we have very little power in this matter and we appreciate
the cityls willingness to take into consideration the District's
needs. Since there is a proposed change to the Conditional Zon-
ing Agreement we think it would be useful to summarize some of
the Districtls concerns.
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Whenever farm land is annexed into the City for development
purposes, it is a sure thing that there will be a significant im-
pact on our school system. With 240 acres included in this an-
nexation and with other development in the area, we anticipate
the need for a new elementary school and we also anticipate sig-
nificant pressure on our junior high schools and high schools.
Funding for these needs can be spread across the entire District.
However, we believe that it would be appropriate to have some of
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Page -2-
August 9, 1993
the funding come from the owners of the newly annexed property by
way of a property donation or impact fee.
There is no impact fee ordinance in place now and we are un-
certain as to whether or not there ever will be such an or-
dinance. We have done some research on the issues regarding im-
pact fee ordinances and some investigation as to the use of im-
pact fee ordinances throughout Iowa. To the best of our knowl-
edge, there are no impact fee ordinances in place in this state.
There are enough problems with these ordinances in other states
that we are skeptical as to the adoption of an ordinance locally.
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There are many factors that influence the construction of
new schools. The most important factors are demographics and fi-
nancial considerations. We simply canlt know now that it will be
appropriate to build a new elementary school on the Windsor Ridge
property. It is quite possible but not certain.
The District would be best off to have a donation of the 13
acre site with no restrictions. In the event that the School
Board decides that the donated site will never be appropriate for
school purposes, we would like the option to sell the property
and use the funds for another building project. The present
agreement gives us the 13 acres "... for use as a pUblic school
site ...". The use restriction expressed would limit our use of
the property for 21 years when the restriction would expire as a
matter of law. This restriction removes the flexibility that we
would like to have.
Nonetheless, the original agreement may be more advantageous
to the District than the proposed amendment. Under the terms of
the amendment, the District would end up with nothing if it chose
not to Use this site for a school during the next 15 years and if
there was no impact fee ordinance in place. Though it is not an
ideal situation, we are probably better served by the original
agreement than the proposed amendment.
We would like to participate in the discussion of the pro-
posed amendment. We realize that we are on the outside looking
in. Nonetheless, since the stakes are high for the District and
since we are a public body, we believe we have the duty to serve
the interests of the constituents as best we can. I will attend
the meetings on August 16 and August 19. Perhaps, some other al-
ternatives may come to light and be more attractive to all of the
parties concerned.
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Page -3-
August 9, 1993
Thank you for your attention to our concerns.
JOe/dc
cc: Barbara Grohe
Jerald L. Palmer
Tim Grieves
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t/'Karin Franklinl Director
Department of Planning and
Community Development
City of Iowa City
310 E. Washington Street
Iowa City, IA 52240
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Dear Karin:
We would ask that you and all others involved in modifying the
exieting Conditional Zoning Agreement carefully review the
information contained herein.
Ae you know, we have had several informal discussions with city
Planning and Legal staff, Planning and Zoning Conunission input I and
with Mr. John Cruise I legal counsel for the School District, as
well ae our own legal counselors.
The information presented here is meant to compile some of the
various views expreseed and to project Windsor Ridge'S opinions on
elements of the proposed modifications.
Meanina of Oriainal Condition
Paragraph 4.-c. of the original agreement dated February 231 1993
reads as follows:
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c. Owner shall convey a minimum of 13 acres to the
Iowa City Conununity School District for use as a public
echool site, the location of which ehall be negotiated
with the City and the School District. (emphasis added)
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Windeor Ridge believes that Paragraph 4.-c. clearly states that the
site eelected will be ueed only for the purpose of building a
Public School at some future date. In other wordel a conveyance
will occur only if the site is ueed for actual construction of a
Public School. If the School Dietrict decides not to use the eite,
poeeeesion will remain with Windsor Ridge and the future use would
revert back to Windsor Ridge as well.
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It is unfortunate that any misunderstanding may have occurred
considering a possible conveyance to the School District of the
potential site without stipulating the intended use. CertainlYI it
was never the intention of Windsor Ridge to convey a 13 acre parcel
to the School District, then be forced to purchase the parcel back
or to see it be sold to others with the School District receiving
the proceeds from such a sale.
It hae always been and will continue to be the intention of Windsor
Ridge to work with the City and School District to select a
mutually acceptable site on which a Public School may be located in
the future. Currently, the preliminary Plat ehows Outlot 0 as a
possible school site. Other locations may exist north of Court
Street in the unplatted areas which have not been thoroughly
examined yet.
Determination of Use as Site and Future Convevance
~indsor Ridge would like to preeent a possible scenario: During
the time period of the covenant I the School District could decide
to pursue actual construction of a school on the proposed site.
This would begin a chain of events including designing the school,
costing the proposal I etc. leading to a bond vote. Before
construction could actually begin I a Building Permit would need to
be received by the School District. We believe this event could be
ueed as the milestone to trigger conveyance. Such an event might
be more clearly definable in time rather than the proposed change
wording which calls for completion of construction within 15 years.
Windeor Ridge would prefer the wording be changed to allow 12 years
'to Building Permit and construction could occur shortly thereafter.
Thie method of conveyance would also eliminate the need for one
euggeeted change Which called for deeding the property jointly to
the City and the School District.
Impact Fees
The present conditional zoning agreement contains no reference
whatsoever regarding propoeed "Impact Fees."
Windsor Ridge does not oppose the philosophical idea that
development indUced "impact fees" might be equitable trade-off in
the event the proposed School Site ie not actually used for a
Public School. However I we are reluctant to modify that proposed
element of the current Conditional Zoning Agreement until such time
that the actual detaile and overall dynamice of how an "Impact Fee"
Ordinance would be applied.
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For example, will a future impact fee be baeed on a per student,
per loti per value I per area, per any criteria not yet known? Will
the fee be imposed upon all other developments in other
municipalities and Johnson County all within the Iowa City School
District?
It ie our judgement and the legal opinion of our attorney (See
attached letter from Doug Ruppert to Marsha Bormann) that any
proposed modification should not include reference to "" Impact
Fees" until euch time that this issue is more clearly defined.
Currently, we intend to Final Plat Parts 1 thru 4 on the
Preliminary Plat. We ask that the change wording contain no
reference to "Impact Fees" for theee Parte. Perhaps, as future
areas are Final Platted, whatever ordinance in effect at that time
could be applied.
For an interesting comparison to the Windsor Ridge School Site
eituationl one need only review the background of the School
District's purchase of the land on which Weber School will be
located. The use of the Weber site will also contribute to the
need to perform significant up-grades in public facilitiee.
No one should misconstrue the sentiments of Windeor Ridge regarding
the school eite. We would like nothing better than to "break
ground" tomorrow to build a school in our Subdivision.
Unfortunately, we realize that for whatever reason this may never
happen I and in the meantime, our site will be unusable to us during
the covenant time period.
We suggest that City legal staff and Windeor Ridge negotiate the
wording of the propoeed change soon for submiseion to the Planning
and Zoning cornrniesion.
We further suggeet that the process to select the actual site be
continued so the area can be set aeide in accordance with the
Covenant. I
Thank you for your consideration in this matter.
Pleaee include a copy of this correspondence in the Planning and
Zoning Packet.
SincerelYI
t~a~4
President/Windsor Ridge
cc: Doug Ruppert
Mareha Bormann
Larry Schnittjer
John Cruise
Barbara Grohe
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WIL.LIAM L./olEARDON
WILLlAt-1 f. SUEPPEL
ROElERT N. DOWNER
",...r-lES p, IV.YES
JAI-Ie:S D. t-1cCARRAGUER
1-1I1AI< T, HAMER
THOMAS D. HOBART
l.tAROARET T. LAIN SON
DOUGLAS D,/lUPPERT
PAUL. J. l-IcANDREW,..IR
TIt-IOTlIY J.IIHUMM
WILLlA'" J. SUEPPEI.
CHARU:S A. MEARDON
STEVEN II. /'>lICHALEIt
MEARDON, SUEPPEL, DOWNER & HAYES P.L.C.
LAWYERS
l,u SOUTH LINN BTREE:T
f'I>X: (3191 33B.n50
T(LEPlIONE: 13101338.13222
IOWA CITY, IOWA S2240
August 9, 1993
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Ms. Marsha Bormann
Assistant Iowa city Attorney
410 East Washington street
Iowa city, Iowa 52240-1826
Dear Marsha:
The purpose of this letter is to express to you my reservations
regarding the Windsor Ridge conditional zoning' Agreement as it
relates to the ongoing discussions concerning a possible amendment
to impose an "impact fee" upon Windsor Ridge if a school site is
not conveyed to the school district.
I view this "impact fee" concept to be wholly speculative. My
client is being asked to agree to pay a fee that cannot now be
determined based upon an ordinance which is not in existence. As
far as the legal aspect of this issue goes, could you provide me
with the authority under which you believe the city of Iowa city,
IOlla, can impose this "impact fee" as a part of th'e Windsor Ridge
subdivision approval process?
As you know, my client is willing to convey a school site to the
school district when it is determined that the site will actually
be used for construction of a public school as a part of the
l~indsor Ridge development. I am sure you can appreciate the legal
concern with the "impact fee" I have raised in this letter. I
look forward to hearing from you, Marsha, and discussing this issue
with you in greater detail.
11ith kindest personal regards, I am
Sincerely yours,
2)1l'1It, ~, )('tt'-t
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Douglas D. Ruppert
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Submi tted by LO\/e11 Schwartz 8/13/93
PROPOSED AMENDMENT TO THE CONDITIONAL ZONING
AGREEMENT BETWEEN WINDSOR RIDGE DEVELOPMENT
CO. AND THE CITY OF IOWA CITY
Amend provision 4.c of the Agreement dated February 23, 1993 to read as follows:
Owner shall covenant with the City to reserve a minimum of thirteen
acres to be used for construction of a public school. Owner, the City,
and the Iowa City Community School District shall negotiate the location
of the parcel for the potential school site. The location shall be either in
Outlot 0 or Outlot L as designated in the Preliminary Plat or in the
unplatted area North of Court Street, all within the original 240 acre
annexation tract. Owner will retain possession of the parcel until the
parcel may be conveyed to the Iowa City Community School District as
described herein. The covenant will run with the title to that parcel
which shall be designated as "potential school site" on the Final Plat of
, Windsor Ridge Subdivision. This covenant shall remain in effect until
released of record by the City as set forth herein.
If the Iowa City Community School District decides to use the site and
applies for a Building Permit to build a school on the designated parcel
within twelve (12) years from the date the parties execute this Amended
Condition Zoning Agreement, Owner shall convey the site to the School
District. If the School District has not applied for a Building Permit
within twelve (121 years from the date the parties execute this
Agreement, the covenant will expire and the use of the parcel shall
revert to the Owner. The City will execute a release of the covenant so
that the covenant will not constitute a lien and cloud on the title to the
parcel. That release will be recorded in the Johnson County Recorder's
Office at Owner's expense.
If during the time period of the covenant, the City enacts an Ordinance
requiring the payment of Impact Fees as a part of the Final Plat approval
process, Owner will pay the required fees when the Subdivision Parts are
approved as a Final Plat. If the School District uses the site to construct
a school and accepts conveyance, the City will rebate to the Owner all
fees previously paid, If at any time during the twelve (121 years
following execution of this Amended Conditional Zoning Agreement, the
School District determines that the reserved site will not be used for a
public school, the School District will notify the City and the Owner and
the City will execute a release of the covenant upon receipt of written
notice that Owner has paid the required Impact fees,
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pz, ~J PROPOSED AMENDMENT TO THE CONDITIONAL ZONING AGREEMENT
('I'I"'r:i BElWEEN WINDSOR RIDGE DEVELOPMENT CO. AND THE CITY OF IOWA
w:;v(Ool'n. CITY
e.-f ~cJ,
(Z.-'-~. Amend provision 4,c of the Agreement dated February 23 1993to read as follows:
\::I':) Owner shall covenant with the City to reserve a minimum of thirteen acres
to be used for construction of a public school. Owner, the City, and the
Iowa City Community School District shall negotiate the location of the
pa'rcel for the potential school site. The location shall be either in Outlot 0
or Outlot L as designated in the Preliminary Plat or in the unplatted area
North of Court Street, all within the original 240 acre annexation tract.
Owner will retain possession of the parcel until the parcel may be conveyed
to the Iowa City Community School District as described herein. The
covenant will run with the title to that parcel which shall be designated a
"potential school site" on the Final Plat of Windsor Ridge Subdivision. This
covenant shall remain in effect until released of record by the City as set
forth herein,
If the Iowa City Community School District decides to use the site and
applies for a Building Permit to build a school on the designated parcel
within twelve (12) years from the date the parties execute this Amended
Conditional Zoning Agreement, Owner shall convey the site to the School
District. If the School District has not applied for a Building Permit within
twelve (12) years from the date the parties execute the Amended
Conditional Zoning Agreement, the covenant will expire and the use of the
parcel shall revert to the Owner. The City will execute a release of the
covenant so that the covenant will not constitute a lien and cloud on the
title to the parcel. That release will be recorded in the Johnson County
Recorder's Office at Owner's expense.
,
,
,
If during the time period the covenant is in effect, the City enacts an
Ordinance requiring the payment of a School Impact Fee as part of the
Final Plat approval process, Owner will pay the required fees for those
Windsor Ridge Subdivision Parts which have not yet received final plat
approval. No Impact fees shall be paid for those Windsor Ridge
Subdivision Parts which have already received final plat approval at the
time of the enactment of the impact fee ordinance. However, If the School
District uses the site to construct a school and accepts conveyance of the
site, the City andlor the School District will rebate to the owner all fees
previously paid and Owner shall not be required to pay any additional
impact fees for Windsor Ridge Subdivision Parts which may subsequently
be submitted for final plat approval. If at any time during the twelve (12)
years fOllowing execution of this Amended Conditional Zoning Agreement,
the School District determines that the reserved site will not be used for a
public school, the School District will notify the City and Owner and the City
will execute a release of the covenant upon receipt of written notice that
Owner has paid the required impact fees, if any.
18'e()
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