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HomeMy WebLinkAbout1994-04-26 Public hearing '-'!':'7:1',' ,,', \ . . ,..,\ ~;..' . ..:.>- " ' '", . """w". , ~ II .' . i · lDt;, I ,,1 (~ \ '1 r,") , I I ~" '" ,p W' ','{; [i r~ , (- i\.,,' _.__~~_~~ "t\ ';:,.', . >':~~\\'1.~: - . , ". " ' - . ".~.. .....-,,-',;"""',=.i'...,:..'..;H"~,,\," ;"~.... .~'a..'...w;.'.~:;"'.:.:.:.;u.~':.~_..:..:-' .. _ NonCE 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 23rd day of November, 1993, in the Civic Center Council Chambers. 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will ~nsider the following items: o An ordinance amending the Zoning Ordinance by conditionally changing the use regulations of an approximate 7.86 acre tract of land located at 2312 Muscatine Avenue (Towncrest Mobile Home Court) from RFBH, Factory Built Housing Residential, to CC-2, Community Commercial. 2. An ordinance amending the Zoning Ordinance by changing the requirements for hard-surfaced driveways that are accessed via an unpaved alley. Copies of the proposed ordinances are on lile 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 ppdldminlt<ll.23_ '~'. ': , . ~J ~~ Yf f 114 .---- ~di;,w.eL -& If~;;. /91 - ~1; i/'J.t./11 ~~ f/;~ .': ' ,.. :" '. , ' t' n\ \:;}" qfB .ill....."j'.S..,,' "';:"tJ'" , ,I, .,,'._..,1,.' "; .- ,- , r ~_~ ,',' ",-,'; j"""'"''''''"Y''''''''''''''''''''''''' . " ,', ',.: t':>,;,:,:,::).!~,"i" ".".'\,-"'-'" ':'" " ":.\~" "/: ,,()":',.;''/ ,,;\ '.' '. ' . . ':.. , "... ,.;' $5a' '\, ' .." ".~~... .,( ~-.\ \\ \1 , I ~~ I I I I i: ; , I i I I : ~. i II, , Ii J \ I ~L/ , ;;.1 : ~ .. ~/,~' ; ".Vftl :;:II!/Jili"Ii', (1c'f".'" .' "7/(,,' ..~ --'" .('" .-' ,. 0 ,~ .' " I "' . "f -' ", \\~, ", ",.1 ~ '. ,.. . '. ,.,._~,--,,::~._;=;:','.:,.~._,., .. ,...', 0'.,' :;_::\.~>...~. ~..;::.';"',....~,-._.;....,.~,._,...._,..~.__,__, R"r"I\!"n ; I'R - l' --~~j-_.' -.---.1 "" r Eagle Food Centers /',0, Box 6700, /lock Island, Illinois 61204,6700/Execulive Offices & Distribution emter: W, 67 & Knoxville /load, Milan, Illinois 61260/ Tefe/iilone: 309,787-7700/Flix: 309,787-7895 April 8, 1994 RE: First Muscatine Corp REZ93-0010 - First and Muscatine Avenues Susan Horowitz, Mayor Iowa city Council Members City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 Honorable Mayor and Council Members: As you may be aware, Mr. Gerald Barber has resigned as President g of Eagle Food Centers. I was with the Company for 35 years until m retirement in 1990, having served as President from 1985 to 1990. D I have spent the last several days becoming reacclimated to the U operations of the Company, including this proj'ect. ~ As a result of many discussions with your Staff, City Administrator and the Towncrest Ownership we collectively ask that the current conditional zoning agreement be amended as contained in the last proposal from Eagle dated April 8th with the following additions. As the park will not be vacated within 180 days as was originally envisioned, additional rental will be generated. By agreement with the Ownership of Towncrest, $30,000 will be made available to the City. This will be applied to your requested impact fee. In addition, Eagle currently owns or will in the future own 885 ft. of frontage along First Avenue. The intersection improvement requires an additional 7.5 ft. of right of way. A check of the public records will reveal that the Car Wash and Quick Shop properties were last transferred at $11.85 and $11.00 per sq. ft. of land respectively. Multiplying 7.5 ft of right of way times 885 front ft. times $11.50 per sq.ft of land equals $76,331. This is an amount the City could expect to pay if they had to acquire right of way. The owner of the corner property was approached regarding the sale of the property. The asking price was $1,000,000. As part of the intersection improvement, it has been suggested that it would he desirable to eliminate the First Avenue access to the corner properties. This can only be accomplished by agreement with the adjacent property. Eagle has 'fB - '~-__.,- . R r- ,~ - .._.,-;....'"....,...".",'.,,',.'.-',-,', .-, . , ' n, '. ",)\ .'.. loi, , '-"<1 i:" . \ ': ';.: ~: ,.,;,"; 'I '0'" . , " . t. J':.) ',; " w ~- .' 0 ',;,.:.',., . 'i-~ .-i - " 'i ~ (7 r) "~,I , I ! I I i k Ill:, ! I ll) "'C"~:;,",'" ?;~ "I ,~~\~~'" L_"':< ,Co ., " " ' " .,. . ,"'.' : ':~t, '! I , '. ',\,~ ,'.. ,,~, , "' " " " , , "..', ......, ,;."". '. ,.. , " ." t', ,',' "'" . . --,-.~~,-.,_.._-"...', . ,.~."~,._", I...,~".~::.\,~'"...,'~~.~'''~,'';~.....".. '......;:..;~__'....(.,..__ " .".. ....,__. ~u'_~~_"'____'_'H____ ......:._ A_.:....~.,'_<._, , i I been willing all along to cooperate in providing access to these properties when they are redeveloped. Lacking this project the City is likely to endure significant legal costs as well as compensation in acquiring this property and access agreement. Combining the benefits of the two preceding paragraphs results in a true contribution to the City of Iowa City of in excess of $100,000. " We remain confident the appropriate agreements can be made with the Mobile Home Park Ownership that will allow this to be possible. We ask that you approve the revised conditional zoning agreement that is before you. ,.. ,I Pa quale V. Petitti, President Eagle Food Centers, Inc. PVP:r1b cc: Monica Moen, City of Iowa City Rockne Brosman, Oakridge Properties, Ltd. Philip A. Leff, Leff Haupert & Traw Dee Runnels, Snyder & Schwarz Jean Bartley, Bartley Law Offices Larry Sharp, Byers & Happel I '-..'" I , ,gB I , ..' ',' ,).'i ,'\ '., ,,' 0' ',";",,;i 0" ,,',. '. ,', \' -,.' ~" ',.., , " ~q.", '! ".~' - or- m:2&~ ( , , .,,~ \ \ " 1 A r'~}'" . I I t;; , <, N, , , I , , ~~ ( ,( ~.', :1.~", t:l, L... , ' \ ;' I "' . :, ' . ,t., ~ ~.. \ ~" . .,'. "',',.".-'". , .. 141002 04/22/94 11:27 ~309 787 7284 EAGLE FOODS ENG. Eagle Food Centers , RDck Island, minoir 6121J4.67OD/E:acutilJ8 OfflUS & DirtrihuJion Center: RI. 67 & ilte Rand, Milan, 1/JinoiJ 61264 T,I4pIuml: JIJ9.787.77(}()/Fax: J1J9.787-7895 RE: Fir t Muscatine Corp REZ93- 010 - First and Musc ine Avenues Susan Horowitz, Ma r Iowa City Council Me bers City of Iowa City 410 East Washington St eet Iowa City, IA 52240-1 6 As you may be aware, Mr. aId Barber has resigned as President of Eagle Food Centers. I with the Company for 35 years until retirement in 1990, havin s ved as President from 1985 to 1990. I have spent the last sev ral ays becoming reacclimated to the operations of the compan , inc ding this project. As a result of many di cussions ith your staff, City Administrator and the owncrest 0 ership we collectively ask that the current con tional zonln agreement be wnended as contained in the las proposal from Eagle dated April 8th with the following addit ons. As the park will t be vacated within 180 days as was originally envisioned, addit onal rental will be nerated. By agreement with the Ownersh p of Towncrest, $30,00 will be made available to the City. T is will be applied to yo requested impact fee. In addition, E gle currently owns or will the future own 885 ft. of fronta e along First Avenue. The in ersection improvement requires an ditional 7.5 ft. of right of w y. A check of the public recor s will reveal that the Car Wash nd Quick Shop properties ere last transferred at $11.85 and $11.00 per sq. ft. of land res ectively. Multiplying 7.5 ft of ri ht of way times 885 front t. times $11.50 per sq.ft of land equ Is $76,331. This is an amount the City could expect to pay if they had to acquire r'qht of way. The owner of the corner pro rty was approache regarding the sale of the property. The sklnq price was $1,0 0,000. As part of the intersection improve nt, it has been sug ested that it would be desirable to eliminate the First Avenue a cess to the corner properties. This can only ~ accompli hed by agreement with the adjacent property. Ea~~as ,.' . r ' o "'. ~aa l j5~O, ;t~~-_..~~__ .. ~ '~ --~ ~v-=- r ,0.'.). '.." ;' ~ ',\ ,/' .k (-', \ ~ ; I i I f~ . I I, I ~:. , I l ~J ~, , :,~,"',I':~,':' ill' 'il \!,.\,tJ iJI~, L.. ,C. 0 :\ ., "' . , . ~t; -,"1' " '. , . ';., ,:'.:' , ". . ..."...---'-',,'.,. ._.....~;...:...,." ",~. ~---"'. ,.._._~_... '. ' , ,.._.___,_,....."..k'.' ".',..o"'~.""._'M"-,., 04/22/94 11:28 ~309 787 7284 EAGLE FOODS ENG. been willin all along to cooperate in providing a ess to these properties en they are redeveloped. Lacking th project the City is likel to endure significant legal costs as well-as compensation i acquiring this property and ac ss agreement. Combining the be efits of the two preceding aragraphs results in a true contributl n to the City of Iowa Cit of In excess of $100,000. We remain confident the appropriate agr ements can be made with the Mobile Home Park wnership that wi 1 allow this to be ' possible. We ask that you approve the revised conditional zoning agreement that is before you. ,. Pa quale V. Petitti, presid Eagle Food Centers, Inc. PVP:rlb cc: Monica Moen, City of Iowa City Rockne Sroeman, akridge Prope Philip A. Leff, Leff Haupert & Dee Runnels, S yder & Schwarz Jean Bartley, artley Law Offices Larry Sharp, yers'& Happel Ltd. , ..,' " . . 1! .. 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Q eo ~ 'M. ~ ~ o'^- ~ ~ "'^' \JJb . \ "\ \k.'i el \). \~ ~4..~'O-~'^\'6 \.-D~ ~\J- ~~ w\.& ~~~ ~0~~ '-- 'J'.~~ \:;~ ~ \l0\~ '6 \.\~~ ~'L ~<e . \ II\. . ,~<t V\.<e..~~ ~IJJR \-"L\~ ~.()_ \\.~\<-\~'rJ~~ ~ \Z\V~~ ~o~ ~~ \~~ ~ Q.o~\~~~'\C1V\. ~~ ,^,-~0.~ ~~e~ ! ~ ~ ~ 'Nw...~~ ~ "'-~ l\ v"t. \ b c.. ::C-ow~ ~'~~;.:c:~ " 5~l{.Q ~,'S. ~~ V\~~ \ ~~ vV:J ~'^'<t. \ \ c.. ~ ~ "R.~~~ ~ ~':c..\\\~'~~Lt -~b\~ ~~ \ct..~\J~ ~~. ! '\)'^~ \~ W\~~~ ~'\V't(J~v~\~\ ! \b u.,~ \.~~~, <2..\j~'~ S,~\~ """~ ~~~ I ~~ ~ '\e9:. \1\. Ic:f ~~~~~ \,\V14 ~f~~ ~ ~~~ ~\-~ ;i.\~l.av\'s' ~ \JJ\~"" \e.l.lJ'l\G~~~:~~\'~\~ ~~ c.~~",^ \~\ ' ~\'~ ~U1~ ~'\J~\~~. ~ w~ u.~~ ~ ~ '1\1:.2-.::\ ~u.lR- ~~~, -" -_: . ' :~,,' 0 . ,.. )\,.,,':-,~',;"'" ,.".~:"" ..:,.~"'.. o " ! ., '. , , tSffl:'1 '~r;.\t,> .\ . .. ~ ,.' . . ;.' ' ;Vi,j ~I f&.f:b.1 ~CI CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corpora- tion (hereinafter "City"), Towncrest Mobile Home Court and Sales Co. Inc. (hereinaftEjr "Owner") and First Muscatine Properties Inc. (hereinafter "Applicant"). WHEREAS, the Applicant has contracted to purchase the property located at 2312 Muscatine Avenue, Iowa City, Iowa; and WHEREAS, Applicant, as contract purchaser and Owner, as legal title holder, have requested the City to rezone the 7.86 acres of land located at 2312 Muscatine Avenue, Iowa City, Iowa, from RFBH, Residential Factory Built Housing, to CC-2, Community Commercial; and WHEREAS, Iowa Code ~ 414.5 (1993) provides that the City of Iowa City may impose reasonable conditions on granting the rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure appropriate commercial development adjacent to residential neighborhoods in Iowa City and ensure adequate traffic circulation. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Towncrest Mobile Home Court is the owner and legal title holder of the property located at 2312 Muscatine Avenue, Iowa City, Iowa, legally described as follows: o " Commencing at a point 3.52 chains East of the southwest corner of the NW 1/4 of Sec. 13, Twp. 79 N., R. 6 West of the 5th P.M. thence east 269.2 feet, thence north parallel with the west line of said Section 1321 feet, thence northwesterly 269.8 feet to a point 1352 feet due north of the beginning, thence south 1352 feet to the plaoe of beginning, oontaining 8.26 aores, more or less, except commencing 1081 feet north of a point 3.52 ohains east of the southwest corner of the said NW 1/4 of Section 13, thence north easterly to a point in the north line of the tract above desoribed, that is 19-1/2 feet easterly from the northwest corner of said tract, thence northwesterly 19-1/2 feet to a point that is 271 feet due north of point of beginning, thence south to point of beginning, subject to the public highway off the south end thereof. The East 12 .feet of the South 418 feet of the following described property: Beginning at a point on the West line of the NW 1/4 of Sec. 13, Twp. 79 N. R. 6 West of the 5th P.M. said point being on the South line of the right of way of the Chicago, Rook Island and Pacific Railway, thenoe South 28.49 chains to the oenter of the Bloomington Road; thence East along said center of said road 3.52 chains; thence North 28.49 chains to the South line of the right of way of the Chicago Rock Island and Pacific Railway; thence west along said right of way 3.52 chains to the place of beginning. EXCEPTING THEREFROM THE FOllOWING: Beginning at a point 33.0' North and 232.32' East of the Southwest corner of the Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 100' along said right of way; thence North 0056' East 100'; thence West 100'; thence South 0056' West 100' to the point of beginning; together with an easement for ingress and egress over the following described property. , '0\ \ " \ .,/'\1 ".../... I I ,. 'I' , " I' 0,'~~:- .1J ;{,,'~; ~\~Q" I"f. 'I" ,.. ,g, t-a~'~=~~~"~~'~ _ .. ._--.~':. ~ - 0,) I i5 , ~[l m~tiri' " ,i I " '~t, I '\'" . ,'.. "' . ,'~, , ....., . ~, .l',:'_~", , ".....,_.:, ..- - 2 - Beginning at a point 33' North and 332.32' East of the Southwest corner of Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 30'; thence North 0056' East 130'; thence West 80'; thence South 0056' West 3D' to the North line of the above described property; thence East 50' to the NE corner of the above desoribed property; thence South 0056' West to the point of beginning. 2. Applicant is contract purchaser and equitable title holder of the property. 3. Applicant and Owner acknowledge that the City wishes to ensure appropriate com- mercial development adjacent to residential neighborhoods and adequate traffic circulation, and therefore, agree to certain conditions over and above City regulations to lessen the impact of the commeroial development on the area. 4. In consideration of the City's rezoning the subject property from RFBH, Residential Factory Built Housing, to CC-2, Community Commercial, the Applicant and Owner agree that development and use of the subject property will oonform to the re- quirements of the CC-2 Zone, as well as the following additional conditions: a. Applicant and Owner will grant access easements across the subject property to owners of the James and Hansen properties to provide acoess to First and Muscatine Avenues. b. The Applicant will relocate the curb cut and driveway on Muscatine Avenue to align with Wade Street, if and when the James property to the west redevel- ops. c. Applicant and Owner will dedicate an additional 7 1 \2 feet of right-of-way for First Avenue and additional 7 feet of right-of-way for Muscatine Avenue. .r '-', [ ,\ , \ \ ~ ., r I ! I , , . I ; I i ~~ It ' ~ :/.) , '1. d. The Direotor of Planning and Community Development must approve a concept plan, including building elevation drawings and a landsoaping plan prior to site development. The conoept plan shall include provisions for landscape buffers between the proposed development and the existing residential development to the north and east of the subject property. e. Applicant and Owner will establish a pedestrian access easement adjacent to Ralston Creel<. The parties shall determine the location of the pedestrian ac- cess area at the time of concept plan approval. f. The Applicant and Owner shall relocate the existing storm sewer line looated under this property so that it does not conflict with any proposed structures. Applicant and Owner shall grant an easement over the relooated line. 5. The Parties acknowledge that the Applicant has agreed to provide $ , for the cost of upgrading the intersection of First and Muscatine. The Parties further acknowledge that this fee is based on an estimate of the projected traffic stream that will be generated by the proposed commercial development on the subject property. This fee will be paid at such time that the City awards a contract for the First and Muscatine Avenue intersection improvements. .- ,:C~~~___ - __, .. - - -~ 0..,)' """' ,.., ,"', , ,., -,". . ., ,.. . o ~Ba I.JS \ 10. ... ..,. '., , .- I, a"iri ',! \'j' ',~t'\,'. . ", ,\ r,~, , ,~, "' '. ,'_i , ", . . ..,' ".....".,",..~'.-.._-, ,"-,~' ~-""-""" "._-,--, ... - 3 - . 6. The parties acknowledge that the Applicant has agreed to provide up to $150,000 for relocation assistance for the current residents of the T owncrest Mobile Home Park. This assistance will be paid consistent with the estimated relocation costs set forth in Exhibit A attaohed hereto and incorporated by this reference. Funds for this assistance will be paid to the City of Iowa City, Iowa, when the rezoning takes effect. 7. Applicant and Owner acknowledge that the oonditions contained herein are reason- able conditions to impose on the land under Iowa Code ~ 414.5 (1993), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 8. Applicant and Owner acknowledge that in the event the subject property is trans- ferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 9. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effeot as a covenant running with the title to the land unless or until released of reoord by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 10. The Applicant and Owner acknowledge that nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. 11. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. \' 12. This Conditional Zoning Agreement is conditioned upon Applicant acquiring legal title to the subject property within _ days of publioation of the Ordinance rezoning the subject property. In the event Applicant does not acquire title to the subject property within said time, this Agreement shall terminate and be of no further force and effect; the Applicant and Owner shall have no obligations and liabilities hereunder; and further, the rezoning of the subject property shall be of no force and effect. t! , ! Dated this day of ,1994. CITY OF IOWA CITY, IOWA I i \ ~ By: Susan M. Horowitz, Mayor ~1 J~ By: Marian K. Karr, City Clerk r- , :, 0 " ~, ~ ~ '::_'~'} ,.,....,,,..,," '~O, ,.",,' . i)".,' . , , "h_" ';,''/.''', ' --..:..._,-~--,--, '81 ,.", ~..;. ;',,,'..... ,." '''^ . ,.. . CD . , " \ ' 15" "I",'''' !i 0, '... ,', .'." :?~~rn ,"~ -~ , r ,\ -:.~ , , \ '\ , ' \\ , i,b': r'~'--, 1 III I" I i I l; , ; I ,'I' il: , Ii , I ! ~' I , I,'. : I ' ! : i I ,i II , t ,." , ,:,., ' i'f " 1it(!tM.',i'.. :"t\>I'I~' .'-_,1""'. '- "',' ~'.. " _.."\..~ (' -- , ~, ---~ . ~ t :, Ii, . .' , , '. . .:.' , '. - 4. OWNER By: Towncrest Mobile Home Court and Sales Co. Inc. APPLICANT By: First Muscatine Properties Inc. Approved by: City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this _ day'of ,1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that he\she is the , of the oorporation executing the within and foregoing instrument, that no seal has been procured by the corporation;. that said instrument was signed on behalf of the oorporation by authority of its Board of Directors; and that as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him\her voluntarily executed. Notary Public in and for the State of Iowa STATE OF ) ) ss: . ) COUNTY On this _ day of , 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that he\she is the , of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that as officer acknowledged the exeoution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him\her voluntarily executed. Notary Publio in and for the State of Iowa . '88 -- ~--- '~ ~J =- ,.. I :\ " I ~ ~ i ~ I 1'" 0; ....,. ,~"..',. " _ii'. . . >,~" ", I" "" (' y1. ! f , I I, , I I I Ii II \,1 ".:s ,.1 , ~; '!'!J (II ,. p; ,r'o ~. J:: .,' ,~,: . ':,-; :~. ' :':~'~~':"\\~ ,:,'.. " ;', , ", " , " ....'.... " " ,"' , . . .~.-,. , . :, ...._; ~ _,.,.......;....,'''.a...;.!.U; ~":"I':'.:.i ..~.~J.:,;~., .~~ ,"',\l..~'.~...""~'./.-~,~ ....>-'0:..' ''''''~'....... '",'~',"__,.~,... .........,;_ ~ _ , , _.....~.._-'.:.....;,---~ " - 5 - STATE OF IOWA ) I ss: JOHNSON COUNTY ) On this day of " 1994, before me, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinanoe No. passed by the City Council on the day of , 1994, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ',;, Notary Public in and for the State of Iowa ppd,dmlnltowncrA,CI. ,./ ,,':.0 '; - .~--~ '13 j."."'""""''''''''''.''''....."~,.''''''''''.,,.,.....'I.., ' ""'I"""':' ", ''''"'''':'-'''''''.{i'::<;'' ..:~\'~' ."."....-, ~."'\";",..;.-.'.:~~::,;:',' ,',-". _O,':J' ,0", " '}5',' ~' -'. :"l~'- ,:"",y:;: ':" . '. ",~''''I ':":," .""":''',r.;'::,'' ~~r - "',. '"~',, ..',' '.. , "" ' , ',..,','" ,'.. . ,"', -~~ ~u , , r . ;.I~ i \ a i ,- I , , I j , \l, "~ :!~" .''',1 ('r' l.. "8 ~ ,.., ~IS ' ~!J " I "' . ",. 'l\\!" \ '. . RAFT BASED ON STAFF'S RECOMMENDATIONS AND APPLICANT'S OFFER GARDING RELOCATION ASSISTANCE AND INTERSECTION IMPROVEMENTS CONDITIONAL ZONING AGREEMENT THIS AGREEMENT' made by and between the City of Iowa City, Iowa, a Municipal Corpora- tion (hereinafter "Cit "l, Towncrest Mobile Home Court and Sales Co. Inc. (hereinafter "Owner") and First Mus atine Properties Inc. (hereinafter "Applicant"l. WHEREAS, the Applicant s contracted to purchase the property located at 2312 Muscatine Avenue, Iowa City, Iowa; a ( WHEREAS, Applicant, as cont ct purchaser and Owner, as legal title holder, have reques.te the City to rezone the 7.86 acre f land located at 2312 Muscatine Avenue, Iowa City, owa, from RFBH, Residential Factory B ilt Housing, to CC-2, Community Commercial; a WHEREAS, Iowa Code ~ 414.5 ( 931 provides that the City of Iowa City ay impose reasonable conditions on granting the ezoning request, over and above exi 'ng regulations, to satisfy public needs directly caused y the requested change; and WHEREAS, Owner acknowledges that c rtain conditions and restric . ns are reasonable to ensure appropriate commercial developme adjacent to residential ghborhoods in Iowa City and ensure adequate traffic circulation. NOW, THEREFORE, in consideration of the utual promise contained herein, the Parties agree as follows: 1. T owncrest Mobile Home Court is the owner nd Ie title holder of the property located at 2312 Muscatine Avenue, Iowa City, low Ie lIy described as follows: Commencing at a point 3.52 chains East the southwest corner of the NW 1/4 of Sec. 13, Twp. 79 N., R. 6 West of the 5t . ,thence east 269.2 feet, thence north parallel with the west line of said Secti 1321 eet, thence northwesterly 269.8 feet to a point 1352 feet due north of the eginnin9, t nce south 1352 feet to the place of beginning, containing 8.26 acres, ore or less, exc pt commencing 1081 feet north of a point 3.52 chains east of the outhwest corner 0 the said NW 1/2 of Section 13, thence north easterly to a poi in the north line of the ract above described, that is 19- 1/2 feet easterly from the n rthwest corner of said tra t, thence northwesterly 19-1/2 feet to a point that is 271 eet due north of point of begi ning, thence south to point of beginning, subject to th public highway off the south an thereof. The East 12 fee of the South 418 feet of the fo owing described property: Beginning at a point n the West line of the NW 1/2 of Sec. j 3, Twp. 79 N. R. 6 West of the 5th P.M. sai point being on the South line of the rigli of way of the Chicago, Rock Island and acific Railway, thence South 28.49 chai to the center of the Bloomington Roa ; thence East along said center of said road 3. chains; thence North 28.49 chains to he South line of the right of way of the Chicago R ck Island and Pacifio Railway; thenc west along said right of way 3.52 chains to the p ce of beginning. EXCEPTIN THEREFROM THE FOllOWING: Beginni g at a point 33.0' North and 232.32' East of the South st corner of the Northwest uarter of Section 13, Township 79 North, Range 6 West the 5th P.M., thence Ea t 100' along said right of way; thence North 0056' East 100 thence West 1 DO'; th nce South 0056' West 1 DO' to the point of beginning; toge er with an easeme t for ingress and egress over the following described property. B ginning at a point 33' North and 332.32' East of the Southwest orner of Nort est Quarter of Section 13, Township 79 North, Range 6 West of the 5t P.M., thence East 3D'; thence North 0056' East 130'; thence West 80'; thence South 056' West 3D' to the North line of the above described property; thence East 50' to the E corner of the above described property; thence South 0056' West to the point 0 ' beginning. 'C--~' ~'"'-- ~- ~~ '-r = ~ ,- - ~) , . 0, .'" ' ,.. . r ;'1' r ~ '~'" I< ,. ~J rn W ..() ~1 ~~ H ~~ f:!~. ~(\ " r:; 1~ hi "Ji f~ ri; I" {1 I ~ l i~i::l , [ \ ,,'"':~ , , \ \ ,~ !'.~~ : r I i.: j I l'r' ~ I~'. : i , I "l ~J ,\~(" 'A',' .,\i;, ,~; .!,r.l!l 'r- '-- .lr--- 0 - :L_ ;' , "' . ';~; t ,I" '.' ~ ,.' . . .::" r - 2 ' 2. Applicant is contract purchaser and equitable title holder of th property. 3. Applicant and 0 ner acknowledge that the City wishes to ens e appropriate commercial development adj cent to residential neighborhoods and ade uate traffic circulation, and therefore, agree certain conditions over and above ty regulations to lessen the impact of the com ercial development on the area. 3. In consideration of e City's rezoning the subject roperty from RFBH, Residential Factory Built Housing, to CC-2, Community Commer ai, the Applicant and Owner agree that development and u e of the subject property w' conform to the requirements of the CC-2 Zone, as well as t e following additional co ditions: a. Applicant and Owne will grant access ea ments across the subject property to owners of the James nd Hansen proper' es to provide access to First and Musc- atine Avenues. b. The applicant will reloca the curb cut nd driveway on Muscatine Avenue to align with Wade Street, if and hen the J mes property to the west redevelops. c. Applicant and Owner will dicate additional 7 1 \2 feet of right-of-way for First Avenue and additional 7 fe t of ri t-of-way for Muscatine Avenue. d. The Director of Planning and om unity Development must approve a concept plan, including building elevation d a ings and a landscaping plan prior to site devel- opment. The concept plan sh I include provisions for landscape buffers between the proposed development an t e existing residential development to the north and east of the subject property e. Applicant and Owner wil estab'sh a pedestrian access easement adjacent to Ralston Creek. The part' s shall termine the location of the pedestrian access area at the time of conc pt plan ap roval. f. The Applicant and Ower shall reloca e the existing storm sewer line located under this property so that i does not conf 'ct with any proposed structures. Applicant and Owner shall gra t an easement ov r the relocated line. 4. The Parties acknowledg that the Applicant as agreed to provide $ for the cost of upgrad' g the intersection of First and Muscatine. The Parties further acknowledge that this ee is based on an estim te of the projected traffic stream that will be generated by the p. oposed commercial devel ment on the subject property. This fee will be paid at suc time that the City awards contract for the First and Muscatine Avenue intersectio improvements. 5. The parties ac owledge that the Applicant has agreed to provide up to $ for relocation assistance for the current residents of the Towncrest Mobile Home P rk. This assistance will be paid acc rding to the schedule set forth in Exhibit A atta ed hereto and incorporated by this re rence. Funds for this assistance will be paid en the rezoning takes effect. 6. Applicant a Owner acknowledge that the conditions ontained herein are reasonable conditions impose on the land under Iowa Code ~ 414. (1993), and that said condi- tions satis y public needs which are directly caused by th requested zoning change. 7. Applican and Owner acknowledge that in the event the su 'ect property is transferred, sold, re eveloped, or subdivided, all redevelopment will con rm with the terms of this Agree ent. 8. The Parties acknowledge that this Agreement shall be deemed be a covenant running with the land and with title to the land, and shall remain in fu force and effeot as a covenant running with the title to the land unless or until released f record by the City. The Parties further acknowledge that this Agreement shall inure to tli benefit of and bind all successors, representatives and assigns of the Parties. 9. The Applicant and Owner aoknowledge that nothing in this Agreement s all be construed to relieve the Applicant from complying with all applicable local, sta e and federal regulations. [ ~ ~ ~ 1@ ~ "~' ~, I', ~. ~ Ii r r .. 'V8 ~ ---- -- - ')" 0:. ".." ~. s I tL . "'.,, , , , , :J~&.l' '" , " "," /--.,... , .\ (-'\ \\ . \ , ~~ .';, '. '~i-\ .v. I, \ 1;; IJ . I' I') . , i I i/ I) I, II i I . I .! I i ~'.I' :: II II d. ,l" ' ",\,.;..- ."~.,..._j' 'l. " :'i~'~, "', "r' i,c.IM. ", !f.jim", --.....- {C~ 0 .' ;"\ ., . "~t~i'l.. " . "' . ',' " , ",; , " . _...~ ,--,,' .'..', ,'.."" .., ,.~.,,, -.".. . ,-,-, .. .'...',''- ,'~. ,;._...J.".,; " ,_.. - 3- 10, Th, p"", "'" 'hot 'h', C,"",;,,,, Zoo'og "",m,"' 'h2, '""",''"'" hy reference int the Ordinance rezoning the subject property; an hat upon adoption and publication of he Ordinance, this Agreement shall be record d in the Johnson County Recorder's Offi e. Dated this d of , 1994. By: By: Marian K. Karr, City Clerk By: Towncrest Mobile Home Court and Sales Co. Inc. By: First and Muscatine Properties c. Approved by: STATE OF IOWA I I ss: JOHNSON COUNTY I On this day of , 1994, before m , the undersigned, a Notary Public in and for the S ate of Iowa, personally appeared , to me personally known who being by me duly sworn did say that e\she is the , of the corporation e ecuting the within and foregoing instrumen that no seal has been procured by the ~or oration; that said instrument was signed on beh If of the corporation by authority of its Boa d of Directors; and that as offioer acknowledged the execution of th foregoing instrument to be the voluntary act and de d of the oorporation, by it and by him\ er voluntarily executed. Notary Public in and for the State of Iowa --."- ,).., ,'0 <. '.... , "." "":'~"/ ".'..'" ,.. , '88 [". I~' ,,", r I I I I, 0, .,~.m, ' , '",'i" ~ llililm '. " ' "",:,,,C. , .'. ,": I .. -" ( \ ~ , ! I i ~ I, II '~ , t~~ ..,\ t~ ,~1 '(;1' , :c~ '1, . -- .' , ~ . ('\ ,,;,', .. "'t' ,..\\'1; , ':,'1', ,'", . .....,,', . , ,,',,' , . , ' . ___~.,~,__"","",~',"",'"~'.: '~:J ":_~:,<:-',,~;';.,, :::~'~.~'.:U':;',i',.'~'''::;;'~..;:~L'I.':;.;:..:~';' ;',;':~;. .;',:_; '. '...,., .,-:; ,', , - 4- STATE OF IOWA JOHNSON COUNT , :' ;.,,';,;;~ ~~"~..:. :;:,.~,...~~..t:.- r:...; ;,-",~,..', :,';. ' " On this day of , 1994, befo e me, the undersigned, a Notary Public in and for the St e of Iowa, personally appeared , to me personally known, w 0 being by me duly sworn di say that he\she is the of the corporation execu 'ng the within and forego' g instrument, that no seal has been procured by the corporatio . that said instrument w s signed on behalf of the corporation by authority of its Board of Dir tors; and that as officer acknowledged the execution of the foregoin instrument to be t voluntary act and deed of the corporation, by it and by him\her voluntaril executed. STATE OF IOWA I I ss: JOHNSON COUNTY I On this day of , 1994, before me, , Notar Public in and for the State of Iowa, personally appeared Susan M. Horowitz an Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that hey are the ayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the s I affixed to th foregoing instrument is the oorporate seal of the corporation, and that the' strument was si ned and sealed on behalf of the corporation, by authority of its City Cou cil, as contained in Ordinanoe No. passed by the City Council on the day of , 1994, and that Susan M. Horowitz and Marian K. arr acknowledged the xecution of the instrument to be their voluntary act and deed nd the voluntary act and ed of the corporation, by it voluntarily executed. Notary Publio in nd for the State of Iowa ppdndmln\towncrA,czo 1'L - , , ,tr ,--' - ~ . ,~,,,,,,,,:.,:,, .,o,d~i:,:::> ~, {:,,~r::;r,,-_'1T:'\'::' ;' , :15 " ,.. . ,-..,. . . ",..,1 . .." , ,'(1 lj\ \:;J ! " ':"1 "".:,' '0' , , "::,,' '."".;(",..:;'i', -- - .', ~:_~,' , .;' , ~~: j,. . , , '. ,.,... , , , . "'-":p'-"'" ,',~h.'(:, "-- ,,\,. " ',,,,... " .' . " , " . ~ ~ I ,.' ;' ( . . ," ,~ , :_1,..... ,,".,~'.,, _..,__'...'._ ':0-....,.,.._'. ,.;~"....",...:......-"':l~"':':~.~... ,,_ " , , '-'-' .~~--, I. " [' .' ,~' c-'~ \ l ' ,;~ /1"\ hJ , \,1 \. :" . '; ~~ "I, I I I ~: I" l ! I: , j , \~...~ \, C" " 0 ' . ','/ ' ." _.~. ,;.::r,' ' " ,ij The applicant has agreed to provide relocation assistance to the cu ent tenants of the Towncrest Mobile ome Court. This assistance shall be used for m ving expenses and to secure alternative ho sing units. It will be administered by Communi Development Division of the Iowa City Dep rtment of Planning and Community Develo ment. Payments will be based on the following schedule: , i $1500 per household. Tenants who reloca e owner occupied units $2500 per household. Tenants who own 12 wide or larger owner occupied units who do ot relocate their uni $4000 per household. $3000 per household. The applicant shall receive title and alvag rights for all owner occupied units which are not relocated if relocation assistance is id the owner of such units. / - . , : '88 .'.,' 0....' 'J' , ,.,.~:TO;-~"~:,:~,.~\"'''~'''''':'''':,...''':;:,:;',:;I,~?:5;'::\.. "'S':'!, .:,',',..,), ',',",' ," , , . ' ,',' ( : ': ': ',' ,:~,..... ",,:~;: .' " . :'-;',,'., ',' , ", ',' , .- , : " . I,', ~ -;' I' ", - ." :~':~, :,'.'. . ~' .- ..-.~' " '\ t " ,/ . ',. , i I ; .1 ; ...'_. r,; ..;\ '; (~1' \\ /..,(-\ fl, I I f~ ~,.l,_'i, ~;r ~'....'''' J;: ,~l i~ ' ;JA ';' , ["'I . " . , -...... (," , ',. ;~, . li,".:": '-.,' " ':",1 wj , " , , , ,':'~.., . . o '., "' " .".'.'..'.. ",',.-", . ..~.:t \ ' . " ,,\1,',," ", 00,."'. "I". ;~. . , .' ,:., .-".. '. ;;_..:..:___.~~...~........._.........,~,;j,;;<".'il..',",,:~..,::,,";i:.-'<,:", .;".. ,:__-','."'-;.""""",~..__'-".~;., ."\,.>.""..",, "-"~'''''',\' .~,...:,;.....-_,...;...~_~..:. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of the City of Iowa City, at 7:30 PM on the 12th day of April, 1994, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider an Ordinance amending the Zoning Ordinance to revise Sections 36-20.5 and 36-58, Central Business Support (CB-5) Zone parking requirements. Copies of the proposed ordinance are 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 ~ -tlJ ~t \ppdadmin\cc4- t 2.nph "s _: ,i. J"'''"'''''- ". ''''g., ".., "'" ......., .,'. r T...".r.,"'...,..._"~.. , " ' ',,' ';, .":' :. _. ":.:,~ >,',.', , ' ,:,',.':;"(', _ .~~<,:':,l..';'(:: ~::: .' ,~ ,\ " . ',' ."'" :':~... ': "I" -:, ' , . V ':': .':.',.", , . .~.,' 0" ,\ .." .,., /5," '~'::'".~'L_~''/'\''' \'; .-.,.....'. ,.',:,.':~:.\O: '" -. " " , '~' ...., ',,':- I ,.. I I i ,.... :,'. ',1'..'",-'" .. '. rl': :,LJl --';;:"::"),' m..'.il1( ,. ,I ' ....,.,>;..~' i C'" (~\' , I ,~' '>Jf"\' I:. , '\'1 1" ! 'I i ~ I,; I f\ H l b ~, , [: . ",'1 ',' ' ~,l~,_"""".;;,.,;i I~' , :~ ' ~ :. ,\ , o _.-.'\.....;;. ., ':,':~ . ":'; '.. .:"\ \\'i,~.. >".,-,".. ..'" .. ..".:,"...",: , ' .,' " '"," ,', .".' '. , :;"R _._,_R, _ .'. ,~_,,_,,:"'_ ,.~,~, .......~..o... ~~. ;'"1,,_,.:,,. ..j,:;;..-..:.......,,;~~. <'1, : ,.:. {,.[,,'..= ~~ ,~ . ,,\. 0 'I'" "T:" ,,' ' .." .. I" ';,~'. . :: ,~ " , , , ',~--' , .': , ,.. . ','.,' , , " . " , . ' . " , . " . ;...; ,; _.__,_ _ ..~" '''~.. ~".'~~MC''''U_'' ..,.-.." ,..,-,_,~, <_""',."....'....'....._~..,,-',"-..,~~ ~," ,.,..".: : ~ '" . , . ,. .. , ' , ,;.._\.;..;.;...-i....;....~.....,....,'",...::M...,.'-',"'~"'\"'-,..........;._~._ 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 12th day of April, 1994, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, in consideration of an ordinance amending Chapter 32.1, Iowa City Code of Ordinances, Article VI, entitled the "Parking Facility Impact Fee Ordinance" by requiring new commercial development in the Near Southside Neighborhood to pay a parking facility impact fee. Copies of the proposed ordinance amendment are on file for public examination at the Office of the City Clerk, Civic Center, 410 E. Washington Street, 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 ~ ~ f!Jt ecodev\cc40t2,nph ~''1 "; r ,', "- " ~ " j ..-~- ~~:..) '., -~7.."""..,.".;",''',.;'';V,';'''. '1""""""""1';":":';:" , : J::: ,~, -' J ':'., '.":';:'T,'I".,' \' , "-. ',"" ~,,'- :' , 'I, 'D"" I,:;' "',,,''- "0",, ,"" , '" .' "')5 .. "" "'i'>";";":":"~";';";' 'I:~;""'::~;.:':: ,::)~,:~~. ',,: ,,' ,~' 'Il'. ".">,,.:,..;,,,,,'..,j';:. ~",.'..' ~' j,," r ,~' i: '< , r .~.\ (-1 \' \ ,,:J ,~ r~~'~;"'~ I i I I i ~ I I f~ ~,LJ J~ ~Ii''''' i~'" ,\':;~,f " UI 1'[' , i' -" ,(',".'...-, .. 0 , , , ,',:"...- '~ .f':f' LO__ ., , ',,'..: '. ",:.," .' ~<~;~t;~-,,; ...... ""'.',l"i.,.,..' . , ~ ~', -,. ;' :.: .", ,,, , ".' , \i ,\ ,]!'. ~~. , " '. ~.' " . ,.' " . '-'~ _ . '.~. .;.,~..~',~...-,....,~","J,..' ::':';';:.,..:.,:;~.u..., ""IJ~'''N..''''''~,, ~~'~_'_'._'~'" - ::: :",,__,,_,___~_,.,_,_,:':'~_.'~,,""'__":l.\".'''~_'''''''''''''''';_~.. a~ ~ NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR CIVIC CENTER WEST POLICE DEPARTMENT lOWER lEVEL REMODELING PROJECT 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 Council of the City of Iowa City, Iowa, will con- duct a public hearing on plans, specifications, form of contract and estimated cost for the con- struction of the Civic Center West, Police De- partment, lower level Remodeling Project in said City at 7:30 p,m. on the 26th day of April, 1994, said meeting to be held in the Council Chambers in the Civic Center in said City, Said plans, specifications, form of contract and 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 meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Coun- cil of the City of Iowa City, Iowa and as provided by law, MARIAN K, KARR, CITY CLERK PH-1 J Ot)~ " ' )"'-"--'" "'-' . .' '~':'", ' ',';: :" ","1' " ,',' ,:,"\~Il'" :,:';~"~'/'\',".:,\W'\':';~:2.':!r,\,...:.. '.",'T'\""rO:'," .'~',: ,..i'O,"'" ':.',,".. ' ',' "'Ie. .;':' ""~<~:'':'~:'':'I~'_:;':~~'~~:: .""\I.,:!::~,,.,::,,~' " "',' . :,t "~} ,"I. .. , ".8"0""'1', 8,:,',.::: ',' "__,,,"','f,-'"