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HomeMy WebLinkAbout1994-03-01 Public hearing ,. ,i I , I .!I .::'jl \ ',j j \ ,):'1 '><:.1 , , , ,:i '.':'j ! '. ',,~ I " " ~/~~--; ,.<'-'. '" \> "I, '';'' ' (:'~ ''''~,' , r I, I ,I,l ,1 '/ t ~ .. I I, Ii , it. 0 -~ ," - .- , ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING," BY AMENDING SECTION 36-20.5, ENTITLED "CENTRAL BUSINESS SUPPORT ZONE." WHEREAS, the City has adopted the Central Businass Support Zone lCB-5) to encourage the orda~ly development of commercial and residential land uses in the Naar Southside Neighborhood; and WHEREAS, tha Planning and Zoning Commission has determined that amendments are needed to clarify the dimensional require- ments of the CB-5 zone, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I, AMENDMENTS. Chapter 36, Article II, entitled "PRINCIPAL USES AND REQUIREMENTS," Division 1 entitled "ZONES", Section 36-20.5 entitled "Central Business Support Zone ICB-5)" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing subsection leI and adopting a new subsection Ie) to read as follows: (el Dimensional reauirements. '! (1) Minimum lot area: None (2) Minimum lot width: None ('31 Minimum lot frontage: None (1;1 Minimum 'lards: 'front - None except the first story of buildings which abut Burlington Street shall be set back 10 feet from the right-of-way line. Building columns supporting upper stories may be located within this ten-foot setback provided an adequate pedestrian passageway Is maintained. Side - None Rear. None " (51 Maximum front yard 12 ft, i " ',."'" '" ",+,>,;;,y;,/.P.i.i:'>)i/" ~"'>"'\ ,'. '~;''''';r:' /~~:,':' "-,"".~' ,,,,~,, . I" ~ J "\ 0: 'i , 'i ' ..," '''~'''''I''''''''''''''''"S 01: 15' ;, , ' I ,j~"" ,;,.,,"',1 :.: .;, , ....:~l,: . : ' ~:. , ,:10,' , I ,.',,' ',' .' , '.'. ',.",', ....,...., .. .-', , ," " .:, __ ,'_.....~~__.......__..,."..,..'.......,'....u..'--"...,"'''~,-''-'........__.....__--:.;~A__..:____. ~. ":f Ordinance No. Page 2 (6) Minimum building height: 35 ft. (7) Maximum building bulk: Height - Lot coverage - Floor area ratio: Permitted base. 75 ft, None ,) I" .,~ ,-.. , " '\ ~ 3.0 above grade 4.0 including basement or cellar Maximum with 5.0 above grade approved bonuses (see Sec. 36- 20,5lill 6.0 including basement or cellar 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 MAYOR ~ ATTEST: CITY CLERK : I I ,I I l" ; f' II \>1 , 'j ') Approved by iJ1 1u"- 2- 2.5 -q~ ppdadmln\cbSzonl,ord " j, " U' r:, v~ ), . ;1', ,'" ',,1,\,' :',',,' ...:,:':<:,': r_, I~H'__~_ ",' , ";~',, 0, '". "" "t" <>-'J,'" ,." ;'x ," o - . --:~..~ -' ~.-v "',..,.'.-;:,.., ,". , q,,, ''''''''':;....".,..'',,\',' .., "I"""" ",t:. .t ;"1 . , I "," ,', <. 1 I I 1-' ' " , , I o .' 1d:: " '_""""; ...' ~ ; t," I I I':'" ,',.., NOTICE OF PUBLIC HEARING -* Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 1st day of March, 1994, in the Civic Center Council Chambers, Iowa City, Iowa; at which hearing the Council will consider the following item: An ordinance rescinding the vacation of the southern 97 feet of the north-south alley in 810ck 102, bounded by Clinton, Burlington, Dubuque and Court streets. An ordinance amending the Zoning Ordinance to revise Section 36-20.5, Central Business Support, CB-5, zone requirements. A copy of the proposed resolution is on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa, Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK 1 , "i i i i , , ,I ") -.! .. "~I '" ppdadmln\cc3.1.nph r I " ; ! I'~ r'.: ..\1 r-l " \ ~j!,': ( ;1 : : ~ I ,I ! I l. I". I 'i't.t , ill o ..." ,.' " ,~ , ',' " , ;.': !;:l~:;.:/<q:~,",~~,':,':' .\ ".;;,;',1-'1" ''',.,'''1''..,.:'' I~ ylfJ "','."'1'; ,',,:,,': . ,... .,--",....'..'~.,,'- - ..,," .; ,\ ,,\::b}.2.~' i,- " ' ,- " ~: .~". , ".'\'0.' .,.r,;" . "; ',1 '~ " ,. , . '" , "~' I) , , .'w.. ,,', ~ .' ..; ~ . ,~'i,.., ,.-. ,-,--,~",-, ..;,:~. ;'.~ ,:.....,.,; .'~" ~',,;. .":,,,.;.t I. :....- ,~,,'~~ ~ ~'...., ~'-.. ."._.,_..., ". , ' , '".....~_._..;....._""-',.::..:...~b,.,",.:..;,.:~,,,,l.'l,,....,:.:.:,,,......:~....~'.:,~~;I.- . ,'.., "",.',~ .;:cll,..."..._,."..,.. ,',,_.'. ,",1.-..~'.' .1;!).:~',;..,,\..""'... City of Iowa City MEMORANDUM Date: February 17, 1994 To: Planning & Zoning Commission From: Robert Miklo, Associate Planner Re: Proposed Amendments to the Central Business Support Zone (CB-5) I n March of 1992 the City adopted the new CB-5 zone. This zone is generally located between Burlington and Court streets west of Gilbert Street and east of the mid-block between Clinton and Capitol streets. It was enacted to encourage the implementation of the Near Southside Development Plan. As proposals are submitted for development within this zone, refinements of the ordinance to accomplish development as envisioned in the Plan are needed, Proposed amendments address the ten-foot setback from Burlington Street, the maximum height allowed, and floor area ratio, Each of the proposed amendments is shown in bold print on the attached CB.5 section from the Zoning Ordinance. When the CB-5 ordinance was reviewed by the City Council, the Council requested that a ten-foot setback be required for the first story along Burlington Street. This will allow more space for pedestrian movement, and the placement of amenities within and adjacent to the right-of.way to provide a buffer between vehicular traffic and pedestrians along Burlington Street. Above the first floor, buildings can be built out or cantilevered to the property line. Staff proposes that this section of the ordinance be amended to make it clear that support columns for upper floors can be located within the ten-foot setback area. , , When it was drafted, a maximum height of 65 feet was proposed and approved for the CB-5 zone, This height limit was based on the height of the Capitol House Apartments. As is the case with the Capitol House Apartments, six floors of residential development can be achieved within a 65.foot high building. H9wever, because commercial development, in particular retail developments, generally require a greater floor-to-ceiling height when compared to residential uses, it is not possible to build a five.story building within the current 65-foot height limit. For this reason, staff recommends that the height limit for the CB.5 zone be amended to allow a maximum height of 75 feet. I The intent of the CB-5 zone is to allow at a minimum a three.story building covering an entire site, or a floor area ratio of three. With the use of bonus points, the floor area ratio can be increased to five, or as envisioned, up to a five-story building covering an entire site. However, the definition of floor area ratio contained within the Zoning Ordinance Includes basement or cellar areas when used for principal or accessory use, Thus, as drafted, the current CB-5 zoning only allows between a two- and four-story building covering an entire site. To implement the Intent of the CB.5 zone, staff proposes that the Zoning Ordinance be amended to clarify that the base floor area ratio above-grade equals three, and that the base floor area ratio including basements or cellars equals four. The floor area ratio allowed with bonuses would equal five above-grade, and six when basements or cellars are included. Staff believes that these amendments would clarify the current CB.5 zone and would be In keeping w'th the original intent of the zone and the Near Southside Redevelopment Plan. 6t I Attachment Approved by: K in Franklin, Director D pt. of Planning & Community Development bj\cd'5zone Lf,,-, (~-o--- , 0 i " ,; , -".-' .---- ' ::~- ,,- ~r- -.I' ,.,Q", J.';' '~ ~. , , I i , I 1 I r I I I i " I @ " ,/: I 'j r... .. ~) , ,10. ,~'"" :-:..'\ ,;, ':',,'i' Illl!i\l!!', , ",;,<1 ",..." I .;~. . ~ '<I;, I , , , .' ',~:::' ,', ~. ."'," :J~:'~'~;"~;''''''~~''':')'~'i~'-';~;;':';;:.:.:.l;L,~:'':'H;l iY'::':'!~~:~:?;"'J~:2i;~L,:;;J.::j:2.L::L.'0;:;~:J'S.f~-;'s.:1.lS~~~:'!.h,\i~Yij:2;i~i.~~0L~'G.Lu::.x.t;bj;,~'2;\:.'~(~:',-;':.;;::::;;;;:,;';.:~ '. "~,"!' , I I . .. ;:..:~::;....f.j,~:'-"'~',\~:::,'>":""'h'~''':""".~',,,,,~;,,,,,__,,,-,-:ft~.. _ . , "'~ " i I I I I 1 Sec. 36-20.5. Central Business Support zone (CB-5). (Ord. #92-3519, 3/17/92) (a) Intent. The Central Business Support zone ICB-5) is intended to allow for the orderly expansion of the central business district of Iowa City, to serve as a transition between the intense land uses located in the central business district and adjoining areas, and to enhance the pedestrian orientation of the central area of the city, This zone is intended to accommodate mixed land uses and requires that the intensity of use be less than that permitted in the CB-10 zone. Because of the mixture of land uses permitted in this zone, special consideration of building and site design is required. To control traffic and provide for the most efficient use of land and parking facilities, special consideration of the amount and location of parking areas is also required. To encourage developments which contain features which provide a public benefit, a bonus in floor area ratio or dwelling unit density may be granted in this zone. (b) Permitted uses. (1) Permitted uses of the CB-1 0 Zone, (2) Hotels, motels and convention facilities. (3) Child care facilities. (c) Provisional uses. A \;.) (1) Dwellings located above the street level floor of a structure that otherwise complies with the requirements of this section. A maximum of three (3) roomers may reside in each dwelling unit. r~ r .j;~ C \ , (2) Elderly housing subject to the requirements of Sec. 36-55, -, (d) Soecial exceotions. I, i (1) Clubs. (2) Commercial recreational uses. (3) Public utilities. (4) Religious institutions. (5) Schools. specialized private instruction. (6) Transient housing. I 'I, .,", ,-"ii ('~7 II '[ I : I I I , ~, I (e) 1 i I, II , I J ~;~ l'lt' I',' " :,VI'" " Dimensional reauirements. (1) Minimum lot area: None o If'~\, "..'i"'.'""?5"I'o, ",.",',''-''1 ,,' ;;'~:' , , .. ",0. , ".' ::~'~'.:~,~t;..\' ,;;' ;.'r, .: '. ~ ',~', , '.. , "I .,' .', . ,." , , . ;,~:,'.. > , i I 1 ,,' '.:" ~' ' l\'_''',~'~,j\--', ,:.. ,I 2 (2) Minimum lot width: None (3) Minimum lot frontage: None (41 Minimum yards: Side - Rear - None except the first story of buildings which abut Burlington Street shall be set back 10 feet from the right-of-way line, Building columns supporting upper stories may be located within this ten-foot setback provided that an adequate pedestrian passageway is maintained. None None Front - '. (5) Maximum front yard 12 ft. (61 Minimum building height: ~ 35 ft. (7) Maximum building bulk: '. Height - Lot coverage - Floor area ratio: Permitted base - e.&-f.h. 75ft. None 3.0 above grade 4.0 including basement or cellar Maximum with approved 5.0 above grade (see Sec. 36-20.5(i)) bonuses 6.0 including basement or cellar @ i (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: ,,' ,.~ ",.-co , , \ (11 Accessory uses and requirements, See Article III. l ~ ' i ,I a, Permitted accessory uses and buildings, See See, 36-56. , '.., <.i:("' I b. Accessory use and building regulations. See Sec. 36-57. ~, c. Off-street parking requirements: Residential uses shall provide parking pursuant to Section 36-58. For uses other than residential, no parking spaces are required in the CB-5 zone; if parking spaces are provided the parking requirements contained in Section 36-58 are the maximum number of spaces that may be provided per use. See Sec. 36-58. I I I 1 ~. ,(, ,I. 'I , ' , I ",I ~ " d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-64. , ;,' " ~t:' . .', ;j,j' i) " '-"',,,:,,". LJ'i ' .. \ IY~ ,lo/I o ': ,..0,.. '"."",.1, ....,....,>. ".,f r'. miFJ4\~.. I' .' .,.~J,' , ,.'" :~,:~ .'~~.' .' , .j;:....,." , ., , , .,; " . "i!l' ; ,,[,"/,: . ': :A:1', '.. .~, ';j..' '...' ,",' , , ':, ",/, '. , . .', __~~"4' __l.-".,~.__.: _..:.. _... .!.'::";..~__.I, :,~~~:~~I":~j -"":_,':"\_:~";;~I:"-~;".f,,,~;:,~;.::'~.."':Jt,,:":"i......::..:.:,..L!.~'::~,~:":"';'~D.._'I.,,^,1':"':.r.:.;_,..., :"1 , ' , , : " ?' r' ):.., C~..\ \ , ,">!~ ~T"l I r I~ I : I I I , I b : jIi-' . I i J? -' 'c= 0 (g) (h) .., ,',',....,'.'. ""'''''''''~'''J_'..'Y' :.: ....::;:..L'~':,.;,';'..'.'.: ;..~.~~."'.J."":- _',."'",....w~... 3 (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1, b. Tree regulations. See Division 2. c. Performance standards. See Division 3. d. Non-conformities. See Division 4. Special provisions. (1) Religious institutions which existed on August 7/ 1962/ may expand without compliance with the off-street parking requirements. DesiQn Provisions. The following design provisions are intended to: help ensure that this zone develops as a compact urban area; integrate parking facilities into the design of developments; provide a safe and attractive area for pedestrian traffic; enhance crime prevention by increasing opportunities for surveillance of the street from the interiors of buildings; restrict fortress-like facades at the street level; avoid a monotonous environment; and ensure the economic development opportunities of the downtown area are enhanced through excellence in design, Prior to submitting a request for a building permit, the developer shall have a pre- application conference with the Director of Planning and Community Development to discuss the application of these provisions to the subject property. Prior to issuance of a building permit a site plan and elevation drawings demonstrating compliance with the following design guidelines shall be submitted to the City for approval by the Director of Planning & Community Development. Alternative design solutions may be approved if it is demonstrated that the alternative meets the intent of this section. Decisions of the Director may be appealed to the City Council. (1) Except as required per section 36-20.5(e)(4) and for doorways no setbacks from the front lot line are required. However, no portion of the first story of a building shall be set back greater than twelve (12) feet from the front lot line. If a setback is provided it shall be used for pedestrian activities or landscaping. A minimum 50 percent of the area within the setback shall be used for landscaping and/or shall be paved with brick. (2) Doorways adjacent to a right-of-way, shall be set back so that doors do not swing into a right-of-way. (3) Stairways and ramps shall not be located in a right-of-way. (4) All utilities and meters shall be located on side or rear elevations of buildings and shall be screened from public streets, ~,~ - - ',"~'~~ ." ',:'" 'r 'J t." .-i, ....} '-4, "0.,',:,),",';;",""';" , '. :: : >"', 'I r \ . ' ' :" ; ~," >,,' ~. '",I ;'~.,',.. r I I i I 1 I .', t '1" 10 ',,'" ,'.'".' I' ,. : .' .~:.~ '-' " ; ~", "', ":'';' .?~"", _.~.",:.: ',..., ~ j ", '. , " .,'" ,.>. ,,'. , .. '\1'-.. .~1,..,{'1. : ," I ..... , " ".'i, , " '., ' ." .."',',"';",'.,, , ,","., ~' , t. . . _.~';.~.,_..~,+,.,. .'_, .."....~,:.,~ '",,-~~~i~j.,~:.:;,,~:.~:~'....,;;.11}i.:1 ,^".,..,,--~,:~~~~:,.:~-, ,C c\\ '\'i ,... i;r'-' " I I , I I , ' I I 1 ~. 1'1,(. ' i i ; i i i '~' ;-.,.-- " , , -~' 0) o , .. ,"', ' "', ' ,. ...,..'---;...".-._........."""""')~~.l.<~,~~~..!,';:1;,'^J.'IU,~~":;:J.:','.;::.;0'..'';'''".';..-.'':'',;-. ,~,;, ^' '.:',.-:'--.:.., ,,:.,: ..:..c.',...~~~'.,_,,';;,..:.. ,.-'.':.:-~'~ :,;J;\',: ..,.,_ ,~"",,, "~.,,.... 4 (5) Dumpster and recycling bin locations shall be screened, shall not be visible from public streets, and shall not be located in a right-of-way, (6) Areas of blank walls on the street level frontage of a building shall be minimized. At least 40 percent of the length of the street level frontage shall be windows or doorways (not including garage entrances). At a minimum, every 12 feet in length of wall shall be articulated by a window, doorway, setback, artwork or change in building material. (7) All parking spaces shall be located behind a building and screened from view or within the exterior walls of a building. (8) Driveways between a street and parking area shall be minimized in number and width, and shall be designed to minimize hazards to pedestrians. It is preferable to provide two one-way driveways rather than one two-way driveway. (9) Where parking areas are provided on the street level they shall be subordinate to a permitted use. With the exception of approved driveways and yards, a lot shall contain a permitted use for a minimum of the first 30 feet of the lot depth and a minimum of 20% of lot area, (10) Loading/unloading facilities shall be located to the rear of a building and shall have access from an alley. (11) Access to individual dwelling units shall be from enclosed lobbies or corridors except at grade level where exterior doorways shall be permitted. (12) Stairways between residential floors shall be enclosed within the building. (13) Bicycle parking facilities shall be located so as not to impede pedestrian or vehicular traffic. (14) The location and size of proposed signs shall be integrated into the design of the overall development. (15) The outer edge of a balcony shall be no closer than 5 feet from a side lot line. Bonus Provisions. The intent of the following bonus provisions is to provide an incentive for developments to further a public policy, to incorporate features which provide a public benefit and to encourage excellence in architectural design. Additional floor area in excess of that allowed by the permitted base floor area of 3.0 (Sec. 36- 20.5(e)(7)), or additional dwelling units in excess of the density otherwise achievable under the provisions of this section, may be granted in accordance with the following provisions: (1) If the Director of Planning and Community Development determines that the proposed public benefit is appropriate in design and in the location proposed, a floor area bonus shall be granted as enumerated below. Decisions of the Director may be appealed to the City Council. 4'~ "", ,\T .15 , , ."<. ,.. i I I I ~ '. ~:~ ; "'I ""i', ,p, Public Benefit Feature "~'I . ',I (al Masonry finish or architec- .75 floor area ratio tural metal (not including metal siding) on all non-fen- estrated areas of walls visi- ble from a public street. For purposes of this provision, masonry shall be defined as fired brick, stone, or similar such material, not including concrete blocks, and may include stucco or like mate- rial when used in combina- tion with other masonry fin- ish. j i , \ ; '_ I ~.," ; - I " ~, :r :' ,~ (b) The purchase of substantial development rights from a property designated as a landmark by the Historic Preservation Commission and City Council. -~-- ,"I (c) The provision of a theater. , , Three (31 square feet of floor area for everyone (1) square foot of develop- ment area transferred. (The bonus for this provision shall not be available until Transfer of Development Rights (TDRl and Landmarks Ordinances are adopt- ed,) , ' Five (5) square feet of floor area for everyone (1) square foot of theater area. (d) The provision of funds for all .25 floor area ratio street furniture, lighting and landscaping improvements along adjacent street right- of-way in accordance with the approved South of Burlington streetscape plan. (e) Provision of pedestrian activ- ity areas, such as sidewalk cafes, adjacent to but not within the public right-of- way provided such areas do not exceed a depth of twelve (12) feet from the front lot line, Three (31 square feet of floor area for everyone (11 square foot of pedestrian activity area. '. 'f,~ , " ''''''TI''''',-'-,'', " 0','''''''':' ,<",,;::,,;, , ,"'. }'5' u 0) ',' .- ,.' l ' . ., I'" ':': ",:~ " ~ ,'; :":" I o ~;;:,:;J,i"?::~- ., , I :', \ i , , , i '1 " I i i \ ", I ',; -I , 6 (f) Provision of usable open space which is of size and at a grade that allows at a minimum passive recreation- al uses and is accessible to all residential occupants of a building. Such space may include yards, terraces and rooftop gardens designed and improved for outdoor activities. Balconies serving individual dwelling units shall not be eligible for this bonus. .,' I ,I I I Two (2) square feet of floor area for everyone (1) square foot of usable open space. I,' (g) The adaptive reuse of a his- toric building listed as signifi- cant in the Near Southside Neighborhood Redevelop- ment Plan. , . I' Up to (3) square feet of floor area for every (1) square foot of floor area re- used, The additional floor area may be constructed on vacant portions of the property which is being reused or on abutting properties, (2) Dwelling units which are committed to the City's assisted housing program, or some other affordable housing program approved by the City, shall be exempt from the minimum parking requirements (Sec. 36-58), provided that such units do not exceed 30 percent of the total units contained within a building. The portion of a building containing such units may be in excess of the base floor area ratio of 3.0. " " ,~~~ I, ' ..\! r~j ~ ~ ! ' 1 ppdadmlnlcb.5,zo i'I, f': I i I I ~ ',1"'.',.1,' I'..', ,'}, " ~~ l , ,. ~ " .: " l ',', .-..~ o ,,. ,', , ,I .. lot,,", , , ;"'..';~;~:~:.,>.'..I~:"~," \!'-,--: \:rd, , ".''-",,, "..,'1 '~;1 :L ,.',' ,~; ':'-',"'.'F"" " ')(;. ,r.:J I, :'! , , I <,I ',I I I I ;'.1 "''.1 'I I , j , ,; "",,-' \", '" .1:, , , , i I I C~: ("I \\: \), .~"1j . ,~:..;.. ~: '1 '.' "I 'H , : ~ II ~ I I " II , -* NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 1st day of March, 1994, in the Civic Center Council Chambers, Iowa City, Iowa; at which hearing the Council will consider the following item: An ordinance rescinding the vacation of the southern 97 feet of the north-south alley in Block 102, bounded by Clinton, Burlington, Dubuque and Court streets. An ordinance amending the Zoning Ordinance to revise Section 36-20.5, Central' Business Support, CB.5, zone requirements. A copy of the proposed resolution is on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K, KARR, CITY CLERK ',' . ' ppd.dmln\,03,I~ .",' " ~S- I." '-'0','1\", }~' " , <" ,'. '.',...,: I o ~,-:,;,~;'i?;)' "," "',' .....;",. . ..'..c.-,.;':..". .i~. ' ,," '.~ '..1 " I , , "1 ;,:,,:" ~' '< ),;L~L~':,~',':::';.~~~~~..,"":.....~;k>-~..l";~~,"'t;'"'.~~I~.':.4::."3A."""..,.~;....~"...~,M.....,..:.;...:,:~_...;;.,1::...,, ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 75-2772 VACATING THE SOUTHERN 97 FEET OF THE NORTH-SOUTH ALLEY IN BLOCK 102 OF THE ORIGINAL TOWN OF IOWA CITY BOUNDED BY CLINTON, BURLINGTON, DUBUQUE AND COURT STREETS i I I ' i i WHEREAS, the City Council adopted Ordinance No. 75-2772 vacating the southern 97 feet of the north-south alley in Block 102 of the Original Town of Iowa City; and WHEREAS, The City of Iowa City did not dispose of the vacated portion of the alley; and WHEREAS, that portion of the alley continues to function as means of public access. NOW, THEREFORE, BE IT RESOLVED 8Y THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION'1. VACATION. The City of Iowa City hereby repeals Ordinance No. 75-2772 which vacated the portion of the alley in Block 102 bounded by Clinton, Burlington, Dubuque and Court streets legally described as follows: The southern 97 feet of the north-south alley in Block 102 of the Originel town of Iowa City bounded by Clinton, Burlington, Dubuque and Court Streets. 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 " .'.... " "'''-< i ! -~'i , (',:-~ \J ,", ~'".\ " \~ )~ "":~"" " MAYOR I , I lln I<,i , . I II 1\ ,., " ~.~' ATTEST: CITY CLERK " ~'I<.,,": ~\ , ' .. ' 1:1. '~ ;'[':" " ...~ Approved by VYl~,~ [LJ!J-< $. __ City Attorney's Office / l. -lS "iy ppd'dmlnlrJ."lIoV,OId ~~s o ,".. ' ......'^_...'~..,q,l'.,"'.',;, .', ' , :,~ :.,.',;;:'\, '.J'..'.',' ,",'". .- is " f"'''i I: 00;, , .. ,~, ',. ,,' " 'II' ..' "'~"" '-' i\' ,'" t~iW:it:t( ,,' ;,..,l,.' ",., ./: :;~;:' ::..t',\'l,;..' .. ..'.".. . ...... ;;. ,.. 1 , . , I , . ;'i', _"~"",:,:,:",,,~:"":';:';";',~::.,~;:,,'i~:i;5;,"'2;,,~;:;;;,::.:.:;:;,:d:,"i,'\;::'i6",,:",:::;t.;:"2{'~;:,:"lli'J.:"C:;,j.c;'Z::,~:;:~,;~;:,:,-:,:,,:,:,~',c";:;:';J: ,:""""'"'-;"';"':"c:;,,;,:.: :;90''''~'<.''_''''~''''.'' , ',', 'j' , ,...'-'.... .t, c~\ , \ '.:' I , i , I I I J.II \ I, ~ \'.:-' ,~ ,~,r : "M'" ~;' " t;~i:"..,' "" " -......- . '" , ...", .: ' , ,". '.;~.,;", . , . ...." . STAFF REPORT To: Planning and Zoning Commission Prepared by: Charles Denney : , ' Date: February 3, 1994 Item: VAC94-0002, Rescinding the vacation of an alley in Block 102, north of Court Street, west of Dubuque Street GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Requested action: Rescinding the vacation of an alley. Purpose: To provide access for properties in the southern half of Block 102. Location: Southern 97 feet of the 20 foot wide, north-south alley located in Block 102, bounded by Clinton, Burlington, Dubuque, and Court streets. Size: 1940 square feet. Existing land use and zoning: Alley, CB-5 Surrounding land use and zoning: North - Commercial; CB-5 East - Commercial; CB-5 South - Post Office; P West - Commercial; CB-5 Comprehensive Plan: General Commercial File date: January 19, 1994 BACKGROUND INFORMATION: The southern 97 feet of the north-south alley in Block 102 bounded by Clinton, Burlington, Dubuque and Court streets were vacated by Ordinance No. 75-2772, on June 24, 1975. This alley and three others were vacated for projects related to urban renewal. The City did not dispose of the 97 feet of alley in Block 102, and the alley has continued to function as a public right-of-way. q,s- ",\". o , "0 , /,','.',,' r' , IS r I j j , I I I I ~ , ~ {1 ' .re . :r,J,I;,..,...,,:, D, ". 'I , I ',',' i I , I i I I . ,;~ 2 '" , , , i " " ',:,:. ANALYSIS: As part of a plan to redevelop the northern portion of this block, Hieronymi Partnership has requested that the northern 212 feet of the alley be vacated. Staff's review of this request recommended that the vacation of the southern 97 feet of the alley should be rescinded so that access options would be maintained for properties adjacent to the alley, As was previously mentioned, the City has not disposed of the alley property, and the area functions as a public alley currently. I ' , ."'" .',' , i :" If the vacation of the northern portion of the alley is approved, MidAmerica Savings Bank would lose the ability to leqallv access a public street from the alley, and the bank would have to reconfigure its drive-through facilities and on-site parking. Also, reopening the alley would provide access alternatives for the property where the Rebel Plaza is presently located should the owners decide to redevelop this property. ',;' STAFF RECOMMENDATION: , Staff recommends that the vacation of the southern 97 feet of the north-south alley in Block 102 of the Original Town of Iowa City bounded by Clinton, Burlington, Dubuque and Court streets be rescinded. ATTACHMENTS: , , . t:1\' V 1. Location Map, 2. Ordinance vacating the alley. , " Approved by: ~~ ,,. }: ~~ , , \ , \ " Monica Moen, Senior Planner Department of Planning and Community Development , ,j Ivnc0002,cd ,,' .:~~ I' ~, . ~~~ I I ~}.,; '" I" ~1 " I. "j 11' ,,' '1 'Is o ; I , ;.::. ,;', ,I "..,~:', , ':'<:::::;''1''''',;'" " B 0 2 5:,;','"i; ,',-' ,<:,,,..,:.,;,,,, ':,,1 ~~::'-" - -,---._-_._,-~-,~-~ ,".,' , ";"'..;:"i.. ~'." ., , , '" ~" ,'i- . j' .' """ . , "t' , :-- \\1:. A ", , , "I '. ;' " . ' __,~,~..,' '........,."....., ,~.._"~",~..o."';.",.:..:.'""..,",~..-.:..~~J~"h.~'''~...~...~'',.~..~___. ,,_..' .. . . LOCATION MAP VAC94-QOO2 ~ ~ 1 1 REQUEST AREA t ~ II 3 Cw! House ~ ~ ..,J ~ it ~ 7 6 ..l -.~ c , \ ' \ \ ~ I , I~} I I I 1 I 1 I ~,,'\,,~ io..'\.'\." l'\.\''''~\.~ ~~\" , I", !'('. 25 26 I , I \ i 'I,) ;-.~" " j " ~ ~',' "II'i"';, ~;\:. ',,' >!-..,t, I' " l._- o ',' " I I ~. , :" . , ' ' '" " '. , , ' ' . _. _____...:;.~~...~....~'''_'''"...'.._,',(~....,,,.~,~_'_',.',.......,','' ......'. c ."..U ".-: ,". "",,,,,,,,,~,,~,.,,~',,,,,".....~,.,,~,....,~...,.,_.. ...,.. _...__.,'. . . . ,_., '.' .,'. DDc] DDD BURLINGTON ~ 1 2 I 3 - COURT - - 2 Federal BU/~ding HARRISON c: a ~ 8 :::> ~ ~ d Q PRENTISS 19 ~ ,- ~ , '-- I 1 ~' /,,~ \-.. c: j.tf 5f- ffi . c: :t~ co "J 1/ / ~ '-- ~ ( ~I- I- '-- o 9 - - II I D ' ~ ~ 21 - ~ .. ,l! ~ ~'! I I I ' i,-'J ~ f~ "",---. 22[JI ~ \ I --.:::::: ! ---oJ : L_ ! LAFAYETTE BENTON , ,0 ' " ..: ,s , . \" 'j C. I .. ~) to" .\ ,:,~: ':'.' j . .' '" , ,".',1 , ",; '<.;'.'1 .... " ',"< .' "":;"':,':! , , ','l , , ,:',j j I , I ! , " .' .~~, I '" , -<,,',-.; 1 . ~ '. i' . '/: b , ,1 ;;t '~ !i' j;~:'~~ J: ' r~1., I:' , " ~ " 'I: J " . ," o ( I I ....' '..:... ORDINANCE NO. 75-2772 AN ORDINANCE VACATING ALLEYS RELATIVE TO R-lIl URBAN RENEWAL PROJECT BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section 1. That the alleys in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: 1) The east-west alley in Block 84 of the Original Town of Io\~a City bounded by Capitol, Ihshlngton, Cllnton and College Streets; , 2) The North 310' of the north-south alley in Block 101 of the Original Town of Iowa City hounded by CapHol, Burlington, Clinton and Court Streets: , 3) The east 40 feet of the east-tlest alley in Block 82 of the Original Town of Iowa City bounded by Clinton, College, Dubuque and Bur1ingtan Streets; and /1) The south 97 feet of the north-south alley i.n Block 102 of the Original Town of Iowa City bounded by Clinton, Burlington, Dubuque and Court Streets. Section 2. This Ordinance shall be in full force and effect \~han published by law. It \~as r.lOved by Davidsen and seconded by Nellhaus~r that the Ordinance be adopted, and upon roll call there ,were: AYES: NAYS: ABSENT: x Brandt - x , Czarnecki -- x Davidsen - x deProsse - .,'. x Neuhauser Passed and approved this 24th day of . June 1915. /. I AI'I1.'1,lL! ,I First reading (,;. /,uk,. Second Reading-" i I 71 7)' 'fhird Reading I: I N17:, /." , . ~ !L T'..,_ ',,' . ',: I', ' ..~ ,:''.J,''y.: :p,:;:R:.I';';"'~ '/:::::", ~'3' ":',:;;;;,;".:,....,S>" ,:p ('\";;' iC- ',.',;: 'I,'~""""'-' "', "';1 .-)'5"',':.'. '0" A ~, ", ; /; , !;, ,..,...'.,<'...'1': '", 0, " I ,\ -.' \" \ I \ I , , I" I '~' i i. f , I ~ ~,~,,/i, ~'. , W {~" ". , "I,,:,',',','( ;:;'/j' , " "!'~ I , '-..."\ " ~ l ',~' i 'oj' .f'I" ',.... '" , '~' '<.'\ , -. ",. '." -" .- .,~' , ( \i' "':t . " . . . . ,....",..,.,,'..,..,..'.-','. .......:, '.' "i~ . NOTICE OF PUBLIC HEARING BUDGET ESTIMATE DOO Fiscal Year July 1, 1994 . June 30, 1995 City of Iowa City, Iowa The City Council will conduct a public hearing on the proposed 1994.1995 Budget at the Civic Center in the Council Chambers on March 1, 1994, at 7:30 p.m. The Budget Estimate Summary of proposed receipts and expenditures is shown below, Copies of the detailed proposed 1994.1995 8udget may be obtained or viewed at the Civic Center Administrative and City Clerk offices and at the Iowa City Public Library. I', l ! The estimatild total tax levy rate per $1000 valuation on regular property is ........,....... $12,95333 The estimated tax levy rate per $1000 valuation on agricultural land is . . . . . . . . . . . . . , . . . . . , $ 3.00375 At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget. Property Tax Limits to be Exceeded , Senate File 2393. passed by the 1992 General Assembly, places certain limitations on property taxes for cities. The limitations allow growth in property taxes for certain types of increases in valuation, An increase in taxes by the amount of the percent change in the price index for state and local government purchases requires the city budget to be published twice and the City Council to hold two public hearings. Senate File 2393 does not remove any of the rights of the taxpayer in regards to budget review or appeal. Debt Service levies and Voted levies are exempted from the limitations. This is hearing 1 of 2. ~ /1 ,1994 /s/ 1lt~ ..)/. ~ City Clerk BUDGET RE.ESTlMA TED ACTUAL FY 1994.95 FY 1993.94 FY 1992,93 REVENUES & OTHER FINANCING SOURCES Taxes Levied on Properties 1 18,483.722 17,187,055 16,777,682 Less: Uncollected Property Taxes,Levy Year 2 .Net Current Property Taxes 3 18,483,722 17.187,055 16.777,682 Delinquent Property Taxes 4 TIF Revenues 5 Other City Taxes 6 400,000 447.800 306,199 Licenses & Permits 7 514.005 392.230 473.948 Use of Money & Property 8 1.337,060 1,127,388 1,778,031 Intergovernmental 9 17,418,759 12,047,095 11,618,313 Charges for Services 10 21,740,421 18,718,896 17,809.396 Special Assessments 11 0 46,150 46.871 Miscellaneous 12 2,114.610 2,079.662 2,767,895 Other Financing Sources 13 42,770,8B7 24.571.B92 26,528,852 TOTAL REVENUES & OTHER SOURCES 14 104.779,464 76.618.168 78,107,187 EXPENDITURES & OTHER FINANCING USES Community Protection Ipolice, lire, street lighting, elc,l 15 9.687,683 9.306.985 8.755,275 Human Development Ihealth, Iibrery, recreation, etc,1 16 6,492,278 6,591,126 5.693,518 Home & Community Environment Igarbage, streets, utilities, elc.l 17 61.170,380 37,551,295 32,678,422 Policy & Administration Imayor, council. clerk. legal, etc,1 18 4,702,301 5,613,812 6.004,228 TOTAL EXPENDITURES 19 82,052,642 59,063,218 53,131,443 Less: Debt Service 20 9,774,957 7,710,537 Capital Projects 21 25,093,194 10,268,464 Net Operating Expenditures 22 47,184,491 41,084,217 ,. ( \ " I I 1 I' ~' , . Chambers on March 1, ,a: is shown below. Copies of the detailed proposed 1994-1995 Budget may be obtained or viewed at the Civic Center Administrative and City Clerk offices and at the Iowa City Public Library. The estimat,ed total tax levy rate per $1000 valuation on regular property is ........,.,..,., $12.95333 The estimated tax levy rate per $1000 valuation on agricultural land is ...... . . . . , . . ; . . , . . . $ 3,00375 At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget. Property Tax Limits to be Exceeded , Senate File 2393, passed by the 1992 General Assembly, places certain limitations on property taxes for cities, The limitations allow growth in property taxes for certain types of increases in valuation, An increase in taxes by the amount of the percent change in the price index for state and local government purchases requires the city budget to be published twice and the City Council to hold two public hearings. Senate File 2393 does not remove any of the rights of the taxpayer in regards to budget review or appeal. Debt Service levies and Voted levies are exempted from the limitations. This is hearing 1 of 2. f~ /') ,1994 /s/~..J -J!. ~ City Clerk BUDGET RE,ESTIMA TED ACTUAL FY 1994.95 FY 1993.94 FY 1992,93 REVENUES & OTHER F1rJANCING SOURCES Taxes levied on Properties 1 lB.4B3.722 17,187.055 16.777.682 less: Uncollected Property Taxes.levy Year 2 .Net Current Property Taxes 3 18.483.722 17.1B7,055 16,777.682 Delinquent Properly Taxes 4 TIF Revenues 5 Other City Taxes 6 400,000 447,800 306.199 licenses & Permits 7 514,005 392,230 473.948 i Use of Money & Property 8 1.337,060 1,127,388 1,778,031 10 Intergovernmental 9 17.418,759 12,047,095 11,618.313 Charges for Services 10 21,740.421 18,718.896 17,809,396 Special Assessments 11 0 46,150 46.871 Miscellaneous 12 2,114,610 2.079,662 2,767.895 Other Financing Sources 13 42,770,887 24.571.892 26,528,852 TOTAL REVENUES & OTHER SOURCES 14 104,779.464 76,618,168 78.107.187 EXPENDITURES & OTHER FINANCING USES Community Protection (police, fire, slreellighling. etc.1 15 9.687,683 9,306,965 8,755.275 Human Development {health, library. recreation, etc,l 16 6,492,278 6,591,126 5.693.518 Home & Community Environment (garbage, streets, utilities, etc.l 17 61,170,380 37,551,295 32.678.422 Policy & Administration Imayor. council, clerk, legal, elc.l 18 4,702.301 5.613.812 6,004,228 TOTAL EXPENDITURES 19 82.052,642 59,063,218 53,131,443 less: Debt Service 20 9.774,957 7.710,537 8,934,037 Capital Projects 21 25.093.194 10,268.464 7,172.415 Net Operating Expenditures 22 47,184.491 41,064,217 37,024,991 Transfers Out 23 20,091,370 25,593,638 19,661.408 TOTAL EXPENDITURES/TRANSFERS OUT 24 102.144.012 84,657,056 72,792,851 Excess of Revenue & Other Sources Over IUnderl ExpenditureslTransfers OUI 25 2,635.452 18,038,8881 5,314,336 BEGINNING FUND BALANCE JULY 1 26 29,702,110 37,740,998 32.426,662 ENDING FUND BALANCE JUNE 30 27 32,337,562 29,702,110 37,740,998 Reasons for the unusual and/or compelling need to request an increase in property taxes permitted by the amount of change in the price Index: Continuation of SF2393 Property Tax restrictions in FY95. Need to minimize use of cash reserves. IlnodmlbudOOll,nph 500 ~ ;;\ ,. Ji\ -"",...,. ..",_.....P-'.. ',.". '''''''''.'''~''''''''~'w"'-J,,,~:;;';j,i.i';L,I~'~'''''''''...I, "\~':;-"~ _ "d ':" ,',:,..,',,'.~:~'~ , ,Q I )~ . ~ ';~, '.' ' l I I I I .~, Jo'" . , " '. ~' " :~. ','" I '.'. t '1 -" ','i I .- " NOTICE OF PUBLIC HEARING ON PLANS, \' SPECIFICATIONS, FORM OF CONTRACT " " AND ESTIMATED COST FOR . ~, RIVERSIDE DRIVE RIVER TRAIL PROJECT .. t" IN THE CITY OF IOWA CITY, IOWA " TO ALL TAXPAYERS OF THE CITY OF IOWA " CITY, IOWA, AND TO OTHER INTERESTED " ( PERSONS: ''; Public notice is hereby given that the City "' . '(i; ~"''- c Council of the City of Iowa City, Iowa, will con- ,~ duct a public hearing on plans, specifications, II " . .r form of contract and estimated cost for the con- I structlon of the Riverside Drive River Trail Project I, , in said City at 7:30 p.m, on the 1 st day of March, , 1994, said meeting to be held in the Council Chambers in the Civic Center in said City, ". Said plans, specifications, form of contract and '-<: ..-.~. 'I estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, .'! and may be inspected by any interested persons. ! Any Interested persons may appear at said , i meeting of the City Council for the purpose of I , I making objections to and comments concerning ! 1 said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK I I I I' it II ~ ,4 ' '''''- I {: PH-1 c~~ . so, \......"....."S'~.,:;' '[i, ',1", , ,'.'..,,',;...',,'.,',,, ,- - , "1\.',... , .' .,/...:.~~~-J:,\: '.,', ' , "~" - -. ":;:. " I I , ..;. ,~' , ,I ,",i.'.t ,"': " " ::,:,:~;._.:~~-;;.,'......~~";,,.=~,=-~,:.w>.I;.~~.....~:t'!J:''''''~''''''~~~~:':';'''':''''~ 'q' " ' . .. I ,I " I I I , i j NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN FOR A PROPOSED URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. ~ ~ {( :1 ',", I ','1 The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which begins at 7:30 p.m. on February 15, 1994, in the Council Chambers, Civic Center, Iowa City, Iowa, to consider adoption of a proposed Near Southside, Commercial Urban Revitalization Plan (the nplann) concerning a proposed Urban Revitalization Area in Iowa City, Iowa, legally described as: All of Block 102, Block 103, Outlot 24, and the easterly half of Block 101,' Original Town, Iowa City, Iowa, The adoption of this proposed Urban Revitalization Plan and the subsequent designation of this area as an Urban Revitalization Area will permit property tax exemptions on the value added to properties qualified for improvements. A copy of the Plan is on file for public Inspection In the office of the City Clerk, Civic Center, Iowa City, Iowa. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 404.2 of the State Code of Iowa. MARIAN K, KARR, CITY CLERK ., ,', , ',:,.'1' " , i i ...........1 i -,' '.,'::1 , ',',j " I ! " r "t f: , '(\ :--... .:;\ a,:' I ':',;; ',-.., , ; .....~....~..- ..~"": : ,-' \ \ " tcodevwlU\5d.nph ~, II I r:( ! i' ' 1\ ~1)",. " ' ~ SO~ o , I ., ':...."~...7< H."~""'''''''~__''.: ',.',\' , :.".'-':"Tr\::'-'~."';~'\'j;; , is' I' ' .', \/,",/ '.0",','.- . '" ~.' ,-,--.'" . """,. "1\ ~f i' - ' ., , 'r,.\I':-l '.' ' , ',', : '.:~t~' . , _,\1,/ , , " t>. , " , :',.: , " , .\".\.~,':'~:,'';'''.'-,.:....:.c.-...:.. ...~..':;:,I~,-"~ ,,;.::,..':...,'_:.:~ ,.:.J~~,'.:.....:;.;..,~:i~~<~,......... ~ '...__..~'_ ~.,. . .' r....";,, ,."..L"h.','U,,"~''-.''''', ."',_,~,,.;,.." ~,_,,__~ . .. . . , , ' , . ...__.__;.._.__.,.,.,..............._.~..."-"..."~~,.",,."""..""...'.r~"'''''. .' ,.',.1, City of Iowa City MEMORANDUM Date: February 24, 1994 To: City Council From: Karin Franklin, Director, Planning & Community Develop David Schoon, Economic Development Coordinator~ I ' Re: Near Southside Commercial Urban Revitalization Plan At the Council's February 15, 1994 public hearing on the proposed Near Southside Commercial Urban Revitalization Plan for the proposed Urban Revitalization Area, the Council appeared to be unclear about the process and appeared unable to reach a consensus regarding the amount of residential uses permitted in a project eligible for property tax exemption. The purpose of this memo is to briefly address both of these issues, Regarding the process, Iowa Code Chapter 404 provides that, within thirty days after the City Council holds the first public hearing, a second public hearing can be requested by property owners or tenants within the proposed urban revitalization area. Thus, the City Council cannot adopt the ordinance designating the Area or approve the Plan for the Area until thirty days after the first public hearing. Given the Council's meeting schedule, the earliest the Council could pass and adopt the ordinance or approve the resolution would be April 12, 1994. " I The wording of the Plan is presently interpreted as defining qualified real estate as all qualified real estate assessed as commercial property including commercial property containing any amount of residential uses. At the February 15, 1994 public hearing, the City Council indicated that it wished to limit the amount of residential uses located in a qualified project. One of the primary objectives of the Plan is to encourage the redevelopment of the Near Southside Urban Revitalization Area for commercial uses other than commercial residential uses. Staff recommends that the Council limit the amount of residential uses allowed in a building to twenty percent (20%) of the above grade structure (Twenty percent was the figure often discussed by Council members during the public hearing). r. Staff has also investigated the possibility of granting property tax exemption to only that portion of the project used for non-residential commercial uses. After further discussion with the City Assessor, staff has determined that property tax exemption can be limited to a portion of a project. Wording to that effect is included in the attached pages, (Note: The last sentence of the second paragraph of the section "Types of Construction Eligible" has been amended to clarify the Historic Preservation Review process. The underlined addition to this sentence is not substantive and does not require a formal amendment to the Plan.) ;.. , :~ f~ "1 I We will both be at your February 28, 1994 work session and March 1, 1994 Council meetings. cc: Marsha Bormann Dan Hudson so~ .(c~ 0 _~ . "... .-: "~ - __ ~ .~_ ,Q ) .'.\' ~' . I ," I t. l ~J () l " 1[1 ~~ , ( , .'~,~ \ \ \ ~ , ( r I ! I' I i , f , ' , , , 0:,J ,.~ 1 ' .' ' :':1 ' i:i" " c_~ ~l So~ (in ' 1/ sV4~ ~ IJ, ,~I Y i' t>- , , '.~t: ' ,\'" . 1,.. "..: ~ 'R.." , ;_:". ,":"f'..:'''~ ,.A~,:,.~. . "",' ",~''-'--'''',~ ......~,-,. ,.._,.........". 1",';,'<'.'...__':;.:,:;, _,..~', As amended February 15, 1994 APPLICABILITY OF THE PLAN land Uses The Urban RO',fitalizatioR Plan is applicable to all ql:lalifieEl real estate assesse8 as oommercial prcJl3crty, Clcoept eommcreiall3repcrty used fer residential uses, The Urban Revitalization Plan is applicable to all qualified real estate assessed as commercial property containing no residential uses and to all qualified real estate assessed as commercial property in which no more than twenty (2.Q.%.l percent of the above grade portion of the structure is used for residential uses. Onlv the non- residential portion of a structure assessed as commercial property shall qualifv for property tax exemption under this Plan. Types of Construction Eligible Eligible construction includes rehabilitation and additions to existing property determined to be historic and/or architecturally significant by the Iowa City Historic Preservation Commission and new construction for all other commercial property; Cl(eept eommereial I3reperty used for residentiall3urpases defined as qualified real estate bv this Plan. For purposes of this Plan, new construction refers to buildings constructed after the date of adoption of this Plan and any subsequent additions to those buildings. New construction that replaces structures identified in this Plan as historic and/or architecturally significant is not eligible for property tax exemption under this Plan. All rehabilitation to historic or architecturally significant structures shall be done in such a manner as to preserve or restore any historic structure to productive use in order to be eligible, The guidelines for determining if rehabilitation does preserve or restore the structure shall be those set forth in the 1990 revised addition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. All additions to historically or architecturally significant structures shall be developed in such a manner as to be architecturally compatible with existing development. Plans and specifications for proposed exterior renovation must be submitted to the Iowa City Historic Preservation Commission for review and approval prior to construction in order for the improvements to qualifv for property tax exemption under this Plan. All rehabilitation, additions, and new construction must meet the applicable design criteria outlined in the Central Business District Support Zone. These design criteria are administered administratively by the Director of Planning and Community Development. In addition, plans and specifications for the exteriors of new construction must be submitted to the Iowa City Design Review Committee for review and recommendation. The Design Review Committee recommendation will be submitted to the Iowa City City Council for review and approval. The City Council 'q"-~ n., ",,'"-4'" :~11- -~ ',_9' ) ~. . .-;., , -.....";. ~o f,l ~ t< 1':" ~l ~l 'I I ',0:;::,,\,' ':.:, . , " ',,', ',. ' ,;";.:".'"...:',..,.,.,!;',;,,.,.,!'I:,:,',,:,!,....,'::,~',>::, ,.".. '. >',,' .; ,.1;'.,., i , "1'-: ",' ~ i::,- :,>~ ;" ;':',~,: \ :,:'-' \, ,,' ' '.',' , "i :",'::'. :' i '.'" , ": ! .i', 1 " ,-:,','% , :,;'~'/:',';',':;,~:: , !:,,;,,:'i ",,\ , ' :,:\; ! I 1 i I , , , , As amended February 15, 1994 ., ,I I , i I must approve the exterior design prior to construction in order for the improvements to qualify for property tax exemption under this Plan, ;" ,.;",.; ':! Time Frame The Near Southside Commercial Urban Revitalization Area shall remain a designated revitalization area for ten years from the date of designation. Revenue Bonds The City has no plans to issue revenue bonds for revitalization projects within the area. QUALIFICATIONS FOR ELIGIBILITY ,...... Qualified property improvements, as used in this plan, include rehabilitation and additions to existing historic and architecturally significant structures or new construction for all other property assessed as commercial property, e)(Qopt commercial prol3crty usee:! for rcsie:!cntial purl30ses defined as qualified real estate b,J: this Plan, Qualified property improvements do not include new construction that replaces structures identified in this Plan as historic and/or architecturally significantly. '.'- All improvements, in order to be considered eligible, must be completed in conformance with all applicable regulations of the City of Iowa City and must increase the actual value of the property as of the first year for which an exemption is received by at least fifteen (151 percent in the case of real property assessed as commercial property. (Actual value added by improvements as used in this plan, means the actual value added as of the first year for which the exemption was received.) , '~' ~"':. I...-,;~:.; , \ b~revplan ! ' ill ll~' " I, .. !! J' " " ,,;:,:Y. ' ;." I , , . , , Co ~o~ " : ',', :','..', ',,', "",.,' ~-'~-. - )....".,..., ,..,... ."" ..... ..,. "....".'"\ q', I' ., ".,_[,",.~~n'_~. " .'I;,:I.~:>O~,~,: l{'~' '\'" .",.\", /~5':':.~i" Or.;:" "~"'\ ," (....~ .', ~_ ______.~_ ~"'l ""~\~.~:,I:,/:.' City of Iowa City MEMORANDUM i I I Date: February 24, 1994 To: Mayor Horowitz and the City Council j From: Clara Swan, Chairperson, Design Review Committee ~~ , n " . ", " Re: , Design Review Criteria for the Near Southside Commercial Urban Revitalization , Plan .". . '( -",I >1 ..\ ,. , At its February 22, 1994, meeting, City staff updated the Design Review Committee regarding the design review aspects of the Near Southside Commercial Urban Revitalization Plan. The, Committee understands that the Council is presently discussing the Plan and has yet to adopt it. If the Council determines that the establishment of this Plan is in the best interest of the City, the Design Review Committee endorses the design review component of the Plan. .., : "~I The Committee looks forward to working with the City Council in reviewing the design of eligible new construction as outlined in the proposed Plan, The Committee is committed to working with the Council and developers in the area to ensure a review process that is thorough and occurs in a timely fashion. Special meetings can be held in order not to cause delay in developers' schedules. Committee members eagerly await the chance to be of benefit to projects in the Area. , \,' br<nterla (.',~ IOU C', \\ \ ,.,,'j , :! ," ' " -;:':;.-- ! r M I, I '. 'I:, 'CO- ~,. '-- _ !, " .... ~ _.~-:, ,\~ 503 ,'.,\:,,',' '~','..,')' " \,>,T,,;,--,-"':":\;"""I''''''''','v """"'t".,', ' ' "1":'0",";':,' ,:;;"".,0";,,,' , " ,15 ,: _',"'!~_">'.,':'.L___.-,E:~_"~__'___" -----.:...~~'_~__ :,:'",~,~,,;:. ,'" ,,' " " ~,' ~ , I .. ., ~. I ." '" ..,.' ..., .:'H\t; ~ . ,,' :', .~:.. , ';" .-' ..."'..,..,. .' .', , '. ',' ~.,', , :., . . .," ,:';: ,;~ ,'. ',:,.:.:::,: ,I: ,::.,'~:.~ '~'.:~', .';,<*.;:~' :.,','~!~ :!,.;..: g;., ):.l<'.;"';:;'.;~'; . ..;c:~, .:; ~ '..;:.:' :.-~';.. .~;~.): ""';;~:":~""';',,'.-:':"';'.;,.':'-';';I;", ..".,.: :,,~,..,......:,.:, ~,;j;~._:__ , , ; .....-.....'- I, r ,\ ,,_.,\ \\ \1, '~\, ," "\ ",-,,\ Jj. i. 'f. , " " \ 1 I, f: ! I.. II 1'/ I II }';li " ii, ,I I : ii,' \I,.~ I..,'V' . ,:1 _-'\.,.....; (/-""'" [0 : .~~:"""""._;",~<,^"~:..'~,r.',:";",,,, ::.:,-'.~;;,:~.:.:;!;.;..l:L~(.';:,L.;.",,~ :: ~" ;:' HIE RON Y M I PAR T N E R S suite Eight, 328 South Clinton street P. O. Box 288, Iowa City, Iowa 52244 February 24, 1994 To: The Mayor and Members of the city council, Iowa city, IA subject: The Near Southside Commercial Urban Revitalization Plan This letter is being written after reviewing the city council proceedings on February 15, 1994. For the most part this is additional information which may help you to better understand the comments we made in our letter of February 3, 1994 on the economics of the project. It is also our impression that confusion still remains about the nature of tax abatement. Tax abatement means a reduction in taxes. The purpose of offering it in the Revitalization Plan is to encourage development deemed advantageous to the public. When applied to the Hieronymus Square Project, it means primarily a reduction in rent or operating expenses paid by the tenants. Abatement is not a subsidy. There will be no payment of public money to Hieronymus Square or to its tenants. A. The speculative nature of the Hieronymus Square project makes it difficult to determine the point at which it will become financially viable. The project must achieve rent levels high enough to cover the debt service and pay the costs of operating the building in the shortest period of time possible. until that level is reached, which we call the break-even point, substantial losses will continue to be incurred and will have to be covered by the use of other assets of the developer B. The retail and office leases provide for the payment each month of a fixed sum as the base or minimum rent. The base rents collected must produce sufficient cash to pay the monthly payment of principal and interest on the mortgage. The base rent is also the only source of cash flow available to the owner for the payment of certain other expenses which will be explained in Paragraph D below. The base rent is commonly stated in the lease as a dollar amount per square foot of rented floor area. For example: If the floor area being leased (called the Adjusted Gross Leasable Area) is 2000 square feet and the Dollar per square foot rate for that space s $10.00, the annual base rent would be $20,000. The fixed monthly payment on that amount would be $1,666.67. ~' ~, I,. fit 'eI ~ ~03 I",' ", t. .. I ~) , -:. '''- -A~ . ,.,~:' - 1 ,0 r'-',.," ~ ,\,.., o ., .' ',\ ~", - : ,"' "":'':''~'"'' ! ...-.-...... \, I t., \ ,.-'j t~'::1 , , I , ~ ," , ' j i: "t, ~. J " il Li \' 1-', l:l (~"o_V ., .-,', .:.:::.',.' .' , "~r ' ,. ,'. \\ f,~ '. f,' .. ,;' t>- . ,~, " ~ .,:' 'jl " ',< ~...; , .. ,"," ", :..... ,,' . .._~.:... ~ :~ ',~,:';'.::;'':';';'''... ;,' ;::;,~~.~.:,:,;,;::.'.:',-:L;\~~::~'<2 ~'i:'J:,:.~,;,:;.:.;:;~~h,::,~;~:;.'.~,:~'~~.:i~~;;',::',:.~:~~~'~:.;J,::J~,:;,~,:~:,:::,~~:':".':Ji:i.;~,'l:~~~ ;:.:.;:~');:,~,~:; , ;(" ~..:, :.; ,:, ...',:'.;.:..:,:<~:' ,.' , 1 , j 1 i ...-':., "~~;"'~-"",-", -'~'''''~'''-''' . -2- C. The leases also provide for the payment each month by the tenants, as additional rent, a non-fixed amount to cover the tenants share of the operating expenses, including real property taxes, insurance, advertising, electricity, water and sewer charges, rubbish removal, depreciation on the heating, ventilating and air conditioning system, and common area expenses. The common area expenses are the expenses on that portion of the building not rented to tenants, but used in common by all of the tenants and their customers or clients. The common area includes the exterior of the building, the roof, entrances, atriums, hallways, restrooms, and parking areas. The common area expenses include building maintenance, repairs and cleaning; heating, ventilating and air conditioning maintenance and repairs; gas and electricity, administrative costs, professional fees and security. If the adjusted gross leasable area (AGLA) of the building is 100% leased, then each tenant pays its pro-rata share of all of the building expenses. In other words, if the building is 100% occupied the tenants pay 100% of the expense. When the building is not fully occupied, the tenants' share is reduced by the percent of space that remains vacant and the owner must pay that portion of the expenses. For example: If the building has as an AGLA of 100,000 square feet of which 80,000 is leased, a tenant renting 1,000 square feet would pay its pro-rata share of one percent of eighty percent of the expenses. The twenty percent of the operating expenses payable by the owner is paid from the cash flow produced by the base rent discussed in Paragraph B above, or from the owners's pocket if the cash flow is insufficient. Additional rent is billed to the tenants each month and is due at the same time as the monthly base rent. When the building is initially occupied, the calculation of each tenant's share is based on a budgeted amount, then after that on the actual costs for each past year adjusted for the changes expected for the coming year. The additional rent accounts are audited at year end and refunds or additional billings made accordingly. Even though these payments are called additional rent, all of this money must go to pay the specified expenses of the project. D. The key to financing the project is the speed at which the space can be leased. The lender will require a minimum level of signed leases before allowing any of the borrowed money to be spent. It is customary for all of the owner's cash equity to be paid out before any of the borrowed funds are used. If the leasing of the space does not proceed in a timely fashion to reach the break-even point, then the owner must be prepared to cover the operating losses from other funds. A successful leasing program for this project must deal with the following factors: $03 - -- ',>0, , ',"", ,) , , , , ..' , \ - --'---,---, ~'€> : ' '. ~,! . ' , ~~, 11, ' ," ~~: 10 ~,. . ',~ " ., ~.',~' i " .,.,~t ;'\'1' . '. '~ , ,;., '" , , <, ,I ~..I, , . '~" . ..,..<f~,:_..;_''- " . ',"," . , ,.'.~' ,:.:,:::",~':' :.'::":..;~.:". .:':;;"~.':.,':~' .:..,;,;~2~'.; ~ .c.... ,.:..., ;,.i..,,,.....,~.,._~,. " ,.' , . .., _.:..._..____k...""""'-'-',...-'-, .~.,~ ,,;":: ;",.';"~I": ,:"~:':';.,';,l..cr'.': ,......,.:..:. '.:':, I, , ',.~.'; ,,;:'. ~';: ,'. ..:', C'.' < ". ,/, " ..\ ,.. -..~ , ' , \ \ ~ , j " , , 'E' ! . , , I! " , I ~ ,II' ,'.,~',',: 1, It i. '.:': l ~ .'" . ',' '--' rr-;- - ~---~-- ,.. . " '.' ...J,.'"'~;.",'".,"."~:.,,,...,_,_..'_...:....M' -3- (1) The total base and additional rent paid each month must be competitive with the rental rates charged on existing space in other downtown locations. Because of the relatively steady rate of inflation of building costs over many years, Hieronymus Square will cost more per square foot to build than any other commercial building in downtown Iowa city. The first class retail and office space we intend to build may well be worth a higher rental rate, but we do not know if it can command more than the market rate. Assuming as we do, that the project will achieve rents at the high end of the current market, the project will still incur substantial losses during the first three years of operation after the completion of the building. (2) The break-even point must be reached by the time the percentage of AGLA under lease is no higher than between eighty and ninety percent. Lenders require that the owner make a permanent allowance for a vacancy rate of five to eight percent. The closer the projected break-even point comes to ninety percent, the chances of getting a loan approved are sharply diminished. (3) A break-even point at between sixty and seventy percent of AGLA leased is generally considered to be desirable by lenders. To attempt to achieve that result would require asking for more than market rents. It is likely that this approach would extend the leasing period and increase the owner's initial losses substantially. (4) with the base rent at market rent the building should lease up faster but at a higher percentage of occupancy and with lower margin of cash flow available to meet the project obligations. In view of these conflicting economic factors, we plan to set the rents at the high end of the market rent level which should produce a positive cash flow within three to four years of operation with an occupancy rate of not more than eighty to ninety percent. E. The savings resulting from tax abatement have a direct effect on the rent paid by the tenants. The tenants do not generally differentiate between the base rent and the additional rent. Their rent is paid with one check each month. with tax abatement those checks will be for smaller amounts for ten years. For example: Assume a 3000 square foot store rents at an annual base rent of $17.00 per square foot and with annual additional rent estimated at $7.15 per square foot without tax abatement. The total square foot rent of $24.15 multiplied by 3000 produces a total annual rent of $72,450. with the reduction in additional rent coming from 503 "::- ..= ~-- ".Q ,,',),..',,""" I i ! ~ [) I " It ~ ~b; . -4- , ,I , , tax abatement, the total annual rent would range from a low of $61.800 after the first year to a high of $70,440 at the tenth year. As you can see from the above explanations tax abatement is essential to making this a viable project. without tax abatement the rents would have to be too high and the banks are saying the risks are too great. We are confident that with tax abatement the Hieronymus Square project will ultimately be successful. This building will lead the way as the standard for others to follow. The good things for Iowa city that will result have been listed in our letter of February 3rd and in city Staff Memorandums. Some of these are: I' " '0'1 ~, j '" ,I ,', ">'1 'i I I -..~ 1 . ,I' : . .....:~ (i Substantially increase the real property tax base and taxes collected. ,- ',' Increase the density of the use of downtown property. Create more jobs downtown and in Iowa City generally. ",'i. , ~ ,"'" Encourage others to attempt new development downtown. Bring new businesses to the downtown and to Iowa city. , , ,\ " , ' I Hieronymi Partners , I~- ~';"! ""'," ,....-,.,L \ , \ ..~ By: " r':"1 , R: " , ,: ,j[ , ~'-, ',.'.- ! '~J=,~,~ A ',,', ,; ,,' ,",,--..,).: 503 ',', ,,' "",,"','J,':': j .,',......,..............,',.,"'".,"""'"''',.'"..'''''.'1'''."'~,"", '. 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';,c'~:"":"';':~'"'.'"-,".1....-..,, _h"',....~<,.~,.,.. so3 I' ~' , t'5 0, 3722 Hummingbird Lane SE Iowa City IA 52240 February 24, 1994 Members of the City Council City ofIowa City Dear Councilors: I would like to raise some questions that to my knowledge have not been adequately addressed during the recent discussions about the desirability of providing property tax abatements for the Hieronymous Square project. Many of these questions are relevant as well to the more general issue of city policy regarding incentives for economic development, which I understand the city council will be discussing in the near future. My purpose is not to oppose or to support the tax abatement currently under consideration; instead I wish to raise some questions that I think should be an important part of any debate about the use of city resources to promote development. My thoughts on these issues come out of my reading and teaching in the areas of state and local government finance and economic development financing, I am an economist and an Associate Professor in the Graduate Program in Urban and Regional Planning Program at the University of Iowa. I have lived in this area since 1977 and have a long-standing interest in the development of the city, Question 1: Is there any reason to believe that locallant/markets and financial markets are not working as they shoultl? When considering proposals for incentives to stimulate commercial or residential development, the council may hear arguments that the project would not be economically viable without the incentives, Let us suppose that persuasive evidence is presented in support of this argument; private lenders, in particular, are unwilling to provide financing for the project. It behooves the council, then, to determine exactly why the project has been judged not viable by financial markets. Obviously, bankers and other investors finance many residential, commercial, or industrial projects over the course of a year, projects that can earn a reasonable return for the investors even while paying their full freight in property taxes, If investors are indeed unwilling to put their funds into a project, it must be because the numbers don't work-the rents would have to be above the market level, the vacancy rate would be too high, or it would take too long for the market to absorb all of the space. Unless the council believes that they are more informed regarding Iowa City rental and land markets than the investors who would have a financial stake in the project, council debate should proceed on the assumption that the city is being asked to support a project that does not meet the market test of viability that other projects must meet. Questioll2: Is it ill the dty's interest to prall/ate 1I01l-viable projects? At any point in time, there are no doubt many projects that could be proposed-residential subdivisions, speculative warehouses, shopping malls-that could not get private financing, but that would be viable (profitable) ifless of the project income had to be paid in property taxes. We obviously can't and wouldn't want to promote all such projects by offering tax incentives, What is it about the particular project under consideration, then, that warrants city subsidy? Why do we want to promote projects that the market has rejected? -'~-"-~~ " "-~ 1=- .q'),i .' . , , ~ I I ::t I .~~ '.' " s , ' ., ~}')"'l' '" . ,', ~~. " , .,-\I\i' , '. ". , ,~' , ,.' .' '~'''' " ~..~! , ..' . . .~';~:;~,. ;:;~:~:.:.' ",;_"l ..'.',",:.'___C'..,, ..,,' .'. ".-'~,.',..""... '.':_.....""'-,,,'_J.,.'~, / ! In my public policy classes, I tell my students that public subsidy of private development may be justified when there is some clear public benefit, and that a true public benefit is something outside the market process, something over and above what is taken into account in financial analyses of projects. When students suggest that the public benefit might consist of the public's demand or desire for more retail or office space, or more housing, I point out that these kinds of demands are adequately represented in the market place. They are not additional public benefits, If population growth has increased the demand for housing, then the financial feasibility analyses of apartment projects will reflect that increased demand and the market will respond by building more apartments, If projected population and income growth will allow the Iowa City market to support more retail floor space, this will be reflected in positive evaluations of the feasibility of retail projects, If we started counting the market demands of households or businesses as public benefits justifying public subsidy, we would have to subsidize every development project ever proposed. If public support (iil the form of tax incentives or other subsidies) is justified, then, it must be because there is some public benefit that is not accounted for in the process of market valuation, but that is worth paying for. Let me give some examples. Suppose that the city asked the developer to include some project features or design changes that would add to project cost but not to project revenues; as a result, they would render the project infeasible. If these features are for the benefit of the general public (better design, more landscaping, public spaces) then we ought to be willing to pay for them, In this case, the tax incentives are necessary because public requirements make the project non-viable, not because the use itself is not viable by market standards. We should be asking: What is the public non-market benefit that we are going to get from this project, what is the quid pro quo, and is the benefit at least equal in value to the tax abatement? ~ () Probably the best example of this approach comes from existing Iowa City policy with ',d.': respect to housing development. The city has decided that it is in the public interest to provide more' affordable housing, It often is not in the developers' interest to do so; subdivisions without low-cost housing would be more profitable. So when the city imposes or negotiates requirements for inclusion oflow-cost housing, it provides some compensation to the developer, by paying a larger share of infrastructure costs, for example. The public benefit and the quid pro quo is clearly defined, If clear public benefits or quid pro quos are not present for a particular project, are there other possible rationales for subsidy? I can think of only two possibilities, and both warrant close scrutiny, Questioll 3: Is it city policy to subsidize rellts? Public subsidy of otherwise non-viable commercial or residential development projects might be justified if it is city policy to promote below-market rents, If a development project is not justified by current market conditions, then it is probably the case that the market cannot absorb the space quickly enough to provide the income that would cover costs. Under those market conditions, a significant increase in office or retail space or apartment units will create a surplus of space, In such a buyers market, rents will be lower throughout the CBD or, perhaps even the city, than they would have been otherwise, as the new space competes with the old, In the case of the Hieronymous Square project, the developer has clearly stated that the tax incentive will be passed on to tenants. The public subsidy in this case would be justified, then, if the city adopts as a public policy the goal of providing rental space at below-market prices to downtown retailers and office uses. This would be a commercial rental subsidy program, albeit an indirect one. The public interest in such a program should be spelled out, as it has in other areas of city policy such as the desire to assist low and moderate income households find affordable housing, S03 o , 0 .' .' I " r.;, ,l,) to " 5!\1,: .".; , ., .:" ~,':~"::~' . I,',' " " '" . "\t'. '\\1,. . ...... , ;~. .., : " ','""" . ..~: "...', '. ,':-..1, " " . ~' ':f ~'". i , . I ; ,~ , ,', ..'.,.. '"c"" " ' .~ :i,~.:L,~,-,'L,~..~,""-,~.:.;~-,;!~":.:..~;~~~...~,/d..;:;j'~~~~L~'~L>':"''''_~~~{~ ;:( I , ";" . . ' , , ' . , ., __ '.:.,------...:......:..:.:..;~;~",;;.;:,.:~....;.:~"""';;\l....l....~r.r~~.:."<:u;~j'~;,;" IAt~:~..;,;""'.:.,:O':':,\_.';._"_.!n.:'_'.~"..~".c.r<I;.;,';_._..,y,......:.,.....'_,~".....,,~;..,: .' " I, ,b \ , Question 4: How do we know wltetlter tlte city will gain or lose property tax revenues? An alternative justification for tax abatements is often put forth: that it is good policy because the city will be a net gainer in property tax revenue. This conclusion is based on a comparison of the taxes that will be paid (after abatements) by the new project with the taxes currently being paid on the property. This is the wrong comparison, and can be very misleading, Whether the city will gain revenue depends entirely on what kind and amount of development would occur in the future, on the parcel in question and elsewhere in the city, in the absence of the tax incentive. If the demand exists for additional commercial space, then it is wise to assume that some developers, somewhere, sometime, will come up with projects to satisfy that demand, projects that will pass muster at the local bank without benefit of tax abatement. So if this particular project is not built, something else will be, something that will be paying property taxes, In may not be on that parcel, and it may not even be in the CBD. But when demand justifies it, developers will propose projects to satisfy the demand, and bankers will provide financing. The argument that the city will gain revenue is based on the assumption that if the project in question is not built now, no other projects will arise to take its place in the foreseeable future, If this is an accurate assumption, then the project in question is a truly bad investment. Not only is the market not ready for that amount of space now, but it won't be for the foreseeable future. This brings us back to the earlier question: Why is it in the public interest to bring into being unwise projects? Question 5: Are tltere otlter more viable uses of tlte land in question? The developer in this case has stated quite plainly that the project being proposed would not be viable, even with the tax incentives, if it had to cover the costs of all of the land at today's prices. Let us take that argument at face value, If that land has such a high market value, it can only be because there exists some potential use of that land that can justify that value. Market value does not come from thin air; it is a residual that comes out of the calculation of the income stream and the costs of alternative uses of the land. The use with the highest residual-the use that could afford to pay the highest price for the land and still be profitable-is the "highest and best use." Market value-to the economist, the tax assessor, and the bank's appraiser alike-means the value of a site in highest and best use. Therefore, if the proposed project could not justify paying the market value of the land, the proposed use is not the highest and best use. It follows that, if the project in question is not undertaken, then some other use that would be more valuable, and would produce at least as much tax revenue, would be viable on that parcel. Conclusions The provision of tax incentives for a project that cannot pass market tests of viability may be a wise policy under two conditions: (I) if the tax incentives are balanced by a true public benefit, or the city negotiates a quid pro quo (that is costly to the developer) in the design of the project, or (2) if the council decides that it is city policy to subsidize rents for the kinds of property being propo~ed, at the expense of taxpayers in general. In the case of commercial or residential projects, it is very difficult to support an argument that the city will be a net gainer in property tax revenues. I I I I I, " ,0 ! ~r'" , ' I ! I I r: ! , ! i \ i \' "i ',,~';,' ;\ ~' r~ G. \" L. Sincerely, etA~ Peter Fisher sa.?, " '.. ',.,' 0 " ", ,'" ,~' , . \ .:;.'" \,,:. 'I'" " ' )5 .10 ',".<" , ! , o :y ~}:.".'F".I , '" . :?~~,~'I,~,"'," , "" ;', , :"'1 ':'1 :J';" ,'.: ", ""I ," ;-/ . ~. " ' . .. ' . . ' , . "':"\:::';;;":"':'<~:~~';';;~'~I~~,';;:"~:~';>i~~~;';~~~,~2ii~~.;L.~~~;.i~~2L.~~~~~~'~,;:.:.~,~:C~..~~'::_~2_.::~~.","~",',",'-''''.o>*~~c..,:<:...":;r.lt,~""""..~..,.r,=.._.',~_~._"~,-"",,,,,,,,~:~~;" < " , . , ,I ~. '! , , i ',I "-.",1 . i' I PLAZA G;ENTBE t)NE Fal E~" ;1" i..J, ~ S .to"! !".t~ ':-,$ 94FEB 28 AH II: 46 CITY CLERr; JOY/A CITY, IOWA SUITE 200 IOWA CITY. IOWA 52240 319-351.8698 February 28, 1994 Council Member Iowa City City Council Iowa City, IA 52240 RE: Heironymus Tax Abatement Dear Council Member, The intent of this letter is to point out some reasons not to agree upon the tax abatement request of $1,300,000 to a potential developer in the area south of the CBD. Ironically, this objection comes from the present owners of the first Iowa City Urban Renewal project many years ago. We were on board from the start of Plaza Centre One and were very instrumental in making that project feasible without tax abatement. The primary developer was/is the same for both projects. While we support the continued development of downtown Iowa City, we ask you to deny the large request of tax abatement. The opposed position is taken for several reasons: During the past few years Iowa City has nurtured into existence many office buildings in outlying locations, This has assisted in the lessening of office space viability in the downtown area. The rents in these facilities can be considerably less than those in the CBD. Iowa City tax assessments have increased dramatically on downtown properties in the past few years. This, too, has raised the cost of renting space to a higher figure compared to other rentals, further disstressing the downtown location option. From media coverage, the square foot rent the developer wants to be able to charge (with the aid of tax abatement) is less than the rents in comparable buildings. $10/sf is less than peOne can ask. There is office space for lease in the downtown area - not as erroneously reported by the developer. In fact, there are 6000sf S03 "--' - _.~-- J "_ _",</,Q" ',,'i,." ", ",::, ': j1i -.' ,< " " .' ',.~/"; tc-: ~ r-_,_' , ~ ... - """"",,:,'t. .",', , ] 1 I I . " '~?5' :,1 d: . 1 ',;-.", ",-" .""., ,I I I =':..j ",/ j ~ !i !l , .. "'~ ':-,.,',''; f: ~:~' {; ',',' " .;:, :"1 ... 1::: ! I I ' I ~, II,' i[j l1 ~...;.~/ , '.'(-_0 ,,', available in PCOne today. Only one time in the existence of Plaza Centre One has it been fully rented; the late eighties. At the present, PCOne pays $135,000 in taxes each year (it will be much more next year); about the same figure that you are considering gifting to the developer. All the taxes PCOne pays would be removed from the City, District, County coffers. and awarded to competition. And please remember, Iowa City government has not done well when it has tweaked private enterprise in the recent past. An earlier Iowa City Council eagerly "invested" in a $10,000,000 hotel backed by a millionaire. That millionaire became bankrupt and it cost local taxpayers millions of dollars. It was an embarrassing, costly event. If this development before you does not meet muster, does not pass the test of feasibility why do you want to invest in it? You would be putting taxpayer dollars at risk once more. What would the result be this time? Are you willing to personally invest in this endeavor?; in essence you are risk investing citizen's dollars. If the project is feasible, a quick study would indicate that a normal down payment would achieve a loan in today's marketplace. And, probably, the interest rates would be lower than PCOne's. With a reasonable up front project investment, the rental rates sought could be achieved. Then the developer would be putting the money into the project to achieve the rent level sought. The developer of PCOne made it without a tax free lunch; why can't this one? What breaks will others ask you to consider? A tax abatement will put PCOne at a disadvantage? What options are open for us to compete? Thank you for your thoughtful consideration. ~ !~LJ Sincerely, ~hC!Jt.d Y~..w - - I.LU . John H. Lind Richard F. Hansen S03 ";.' , " " - - il';- l~ i" :"", ,c >. 0,' ,,',. ,', " 'if': ~"'~''';'\C'"'''''';':' """""tj'5~':'?"" ' 0";' """:" ,,',.....1' .. 1,,'1...... "j~""'" , , A: .? "':n a.~~".~" ',:, ,: '," ,;~~";; , ' ,.' :"";,",, "":'.'''''''I'I1"".::ii':" " ",',"',',,:: '... t:., .::~,' ., ..... ,~. ~. ..,'. t>- , , .. ~t:'. , ,\1.. "". .. ....' , .'...\ 1 -. . __..",'.. ~. ..'." ~. '", ..-.....',; ,:,; .~:.:,'':.';;~:...:.ii;;-.~<-.'.-.",;'':'t~:~~~'';'"i'-_''' ',....~,""'--'--"',~~_ .~._.. " ~,ii,' i,' . , . C"'" , \, , , '~.\ I I \ I \ , \ i, '1'>,1 ; l~ -',.(-\ i' ' I I' !,i I" I' I I I I, I ! , ii' , I : i' I i I ,( , , I ;...', " v li~~"I'~' :1 l" I'; V 7',.11' ", i;r~~' ' "":l"lj -.."\,... ;, o , " ,-,_..~. .~,-,.,,,'~'~""-"'.'~"'""'-~'",~,...''' "..~'"' .,,', "" f" , ..,'.",' ',,")... '..," .,'"'' ,.~,",', "'...~"'....~_h _,_~~._. ___"'_,,_,_.._._ __.' . February 22,1994 City Council City of Iowa City 410 E. Washington Iowa City, Iowa 52240 Councilors: , We have some questions about the Urban Revitalization District as currently proposed for the South of Burlington neighborhood. The proposed District includes the vast majority of the CBS Zone but excludes properties south of Court Street. We understand that the decision to exclude these properties was made under the assumption that there are no sites for new development. The decision has now been made to encourage rehabilitation of existing historic structures as part of the revitalization plan. We would therefore ask the Council to consider including all of the CBS properties in the Urban Revitalization District. There are several buildings in the area south of Court along Gilbert that are underdeveloped and could be qualified under the plan. Property owners in this area will soon face an increased tax burden to pay for the redevelopment of Maiden Lane, yet would be denied the potential rehabilitation assistance being granted to the rest of the southside commercial district. We hope you recognize our pioneering efforts to create a vital commercial district and afford us equal opportunity in continuing the rehabilitation of this area and the growth of downtown. o .' . ' 503 ~l ~ u: I 0 . ;', ,o.ac..\l " , 1'.... r , ,,\ [~'\ ~ ,,,.,..l ,,-.'~~~ ( , I i. '~, I' , , 0-,im1, ,: "9" 1 ,.~" ;! ~, :~'I'., . t';a -" " . ,~, , ' ,', " ',~r \ ; , "'\'., ". " , .., " ........ >~""., . , ,_, ..~.'1:"~. .;" ;;'.;:~.,~:~~,.:,!.;./('.:-. \o:~'';::~:~'';'''~''~;''''_';''''''a__~.. _~_.:._.:" ~"':' __ page 2 '~' , , ,---,,---,.,-,._~'--"._""'""""'~",'""'''','''' .."'.';"',, ,'~' '-~.." ,~"'""".""....,,..,---,- .,,--.-..,..,-., , . We thank you for your consideration and would welcome the opportunity to answer any questions. ' o Sincerely, ~~lWODdson The Sanctuary Restaurant f" ~ '. S-03 )S ~O " 0 , .' " :":;.;~:.l;,::':"J~~~ ~>, ., , "' , '-'~ ,,',,' " (".! r,' \./ c'""j \ , ,< T: ~ I ~" . , \ \ I' \~ , ,! , I'" o , , .-\ . ;':' ,".,:., ~ .",' . . . ,:;~t'~\'!';l' "'. A'" .. . t ' " ."l" ,1"',.-,, . , " ,~ .... ("'" "",.:,. , ..,I " , ',',' '. " .. ' . ,',', ' , ' :.., '..' __,:":"~~-':~~~~~"':":"""N'I."'~'.~;':';''''':;''';''':'t...~A''.l.'.'';'...,..~':':'w...~ ~,.,__~....~."..,,'"'~~:....,,'~,.,......~.....""_.......~..;...:..:.....:_ __~ Ordinance No. 94-3609 Page 2 area was not expected to develop due to the lack of sanitary sewer on the University property, b. Actions taken by City Council in approving the project, On October 2, 1990, the City Council adopted Resolution 90-183 authorizing an agreement with MMS Consultants to design the sewer. On April 2, 1991, the City Council held a public hearing on the plans, specifications, form of contract and cost estimates. Following the public hearing, the Council passed Resolution 91-53 approving the plans and specifications of the project and authorizing advertisement for bids. The City awarded the Northwest Sanitary Sewer Project contract to Maxwell Construction Company on April 22, 1991, by Resolution No. 91- 83. In Resolution 91-293 adopted on December 10, 1991, the City Council accepted the work for improvements covering the Northwest Sanitary Sewer Project. The City Council authorized the issuance of general obligation bonds as interim financing to pay the construction costs of the Project in Resolution No. 90-227. c. Total project cost, The total actual cost of the Project, as certified by the City Engineer, is $807,646.94. This cost includes $213,220.70 in interest costs. d. Total area benefitted, The Northwest Sanitary Sewer Project benefits a total of 865.7 acres, The 865.7 acres has been divided into eight 181 subareas labeled A though H for cost allocation purposes. See Figure 1. e. Building permits. All tap-on fees must be paid prior to connection to the City's sanitary sewer. No building permits shall be issued for any parcel or tract of land located in the benefited area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. f. Schedule of fees. The following table lists the tap-on fee per acre for the eight subareas In the benefitted area. The fee reflects the actual costs of the benefits associated with each subarea. ,t',. ',' 0 ' .'".,,' . ",'''.., ",:', , "''':~\ I", ,~:'J" ,:'; <,' " .~' , '..',; , "f, j' ~, . " ,I I',. ,I , " 1 'I " ", , , ~ );\,\";".",e,, S3~ ,;,", ""'t::~;,~'fO.' ;'\ , ,r. ~), I. /l . , . .~: '.:. :'::': .' ~~ ' , .. ~ ,-" ^ ~1' j ,...-'" \ \ ,-!,! r:~';;. , , ' , I I . ~ ;"2" '. y \',' ;'~: i) (I , '., "! . ~;'./ i" o ", ' .....;,' ., '" , ':""';"- ;:.t\ll: '1'. '. ,'.. ",I ,. :,,' I,: ''',',>J -<, ..A._;....~~~,~_,__.,_ " . , ' , . . . 'I. , .' , ."" - ,.._~~..~._.,_.....__._..,---,-,...;.-.---;;"., Ordinance No. 94-3609 Page 3 Subarea Acres Fee Der acre A 83.6 $1,137.04 8 75.4 $2,017.44 C 75,8 $2,017.44 D 68.3 $1,243.30 E 296.9 $362.90 F 36.2 $2,017.44 G 194.1 $362.90 H 35.4 $2,107.44 g. Agreements with developers. The City may, in its discretion, enter into agreements with developers subdividing property in the benefitted area, to allow equalization of the tap-on fees among the lots in the subdivision, including agreements for the prepayment of tap-on fees, the payment of tap-on fees on a per lot basis and development sequencing. Such agreements shall not in any way alter the requirements regarding building permits set forth in section e above. h. Maps and illustrations, Figure 1: Project area divided into eight subareas. Figure 2: Map illustrating the general location of the project area in relation to the Iowa City Comprehensive Plan. Figure 3: Legal description of the Northwest Sanitary Sewer Project. Figure 4a and 4b: Plat of the Northwest Sanitary Sewer Project. Figure 5: Map showing the property benefitted by the Northwest Sanitary Sewer. Figure 6: Legal description of the properties benefitted by the Northwest Sanitary Sewer. Figure 7: City Engineer's cost certification SECTION II. REPEALER. All ordinances or parts of ordinances in conflict with tha provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any of the provisions of his Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable and shall remain in full force and effect. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from ,,;0 , '. ~ ~ ' """ , ..~. "",..,.""," , , ~ , , ~. , I I I .....__...,__"_.._,_..~c__.,__A..~__~ .- . ,.'",''-''J',. '\ I o ... S'J~ ,,;', (' '1:0,: " "., '~ ',,' j , ;, ) .. "I" " 15 ,,_.,~~.\;', X'~..:<"; ~'I":,."..:~". ';:' .,:-~,\ ~' ..,...., ,',.'- .... ,~. ," ."~'1" , . '. ",.., "',..'::, ,;:~I \~l' ;:" . ~ ,".. '" . ".,,', ' '.; ,"iI.' -, ~'. '.l',!", "", ,:'~', ' , ',"' " ' , ,,~,-'~ ":,,,"' ,;_.,," ...;'-'~{.\~:: ..:~,~;,.:"':;:..~i.~:t~~l':;~;~;;~'~~~ .~~;:;,.~J~,:,=i;~ ~_~-i~'-_,", , ' , ' , , , --,':;: ,.,' ,'..,. " ,', .' ",-:..,' __.:...;_.--'.'.~'- _....'",'J.'"".,~'<L....':~'..."",','~,."~>"-',.,'..".-M.-Cl'~.~..',,.,.. ,,-,~,,,~~,,..........,......._ ....._..'.__~ , 'I ~l 'i i;l ( ,; po\. "..,., , , \ \. '. "'" /....- ~) : I k, j( I " c l,,) 'J o , i Ordinance No. 94-3609 Page 4 and after its final passage, approval and publication, as provided by law. Passed and approved this ls.t. day of MaJ:ch, 1994. ~ /hrdn.-,,;;5/ . MAYOR - , ATTEST: \~ ~ ~~ CITY CL K AplHoved by .Th.c1M~ w . Z~ '. City Attorney's Office r _ J, 7 - ~ ~ marshab\lapon,ord 1 \'" ' , " io' '. 53ft, '1',,;:.., ."F"': " is' I . I,' r,i ,'..'} I', I .' , . .'1'...",';' , '0",' li , " ~"':,:' '! .'~'f'.-,t ..'",. ' , \' \ ...,:j " ! i n I, ",j ( ,',~ !J;\~ C \ \J ~ 1'/ I ~ '.. ~,' ; 'J ,. II , ~ 'it o ',,^ . . .':' :'::~', .,.. " , ~ .. . --'" '.,'" .:._~.:.....__,'::':""',:A_...:.~,~~;i-'" . It was moved by Kubby and seconded by Throgmorton that the Ordinance as read be adopted, and upon roll call there were: NAYS: ABSENT: AYES: X X X " , J 11 J I 11 X X '\ Baker Horowitz Kubby Lehman Novick Pigott Throgmorton I, .0'. , , First Consideration 2/1/94" Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. Second Consideration 2/15/94 Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. Date published 3/9/94 ,j" ",'.........,.:',....".:,\"-" ",,,,,',-:'."',' ~," 'p,,,,,. ~'.;'.",' '."....q '\ ~ ' , 1>:( , s"3lo ".:""'; " , ' " T'-'"'''' IS ,8"0"('1:; I ,< .:.,..',.,..',;,'1",".." ,'S3:?I '-... i ,,;.'::.. l "~I , I , , , , '~ . ",~.:.. " I" , , (. , ' \',.. " ~l /1 , 'il':""~ ",'1"",111:' ., ")'l :1 H' ~ >;')lit.iW,; V',w!'~ I , .... ~ -~,- ~ ~ , '~L,\I.. t>- , .. , , " ,n - Z , '. ~ 0'1 r-- f- ".. . I I " - ' 53<, o o .'" . i " c.. : .) ! 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I I , o o .'" ~'-' .'1" Figure No. 3 " LEGAL DESCRIPTION OF THE NORTHWEST SANITARY SEWER '" , '.' commencing at a Concrete Monument found at the Northeast Corner of Section 7, Township 79 North, Range 6 West of the 5th Principal Meridian; thence SOoo03'27"E, along the East Line of said Section 7, 2603.16 feet, to a point on the centerline of the existing sanitary sewer; thence S880S9'39"W, along. said centerline, S.72 feet, to the existing manhole, which is the Point of Beginning; thence Nl8036'SO"W, 82.98 feet; thence N6701S'43"W, 21.00 feet; thence" N6701S'43"W, 400.00 feet; thence N90000'00''W, 400.00 feet; thence S80032'38''W, 400.00 feet; thence S70047'26''W, 400.13 feet; thence S420S4'48"W, 400.00 feet; thence S49026'49"W, 400.00 feet; thence S36034'17"W, 400.4S feet; thence' SSsoOS'12"W, 312.31 feet, to its intersection with the West Line of the East t of said Section 7. And also commencing at the Southeast Corner of the Fractional Southwest Quarter of Section 7, Township 79 North, Range 6 West, of the Sth Principal Meridian, and for the purpose of this Legal Description the South Line of said Southwest Quarter is assumed to bear S89007'30"W, in accordance with existing Survey Plats of Record; thence NOoo22'S4"E, along the East Line of said Fractional Southwest Quarter of section 7, 1788.07 feet, to the termination of the previously described Sanitary Sewer, which is the Point of Beginning; thence SSso22'S4"W, 36.S2 feet; thence S28003'28"W, 219.92 feet; thence S60032'42''W, 39S.00 feet; thence SS2002'10"W, 36S.00 feet; thence SS70S9'21"W, 341.19 feet; thence S6so13'07"W, 2S8.49 fee~; thence S02021'16"W, 400.00 feet; thence S240S2'09"E, 263.46 feet; thence SS60S6'21"E, 318.12 feet; thence N89000'23"E, 103.30 feet; thence SooS9'37"E, 142.20 feet. ". t , ":~---', " i~\ \~-:"':~ '4] \\ ,\' I, I I ; ,,/ , , ,~ " ,Coo - "!" ! '..'.H. ,',' , , S3~ '.. 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'0\ I "",I I I I I '~h \ .....0' " \0-~ I'^-' .n. ~'~ "'\4>. .~\\ " ,.~'~ ~., , ,r" 'h.. \\-- \ \ \\\ 't\\'\'b, '..\~~ '..o~ " I,~\ , ,r\\\ \'\1,... "" , " , ", ~~~ .~)~~ .~)..:!O~'~ ~~; , ," 0' ~' ~.o' '.' V(I" .,l- ''I'!i> {~ \ 'h , 'll~ , "', '\""'~~?s":' Id; . , " ,'," . ~ ,; ';, I,..~ ~.', ' Figure No. 4a ~ ';.. \ '-:. 126166' ~. ..., , S 00'01'27' C 7101,11' SlSI,7J' PUJ l4d ...., "d l/ll-MIY-HIU-L HOU~3S 1011OO~ !SYJlUnos I i I - '"~, j ',1 :I .. s WI" ill: 15" . _~i SZ b u~3 "'" ~i" efj" ~d '" ': .' I " ;' \ ...-r.... ";J.l,.t \ " , \ ' 1 I ~, '; j' ,I I I Wd H1~-M9H-"6Ll t 1l01l~'S z/l ISV1 3NI1 IS1'" _-"-l ,:(,0 -, . ,. ":\,,'.":: -, :":~:: ::' m~' .. ~. :', : < '",".' , "- i~:j \! \\1 ,,' ~ y'~ , ( ~ I, 1 ~ I I I , I i ~~, l!il, 'j ", ",,/. .- , ,I,,': ~-~ o r- ., ,'...,,' .1. ",,. ~, ,,~ : J" ~ ,~ .' ~ . ~ ~ i S 't a f ) -. ~ ~ . r . . ~ . i ~ ,'\ ,','.' :::'~',\F~'j,',.. :; " " ~,.t:" . !( '~', . 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"'" \.,,1~~~ ~ ""," ,\~l''Jt'rP~ts.O'''''''''' , ,>j""''' '... /~.. 11,0' ',- I.#J :,..."'" , (0' " , ';' , i~ , 'i',j~i ,,,,,~l~~:~~ln, Iff!:,.., , ~,~~ ~tV 'Oo/r ...:1t..~. I ....~t,~ ,,~ :.,,, l I ~. . , .___n.:.:.: ' i . . a a . .. '" ~ ~ ~ " . J' .' ""''''1'' "",-"": ,5 . I'"'' " 0.., ..;,1 , , :'.7::~t~ ~ \0 '. o Z III s.. ::l Cl .... U. ,~ f" :' '. I . ' , ", \ , :" .. ,,"' I "I I ~o o o , , ~i1a : ., ....-:....~ I, r \ ",\ ~-.\ \ \ \\ ' ~\ .' ''"'' ',"'" 'l :."(\ i. \ , Ji ~ 'I ' .. 1,1 !, I , I I ' , I I I ~. ! I I' '[ 'I i, : I . I ,,' ~\,..:;/ . .tC__~ .. ' ,\ . ..; ',~', \ . " '" " ". ."1\,\" ..,.t '....' . "'.;1. l ", ~. . . .. _ ,.,.._,.,._',..,..'_ ..;~_..~."..,.._ ", ".."~h"~_.,. , ' , , '-'''''~ .',..'.~" . ,.,'.~..'~".,,'..,.....'.'...,.. Figure No. 6 NORTHWEST INTERCEPTOR SEWER SERVICE AREA DESCRIPTION TOTAL SERVICE AREA A portion of the South Half of the Southwest Quarter of Section 6 Town hi 79'North, Range 6 West of the 5th Principal Meridian described as'follO~s:P Beginning at a point in the center of the fenced highway a distance of 787 feet N7'30'W of the Southwest Corner of Section 6, Township 79 North R ,6 West 'of. the 5th Principle Meridian; Thence N82'30'E, 1835.2' f:~~~ Thence 513 2~'W, 919 feetj ,Thence S85'10'W, 1502.5 feet to the Southwes' c~rner of ~ald Section 6, Thence N7'30'W, 787 feet to the Point of Begin~ nlng, all ln the SW 1/4 of said Section 6. AND ALSO: The West Half of the Fractional Northwest Quarter and the West Half of the Fractional Southwest Quarter of Section 7, TownShip 79 North, Range 6 West of the 5th Principal Meridian. EXCEPTING THEREFROM 25.0 Acres, more or less acquired for road purposes by condemnation proceedings Recorded in Book 698, at Page 303 of the Records of the Johnson County Recorder's Office. AND ALSO: The Southwest Quarter of the Southeast Quarter of Section 1, TownShip 79 . North, Range 7 West of the 5th Principal Meridian AND ALSO: All that Portion of Parcels A, B, and C of Clear Creek Subdivision as Recorded in Plat Book 25, Page 53, of the Records of the Johnson County Recorder's Office, contained within Section.I2, Township 79 North, Range 7 West of the 5th Principal Meridian, EXCEPTING THEREFROM 6.33 acres of Right-of-way easements, Recorded in Book 597, at Pages 22 through 27 of the Records of the Johnson County Recorder's Office. AND ALSO: All that portion of Lot 1 of Charbon's Second Subdivision, as Recorded in Plat Book 27, at Page 30 of the Records of the Johnson County Recorder's Office, contained within the Northwest Quarter of the Northwest Quarter of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian, which is more particularly described as follows: Commencing at the Northwest Corner of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian; Thence NS9022'30"E, along the North Line of the Northwest Quarter of said Section 12, 397.44 feet, to its intersection with the Northeasterly Right-of-way Line of the e'xisting Secondary Road, on the Southwesterly Line of Lot 1 of Charbon's Second Subdivision as Recorded in Plat Book 27, at Page 30, of the Records of the Johnson County Recorder's Office, which point is the point of Beginningj 5?' ... ~.~ .- ~- ,~ ) I ~'O"",', 'i r. Jl. ) .,. ~~~::\ " .. , "i\,",:--;:." ~,\':::..:'~' , " '-: '." '" . .". . . '" , ""'/,~.'~t:.\';,;., ' . :',1,.. i', . ': "'1 /' '," I". .'-' . ", : ~'''f,' " ,...,.,. , . 'j . _.,):'~~n':"'~~._.,_, ,...,' , . .~ .' '" "',,',:' , ~. " _ _..__,......,,~~...,,~.....,~,;,,"".""'...""""-"L._'"'__ '"~. ._....,~_~___ Thence N89'22'30"E, along said North Line, 924.01 feet, to its intersection w!th the East Line of said Lot 1: Thence SOO'23'47"E, along said East Llne, 929.77 feet, to the Southeast Corner of said Lot l' Thence N47'12'00"W, alo~g the Southwesterly Line of said'Lo~ 1, 930.30 feet. I Thence N40'45'00 W, along said Southwesterly Line, 379.61 feee, to th~ ' Point of Beginning. Said tract of land contains 10.32 acres, more or less and is SUbject to easements and restrictions of record. ' " , i j I ,i AND ALSO: A parcel of land located in the NW 1/4 SE 1/4 of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian, City of Iowa City, Johnson County, Iowa, descriped as follows: " Beginning at'the SW Corner of the NW 1/4 SE 1/4 of said Section 12; Thence NOO'22'W, 988.0 feet along the West Line of said NW 1/4 SE 1/4; Thence S52'43'E, 885.0 feet: Thence S47'38.5'E, 652.2 ft. to the South Line of said NW 1/4 SE 1/4; Thence S89'24'W, 1179.8 feet along said South Line, to the Point of Beginning: containing 13.97 acres, more or less. AND ALSO: The South half of the Southeast Quarter of Section 12, Township 79 North, Range 7 West of the ~th Principal Meridian. ; ~, EXCEPTING THEREFROM 24.1 acres of eXisting Road Right-of-way conveyed by Fee and Easements of Record and Recorded In Book 602, at Page 72, of the Records of the Johnson County Recorder's Office.' l~ ( _G:j \ ' \ ,~ AND ALSO: The East half of the Northwest Quarter and the East Half of the Southwest . Quarter of Section 7, TownShip 79 North, Range 6 West of the 5th Principal Meridian. ~ AND ALSO: The Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Fractional Northwest Quarter of Section 18, Township 79 Nortr, Range 6 West of the 5th PrinCipal Meridian. EXCEPTING THEREFROM 5.4 Acres of Existing Road Right-of-way conveyed by Fee and Easements of Record and Recorded In Book 698, at Page 328, of the Records of the Johnson c~unty Recorder's Office. ,I ~f~~ ! ' k., , f'i ,I II " ; J .. , " \ 1 l' ;:; 1" " ~t o -/' '..." ~}- ,.-,'., ),"""..,.,..,',......,...,""""",. ,'.'-~ ' " ,,' :"",/'"", '\ ,', """;""0.. ",' ,:, ' ' ",,\.( """, ',I:,'" 'I' , ",',:, ',\\"'. '"I',', l >,> -,'., , '" ".::', ' , ,.- -": '~, ' '"'",,',.,',, I , ' '" '_~.. _ wr1llt' (' $'3~ "'"1''' " l,""i Pi's" :8J] , " ,J, ~""''''', , '. ~;j;,~<fY , , 1 ,'. . I j ..~. ,.. ,,,' ,," ~ ' . Figure No. 7 , i I '..\ ; " ' COST CERTIFICATION I, Richard A. Fosse, City Engineer for the City of Iowa City, Iowa, hereby certify that construction of the Northwest Sanitary Sewer Project has been completed in substantial accordance with the approved plans and specifications. "......J I further certify that the total actual cost of the Northwest Sanitary Sewer Project is $807,646.94, This cost includes $213,220.70 in interest costs. . .'}, ',' '----: ,~-t:{r~ Richard . Fosse, P.E. City Engineer '. i i ......, ~!'i ',",1 ...-~ ' \ ' ; \ )) ~,<:;"'r."~, I, , , ~, ! ,~(~ ~~' "" "~:.':- ,,~'L ~ '_ S3Io ,', ' , i ,1-" ,,' \,:,,:,:;,':,:;:0:\")"'.1':; ,,'- H"';~("HC'-'" ,',"', -.. ,." 'T~'c"-:;l,.,"'O:" ';':', . . .' .~~,. ;,.'." I."~~., ':',".'~: '~r " ", .1 ~,," ',":o:~, ~'_:<~m' , ' ' "",15 <, ,V,; _ __ _ _ ____ ' . ,. "01:':":",,,./; ," ., ,.' ", ',\ ,tim~~ , :,'.'; .. . . , .~.' J~, ..' , "'t'. ':""\(', . , t>- .' , , 0 ., .,' ,,', ;''':,.'\ , . :.....,;, " ;'.; :,1 , ,,_...~-"""--'_.~..- ....--..---.--^-.-----.-".....----.'-- _.-._..,-----. ~\ Figure No. 6 NORTHWEST INTERCEPTOR SEWER SERVICE AREA DESCRIPTION TOTAL SERVICE AREA \ ~ of the South Half of the Southwest Quarter Range 6 West of the 5th Principal Meridian 1 .' ~ I I ., . , ~' , ...~.._~_...._.,--_.----_..:_..~Q..-_...__._-..--- '-.' ection 6, Townshi: cribed as follows: Beginning t a point in the center of the fenced hi way a distance of 787 feet N7'30' of the Southwest Corner of Section 6, ownship 79 North, Rango 5 West of t 5th Principle ~Ieridian; Thence N82'30'E, 1835.2 feet~ Thence S13'26' 919 feet; Thence S85'10'W, 15 2.5 feet to the Southwes. Corner of said ction 6, Thence N7'30'W, 787 eet to the Point of Begin~ ning, all in the 1/4 of said Section 6. ,; ,.\.NO ALSO: ....~.......; ,r'. ...-~:~ \ \ \l >.'~- " o 0 ~ " I Ii ~I . I H I 11/' i I' I I i I ~> II I' 'l . I. .: ! I' , I , I..> \~,:- ' .~ _"'\,-...l . . " The 'llest Ha 1f Fractional Southwest Qua ter of of the 5th Principal ~leri 'an. Northwest Quarter and the West Half of the Section ,Township 79 North, Range 6 West =XCEPTING THEREFROM 25.0 Acr s, more r less acquired for road purposes by condemnation proceedings Reco ded i Book 698, at Page 303 of the Records of the Johnson County Recorder' Of ice. MID ALSO: The Southwest Quarter of the North, Range 7 West of the 5t Quarter of Section 1, .Township 79 Meridian A~iD ALSO: All that Portion of Par of Clear Creek Subdivision as Recorded in Pl at Book 2 , Records of the Johnson County Recorder's Office, cont ined within Sectio .12, Township 79 North, Range 7 'Ilest of the 5th Prin ipa1 Meridian, EXCE TING THEREFROM 6.33 acres of Right-of-way easement, Recorded in Book 597, at Pages 22 through 27 of the Records of the Johns .1 County Recorder's Offic . .' 'O~ ALSO', ,-.dU " ,~1 i of Lot 1 of Charbon's Second Suo ivi s ion, as Recorded i r = 1~: cook 27, Page 30 of the Records of the Jo nson County Recorder's C"fice, contai ed ~Iithin the tlorth',oJest Quarter of th t;orth'.oJ'3st Quarter of Section 12, T nship 79 North, Range 7 West of the 5t Principal Meridian, w~ich is mor particularly described as follows: " the Northwest Corner of Section 12, Townsh 79 North, Range he 5th Principal ~Ieridian; Thence N39'22'30"E, along the tlortr, he tlorth'llest Quarter of said section 12, 397.4 feet, to its ion with the tlortheaster1, Right-of-way Line of the existin: y Road, on the South'llesterl, Line of Lot 1 of Char n's Secon.: Subdiv sion. as Recorded in Plat Book 27, at Page 30, of the Ree ds of the ~':.rln3oon County Recorder's Office, ~Ihich point is the Point of B_ inning; C:'r.1mencing 7 'tiest of Line of ,~C 0 ~. """l'JlV ~~ .],; . , I ~ . .,'0 . I'. I' """.,' , I S3~ .-., .,,,,,,, .... I is "'.'i, D, 5~" ""! , . fO"":;, , I, /. ~:>.~~\:"":'..';r. ~ ~.,I'" ....,: f::~i;\IL,. . ,-..... , . , ' '\ '. , ." ..\ , . " '---: .~,...-- ,.~ . . .....'. :_~~:,~;~~~_'~;i;.~:,~2!C':":=-'-"fi-<,"i;,.~:i~~~,.:.~./.,~' ' . .. .'C .~_._.___,-_____~.-,--':":~___.;._.___,:';'.;.:,_. '.; ,. ",', , .' , Jhence N89'22'30"E, along said North Line, 924.01 feet, to its ntersection W1 h the East Line of said Lot 1; Thence SOO'23'47"E, alo g said East Lin , 929.77 feet, to the Southeast Corner of said Lo 1; Thence N47' 'OO"W, along the Southwesterly Line of said Lot I, 930.30 feet. I Thence N40045'OO"W, along said Southwesterly Line, 379. 1 feet to th~ Point of eginning. Said tract of land contains 10.32 ac es, more 'or less and is suo'ect to easements and restrictions of record. ' AND ALSO: A parcel of lan located in the NW 1/4 SE 1/4 of ection 12, Township 79 North, Range 7 W st of the 5th Principal Merid'an, City of Iowa City, Johnson County, 10 ';; descriped J,", Beginning at. the SW Corn r of the NW 1/4 SE 1 4 of said Section 12; Thence NOO'22'W, 988.0 feet a10 9 the West Line 0 said NW 1/4 SE 1/4; Thence S52'43'E, 885.0 feet; Th nce S47038.5'E, 652.2 ft. to the South Line of ,. said NW 1/4 SE 1/4; Thence S89'24'W, 1179.8 feet along said South Line, to , the Point of Beginning; con aining 13.91 acres, more or less. '., AND ALSO: " . .-.~.- The South half of the Southeast uar, er of Section 12, Township 79 North, Range 7 West of the 9th Principal Iridian. i EXCEPTING THEREFROM 24.1 acres 0 xisting Road Right-of-way conveyed by Fee and Easements of Record and Rec ded in Book 602, at Page 72, of the Records of the Johnson County R corder's Office. AND ALSO: , The East half of the Northw st Quarter an Quarter of Section 7, Town ip 79 North, R ~Ieridian. the East Half of the Southwest ge 6 West of the 5th Principal AND ALSO: d the Northeast Quarter of 'wnship 79 Nort~, Range 6 The Northwest Quarter f the Northeast Quarter a the Fractional Northw st Quarter of Section 18, West of the 5th prin ipal Meridian. EXCEPTING THEREFRO 5.4 Acres of Existing Road Right f-way conveyed by Fee and Easements of ecord, and Recorded in Book 698, at Page 328, ,of the Records of the Jo nson County Recorder's Office. ""'. ;'~r ' .1 ., , I, · i ~ I t 1" : I l\~"":"'.' .\ .,~ . r,. N ,. " ,,1., L "., .,.......... ,,~o- ...~. ,'..'" .... ' .. ~2 ; ;") .... " "'. ,',: :,- ,". '", ':';" :'1 :,,'~,~,~:,:..:, '0:' ~:< .., ,.;(:;" ~,j, -':,: :, .,,,;.:::..2.,,,.,,,,;:. ,',. )~,:<' . ' ..,,~. .".,....,,""~,.,. ,.~. ., , .\< . .\ I"'......,' "'J c;, l{ ~), t .,d"'?""'. '''. ,. ..- :. , ,.,1 "J" , , , I " I I , I,. tl ,. i " I', . 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