HomeMy WebLinkAbout1994-06-07 Public hearing
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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 7th day of June,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider the
following:
C) A resolution to annex 18.6 acres
, located south of the Iowa City
corporate limits, north of Rohret Road,
and east of Slothower Road.
2. An ordinance amending the Zoning
Ordinance by changing the use
regulations of '18.6 acres of land
located south of the Iowa City
corporate limits, north of Rohret Road,
and east of Slothower Road from
County RS, Suburban Residential, to
ID-RS, Interim' Development Single-
Family Residential.
3. A resolution to sever (de-annex) an
approximate 95 acres of land located in
the northwest corner of Iowa City,
immediately south of the Iowa
Interstate Railway and east of the Iowa
City corporate limits.
Persons interested in expressing their views
concerning said items, either verbally or in
writing, will be given the opportunity to be
heard at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
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'RESOLUTION NO.
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXI.
MATE 18.6 ACRE TRACT OF LAND LOCATED SOUTH OF THE IOWA CITY
CORPORATE LIMITS, NORTH OF ROHRET ROAD AND EAST OF SLOTHOWER
ROAD.
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WHEREAS, Dean Oakes Construction Co. and Hodge Development Co. own an approximate
18.6 acre tract of land located south of the Iowa City corporate limits, north of Rohret Road
and east of Slothower Road; and
WHEREAS, Dean Oakes Construction Co. and Hodge Development Co. have requested
annexation of their land into the City of Iowa City, Iowa; and
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WHEREAS, this tract is contiguous to the corporate limits of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The following-described land ,shall be voluntarily annexed to the City of Iowa City,
Iowa:
Commencing at the Northeast Corner of Section 24, Township
79 North, Range 7 West of the 5th Principal Meridian; Thence
S89048'43"W, on the North line of said Section 24, a distance
of 952.34 feet to the Centerline of a County Road, also being
the Point of Beginning; Thence S66054'25"W, 51.72 feet on
said Centerline; Thence S66036'52"W, 52.57 feet on said
Centerline; Thence S60003'01 "W, 88.13 feeton said Centerline;
Thence S59032'48"W, 172.96 feet on said Centerline; Thence
S59020'OO"W, 926.42 feet on said Centerline; Thence
S59020'47"W, 653.90 feet on said Centerline to the West line
of the Northeast Quarter of said Section 24; Thence
NOo042'23"W, 973.23 feet on the West line of the Northeast
Quarter of said Section 24 to the North Quarter Corner of said
Section 24; Thence N89048'43"E, 1692.69 feet on the North
line of said Section 24 to the Point of Beginning. Said tract of
land containing 18.60 acres.
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As required by Iowa Code ~ 368.7 (1993), the City Clerk is hereby directed to certify
a copy of the Resolution and to file the Resolution, map and legal description of the
above-described property with the Secretary of State, Johnson County Board of
Supervisors, each affected public utility, and the State Department of Transportation.
The City Clerk is further directed to record the Resolution, legal description and map
with the Johnson County Recorder.
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Resolution No.
Page 2
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Passed and approved this
day of
11994.
MAYOR
Approved by
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ATTEST:
CITY CLERK
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City Attorney's Offi e (, -J -1'1
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
,
Baker
Horowitz
,
Kubby
Lehman
Novick
Pigott
Throgmorton
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STAFF REPORT
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To: Planning and Zoning Commission
Prepared by: Robert Miklo
Item: ANN94-0004. Southwest Estates
REZ94-0006
Date: April 21, 1994
GENERAL INFORMATION:
Applicant: '
Dean Oakes Construction Co. &
Hodge Development Company
711 S. Gilbert St.
Iowa City, IA 52240
Phone: 354-2233
Requested action:
Annexation and rezoning from County
RS to RS-8 - 18.6 acres; rezoning from
RR-1 to RS-8 - 45.04 acres; rezoning
from RR-1 to RS-5 - 2.05 acres.
Purpose:
To permit residential development.
Location:
North of Rohret Road, west of South-
west Estates, and east of Slothower
Road.
Size:
65.69 acres.
Comprehensive Plan:
Long-range Development; after the year
2011 at 2-8 dwelling units per acre.
Existing land use and zoning:
Agricultural; County RS, RR-1 and RS-5.
Surrounding land use and zoning:
North - Agricultural and undeveloped;
RS-5.
East - Residential; RR-1, RS-5 and
County RS.
South - Agricultural and Residential;
County RS.
West - Agricultural; RR-1 and County
RS.
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File date:
March 29, 1994.
45-day limitation period:
May 16, 1994.
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BACKGROUND INFORMATION:
The applicants, Dean Oakes Construction Co. and Hodge Development Co., have requested
that the City annex approximately 18,6 acres of land located north Rohret Road, east of
Slothower Road and south of the current southern corporate limits, They have requested that
the area proposed for annexation be rezoned from County RS, Suburban Residential to RS-8,
Medium Density Single-Family Residential. The applicants have also requested that
approximately 45.04 acres to the north of the area requested for annexation, be rezoned from
RR-1, Rural Residential to RS-8. They are also requesting that Lots 16 and 17 of Southwest
Estates be rezoned from RR-1 to RS-5, Low Density Single-Family Residential.
The Comprehensive Plan states that petitions for voluntary annexation should be viewed
positively when City ordinances governing zoning and development are adequate to deal with
any unusual conditions that exist in the area proposed for annexation and when 1) the area
under consideration falls within the future service area of the City and sanitary sewer capacity
is presently available, 2) development in the area will fulfill an identified need without
imposing an undue financial burden on the City, or 31 control of development at entryways
to the community is in the City/s best interest. The Comprehensive Plan also indicates that
the developers of areas newly annexed into the city will be responsible for Ell infrastructure
costs including those normally subsidized by the City, such as collector streets and oversized
utility lines.
In addition to these general annexation policies, the Comprehensive Plan contains specific
policies regarding the development of the southwest area of the city. The Southwest Area
Study indicates that the short-term development potential of the area requested for
annexation and the area requested for rezoning from RR-1 to RS-8 and RS-5 is limited due to
the inability of the City to provide gravity flow sewer service to the watershed in which this
property is located. However, the construction of a lift station to provide sanitary sewer
service for the Iowa City landfill, which is located west of the subject property, may present
the physical ability to provide sanitary sewer service to this watershed.
The Southwest Area Study also discourages the development of residential areas west of
Highway 218 until such time as the areas east of the highway are more completely
developed. This is in keeping with the Comprehensive Plan's general policy of encouraging
compact and contiguous development. However, since this policy was adopted, considerable
development has occurred west of Highway 218. The proposed annexations and rezonings
should be analyzed in the context of these general and specific Comprehensive Plan policies.
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ANALYSIS:
Sanitary Sewer Service:
In terms of the Comprehensive Plan's annexation policy, the area proposed for annexation falls
within the future service area of the City; however, there are a number of constraints on the
City/s capacity to provide sanitary sewer service to this area. The subject property drains into
the Old Man' s Creek watershed and, therefore, cannot presently be served with a gravity flow
sanitary sewer line. The City is in the process of planning to install a lift station so that waste
from the Iowa City landfill can be directed into the West Side Trunk Sewer. The City Council
has decided not to size the landfill lift station to accommodate development beyond the
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sanitary sewer service area as defined in the Comprehensive Plan. The landfill lift station
may, therefore, be designed to service the subject parcel which is included in the present
service area. In keeping with the Comprehensive Plan's annexation and development
sequence policies, the prorated cost of sizing the lift station to serve the 18 acres requested
for annexation and the approximate 47 acres requested for rezoning should be attributed to
the applicants. If the subject area is annexed and rezoned, a conditional zoning agreement
will be necessary to specify the applicants' financial obligations in this regard, as well as their
obligations for other oversized infrastructure improvements and the gravity sewer line to the
lift station.
In addition to lift station improvements, improvements in the Southwest Interceptor Sewer
and the wastewater treatment plants will need to be considered. The improvements to the
West Side Trunk Sewer which are currently underway will end near the Galway Hills
Subdivision. The line west of Galway Hills mayor may not have sufficient capacity to serve
additional development in the subject area. The Public Works Department is examining the
capacity of this line. This question as well as constraints in the Southwest Interceptor Sewer
will eventually have to be addressed.
The City plans to connect the north wastewater treatment plant to the south wastewater
treatment plant within the next three years. When that connection occurs, the City's
wastewater treatment plants should have sufficient capacity to serve the undeveloped
portions of the city. Until that connection occurs, it would not be appropriate to increase the
development potential of the subject area. To do so might result in using up capacity that
otherwise might be utilized by areas within the existinQ city limits that are already zoned for
development.
For this reason it may be appropriate to annex the subject 18 acres and rezone it ID-RS. In
the future when issues regarding the City's wastewater treatment and collection facilities are
resolved, the subject area could be considered for rezoning as discussed below.
Street Improvements:
Access to the subject area will be primarily from Rohret Road. The City is in the process of
improving Rohret Road from its intersection with Mormon Trek Boulevard to the current
southern corporate limits. The portion of Rohret Road which fronts the south side of the area
requested for annexation will remain unimproved. If the subject area is to develop, Rohret
Road should be improved to Slott/ower Road.
The west side of the subject area is bordered by Slothower Road. This street is currently
unimproved, and would require a major upgrade if it is to provide access to the subject and
adjacent properties.
As further development occurs in southwestern Iowa City, it will be necessary to construct
an arterial street connection between Melrose Avenue and Rohret Road in order to provide
secondary access and an adequate street network. When the area is platted, subdivisions
should be designed to accommodate the eventual improvement of Slothower Road to arterial
street standards.
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Zoning:
The applicant is proposing that the majority of the subject area be zoned RS-8. Two lots
within the existing Southwest Estates subdivision are proposed to be rezoned from RR-1 to
RS-5. The proposed rezoning should be examined in light of the surrounding development in
this part of the city. Although the southwestern portion of the city is predominantly RS-5,
the introduction of a medium density single-family zoning area would help promote the
availability of a wider range of housing types in this neighborhood. The submission of a
concept plan showing how the proposed RS-8 area would be laid out would help assure that
it is designed to be compatible with the adjacent RS-5 development.
Due to sanitary capacity constraints, however, the higher density zoning may be premature.
It may be appropriate to zone the 18 acres requested for annexation, ID-RS. The RR-' zone
on the remainder of the subject property should be retained until such time as the sanitary
sewer issues are resolved. When the north and south wastewater treatment plants are
connected and the concerns regarding capacity of the West Side Trunk Sewer and the
Southwest Interceptor Sewer are resolved, further consideration should be given to the
proposed RS-8 and RS-5 zoning classifications.
Open Space:
If and when the subject area is rezoned to RS-8 and RS-5, approximately 2.5 acres of
additional neighborhood open space will be required to serve the potential development. As
discussed above, a conditional zoning agreement will be necessary to specify that the
developer dedicate the required open space or pay fees in lieu of dedication.
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Sensitive Areas Inventory:
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The Sensitive Areas Inventory map indicates a potential wetland on the western boundary of
the subject area. The status of this potential wetland will need to be verified prior to
subdivision plat approval. If it is verified as a wetland, a mitigation plan will be necessary.
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Conclusion:
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The landfill lift station can be designed to accommodate the subject property. However,
potential constraints in the West Side Trunk Sewer and the Southwest Interceptor Sewer, and
treatment plant capacity will need to be addressed prior to the full development of this
portion of the city.
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When the City does provide sanitary sewer service to the subject area, the applicant will be
responsible for oversized infrastructure costs including street improvements and oversized
utility costs. The prorated share of the cost of sizing the landfill lift station to serve this area
and a gravity line to the lift station will be the responsibility of the developer.
If appropriately designed, the proposed RS-8 development may be compatible with the
adjacent RS-5 development and will provide for a mix of housing types in this neighborhood.
However, due to sanitary sewer treatment and potentially collection system constraints, the
timing of the proposed rezoning appears to be premature.
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STAFF RECOMMENDATION:
Staff recommends that the proposed annexation of 18.6 acres be approved and that the
property be zoned ID-RS. When the north and south treatment plants are connected and
constraints in the West Side Trunk Sewer and Southwest Interceptor Sewer are resolved,
consideration should be given to the applicant's request to rezone the property to RS-8 and
RS-5 subject to a conditional zoning agreement which specifies the applicants' obligations for
oversized infrastructure costs and the provision of neighborhood open space.
ATTACHMENT: "
1.
Location Map.
Approved by:
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Monica Moen, Senior Planner
Department of Planning and
Community Development
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To:
May 31, 1994
The Honorable Mayor Susan Horowitzi~
and Iowa City Council Members:
Larry Baker
Karen Kubby
Ernie Lelunan
Naomi Novick
Bruno Pigott
James Throgmorton
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Re: Proposed annexation and rezoning of 18.6 ares of land
located north of Rohret Road')
From: Diana Thrift
Witold Krajewski
3329 Rohret Rd. SW
Iowa City, Iowa 52240
We are writing this letter because we are currently out of
state on leave from the university of Iowa and are therefore
unable to attend your June 7th meeting. (We will return to
Iowa City in July.) Please enter this letter into the
official record of your proceedings.
Our
18.6
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We have resided at the above address for seven years.
home is on the south side of Rohret Road, opposite the
acre parcel proposed for annexation and rezoning.
We are strongly opposed to the annexation and rezoning of the
land in question for several reasons, the primary one being
our concern that annexation will pave the way for the
developer to proceed with his stated intent to develop that
land at a higher density than what is now planned. This
would be a mistake for many reasons, several of which seem to
have been considered in the proposed Fringe Area Agreement,
the purpose of which is to foster "orderly and efficient
development patterns apropriate to a non-urbanized area," to
"protect and preserve the fringe area's natural resources and
environmentally sensitive features," and to "direct
development to areas with physical characteristics which can
accomodate development."
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Such out-of-sequence development, which would incur costs for
road and sewer development, bus and other city services, is
hardly orderly and efficient, especially at this time. One
must certainly question the efficiency of placing higher
density housing at the farther reaches of the community.
As for this area's environmentally sensitive features, please
consider the landfill, which is situated directly northwest
of this 18.6 acres. Protection of the area's groundwater
from leachate contamination from the landfill~-which has
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already occurred at least once--would reasonably dictate
planting those 18.6 acres with trees, not crowding it with
houses. certainly, a buffer around the landfill would make
common sense, though it would not make dollars and cents for
the developer. But if houses are to be put there, why change
the original plan (conceived when the landfill was scheduled
to close several years ago), when it is only the developer
who will benefit from higher density development? We would
like to point out that the city council has already impacted
this area by its decision to extend the life of the landfill
for twenty plus years beyond its targeted closure. Residents
hereabouts may not have liked that decision, but we can see
that it was clearly made for the good of the entire
community. Conversely, annexing the land and increasing the
density of housing on the adjacent 18.6 acres of land conveys
no public good whatsoever.
As for directing development to areas that can accomodate it,
in addition to the landfill concern, there is the ~Jestion of
the present road capacity and even the capacity of the new
elementary school, which is to solve the overcrowding problem
at other west side schools but which will be in danger of
quick~y becoming overcrowded itself if too many houses are
built here too quickly and without careful planning.
A final issue relates to the quality of life we in Iowa City
enjoy. Iowa City is unique in the pleasant diversity of its
many neighborhoods, diversity that offers many attractive
choices ranging from small-town urban living to traditional
suburbs to rural residential to completely rural--all within
an easy commute to the heart of town. This diversity in the
character of neighborhoods is not based on economics, as one
can find housing to fit widely varying budgets throughout
each of these communities. The area out Rohret Road is quite
representative of this, however, this entire area is in
danger of losing its unique rural-residential flavor if too
many subdivisions are created that do not attempt to protect
and preserve the hallmark of the rural landscape--space.
We hope you will not support the proposed annexation and
rezoning, and will perhaps even consider whether, given the
proximity of the landfill, this area should be planted with
trees or allowed to return to its natural state to provide a
buffer for the many residents who already live nearby.
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Diana Thrift and Witold Krajewski
Temporary Address through June '94:
836 Mistletoe Ln, Carlsbad, CA 92009, (619) 431-0084
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June 1, 19%
James Throgmorten Ph.D.
City Council of Iowa City
Office of the City Clerk
Civic Center
~10 E. Washington street
Dear Dr. Throgmorten:
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On June 7, 199~, the city council will be voting on the proposed
annexation and rezoning of 18.6 acres north of Rohret Road. We
live directly across the street from the parcel of land proposed
for annexation. We have major concerns regarding this proposed
annexation and will describe these concerns to you in the
following paragraphs. Unfortunately, previous commitments,
scheduled over 6 months ago, preclude us from attending the City
Council's public hearing on June 7, 199~. Please accept this
letter as our opportunity to officially express our feelings on
this matter.
We closely examined the zoning of our immediate surrounding area
prior to purchasing our house and property. Given the zoning of
this 18.6 acres we believed this area would have low priority for
development consistent with the ,"preservation of the fringe
areas's natural resources and environmentally sensitive
features." The rezoning ,associated with the annexation is
proposed to be from RR-1 (rural residential) to ID-RS. However,
the developer applying for annexation has already disclosed his
intent to rezone this area to a much higher density, We are in
support of efficient utilization of developing areas to provide
adequate housing to meet the needs of the citizens of Iowa City.
Unfortunately, the concerns associated with living in close
proximity to an overly used sanitary landfill makes this location
less than optimal for high density development. Since moving
here we have learned of the disadvantages of living near a
landfill and feel obligated to share this knowledge with you.
Specifically, heavy equipment operating within the landfill
projects loud backup warnings which serves as a constant source
of noise, not to mention the ongoing fears associated with newly
discovered environmental hazards (leeching, etc). As concerning,
is the attractiveness that this heavy equipment and mountains of
debris covered with dirt will have on youths living in this area.
Having grown up near a landfill in the state of New Jersey I can
attest to the unfortunate attractiveness of such a site to
curious youths. Given the available sites for development in
Iowa City, this 18.6 acres appears to be poorly suited for higher
density development.
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developer. The
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Conversely, it appears to reflect the vision of a
future of fringe area development should not be
personal interests of a single developer.
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Finally, the area proposed for annexation cannot accomodate
development due to inadequate city water and sewer systems. It
is well publicized that a pump station must be constructed before
any future development can proceed. If this proposed area (18.6
acres) is annexed, Rohret Road must be upgraded an additional
mile. We believe the residents of Iowa City should not be
burdened with supporting the development and maintainance of this
proposed extension of Rohret Road considering that the area
cannot be developed for some time (water' and sewer).
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As officials, elected by our community,' we entrust that the
decision to annex and rezone this area will be based on all
available information and reflect what is in the best interest of
the citizens of Iowa City. Consequently, whatever your vote,
please recognize our support for your informed decision. Thank
you for the opportunity to share with you our feelings on this
matter.
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Richard Kemp Shields
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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 7th day of June,
1994, in the Civic Center Council Chambers,
410 E. Washington Straet, Iowa City, Iowa; at
which hearing the Council will consider the
following:
1. A resolution to annex 18.6 acres
located south of the Iowa City
corporate limits, north of Rohret Road,
and east of Slothower Road.
~ 'An ordinance amending the Zoning
Ordinance by changing the use
regulations of 18.6 acres of land
located south of the Iowa City
corporate limits, north of Rohret Road,
and east of Slothower Road from
County RS, Suburban Residential, to
ID.RS, Interim Development Single-
Family Residential.
3. A resolution to sever (de-annex) an
approximate 95 acres of land located in
the northwest corner of Iowa City,
immediately south of the Iowa
Interstate Railway and east of the Iowa
City corporate limits.
Persons interested in expressing their views
concerning said items, either verbally or in
writing, will be given the opportunity to be
heard at the above.mentioned time and place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO.
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AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF APPROXIMATELY 18.6
ACRES OF LAND LOCATED NORTH OF
ROHRET ROAD AND EAST OF SLOTHOWER
ROAD FROM THE COUNTY DESIGNATION OF
RS, SUBURBAN RESIDENTIAL, TO ID-RS,
INTERIM DEVELOPMENT SINGLE-FAMILY
RESIDENTIAL.
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WHEREAS, the subject property is presently
located outside the Iowa City corporate limits;
and
WHEREAS, the owners of said property,
Dean Oakes Construction Co. and Hodge
Development Co., have petitioned the City of
Iowa City for voluntary annexation and the City
is proceeding with same; and
WHEREAS, the subject property is in an area
which currently does not have infrastructure
necessary for residential development; and
WHEREAS, the Interim Development Zone is
intended for areas of the City which do not
have adequate infrastructure to support
immediate development; and
WHEREAS, according to the City's
annexation policy, the owners are expected to
pay the costs for infrastructure improvements,
including oversize costs, at such time as city
utilities are available in this area and the
property is rezoned from 10, Interim
Development.
NOW, THEREFORE, BE IT ORDAINED BY'THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. Subject to
completion of the annexation of the property
described below into the City of Iowa City as
set forth in Iowa Code ~ 368.7 (19931, the
property is hereby reclassified from its present
classification of County RS, Suburban
Residential to ID-RS, Interim Development
Singla-Famlly Rasldential:
, Commencing at the Northeast Corner of
S€.ction 24, Township 79 North, Range 7
V.'est of the 5th Principal Meridian; Thence
S89048'43"W, on the North line of said
Section 24, a dlstanca of 952.34 feet to
the Centerline of a County Road, also
being the Point of Beginning; Thence
S66054'25"W, 51.72 feet on said
Centerline; Thence S66036'52"W, 52.57
feet on said Centerline; Thence
S60003'01"W, 88.13 feet on said
Centerllne;ThenceS59032'48"W,172.96 ,
feet on said Centerline; Thence
S59020'OO"W, 926.42 feet on said
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Page 2
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Centerline; Thence S590 20' 47"W, 653.90
feet on said Centerline to the West line of
the Northeast Quarter of said Section 24;
Thence NOo042'23"W, 973.23 feet on
the West line of the Northeast Quarter of
said Section 24 to the North Quarter
Corner of said Section 24; Thence
NB904B'43"E, 1692.69 feet on the North
line of said Section 24 to the Point of
Beginning. Said tract of land containing
1B.60 acres.
SECTION II. ZONING MAP. The Building
Inspect::r.is hereby authorized and directed to
chan~e the zoning map of the City of Iowa
City, Iowa, to conform to this amendment upon
the final passage, approval and publication of
this Ordinance as provided by law and receipt
of an acknowledgement from the Secretary of
State that the Secretary of State has received
the documentation regarding the annexation
required by Iowa Code ~ 36B.7 (19931.
SECTION III. CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
'Ordinance which shall be recorded by the
OWller at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and
publi~cl:on as provided by law.
SECTION IV, REPEALER. All ordinances and
parts of ordinances In conflict with the
provision of this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of this Ordinance shall be
adjudged to be Invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, es required
by law.
Pa~sed and (,pproved this
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CITY CLERK
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Approved by
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City Attorney's Office
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STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Robert Miklo
Item: ANN94-0004, Southwest Estates
REZ94-0006
Date: April 21, 1994
GENERAL INFORMATION:
Applicant:
Dean Oakes Construction Co. &
Hodge Development Company
711 S. Gilbert St.
Iowa City, IA 52240
Phone: 354-2'233
Requested action:
Annexation' and rezoning from County
RS to RS-8 - 18.6 acres; rezoning from
RR-1 to RS-8 - 45.04 acres; rezoning
from RR-1 to RS-5 - 2.05 acres.
Purpose:
To permit residential development.
Location:
North of Rohret Road, west of South-
west Estates, and east of Slothower
Road.
Size:
65.69 acres.
Comprehensive Plan:
Long-range Development; after the year
2011 at 2-8 dwelling units per acre.
Existing land use and zoning:
Agricultural; County RS, RR-1 and RS-5.
Surrounding land use and zoning:
North - AgricUltural and undeveloped;
RS-5.
East - Residential; RR-1, RS-5 and
County RS,
South - Agricultural and Residential;
County RS,
West - AgricUltural; RR-1 and County
RS.
File date:
March 29, 1994.
45-day limitation period:
May 16, 1994.
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BACKGROUND INFORMATION:
The applicants, Dean Oakes Construction Co. and Hodge Development Co., have requested
that the City annex approximately 18.6 acres of land located north Rohret Road, east of
Slothower Road and south of the current southern corporate limits. They have requested that
the area proposed for annexation be rezoned from County RS, Suburban Residential to RS-8,
Medium Density Single-Family Residential. The applicants have also requested that
approximately 45.04 acres to the north of the area requested for annexation, be rezoned from
RR-1, Rural Residential to RS-8. They are also requesting that Lots 16 and 17 of Southwest
Estates be rezoned from RR-1 to RS-5, Low Density Single-Family Residential.
The Comprehensive Plan states that petitions for voluntary annexation should be viewed
positively when City ordinances governing zoning and development are adequate to deal with
any unusual conditions that exist in the area proposed for annexation and when 1) the area
under consideration falls within the future service area of the City and sanitary sewer capacity
is presently available, 2) development in the area will fulfill an identified need without
imposing an undue financial burden on the City, or 3) control of development at entryways
to the community is in the City's best interest. The Comprehensive Plan also indicates that
the developers of areas newly annexed into the city will be responsible for gjl infrastructure
costs including those normally subsidized by the City, such as collector streets and oversized
utility lines.
In addition to these general annexation policies, the Comprehensive Plan contains specific
policies regarding the development of the southwest area of the city. The Southwest Area
Study indicates that the short-term development potential of the area requested for
annexation and the area requested for rezoning from RR-1 to RS-8 and RS-5 is limited due to
the inability of the City to provide gravity flow sewer service to the watershed in which this
property is located. However, the construction of a lift station to provide sanitary sewer
service for the Iowa City landfill, which is located west of the subject property, may present
the physical ability to provide sanitary sewer service to this watershed.
The Southwest Area Study also discourages the development of residential areas west of
Highway 218 until such time as the areas east of the highway are more completely
developed. This is in keeping with the Comprehensive Plan's general policy of encouraging
compact and contiguous development. However, since this policy was adopted, considerable
development has occurred west of Highway 218. The proposed annexations and rezonings
should be analyzed in the context of these general and specific Comprehensive Plan policies.
! '!
ANALYSIS:
Sanitary Sewer Service:
In terms of the Comprehensive Plan's annexation policy, the area proposed for annexation falls
within the future service area of the City; however, there are a number of constraints on the
City's capacity to provide sanitary sewer service to this area. The subject property drains into
the Old Man's Creek watershed and, therefore, cannot presently be served with a gravity flow
sanitary sewer line. The City is in the process of planning to install a lift station so that waste
from the Iowa City landfill can be directed into the West Side Trunk Sewer. The City Council
has decided not to size the landfill lift station to accommodate development beyond the
.
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sanitary sewer service area as defined in the Comprehensive Plan. The landfill lift station
may, therefore, be designed to service the subject parcel which is included in the present
service area. In keeping with the Comprehensive Plan's annexation and development
sequence policies, the prorated cost of sizing the lift station to serve the 18 acres requested
for annexation and the approximate 47 acres requested for rezoning should be attributed to
the applicants. If the subject area is annexed and rezoned, a conditional zoning agreement
will be necessary to specify the applicants' financial obligations in this regard, as well as their
obligations for other oversized infrastructure improvements and the gravity sewer line to the
lift station.
In addition to lift station improvements, improvements in the Southwest Interceptor Sewer
and the wastewater treatment plants will need to be considered. The improvements to the
West Side Trunk Sewer which are currently underway will end near the Galway Hills
Subdivision. The line west of Galway Hills mayor may not have sufficient capacity to serve
additional development in the subject area. The Public Works Department is examining the
capacity of this line. This question as well as constraints in the Southwest Interceptor Sewer
will eventually have to be addressed.
The City plans to connect the north wastewater treatment plant to the south wastewater
treatment plant within the next three years. When that connection occurs, the City's
wastewater treatment plants should have sufficient capacity to serve the undeveloped
portions of the city. Until that connection occurs, it would not be appropriate to increase the
development potential of the subject area. To do so might result in using up capacity that
otherwise might be utilized by areas within the existinQ city limits that are already zoned for
development.
For this reason it may be appropriate to annex the subject 18 acres and rezone it ID-RS. In
the future when issues regarding the City's wastewater treatment and collection facilities are
resolved, the subject area could be considered for rezoning as discussed below.
Street Improvements:
Access to the subject area will be primarily from Rohret Road. The City is in the process of
improving Rohret Road from its intersection with Mormon Trek Boulevard to the current
southern corporate limits. The portion of Rohret Road which fronts the south side of the area
requested for annexation will remain unimproved. If the subject area is to develop, Rohret
Road should be improved to Slothower Road.
The west side of the subject area is bordered by Slothower Road. This street is currently
unimproved, and would require a major upgrade if it is to provide access to the subject and
adjacent properties.
As further development occurs in southwestern Iowa City, it will be necessary to construct
an arterial street connection between Melrose Avenue and Rohret Road in order to provide
secondary access and an adequate street network. When the area is platted, subdivisions
should be designed to accommodate the eventual improvement of Slothower Road to arterial
street standards.
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Zoning:
The applicant is proposing that the majority of the subject area be zoned RS-8. Two lots
within the existing Southwest Estates subdivision are proposed to be rezoned from RR-1 to
RS-5. The proposed rezoning should be examined in light of the surrounding development in
this part of the city. Although the southwestern portion of the city is predominantly RS-5,
the introduction of a medium density single-family zoning area would help promote the
availability of a wider range of housing types in this neighborhood. The submission of a
concept plan showing how the proposed RS-8 area would be laid out would help assure that
it is designed to be compatible with the adjacent RS-5 development.
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Due to sanitary capacity constraints, however, the higher density zoning may be premature.
It may be appropriate to zone the 18 acres requested for annexation, ID-RS. The RR-1 zone
on the remainder of the subject property should be retained until such time as the sanitary
sewer issues are resolved. When the north and south wastewater treatment plants are
connected and the concerns regarding capacity of the West Side Trunk Sewer and the
Southwest Interceptor Sewer are resolved, further consideration should be given to the
proposed RS-8 and RS-5 zoning classifications.
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Open Space:
If and when the subject area is rezoned to RS-8 and RS-5, approximately 2.5 acres of
additional neighborhood open space will be required to serve the potential development. As
discussed above, a conditional zoning agreement will be necessary to specify that the
developer dedicate the required open space or pay fees in lieu of dedication.
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Sensitive Areas Inventory:
The Sensitive Areas Inventory map indicates a potential wetland on the western boundary of
the subject area. The status of this potential wetland will need to be verified prior to
subdivision plat approval. If it is verified as a wetland, a mitigation plan will be necessary.
Conclusion:
,1.1
The landfill lift station can be designed to accommodate the subject property. However,
potential constraints in the West Side Trunk Sewer and the Southwest Interceptor Sewer, and
treatment plant capacity will need to be addressed prior to the full development of this
portion of the city.
When the City does provide sanitary sewer service to the subject area, the applicant will be
responsible for oversized infrastructure costs including street improvements and oversized
utility costs. The prorated share of the cost of sizing the landfill lift station to serve this area
and a gravity line to the lift station will be the responsibility of the developer.
If appropriately designed, the proposed RS-8 development may be compatible with the
adjacent RS-5 development and will provide for a mix of housing types in this neighborhood.
However, due to sanitary sewer treatment and potentially collection system constraints, the
timing of the proposed rezoning appears to be premature.
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STAFF RECOMMENDATION:
Staff recommends that the proposed annexation of 18.6 acres be approved and that the
property be zoned ID-RS. When the north and south treatment plants are connected and
constraints in the West Side Trunk Sewer and Southwest Interceptor Sewer are resolved,
consideration should be given to the applicant's request to rezone the property to RS-8 and
RS-5 subject to a conditional zoning agreement which specifies the applicants' obligations for
oversized infrastructure costs and the provision of neighborhood open space.
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To:
May 31, 1994
The Honorable Mayor Susan Horowitz~
and Iowa City Council Members:
Larry Baker
Karen Kubby
Ernie Lehman
Naomi Novick
Bruno pigott
James Throgmorton
Re:
Proposed annexation and rezoning of 18.6 ares
located north of Rohret Road
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From: Diana Thrift
Witold Krajewski
3329 Rohret Rd. SW
Iowa City, Iowa 52240
We are writing this letter because we are currently out of
state on leave from the University of Iowa and are therefore
unable to attend your June 7th meeting. (We will return to
Iowa City in July.) Please enter this letter into the
official record of your proceedings.
We have resided at the above address for seven years. Our
home is on the south side of Rohret Road, opposite the 18.6
acre parcel proposed for annexation and rezoning.
We are strongly opposed to the annexation and rezoning of the
land in question for several rea~ons, the primary one being
our concern that annexation will pave the way for the
developer to proceed with his stated intent to develop that
land at a higher density than what is now planned. This
would be a mistake for many reasons, several of which seem to
have been considered in the proposed Fringe Area Agreement,
the purpose of which is to foster "orderly and efficient
development patterns apropriate to a non-urbanized area," to
"protect and preserve the fringe area's natural resources and
environmentally sensitive features," and to "direct
development to areas with physical characteristics which can
accomodate development."
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Such out-of-sequence development, which would incur costs for
road and sewer development, bus and other city services, i.s
hardly orderly and efficient, especially at this time. One
must certainly question the efficiency of placing higher
density housing at the farther reaches of the community.
As for this area's environmentally sensitive features, please
consider the landfill, which is situated directly northwest
of this 18.6 acres. Protection of the area's groundwater
from leachate contamination from the landfill--which has
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already occurred at least once--would reasonably dictate
planting those 18.6 acres with trees, not crowding it with
houses. Certainly, a buffer around the landfill would make
common sense, though it would not make dollars and cents for
the developer. But if houses are to be put there, why change
the original plan (conceived when the landfill was scheduled
to close several years ago), when it is only the developer
who will benefit from higher density development? We would
like to point out that the city council has already impacted
this area by its decision to extend the life of the landfill
for twenty plus years beyond its targeted closure. Residents
hereabouts may not have liked that decision, but we can see
that it was clearly made for the good of the entire
community. Conversely, annexing the land and increasing the
density of housing on the adjacent 18.6 acres of land conveys
no public good whatsoever.
As for directing development to areas that can accomodate it,
in addition to the landfill concern, there is the question of
the present road capacity and even the capacity of the new
elementary school, which is to solve the overcrowding problem
at other west side schools but which will be in danger of
quickly becoming overcrowded itself if too many houses are
built here too quickly and without careful planning.
A final issue relates to the quality of life we in Iowa City
enjoy. Iowa City is unique in the pleasant diversity of its
many neighborhoods, diversity that offers many attractive
choices ranging from small-town urban living to traditional
suburbs to rural residential to completely rural--all within
an easy commute to the heart of town. This diversity in the
character of neighborhoods is not based on economics, as one
can find housing to fit widely varying budgets throughout
each of these communities. The area out Rohret Road is quite
representative of this, howevpr, this entire area is in
danger of losing its unique rural-residential flavor if too
many subdivisions are created that do not attempt to protect
and preserve the hallmark of the rural landscape--space.
We hope you will not support the proposed annexation and
rezoning, and will perhaps even consider whether, given the
proximity of the landfill, this area should be planted with
trees or allowed to return to its natural state to provide a
buffer for the many residents who already live nearby.
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Diana Thrift and Witold Krajewski
Temporary Address through June '94:
836 Mistletoe Ln, Carlsbad, CA 92009, (619) 431-0084
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June 1, 19%
James Throgmorten Ph.D.
City Council of Iowa City
Office of the City Clerk
Civic Center
~10 E. Washington Street
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Dear Dr. Throgmorten:
On June 7, 199~, the city council will be voting on the proposed
annexation and rezoning of 18.6 acres north of Rohret Road. We
live directly across the street from the parcel of land proposed
for annexation. We have major concerns regarding this proposed
annexation and will describe these concerns to you in the
following paragraphs. Unfortunately, previous commitments,
scheduled over 6 months ago, preclude us from attending the City
Council's public hearing on June 7, 199~. Please accept this
letter as our opportunity to officially express our feelings on
this matter.
()
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We closely examined the zoning of our immediate surrounding area
prior to purchasing our house and property. Given the zoning of
this 18.6 acres we believed this area would have low priority for
development consistent with the ."preservation of the fringe
areas's natural resources and environmentally sensitive
features." The rezoning associated with the annexation is
proposed to be from RR-1 (rural residential) to ID-RS. However,
the developer applying for annexation has already disclosed his
intent to rezone this area to a much higher density. We are in
support of efficient utilization of developing areas to provide
adequate housing to meet the needs of the citizens of Iowa City.
Unfortunately, the concerns associated with living in close
proximity to an overly used sanitary landfill makes this location
less than optimal for high density development. Since moving
here we have learned of the disadvantages of living near a
landfill and feel obligated to share this knowledge with you.
Specifically, heavy equipment operating within the landfill
projects loud backup warnings which serves as a constant source
of noise, not to mention the ongoing fears associated with newly
discovered environmental hazards (leeching, etc). As concerning,
, is the attractiveness that this heavy equipment and mountains of
debris covered with dirt will have on youths living in this area.
Having grown up near a landfill in the state of New Jersey I can
attest to the unfortunate attractiveness of such a site to
curious youths. Given the available sites for development in
Iowa City, this 18.6 acres appears to be poorly suited for higher
density development.
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appear to meet the vision of orderly and sequential development J~
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developer. The
dictated by the
Conversely, it appears to reflect the vision of a
future of fringe area development should not be
personal interests of a single developer.
Finally, the area proposed for annexation cannot accomodate
development due to inadequate city water and sewer systems. It
is well publicized that a pump station must be constructed before
any future developmen~ can proceed. If this proposed area (18.6
acres) is annexed, Rohret Road must be upgraded an additional
mile. We believe the residents of Iowa City should not be
burdened with supporting the development and maintainance of this
proposed extension of Rohret Road considering that the area
cannot be developed for some time (water and sewer).
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As officials, elected by our community, we entrust that the
decision to annex and rezone this area will be based on all
available information and reflect what is in the best interest of
the citizens of Iowa City. Consequently, whatever your vote,
?lease recognize our support for your informed decision. Thank
you for the opportunity to share with you our feelings on this
matter.
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Richard Kemp Shields
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PROTEST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
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We, the undersigned, being the owners of twenly percent or more of the area of the property
Included In the proposed zoning change, or the owners of twenly percent or more of the
property which Is located within two hundred feet of the exterior boundaries of the property for
which the zoning change Is proposed, do hereby rotest the rezonln of the following property:
o.nM, o.-ho""
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This petition Is signed and acknowledged by each of us with the Intention that such rezoning
shall not become effective except by the favorable vote of at least three-fourths of all the
members of the council. all In accordance with !414.5 of the Code of Iowa.
By:
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Property Address I DWa-.. S221.j 0
STATE OF IOWA ,)
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JOHNSON COUNlY )
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On this _ day of , 19_, before me, the undersigned, a NotaJy Public In and
for said Counly and Slate. personally appeared end
to me known to be the Identical persons named in and who
executed the within and foregoing Instrument and acknowledged that they executed the same
as their voluntaJy act and deed.
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Notary Public In and for the State of Iowa
By:
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Owner(s) of
Property Address '
STATE OF IOWA )
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JOHNSON COUNlY )
On this _ day of , 19_, before me, the undersigned, a NotaJy Public In and
for said Co~nly and State, pereonally appeared and
to me known to be the Identical ~rsons named In and who
executed the within and foregoing Instrument and acknowledged that 'they 'executed the ,same
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NotaJy Public In and for the State of Iowa
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, CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
NO,5907
State of CALIfORNIA
County of SAN D I EGO
On
before me,
DAVID M. SAMLOFF, NOTARY PUBLIC,
NAME, TITLE OF OFFICER. E,G" "JANE OOE, NOTARY PUBLIC'
DATE
personally appeared
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NAME(S) OF SIGNER(SI
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to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac.
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the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
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OFFICIAL SEAL
. DAVID M. SAMlOFF
"Ill . NOTARY PUBUc.cA1JFORNIA
<1, . PRINCIPAL OFFICE IN
. 'It SAN DIEGO COUNTY
.~ MY COM, EXP FEB. 3. 1995
WITNESS my hand and official seal.
SIGNA lURE OF NOTARY
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OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
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CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
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o GUARDIAN/CONSERVATOR
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NUMBER OF PAGES
.
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTlTV(IESI
SIGNER(S) OTHER THAN NAMED ABOVE
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PROTEST OF REZONING
TO: HONORABLE MAYOR AND CIlY COUNCIL
IOWA CIlY, IOWA
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We, the undersigned, being the owners 01 twenty percent or more 01 the area c2Q;'~ p~pe;;Y
Included In the proposed zoning change, or the ownerS 01 twenty percent ~re~1 th~~
property which Is located within two hundred leet 01 the exterior boundaries 01 tRBll1op$'t fot;
which the zoning change Is proposed, do hereby protest the rezoning 01 the follo~g prgjrerty:
T---k. / J. b ..rtcRGS of L.1/o1 d L (J clr7E d :.:l
NORTf/ Of I)ofl/ffj Rd.
This petition Is signed and acknowledged by each 01 us with the Intenllon that such rezoning
shall not become effective except by the favorable vote 01 at least three-fourths of all the
members 01 the council, all In accordance with ~14.5 01 the Code of Iowa.
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JOHNSON coumv ) ,
On this '1'd.dayol 7""., , 19..&" before me, the undersigned, a Notary Public In and
for saJd County and State, personal~bPpeared aM 11 tv, S~4 ~ \,4.. and
to me known to be the IdenllcaJ persons named In and who
executed the within and loregolng Instrument and acknowledged that they executed the same
as their voluntary act and deed.
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Notary Public In and lor the Slate 01 Iowa
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Owner(s) of
Property Address
STATE OF IOWA )
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JOHNSON coumv )
On this _ day 01 ,19_, before me, the undersigned, a Notary Public In and
for said County and State, personally eppeared and
to me known to be the Idenllcal persons named In and who
executed the within and foregoing Instrument and acknowledged that they executed the same
as their voluntary act and deed.
Notary Public In and for the Slate 01 Iowa
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PROTEST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of twenty percent or more of the area of the property
Included In the proposed zoning change, or the owners of twenty percent or more of the
property which Is located within two hundred feet of the extenor boundaries of the property for
which the zoning change Is proposed, do hereby protest the rezoning of the following property:
[S.lo o.cre.s q. la.rJ loea:bl nqrl'h Cf"lokr"d- ~
this petition Is signed and acknowledged by each of us with the Intention that such rezoning
shall not become effective except by the favorable vote of at least three-fourths of all the
members of the council, ell In accordance with 9414.5 of the Code of 10IVa.
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Property Address :JZwl'/ 6-1.;, 1'14 S Z. '2.1.(0
STATE OF IOWA )
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JOHNSON COUNTY )
On thlsd~ay of fh I -t.L ,19 '11. before me, th~IUnderSI~J1ed, a t'jotary public Inland
for said County and~nally appeared k~ [rfell L, 51J/~jl5 ~and
~:<n.o rei K sh,'ef):; to me known to be the Identical parsons named In and who
executed the within and foregoing Instrument and acknowledged that they executed the same
as their voluntary act and deed. '
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By:
Owner(s) of
STATE OF IOWA )
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JOHNSON COUNTY )
On this _ day of , 19_, before me, the undersigned, e Notary Public In and
for said County and State, personally appearad and
to me known to be the Identical persons named In and who
executed the within and foregoing Instrument and acknowledged that they executed the sama
as their voluntary act and deed.
Notary Public In and for the Slate of Iowa
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PROTEST OF REZONING J:"
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IOWA CITY IOWA ~...<: ~ :.-
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We, the undersigned, being the owners of twenty percent or more of the area i/:tt1e propertY
Included In the proposed zoning change, or the owners of twenty percent 9l' mori!!.pf the
property which Is located within two hundred feet of the exterior boundaries of the property for
which the zoning change Is proposed, do hereby protest the rezoning of the following property:
18.~ cWtiof kl.~ lo~ n(JY"fh"f~"'M~'
This petition Is signed and acknowledged by oach of us with the Intention that such rezoning
shall not become effective except by the favorable vote of at least three-fourths of all the
members of tho council, all In accordance with g414.5 of the Code of Iowa.
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Property Address
Owner(s) of
STATE OF IOWA )
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JOHNSON COUNTY )
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On this .1::""day 01 JOn' , 19.1f:.. before me, the undersigned, a Notary Public In and
for said County and State, personally appeared T"~ ~,.,.-- and
to me known to be the c!antical persons named In and who
executed the within and foregoing Instrument and acknowladged that they exacuted the same
as their voluntary act and deed. '
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Notary Public In and for the Slats of Iowa
By:
Owner(s) of
Property Address
STATE OF IOWA I
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JOHNSON COUNTY )
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On this _ day of , 19_, before me, the undersigned, a Notary Public In and
for said County and Slate, personally appeared and
io me known to be the Identical persons named In and who
executed the within and foregoing Instrument and acknowledged that they executed the same
as their voluntary act and deed,
Notary Public In and for tho Slate 01 Iowa
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PROT1!ST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of twenty percent or more of t~e area of the property
Included In the proposed zoning change, or the owners of twenty percent or more of the
property which Is located within two hundred feat of the exterior boundaries of the property for
which the zoning change Is proposed, do hereby protest the rezoning of the following property:
IS,~ Oc,tt.5 Of la,\'\d. lOCJCleal nm--'\1"- elf lehr~ ~
this petition Is signed and acknowledged by each o,f us with the Intention that such rezoning
shall not become effective except by the favorable vote of at least three-fourths of all the
members of the council, all In accordance with g414,5 of the Code of Iowa.
By:
Owner(s) of
Property Address
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ day of , 19_, before me, the undersigned, a NotSl'f Public In and
for said County and State, personally appeared and
to me knol'n to be tha Identical persons named In and who
executed the within' and foregoing Instrument and acknowledged that they executed the same
, as their voluntSl'f act and deed.
, Notary Public In and for the Slate of Iowa
By:
Owner(s) at
Property Address
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _day at ,19_, before me, the undersigned, a NotSl'f Public In and
for said County and Slate, personally appeared and
to me known to be the Identical persons named In and who
executed the within and foregoing Instrument and acknowledged that they executed the same
as their voluntary act and deed. '#
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PROTEST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of twenty percent or more of the area of the property
Included In the proposed zoning change, or the owners of twenty percent or more of the
property which Is located within two hundred feet of the exterior boundarles of the property for
which the zoning change Is proposed, do hereby protest the rezoning of the following property:
/8,u, Clc,rts Df-lCLNI ~df- 'fuhr~ ~
This petition Is signed and acknowledged by each of us with the Intention that such rezoning
shall not become effectlve except by the favorable vote of at least three-fourths of all the
members of the council, ell In accordance with g414.5 of the Code of Iowa.
By: )k/.." h-Iuv
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Property Address
STATE OF IOWA )
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JOHNSON COUNTY )
On this ~ day of .1M. , 19~, before me, the und~l~ned, a Notary Public In and'
seld C ty and State, personelly appeared .rwi.iu. ~ and
to me known to be the IdenUcaI persons named In and who
exec ed the within and foregoing Instrument and acknowledged that they executed the same
as their volun1~ ~ deed.
'i, JAYNE SAIIDWl
, . NobrJ Publl<:. """
165002
IoIyCcmm, EJp,1Ioy 11.1995
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Property Address
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On this ~ day of , ill\," , , 19~, before me, the undersigned, a No~jlu~c IrUild
for said County and Slate, personally appeared J1llN', ~;\f\ l€.V':::j" :.sod
- to me known to ii8iJiIj IdenUcal persons n~~ lr6nd,:,~o
executed the within and foregoing Instrument and acknowledged that they e~ed;!he same
as their voluntary act and deed. J> w
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OFFICIAL SEAL
DUANE SWARTZENDRUBER
N~ry Public, Iowa
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. PROTEST OF REZONINQ ,
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of t.venty percent or more of the area of the property
Included In the proposed zoning change, or the owners of twenty percent or more of the
property which Is loceled within two hundred feet of the exterior boundaries of the property for
which the zoning change Is proposed, do hereby protest the rezoning/of the following property:
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18.Co a~ oa1l\Nod loeocleoL .' '
NO'Y"\'h "6 ~~ ~
This peUUon Is signed and acknowledged by each of us with the IntenUon that such rezoning
shall not become effective except by the favorable vote of at least three-fourths of all the
members the coun ,all In a rdance with f414.5 of the Code of Iowa
By:
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Owner(s) of
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Property Address
STATE OF IOWA )
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JOHNSON coumv )
On thlS.f: day of JlI\R.J ,19g!. before me, the unders ~ned, a Notary Public In and'
for sald County and State, personally appeared . and
bill.l'L ('(\, Illlh\(lr6 to me known to be the IdenUcaI persons named In and who
executed the within and foregoing Instrument and acknowledged that they executed the same
as their VOluntary act and deed.
OfFIC1AL SEAl.
ii" , ". JAYNE SAHDI.ER
. : NoWJl'lIbk.1M
15!002
My C<<nm. EJp. May 11, m5
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On this _ day 01 ,19_. before mo, the undersigned, a NotaJi.ubll~ and
for sald County and State, personally appeared and
to me known to be the IdenUcaI persons named In and whb
executed the within and foregoing Instrument and acknowledged that they executed the same
as their voluntary act and deed.
STATE OF IOWA )
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JOHNSON coumv )
Notary Public In and for the Slate of Iowa
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PROTEST OF REZONING
TO: HONORABLE MAYOR AND CIlY COUNCIL
IOWA CIlY, IOWA
We, the undersigned, bel,ng the owners 01 \wenly percent or more 01 the area 01 the properly
Included In the proposed zoning change, or the owners 01 twenty percent or more 01 the
properly which Is located within two hundred feet 01 the exterior boundaries 01 the properly lor
which the zoning change Is proposed, do hereby protest the rezoning 01 the followlng properly:
18.(0 ac.te.S~ l~ lo~ f0or-/'h-o.? ~",re'\- ~
This petition Is signed and acknowledged by each of us with the Intention thet such rezoning
shall not become effective except by the lavorable vote of at least three-fourths of all the
members of the council, all In accordance with 9414.5 01 the Code 01 Iowa.
By:
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Properly Address
Owner(s) of
STATE OF IOWA )
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JOHNSON COUNlY )
On this .l: day of jl.\l"L , 19si.. belore
for said Counly and State, personally appeared and
to me known to be the dentical pers ns named in and who
executed the within and foregoing Instrument and acknowledged that they executed the same
as their voluntary act and deed. '
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,:fFIClAI. SEAL
',';tHE SANllllJt
:;l.l,'.tlJ PubIC- 11M
165002
, ,o,"<JJl.MI'/u,ma
By:
Owner(s) of
Properly Address
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On this _ day of , 19-, before me, the undersigned, a Noterxtf'ucllqJs1 and
for said Counly and State, personally appeared Nand
to me known to be the Identical persons named In and who
executed the wllhln end foregoing Instrument and acknowledged that thoy executod tho same
as their voluntary act and deed. '
STATE OF IOWA )
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JOHNSON COUNlY )
Notary Publlo In and for the Slate of Iowa
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PROTEST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of twenty percent or more of the area of the property
Included In the proposed zoning change, or the owners of twenty percent or more of the
property which Is located within two hundred leet of the exterior b und es of the property for
which the zoning change Is proposed, do hereby protest the ezon ng 0 e followlng property:
Itl,{o ~1) lc:wJ lo~ ('JOY'''' ~"?ohrd;\2=.&
This petition Is signed and acknowledged by each of us with the Intention that such rezoning
shall not become effective except by the favorable vote of at least three-fourths of all the
members of the councll, all In accordanca with ~414,5 of the Code of Iowa.
BY;/-"~f;'/:r:d/
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, Owner(s) of
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Property Address
STATE OF IOWA )
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JOHNSON COUNTY )
On this ~ day ot JUX\L . leB!, before m." the undsrSI~ned. a Notary Public In 3r.d
for said County and Slate, personally appearAd fI1MlM r t1W ~n 1. ~hi.rr and
to me known to be the Identical persons named In and who
executed the within and foregoing Instrument and acknowledged that they executed the same
as their voluntary act and deed.
OFFICW. SEAL
ii~J JKtNE SANll\.ER
. . NolII)'PubIe.ro..
165002
My , EIp. MrJll, 1995
By:
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Property Address
STATE OF IOWA )
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JOHNSOH COUNTY )
On this ~ day of JuM.. , 1~, betore me, the undersigned, a Notary Public In and
I r said Co~n and State, personally appeared i'a,:IY ~ It 1th/lr\ and
to me known to be the Identical persons named In and who
execute the within and foregoing Instrument and acknowledged that they executed tht!\lame
as their voluntary act and deed. '0 ~ "i1
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NOTICE OF PUBLIC HEARING
,
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30p.m. on the 7th day of June,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider the
following:
1. A resolution to annex 18.6 acres
located south of the Iowa City
corporate limits, north of Rohret Road,
a.nd east of Slothower Road.
2. An ordinance amending the Zoning
Ordinance by changing the use
regulations of 18.6 acres of land
located south of the Iowa City
corporate limits, north of Rohret Road,
and east of Slothower Road from
County RS, Suburban Residential, to
ID-RS, Interim Development Single-
Family Residential.
r3:'I A resolution to sever (de-annexl an
V approximate 95 acres of land located in,
the northwest corner of Iowa City,
immediately south of the Iowa
Interstate Railway and east of the Iowa
City corporate limits.
Persons interested in expressing their views
concerning said items, either verbally or in
writing, will be given the opportunity to be
heard at the above-mentioned time and place,
MARIAN K. KARR, CITY CLERK
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RESOLUTION NO.
1
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RESOLUTION TO SEVER AN APPROXIMATE 95 ACRE TRACT OF LAND
LOCATED IN THE NORTHWEST CORNER OF IOWA CITY. IMMEDIATELY
SOUTH OF THE IOWA INTERSTATE RAILWAY.
WHEREAS, Reese F. Greer owns property legally described as follows:
,
Point of beginning at the center of the Northeast Quarter of Section 1,
Township 79 North, Range 7 West of the 5th P.M., thence south along the east
, line of the west half of the Northeast Quarter of Section 1, Township 79 North,
Range 7 West of the 5th P.M., thence west along the south line of the west
half of the Northeast Quarter of Section 1, Township 79 North, Range 7 West
of the 5th P.M. to a point where the southwest corner of the west half of the
Northeast Quarter, Township 79 North, Range 7 West of the 5th P.M. and the
Southeast corner of the Northwest Quarter, Township 79 North, Range 7 West
of the 5th P.M. do meet, thence north along the west line of the west half of
the Northeast Quarter to a point where the northwest corner of the Southwest
Quarter of the Northeast Quarter, thence north 404.25 feet, thence west
308.22 feet, thence north 1677.39 feet to a point on the south right-of-way
line of Heartland Rail Corp., thence southeasterly along said south line of said
right-of-way to a point on the east line of the Northwest Quarter of the
Northeast Quarter, Township 79 North, Range 7 West of tile 5th P.M., thence
south to the point of beginning
"
WHEREAS, Reese F. Greer has requested that this 95 acre tract of land be severed from the
City of Iowa City and annexed into the City of Coralville; and
WHEREAS, the City of Iowa City is unable to provide full municipal services for this property
at this time; and
WHEREAS, the portion of the subject; property located south of Clear Creek is in an
environmentally sensitive area containing wetlands, floodplains, steep slopes and woodlands;
and
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WHEREAS, development of that portion of the subject property may affect other properties
remaining in the corporate limits of the City of Iowa City; and
WHEREAS, the City of Coralville has agreed to allow the City of Iowa City to review and
approve all rezoning and subdivision proposals on the portion of the subject property lying
south of Clear Creek; and
WHEREAS, no public facilities are located on the subject property and, therefore, the City,
does not need to distribute assets or liabilities. '
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Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The property legally described above is hereby severed from the City of Iowa City
subject to annexation of the entire tract by the City of Coralville and execution of a
,28E agreement by the City of Coralville and the City of Iowa City granting the City of
Iowa City the authority to review and approve all zoning and subdivision proposals on
the portion of the subject property located south of Clear Creek.
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2.
As required by Iowa Code ~ 368.8 (1993), the City Clerk is hereby directed to certify
a copy of this Resolution and to file a copy of the Resolution, map and' a legal
description of the territory involved with the Johnson County Board of Supervisors, the
Iowa Department of Transportation, and the Secretary of State. The City Clerk is
further directed to record a copy of the map and Resolution with the Johnson County
Recorder.
,
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Passed and approved this
day of
,1994.
. ~:.
MAYOR
Approved by
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CITY CLERK
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It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
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AYES:
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Robert Miklo
Item: ANN94-0001. Deannexation.
Date: February 3, 1994
GENERAL INFORMATION:
Applicant:
Reese Greer
1201 27th Avenue
Coralville, IA 52241
351-5518
Requested action:
Deannexation of 95 acres.
Purpose:
To allow annexation by Coralville.
Location:
South of Highway 6 in the northwest
corner of corporate limits.
Size:
95 acres.
Comprehensive Plan:
Residential development 2-8 dwelling
units per acre - long range after the
year 2011.
Existing land use and zoning:
Agricultural and woodland; ID-RS.
Surrounding land use and zoning:
North - Commercial; City of Coralville
C2.
East - Agricultural and woodland; ID-
RS.
South - Agricultural and woodland; ID-
RS.
West - Agricultural and woodland; ID-
RS, and Johnson County RS.
SPECIAL INFORMATION:
Public utilities:
No sanitary sewer or water service is
available at this time or expected in the
near future.
Public services:
The Iowa City Police and Fire
Departments are responsible for
emergency service.
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2
Transportation:
Access is via Highway 6.
Physical characteristics:
Approximately 20 acres on the northern
portion of the property is used for
agricultural purposes. Most of the
remainder of the property is wooded.
Clear Creek crosses the property at a
diagonal from northwest to southeast.
North of the creek the property is
generally flat. South of the creek the
property slopes upward towards the
south. The majority of the property is
contained within the 1 00 year flood
plain.
BACKGROUND INFORMATION:
Reese Greer has requested that the City deannex or sever approximately 95 acres located in
the northwest corner of the corporate limits, south of Highway 6. The applicant has indicated
that if the City deannexes this property he would request that the City of Coralville annex it.
ANALYSIS:
Given its location in the far northwest corner of the city with frontage limited to Highway 6,
the subject property has no direct vehicular access to the remainder of Iowa City. The
property is not serviced by municipal utilities including water and sewer. It is unlikely that
such services can be provided in the short term due to the location of this property in the
Clear Creek watershed, which is outside of the sanitary sewer service area, identified in a
recent amendment to the Comprehensive Plan. As discussed below, the development
potential of much of the property may be limited due to environmental conditions. Given
these concerns, de annexation of the property subject to annexation by the City of Coralville
may be appropriate.
Access: As indicated on the location map, vehicular access to this property is limited to
Highway 6 which travels along the northeastern boundary. Because Clear Creek dissects the
property and due to limited development potential resulting from environmental conditions,
it is unlikely that the northern portion of the property will ever have access to Iowa City's
street network. A bridge would be required across Clear Creek in order to directly connect
the northern portion of the property to a future street network. Therefore, it will be difficult
for the City to provide services, such as police and fire protection for the portion of the
property north of Clear Creek if and when it develops.
Sanitary Sewer Service: As shown in the attached service area map, which depicts the
potential sanitary sewer service area of Iowa City, this property is located within the Clear
Creek watershed and cannot be served by a gravity flow sanitary sewer system. The area
could, however, be served by Coralville's sanitary sewer system.
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Environmental Conditions: As indicated on the attached location map, the portion of the
property adjacent to Highway 6, which is currently farmed, is outside of the floodplain of
Clear Creek and has more development potential than other portions of the property. Based
on information from floodplain maps, the Johnson County soil survey, and aerial photographs,
the development potential of much of the property may be constrained by the presence of
floodplain, hydric soils, woodland, and steep slopes. The portion of the property with the
greatest development potential is unlikely to be accessible via Iowa City's street network.
As discussed above, a large area of the portion of the subject property which is north of Clear
Creek may have limited development potential, cannot easily be integrated into the Iowa City
street network, and cannot be easily served with Iowa City utilities. For these reasons, it's
deannexation subject to its annexation by the City of Coralville appears to be appropriate.
The development potential of the portion of the property located south of Clear Creek is
limited by the same constraints, however, it may someday be directly accessible via the Iowa
City street network, and if it is ever developed it may have impacts on the adjacent properties
within Iowa City to the south. For this reason, it may be appropriate to deannex it subject
to a 28E agreement with the City of Coralville that would require Iowa City consent on
rezoning and subdivision applications for the property. The City would then have the ability
to review development proposals for the property and to take into consideration the
environmentally sensitive areas on the property, and the potential impacts of development of
this property on adjacent properties within the City limits.
STAFF RECOMMENDATION:
Staff recommends that the portion of the area requested for deannexation which is located
north of Clear Creek be approved subject to its annexation by the City of Coralville, and that
the portion of the property located south of Clear Creek be deannexed, subject to its
annexation by the City of Coralville and a 28E agreement providing for Iowa City's consent
on rezoning and subdivision applications for the property.
ATTACHMENTS:
1. Location Map.
2. Service Area Map.
Approved by:
Kari Franklin, Director
De artment of Planning and
Community Development
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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 24th day of May,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider the
following:
1. An ordinance amending the Zoning
Ordinance by changing the use regulations
of properties generally located on both
sides of Church Street between Dubuque
Street and Dodge Street from RM-12,
Medium Density Multi-Family Residential, to
RNC-12, Neighborhood Residential
Conservation Zone.
2. An ordinance amending Section 36-18 of
the Zoning Ordinance to modify the require-
'ments of the Neighborhood Commercial
(eN-l) zone.
3. An ordinance amending the Zoning
Ordinance by changing the use regulations
of four acres located west of Scott
Boulevard and north of Court Street from
CN-' to RM-20.
4. An ordinance amending Zoning Ordinance
Section 36-55Im)(1 I, Additional Regula-
tions, to permit religious institutions to be
established or expanded with access to a
collector street.
5. An ordinance amending the sign regulations
of the 1-1, 1-2, ORP and RDP zones to
permit awning signs.
6. An ordinance amending the Zoning
Ordinance to add Division 7, entitled
B "Minor Modifications." ,
7. An ordinance repealing the vacation of the
easterly ten feet of Maiden Lane south of
Court Street and north of Harrison Street.
Persons interested in expressing their views
concerning said items, either verbally or in
writing, will be given the opportunity to be
heard at the above.mentioned time and place.
MARIAN K. KARR, CITY CLERK
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NOTICE OF PUBLIC HEARING
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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 24th day of May,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider the
following:
1. An ordinance amending the Zoning
Ordinance by changing the use regulations
of properties generally located on both
sides of Church Street between Dubuque
Street and Dodge Street from RM-12,
Medium Density Multi-Family Residential. to
RNC-12, Neighborhood Residential
Conservation Zone.
2. An ordinance amending Section 36-18 of
the Zoning Ordinance to modify the require-
ments of the Neighborhood Commercial
(CN.l) zone.
3. An ordinance amending the Zoning
.ordinance by changing the use regulations
of four acres located west of Scott
Boulevard and north of Court Street from
CN.l to RM-20.
4. An ordinance amending Zoning Ordinance
Section 36-55(m1l1I, Additional Regula-
tions, to permit religious institutions to be
established or expanded with access to a
collector street.
5. An ordinance amending the sign regulations
of the 1-1, 1-2, ORP and RDP zones to
permit awning signs.
6. An ordinance amending the Zoning
Ordinance to add Division 7. entitled
G "Minor Modifications." ,
7. An ordinance repealing the vacation of the
easterly ten feet of Maiden Lane south of
Court Street and north of Harrison Street.
Persons interested in expressing their views
concerning said items, either verbally or in
writing, will beoiven the opportunity to be
heard at the above.mentioned time and place.
MARIAN K. KARR, CITY CLERK
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NOTICE OF PUBLIC HEARING
, :
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
7th day of June, 1994, at 7:30 p.m. in the
Council Chambers of the City of Iowa City, 410
E. Washington Street, Iowa City, Iowa,
regarding the intent to convey a vacated
portion of the Linn Street right-of-way located
north of Gilbert Street and west of Bention
Street to Merlin Hamm.
Persons interested in expressing their views
concerning this matter, either verbally or in
writing, will be given the opportunity to be
heard at the above-mentioned time and place.
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NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
THE ROHRET ROAD
RECONSTRUCTION PROJECT, PHASE 1
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 conduct a public hearing
on plans, specifications, form of contract and estimated
cost for the construction of the Rohret Road Recon-
struction Project, Phase 1, in said City at 7:30 p.m. on
the 7th day of June, 1994, said meeting to be held in the
Council Chambers in the Civic Center In said City.
Said plans, specifications, form of contract and estimat-
ed cost are now on file in the office of the City Clerk in
the Civic Center in Iowa City, Iowa, and may be inspect-
ed 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 Council of the
City of Iowa City, Iowa and as provided by law.
MARIAN K. KARR, CITY CLERK
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NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
MAIDEN LANE PEDESTRIAN
BRIDGE PROJECT
IN THE CITY OF 10lf:JA 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 Maiden Lane Pedestrian Bridge
Project in said City at 7:30 p,m, on the 7th day
of June, 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
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