HomeMy WebLinkAbout1994-09-27 Public hearing
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City of Iowa City
MEMORANDUM
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Date:
September 9, 1994
To:
Planning & Zoning Co
From:
Douglas W. Boothroy, Director, Dep rtme~ng & In pection Services
Sarah E. Holecek, Assistant City At orney _
City Administrative Review and A roval of Single Divisions f Land
.
Re:
We propose amending the City's subdivision regul ions to require any division of land (except
minor boundary line adjustments) to be administratively reviewed and approved by the City
prior to recording. The purpose of this amendment is to prevent division of land (i.e. dividing
a tract into two parcels) in violation of the zoning and subdivision regulations.
The City's subdivision code does not regulate the division of land until it is divided into three
or more parcels. Therefore, any single division of land within the city is not reviewed for
compliance with City codes prior to recording. This has created the problem of land being
divided in non-compliance with City regulations and, in some situations, done with the primary
purpose of circumventing City regulations. If illegal land divisions are discovered, it is after
recording which makes them difficult/impossible to bring into compliance, requires extensive
amounts of staff time, and often involves litigation. The problems created by illegal divisions
burden the City, property owners, and neighbors. Furthermore, they undermine the purpose
of the zoning and subdivision regulations. The proposed amendment involves the City in the
decision making process before costly mistakes are created. The expertise of City staff in
zoning and subdivision regulations would be used to help property owners properly divide land
rather than being unnecessarily wasted with unresolvable illegal divisions. (Note: Johnson
County and Coralville review single divisions.)
The proposed amendment provides administrative review of land divisions which addresses
the illegal land division problem by:
1. Preventing illegal division of land.
The early involvement of the City through the review of proposed land divisions before
land is conveyed provides early detection of problems and allows corrective action to
be taken. It is much easier to properly divide land than it is to correct mistakes after
a land division is recorded and property conveyed.
2.
Providing technical assistance to propert.Y owners in dividing land.
The City has the best expertise available regarding City zoning and subdivision
regulations. Under this proposal, property owners will be required to consult with the
City regarding the proper division of land prior to recording. City staff would provide
a service to property owners.
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3,
Issuing a Certificate of Compliance to document legal divisions.
The proposed amendment requires the City to issue a Certificate of Compliance for any
land division reviewed. This certificate is necessary for the recording of a division of
land. The certificate will be recorded, will document compliance with city regulations
on a specific date and will protect present and future property owners.
4. Reducing cost of enforcement.
City review and approval of land division prior to recording will eliminate illegal land
divisions and therefore reduce enforcement actions and costs.
5. Piggybacking on existing regulations/standards.
No additional zoning/subdivision regulations or standards are being proposed. The City
administrative review of land divisions is designed to check only for compliance with
,existing zoning and subdivision regulations.
6. Using City expertise in a positive manner which improves public relations.
This law would eliminate the confrontational nature that presently exists when illegal
land divisions are discovered. The City will be extending its expertise to help property
owners divide land in conformance with existing regulations, instead of being in a
position of threatening legal action to enforce compliance.
7.
Allowing minor boundary line adjustments without City review and approval.
The proposed amendment exempts from City review minor boundary line adjustments
(i.e. lot line relocations resulting in conveyance of less than 1,000 square feet of land).
While boundary ,line adjustments can create problems with Code compliance, it is our
experience that minor boundary line adjustments are not a problem and should be
exempted from review. However, boundary line adjustments resulting in transfer of
larger parcels are typically done to increase development potential and will impact the
overall development intensity in neighborhoods. Illegal major boundary line adjust-
ments are difficult to resolve and may create harm to existing neighborhoods; they
should be subject to City review and approval.
In closing, the sole purpose of the proposed administrative review of land divisions by Housing
and Inspection Services and the City Attorney's office is to make existing laws work better
by achieving compliance in the easiest manner possible, which is working with citizens by
helping them divide land. Early detection and problem solving of land division issues is a more
efficient and effective use of public and private resources than litigation after the fact. Given
the opportunity, most property owners prefer compliance, and this amendment will clearly
provide that opportunity.
Thank you for your consideration of this matter.
b~divl.nd
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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 27th day of
September, 1994, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at v,:hich hearing the Council will
consider:
1. An ordinance amending the Zoning
Ordinance to allow crematoriums as an
~ccessory use to a funeral home.
Vn ordinance amending the Zoning
Ordinance to change the use regulations of
a 5.52 acre property located immediately
across from Stevens Drive east of
Waterfront Drive from CO.1, intensive
Commercial, to CC-2, Community
Commercial. (REZ94.0010)
3. A resolution to annex a 1.02 acre parcel
located north of Scott Park Drive. (ANN94.
0009)
4. An ordinance amending the Zoning
Ordinance by changing the use regulations
of a 1.02 acre parcel located north of Scott
Park Drive from County RS, Suburban
Residential, to RS-5, Low Density Single-
Family Residential. (REZ94.0011)
Copies of the proposed resolution and
ordinances 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 City Council consideration are
encouraged to appear 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 CONDITIONALLY
CHANGING THE LAND USE REGULATIONS
OF APPROXIMATELY 5.52 ACRES OF LAND
LOCATED EAST OF WATERFRONT DRIVE
AND THE CRANDIC RAILROAD RIGHT-OF-
WAY, IOWA CITY, IOWA, FROM CI.1,
INTENSIVE COMMERCIAL, TO CC-2,
COMMUNITY COMMERCIAL.
WHEREAS, John and Frieda Rummelhart
and Boyd and Rummelhart, Inc" the Owners,
and Hy-Vee Foot Stores, Inc.. the Contract
Purchaser (hereinafter "applicant") have
requested that the City rezone 5,52 Acres of
Land located east of Waterfront Drive and the
CRANDIC Railroad right-of-way, Iowa City,
Iowa, from CI-1, Intensive Commercial, to CC-2,
Community Commercial; and
WHEREAS, the subject property is located
adjacent to an existing area of community
commercial development; and
WHEREAS, the City deems it appropriate to
expand the existing commercial area if concerns
regarding traffic, improvements and adequate
infrastructure to accommodate community
commercial development are addressed and
provisions for the same are made; and
WHEREAS, the Planning and Zoning
Commission recommended approval of the
requested rezoning subject to conditions for the
provision of adequate infrastructure and traffic
improvements; and
WHEREAS, Iowa law provides that the City
of Iowa City may impose reasonable conditions
on granting applicant's rezoning request, over
and above existing regulations, to satisfy public
needs directly caused by the requested change;
and
WHEREAS, the owners and applicant have
agreed to the terms and conditions contained in
the Conditional Zoning Agreement, attached
hereto and incorporated by this reference; and
WHEREAS, the owners and applicant
acknowledge that the terms and conditions
contained in the Conditional Zoning Agreement
are reasonable to impose on the land under
Iowa Code 9414,5(1993) and satisfy public
needs directly caused by the requested zoning
change.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. APPROVAL. Subject to the terms
and conditions of the attached Conditional
Zoning Agreement as authorized by 9414.5,
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Ordinance No,
Page 2
Code of Iowa (1993), the property legally
described below is hereby reclassified from its
present classification of CI-1, Intensive
Commercial, to CC-2, Community Commercial:
South Portion of Frieda & John
Rummelhart Tract: Commencing at a point
which is N87029'40"E, 237.4 feet from the
Southwest Corner of the Southeast Quarter,
Section 15, Township 79 North, Range 6
West of the 5th P,M,; Thence N87038'40"E,
,715,05 feet along the South Line of said
Southeast quarter; Thence NOoo1TOO"W,
363.30 feet; Thence S89'43'OO"W, 166,00
feet; Thence NOoo1TOO"W, 99,94 feet;
Thence S89041'00"W, 230,37 feet to the
Point of Beginning; Thence SOOO1TOO"E,
84.90 feet; Thence S89'41'OO"W, 541.80
feet to a point 14,00 feet normally distant
from the Centertine of an existing railroad
track; thence N03051'00"W, 85,00 feet to a
point 14,00 feet normally distant from said
Centerline of railroad tracks; Thence
N89'41'OO"E, 547,09 feet to the Point of
Beginning, subject to easements and
restrictions of record.
Former 'Lewis Tract: Commencing, at
the Southwest Corner of the Southeast
Quarter of Section 15, Township 79 North,
Range 6 West of the Fifth Principal
Meridian; Thence N87029'40"E along the
South Line of the Southwest Quarter of the
Southeast Quarter of said Section 15,237.4
feet to the POINT OF BEGINNING; Thence
N08055'45"W, 60,00 feet; Thence
S8P29'40"W, 10,00 feet; Thence
N08055'45"W, 112,00 feet; Thence
S87'29'40"W, 90.00 feet to a point on the
Easterly Right,of-Way Line of Waterfront
Drive; Thence N45038'50"W along the
Easterly line of Waterfront Drive, 123,87
feet to a point on the East Right-of-Way line
of the C.R,!. & P,R,R.; Thence
N04'OO'10'W along said East Right-of-Way
line 152.44 feet; Thence N89041'00"E,
542.14 feet to a point on the West Line of
Boyrum Subdivision Part 2, recorded in Plat
book 24 at Page 12 in the office of the
Johnson County Recorder; Thence
SOoo17'OO"E along said West Line, 393,62
feet to the Southwest Corner of Lot 1 of
said Boyrum Subdivision, Part 2; Thence
S87029'40"W along the North Line of Block
5, Braverman Center, Parts 1 and 2,
recorded in Plat Book 8 at Page 69 in the
Office of the Johnson County Recorder,
318.68 feet to the Point of Beginning.
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Ordinance No,
Page 3
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and
Commencing at a point on the east line
of the public highway known as the Wapello
Road, said point being 137.4 feet east and
112 feet northerly measured along the east
line of said road from the Southwest corner
of the Southeast Quarter of Section 15,
Township 79 North, Range 6 West of the
5th P,M" thence east parallel with the South
line of Section 15, 90 feet, thence in a
northerly direction parallel with the East line
of said Wapello Road, 60 feet, thence West
parallel with the South line of said Section
15, 90 feet to the East line of said Wapello
Road, thence in a Southerly direction along
the East line of said road 60 feet to the
place of beginning, ,
Former Baculis Tracts: Commencing at
a point on the east line of the public
highway known as the Wapello Road, said
point, being 137.4 feet east and 60 feet
northerly measured along the east line of
said road, from the southwest corner of the
southeast quarter of Section 15, Township
79 North, Range 6 West of the 5th P,M"
running thence northerly along the east line
of said Wapello Road, 52 feet, thence east
parallel with the south line of said Section
15, 90 feet, thence southerly parallel with
the east line of said Wapello Road, 52 feet,
thence westerly to the point of beginning.
and
Commencing at a point on the south line
of section fifteen (15) in township seventy-
nine (79) north, range six (6) west of the 5th
P,M" said point being on the east side of
the public highway known as the Wapello
Road and being 137.4 feet east of the
southwest corner of the southeast quarter of
said section 15, (said corner being marked
by a stone), thence east along the south
line of said section 100 feet, thence in a
northwesterly direction parallel with the east
line of said Wapello Road, 60 feet, thence
west 100 feet to the east line of said
Wapello Road, thence in a southeasterly
direction along the east line of said Wapello
Road 60 feet, more or less, to the point of
beginning,
SECTION II, ZONING MAP, The Building
Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon the
final passage, approval and publication of this
Ordinance as provided by law.
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Ordinance No,
Page 4
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SECTION III, CONDITIONAL ZONING
AGREEMENT, CERTIFICATION AND
RECORDING, The Mayor is hereby authorized
and directed to sign, and the City Clerk to attest,
the attached Conditional Zoning Agreement
between the City of Iowa City, the Owners and
the Applicant. The City Clerk is further
authorized and directed to certify a copy of this
Ordinance and the Conditional Zoning
Agreement which shall be recorded by the
applicant at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and
publication 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, as required
by law,
Passed and approved this
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MAYOR
ATTEST:
CITY CLERK
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corpora-
tion (hereinafter "City"), John and Frieda Rummelhart and Boyd and Rummelhart, Inc.
(hereinafter "Owners") and Hy-Vee Food Stores, Inc. (hereinafter "Applicant").
WHEREAS, Applicant has contracted to purchase approximately 5.52 acres of land located
east of Waterfront Drive and the CRANDIC Railroad right-of-way, Iowa City, Iowa; and
WHEREAS, Applicant, as contract purchaser, and Owners, as legal title holder, have requested
the City rezone the 5.52 acres of land located east of Waterfront Drive and the CRANDIC
Railroad right-of-way, from CI-1,lntensive Commercial, 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, Owners and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure appropriate commercial development and ensure adequate traffic
circulation and adequate public infrastructure to accommodate community commercial
development.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Applicant'
and Owners agree as follows:
1, John and Frieda Rummelhart and Boyd and Rummelhart, Inc. are the owners and legal
title holders of the property located east of Waterfront Drive and the CRANDIC Railroad
right-of-way, legally described as follows:
South Portion of Frieda & John Rummelhart Tract: Commencing at a
point which is N870 29'40"E, 237.4 feet from the Southwest Corner of
the Southeast Quarter, Section 15, Township 79 North, Range 6 West
of the 5th P.M.; Thence N87038'40"E, 715.05 feet along the South
Line of said Southeast quarter; Thence NOOo 17'00"W, 363.30 feet;
Thence S89043'OO"W, 166.00 feet; Thence NOOo 17'OO"W, 99.94
feet; Thence S89041'OO"W, 230.37 feet to the Point of Beginning;
Thence SOOo 17'OO"E, 84.90 feet; Thence S89041'OO"W, 541.80 feet
to a point 14.00 feet normally distant from the Centerline of an existing
railroad track; thence N03 o51'OO"W, 85.00 feet to a point 14.00 feet
normally distant from said Centerline of railroad tracks; Thence
N89041'OO"E, 547.09 feet to the Point of Beginning, subject to
easements and restrictions of record.
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Former Lewis Tract: Commencing at the Southwest Corner of the
Southeast Quarter of Section 15, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence N87029'40"E along the South Line
of the Southwest Quarter of the Southeast Quarter of said Section 15,
237.4 feet to the POINT OF BEGINNING; Thence N08055'45"W, 60.00
feet; Thence S87029'40"W, 10.00 feet; Thence N08055'45"W,
112.00 feet; Thence S87029'40"W, 90.00 feet to a point on the
Easterly Right-of-Way Line of Waterfront Drive; Thence N45038'50"W
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along the Easterly line of Waterfront Drive, 123.87 feet to a point on the
East Right-of-Way line of the C.R.I. & P.R.R.; Thence N04000'10"W
along said East Right-of-Way line 152.44 feet; Thence N89041'OO"E,
542.14 feet to a point on the West Line of Boyrum Subdivision Part 2,
recorded in Plat riJok 24 at Page 12 in the office of the Johnson County
Recorder; Thence SOQo 17'QO"E along said West Line, 393.62 feet to
the Southwest Corner of Lot 1 of said Boyrum Subdivision, Part 2;
Thence S87029'40"W along the North Line of Block 5, Braverman
Center, Parts 1 and 2, recorded in Plat Book 8 at Page 69 in the Office
of the Johnson County Recorder, 318.68 feet to the Point of Beginning.
and
Commencing at a point on the east line of the public highway known as
the Wapello Road, said point Iieing 137.4 feet east and 112 feet
northerly measured along the east line of said road from the Southwest
corner of the Southeast Quarter of Section 15, Township 79 North,
Range 6 West of the 5th P.M., thence east parallel with the South line
of Section 15, 90 feet, thence in a northerly direction parallel with the
East line of said Wapello Road, 60 feet, thence West parallel with the
South line of said Section 15, 90 feet to the East line of said Wapello
Road, thence in a Southerly direction along the East line of said road 60
feet to the place of beginning.
FormerBaculis Tracts: Commencing at a point on the east line of the
public highway known as the Wapello Road, said point, being 137.4 feet
east and 60 feet northerly measured along the east line of said road,
from the southwest corner of the southeast quarter of Section 15,
Township 79 North, Range 6 West of the 5th P.M., running thence
northerly along the east line of said Wapello Road, 52 feet, thence east
parallel with the south line of said Section 15, 90 feet, thence southerly
parallel with the east line of said Wapello Road, 52 feet, thence westerly
to the point of beginning.
and
Commencing at a point on the south line of section fifteen (15) in
township seventy-nine (79) north, range six (6) west of the 5th P.M.,
, said point being on the east side of the public highway known as the
Wapello Road and being 137.4 feet east of the southwest corner of the
southeast quarter of said section 15, (said corner being marked by a
, stone), thence east along the south line of said section 100 feet, thence
in a northwesterly direction parallel with the east line of said Wapello
Road, 60 feet, thence west 100 feet to the east line of said Wapello
Road, thence in a southeasterly direction along the east line of said
Wapello Road 60 feet, more or less, to the point of beginning.
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Applicant and Owners acknowledge'that the City wishes to ensure appropriate com-
mercial development and adequate traffic circulation, and therefore, agree to certain
conditions over and above City regulations to ensure that the area contains adequate
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public infrastructure and traffic improvements to accommodate community commercial
development.
3. In consideration of the City's rezoning the subject property from CI-1, Intensive
Commercial, to CC-2, Community Commercial, the Owners and Applicant agree that
development and use of the subject property will conform to the requirements of the
CC-2 Zone, as well as the following additional conditions:
a. Waterfront Drive will be reconfigured and Stevens Drive will be extended across
the railroad to provide access to the property from the west, in accord with
plans and specifications approved by the Iowa City Public Works Department,
and the applicant will be responsible for the cost of the Stevens Drive railroad
crossing improvements in conformance with said plans.
b. The Director of Planning and Community Development will approve a concept
plan for site layout and landscaping; including driveway locations, landscape,
islands, and plantings for the separation of the loading dock/service area from
any public or employee parking areas,
c. The applicant will be responsible for the relocation of the sanitary sewer line
which currently crosses this property, in accord with plans anq specifications
approved by the Iowa City Public Works Department.
d. The applicant will contribute to the cost of improving Waterfront Drive to the
south of the site, in accord with plans and specifications approved by the Iowa
City Public Works Department at either 50% of the total cost, or $60,000,
whichever is less.
4.
Applicant and Owners acknowledge that the conditions 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.
5.
Applicant and Owners 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.
6.
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 effect
as a covenant running with the title to the land unless or until released of record 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.
7.
The Applicant and Owners acknowledge that nothing in this Agreement shall be
construed to relieve the Applicant from complying with all applicable local, state and
federal regulations.
8.
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.
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Dated this
day of
,1994.
CITY OF IOWA CITY, IOWA
By:
Susan M. Horowitz, Mayor
By:
Marian K. Karr, City Clerk
OWNER
By:
John and Frieda Rummelhart
By:
Boyd and Rummelhart, Inc.
John Rummelhart, Jr., President
APPLICANT
By:
Hy-Vee Food Stores, Inc.
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JOHNSON COUNTY I
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 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
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STATE OF I '
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COUNTY I
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 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
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On this day of , 1994, before me,
I 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 Ordinance 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.
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STATE OF IOWA I
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JOHNSON COUNTY I
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City of Iowa City
MEMORANDUM
Date: August 26, 1994
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ94.0009, Hy-Vee Food Inc.
As outlined in the July 21 staff report and August 4 staff memorandum regarding this application,
staff has recommended approval subject to the following issues being addressed in a conditional
zoning agreement:
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1. Waterfront Drive will be reconfigured and Stevens Drive will be extended across the
railroad to provide access to the property from the west. The applicant will be responsible
for the cost of the Stevens Drive railroad crossing. The City will rebuild Waterfront Drive
and Stevens drive west of the railroad.
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2. The Director of Planning and Community Development will approve a concept plan for site
layout and landscaping; including driveway locations and plantings for the separation of
the loading dock/service area from any public or employee parking areas.
3. The applicant will be responsible for the relocation of the sanitary sewer line which
currently crosses this property.
4. The applicant will contribute to the cost of improving Waterfront Drive to the south of the
site.
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City of Iowa City
MEMORANDUM
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Date: August 4, 1994
To: Planning & Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ94-0009, Hy-Vee Food Inc.
The Planning and Zoning Commission has requested information regarding the schedule of public
improvements in the vicinity of the proposed Hy-Vee site. The City Engineer has indicated that
the connection of the two wastewater treatment plant facilities will occur between the fall of 1995
and the fall of 1997. In conjunction with this project, the portion of Waterfront Drive, which is
located west of the Crandic Railroad, will be rebuilt. If possible, a more specific estimate
regarding the timing of the construction of this section of the wastewater treatment and street
rebuilding project will be available at the Commission's meeting.
The City Engineer has also indicated that the extension of Southgate Avenue to the west from
its current intersection with Waterfront Drive will occur in the fiscal year 1997. Actual construction
might begin as early as July 1996. The City has only programmed funds to extend Southgate
across the railroad tracks. The City is negotiating with Paul Kennedy, the owner of the property
between the railroad tracks and Gilbert Street, to extend the street farther west to Gilbert Street.
The Commission may wish to consider a recommendation to the City Council that the Southgate
Avenue extension be given higher priority in the capital improvements program, if the proposed
Hy-Vee rezoning is to be approved.
As outlined in the July 21 staff report, the following issues should be addressed in a conditional
rezoning agreement: '
Waterfront Drive will be reconfigured and Stevens Drive will be extended across the
railroad to provide access to the property from the west. The applicant will be responsible
for the cost of the Stevens Drive railroad crossing. The City will rebuild Waterfront Drive
and Stevens Drive west of the railroad.
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The Director of Planning and Community Development will approve a concept plan for site
layout and landscaping; Including driveway locations and plantings for the separation of
the loading dock/service area from any public or employee parking areas.
The applicant will be responsible for the relocation of the sanitary sewer line which
currently crosses this property.
The Commission also discussed the following conditions at its July 18 and July 21 meetings:
1. The applicant will contribute to the cost of improving Waterfront Drive to the south of the
site.
2. The timing of construction will be coordinated with the construction of Waterfront Drive and
Southgate Avenue.
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Robert Miklo
Item: REZ94-0009. Hy-Vee Food Stores Inc.
Date: July 21
GENERAL INFORMATION:
Applicant:
Hy-Vee Food Stores, Inc.
1801 Osceola Ave.
Chariton, IA
Contact person:
Dennis Aussenhus
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Purpose:
To permit construction of a grocery store.
Location:
East of Water Front Drive (south of
existing Hy-Vee Food Store).
Size:
5.52 acres
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Comprehensive Plan:
Intensive Commercial
Existing land use and zoning:
Commercial and Undeveloped; CI-1
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Surrounding land use and zoning:
North - Commercial; CC-2
East . Commercial; CI-1
South - Commercial; CI-'
West - Commercial; CI-'
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File date:
June 16, 1994
45-day limitation period:
August 1, 1994
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BACKGROUND INFORMATION:
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Hy-Vee Food Stores Inc. has asked that the subject 5.52 acre property be rezoned from CI-1
to CC-2 to allow the construction of a new grocery store. The subject property is to the
south of the existing Hy-Vee, Drug Town stores and Contractors Tool and Supply located on
Highway 6. The existing Contractors Tool and Supply building would be removed and the site
would become part of the Hy-Vee parking lot. The existing Hy-Vee and Drug Town stores
would become available for other retail uses.
ANALYSIS:
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Land Use Compatibility: The proposed rezoning area contains one of the few large vacant
tracks in the commercial area located south of Highway 6. The surrounding areas are
generally developed with commercial land uses. Properties to the north, which front along
Highway 6, are zoned CC-2 and generally developed with retail commercial uses, however
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there are some intensive commercial uses such as automobile dealerships located along the
Highway 6 frontage. The areas to the east, south, and west are zoned CI-1 and developed
with generally more intensive commercial uses. The proposed rezoning would extend the
retail type commercial uses to the south farther away from Highway 6. The proposed zoning
pattern would be similar to the zoning pattern in the vicinity of EconoFoods and the K-Mart
shopping center approximately 1/4 mile to the east, and in general would be compatible with
the existing and planned land uses in the area. However, the proposed CC-2 rezoning is likely
to lead to development of uses which generate more traffic than would be expected in the
existing CI-' zone. Because of the street configuration and existence of an operating railroad
in this area, this increased traffic potential should be examined closely.
Transportation: Access to the subject site is via Boyrum Street on the east, Waterfront Drive
and Stevens Drive from the west. From Boyrum Street traffic is generally anticipated to be
coming from and traveling to Highway 6 and the Pepperwood area to the south. From
Waterfront Drive traffic will generally be going to and coming from Gilbert Street approximate-
ly 1/4 mile to the west. Access from the west will require a railroad crossing. It should be
noted that the northern access point is the existing westerly access point to the existing Hy-
Vee store and a railroad crossing is already in place.
The existing Waterfront Drive railroad crossing south of Stevens Drive is not an ideal situation
for traffic safety reasons. Because this proposed development is expected to generate
considerably more traffic in this area, it would not be appropriate to allow access to the
Hy-Vee site from the west via the present configuration of Waterfront Drive. Staff has been
working with the applicant to devise a plan which would improve access from the west. The
concept plan enclosed (Exhibit A) illustrates the possible reconfiguration of Waterfront Drive
and Stevens Drive to provide access from the west to the proposed Hy-Vee site. This plan
is further discussed below.
Another concern regarding access by Waterfront Drive is the intersection of Waterfront Drive
with Gilbert Street. This existing intersection occurs approximately 200 feet south of the
intersection of Highway 6 and Gilbert Street. There are currently problems with vehicles
stacking on Gilbert Street when stopping for the light at the intersection of Gilbert Street and
Highway 6. Numerous commercial driveways onto Gilbert Street in this vicinity also
contribute to traffic congestion in this area. This situation could be expected to be
compounded with the construction of a larger grocery store on the site subject to rezoning.
These traffic-related concerns should be addressed as a condition of the proposed rezoning.
There is an opportunity for the City to work with the applicant and other property owners in
the vicinity to improve the general street layout and traffic flow in the subject area. This
would require the reconfiguration and possible vacation of portions of Waterfront Drive. As
part of this undertaking portions of Waterfront Drive could be utilized by private property
owners; existing curb cuts on to Gilbert Street could be reconfigured and improved parking
lots with internal access between properties could be achieved; the curve on Waterfront Drive
could be eliminated and a primary access to the proposed Hy-Vee site via Stevens Drive could
be achieved. Staff has been working with the applicant and persons who own property
adjacent to Waterfront Drive regarding the proposed improvements in this area.
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In conjunction with the construction of the trunk line connecting the north and south
wastewater treatment plants, the City will be rebuilding Waterfront Drive. The realignment
of Stevens Drive and Waterfront Drive can be done in conjunction with that project. The
improvements east of Waterfront Drive would be the responsibility of the applicant. The
applicant would also be required to purchase the vacated portion of Waterfront Drive east of
the railroad tracks.
The applicant has indicated the desire to have a traffic signal at the intersection of Gilbert
Street and Stevens Drive. The Traffic Engineer has examined the intersection and determined
that at this time a traffic signal is not warranted. It also may not be warranted if the proposed
Hy-Vee development is built. The Traffic Engineer has indicated that he will study the
requirement for traffic lights on Gilbert Street at both the Stevens Drive and Southgate
Avenue intersections after the proposed Hy-Vee and Southgate Avenue are constructed. The
Southgate Avenue improvements are in the fiscal year 1997 capital improvements program.
It may be appropriate for the City Council to consider advancing this project in the capital
improvements program so that it occurs simultaneously with the sanitary sewer improvements
that are programmed for this area. This decision will require the Council to weigh the other
priorities in the capital improvements program.
Site Design: Given the size of the proposed project in this area, staff proposes that site plan
review conditions similar to those placed on other large developments, such as Eagle Foods,
Menards and Westport Plaza, be placed upon this proposed rezoning. This condition would
require that the Director of Planning and Community Development approve a concept plan and
a landscaping plan.
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Sanitary Sewer: The Public Works Department is currently planning the reconstruction of
sanitary sewer in this area. These improvements will assure that sufficient sanitary sewer
capacity is available for this and surrounding developments. An existing sanitary sewer line
and easement are located in the area proposed for the Hy-Vee Food Store. This line will need
to be relocated at the applicant's expense if the new store is to be built in the location shown
on the concept plan.
SUMMARY:
1,1
The proposed rezoning of the subject property to allow the construction of a retail grocery
store appears to be compatible with the zoning and development pattern in the general area.
The proposed rezoning and development will, however result in an increase in traffic in an area
that currently has traffic congestion and poor circulation. It may be possible to reconfigure
Waterfront Drive to minimize this concern. This will require the coordinated efforts of
adjacent property owners and the City.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning of the subject property from CI-l to CC-2 subject
to a conditional zoning agreement that addresses the entrance to the property via Waterfront
Drive; requires concept plan approval by the Director of Planning and Community Develop-
ment; and requires the property owner to relocate the sanitary sewer line and easement
currently located on the property.
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Exhibit A - Hy-Vee Concept Plan.
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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 27th day of
September, 1994, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
consider:
1. An ordinance amending the Zoning
Ordinance to allow crematoriums as an
accessory use to a funeral home.
2. An ordinance amending the Zoning
Ordinance to change the use regulations of
a 5.52 acre property located immediately
across from Stevens Drive east of
Waterfront Drive from CO-l, intensive
Commercial, to CC-2, Community
Commercial. (REZ94,00101
;3.11 A resolution to annex a 1.02 acre parcel
D located north of Scott Park Drive. (ANN94-
00091
4. An ordinance amending the Zoning
Ordinance by changing the use regulations
of a 1.02 acre parcel located north of Scott
Park Drive from County RS, Suburban
Residential, to RS-5, Low Density Single-
Family Residential. (REZ94-00111
Copies of the proposed resolution and
ordinances are on file for public examination in
the office of the City Clerk, Civic Center, Iowa
City,lowa. Persons wishing to make their
views known for City Council consideration are
encouraged to appear 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 1.02 ACRE PARCEL OF LAND LOCATED NORTH ON SCOTT PARK
DRIVE EXTENDED.
WHEREAS, Plum Grove Acres, Inc. owns an approximate 1.02 acre parcel of land located
north on Scott Park Drive extended; and
WHEREAS, Diane Boyd, on behalf of property owner Plum Grove Acres, Inc., has requested
annexation of the 1.02 acre parcel into the City of Iowa City, Iowa; and
WHEREAS, this tract is contiguous to the corporate limits ,of the City; and
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WHEREAS, pursuant to, Iowa Code ~368.7 (1993), notice of the application for annexation
was sent by certified mail to the Johnson County Board of Supervisors and the East Central
Iowa Council of Governments; and
WHEREAS, the Johnson County Board of Supervisors and the East Central Iowa Council of
Governments have made no comment on the proposed annexation.
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:
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Beginning at the Northeast Corner of Lot 64, of Scott Boulevard
East, Part Two, in accordance with the Plat thereof, Recorded in
Plat Book 33, at Page 225, of the Records of the Johnson
County Recorder' s'Office; Thence S89 0 14'45"W, (A RECORDED
BEARING), along the North Line of said Subdivision, 22.39 feet,
to its intersection with the existing Corporate Limit Line of the
City of Iowa City; Thence N00053'13"W, 110.00 feet along said
Corporate Line; Thence N890 14'45"E, 399.21 feet, to a Point on
the Line of the Existing Fence; Thence SOoo21 '31 liE, along said
Line of Existing Fence, 111.00 feet, to its intersection with the
North Line of said Scott Boulevard East, Part Two; Thence
S890 14'45"W, (A RECORDED BEARING), along said North Line,
375.81 feet, to the Point of Beginning. Said Tract of Land
contains 1.02 Acres, more or less, and is subject to easements
and restrictions of record.
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The City Clerk is hereby authorized and directed to certify and file the necessary
doc'uments as required by Iowa Code, ~368.7.
Passed and approved this
day of
,1994.
MAYOR
A~by'
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ATTEST:
CITY CLERK
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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 27th day of
September, 1994, in the Civic Center Council
Chambers, 410 E. Washington' Street, Iowa
City, Iowa; at which hearing the Council will
consider: .
1. An ordinance amending the Zoning
Ordinance to allow crematoriums as an
accessory use to a funeral home.
2. An ordinance amending the Zoning
Ordinance to change the use regulations of
a 5.52 acre property located, immediately
across from Stevens Drive east of
Waterfront Drive from CO-1, intensive
Commercial, to CC-2, Community
Commercial. IREZ94-00101
3. A resolution to annex a 1.02 acre parcel
located north of Scott Park Drive. (ANN94-
, 0009)
~ An ordinance amending the Zoning
V Ordinance by changing the use regulations
of a 1.02 acre parcel located north of Scott
Park Drive from County RS, Suburban
Residential, to RS-S, Low Density Single-
Family Residential. (REZ94-0011)
Copies of the proposed resolution and
ordinances 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 City Council consideration are
encouraged to appear at the above-mentioned
time and place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO.
"
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE REGULA-.
TIONS OF APPROXIMATELY 1.02 ACRES OF
LAND LOCATED NORTH ON SCOTr PARK
DRIVE EXTENDED, IOWA CITY, IOWA.
WHEREAS, the Applicant, Diane Boyd, on
behalf of property owner Plum Grove Acres,
Inc., has requested rezoning approximately
1.02 acres of land located north on Scott Park
Drive extended, from County RS, Suburban
Residential, to RS-5, Low Density Single-Family
Residential; and
WHEREAS, Iowa law provides that the City
of Iowa City may impose reasonable conditions
on granting rezoning requests, over and above
existing regulations, to satisfy public needs
directly caused by the requested change; and
WHEREAS, pursuant to the annexation policy
of the City's Comprehensive Plan, the proposed
rezoning is subject to the developer agreeing to
pay all of the costs associated, with providing
infrastructure for development of the subject '
property; and
WHEREAS, the property owner has acknowl,
edged and agreed that this development shall
absorb all costs associated with the develop'
ment\ including costs normally subsidized by
the City; and
WHEREAS, the subject 1.02 acre parcel is
not a separate tract of land from the 15.46
acre Auditor's Parcel A; and
WHEREAS, upon conveyance of the subject
parcel, or portions thereof, to new ownership,
a plat of survey is required to be executed and
recorded; and
WHEREAS, the property owner has agreed to
the execution and recordation of the plat of
survey upon conveyance of the subject proper-
ty to new ownership; and
WHEREAS, the property owner acknowledg-
es that certain conditions and restrictions are
appropriate in order to ensure appropriate urban
development on the eastern edge of Iowa City,
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA: .
SECTION I. APPROVAL. Subject to the terms
and conditions of the. Conditional Zoning Agree,
ment and Section 414.5, Iowa Code, the
property described below Is hereby classified
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Ordinance No.
Page 2
from its present classification of County RS to
RS-5: ,
Beginning at the Northeast Corner of Lot
64, of Scott Boulevard East, Part Two, in
accordance with the Plat thereof, Record-
ed in Plat Book 33, at Page 225, of the
Records of the Johnson County Recorder's
Office; Thence SSgo14'45"W, IA
RECORDED BEARING), along the North
Line of said Subdivision, 22.39 feet, to its
intersection with the existing Corporate
Limit Line of the City of Iowa City; Thence
NOoo53'13"W, 110.00 feet along said
Corporate Line; Thence NS9014'45"E,
399.21 feet, to a Point on the Line of the
Existing Fence; Thence SOoo21'31"E,
along said Line of Existing Fence, 111,00
feet, to its intersection with the North Line
of said Scott Boulevard East, Part Two;
Thence SS9014'45"W, (A RECORDED
BEARING), along said North Line 375,Sl
feet, to the Point of Beginning. Said Tract
of Land contains 1.02 Acres, more or less,
and is subject to easements and restric-
tions of record.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa
City, Iowa, to conform to this amendment upon
the final passage, approval and publication of
this Ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORD-
ING. The City Clerk is hereby authorized and
directed to certify a copy of this Ordinance
which ,shall be recorded by the owner at the
Office of the County Recorder of Johnson
County, Iowa, upon final passage and pUblica-
tion as prOVided by law.
SECTION IV. CONDITiONAL AGREEMENT.
The Mayor is hereby authorized and directed to
sign, and the City Clerk to attest, the Condi-
tional Zoning Agreement, and to certify the
Conditional Zoning Agreement for recordation
in the Johnson County Recorder's Office.
SECTION V. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall no't affect the validity of the
Ordinance as a whole or any section, provision
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or part thereof not adjudged invalid or unconsti-
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SECTION VII. EFFECTIVE DATE. This Ordi-
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approval and publication, as provided by law.
Passed and approved this
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ATTEST:
CITY CLERK
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CONDITIONAL ZONING AGREEMENT
This Agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City") and Plum Grove Acres, Inc., an Iowa Corporation (hereinafter "Owner"l.
WHEREAS, the Owner, Plum Grove Acres, Inc., via Applicant Diane Boyd, has requested
rezoning approximately 1.02 acres of land located north on Scott Park Drive extended, from
County RS, Suburban Residential, to RS-5, Low Density Single-Family Residential; and
WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions
on granting rezoning requests, over and above existing regulations, to satisfy public needs
directly caused by the requested change; and
WHEREAS, pursuant to the annexation policy of the City's Comprehensive Plan, the proposed
rezoning is subject to the developer agreeing to pay all of the costs associated with providing
infrastructure for development of the subject proper~y; and
WHEREAS, the Owner has acknowledged and agreed that this development shall absorb all
costs associated with the development, including costs normally subsidized by the City; and
WHEREAS, the subject 1.02 acre parcel is not a separate tract of land from the 15.46 acre
Auditor's Parcel A; and
WHEREAS, upon conveyance of the subject parcel, or portions thereof, to new ownership,
a plat of survey is required to be executed and recorded; and
WHEREAS, the Owner has agreed to the execution and recordation of the plat of survey upon
conveyance to new ownership of the subject property; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are appropriate
in order to ensure appropriate urban development on the eastern edge of Iowa City.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties
agree as follows:
1. Plum Grove Acres, Inc. is the owner and legal title holder of the property located north
on Scott Park Drive extended, which property is more particularly described as follows:
Beginning at the Northeast Corner of Lot 64, of Scott Boulevard East,
Part Two, in accordance with the Plat thereof, Recorded in Plat Book
33, at Page 225, of the Records of the Johnson County Recorder's
Office; Thence S89014'45"W, (A RECORDED BEARING), along the
North Line of said Subdivision, 22.39 feet, to its intersection with the
existing Corporate Limit Line of the City of Iowa City; Thence
NOoo53'13"W, 110.00 feet along said Corporate Line; Thence
N890 14'45"E, 399.21 feet, to a Point on the Line of the Existing Fence;
Thence SOoo 21'31 "E, along'said Line of Existing Fence, 111.00 feet,
to its intersection with the North Line of said Scott Boulevard East, Part
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Two; Thence S890 14'45"W, (A RECORDED BEARINGl, along said North
Line 375.81 feet, to the Point of Beginning. Said Tract of Land contains
1.02 Acres, more or less, and is subject to easements and restrictions
of record.
2. The Parties acknowiedge that, pursuant to the annexation policy contained in the
City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing
to pay all of the costs associated with providing infrastructure for development of the
subject tract, including, but not limited to extension of the 28-foot wide Scott Park
Drive, the four.foot wide sidewalk along the east side of Scott Park Drive, and the six-
inch waterline to the north boundary of the subject tract, and the connection of the
sanitary sewer line to the south.
3. In consideration of the City's rezoning the subject property from County RS, the Owner
agrees that development and use of the subject property will conform to the require-
ments of the RS-5, Low Density Single-Family Residential Zone, as well as to the
following additional conditions:
a. Owner shall pay all of the costs associated with providing infrastructure for
development of the subject tract.
b,
Owner shall receive approval of the construction plans for these improvements
from the City Public Works Department.
c.
Owner agrees that construction of these improvements shall be consistent with
the specifications for Scott Boulevard East, Part Two and agrees to acceptance
of the improvements by the City.
d. Owner shall execute and record a plat of survey upon conveyance of the 1.02
acre tract, or portions thereof, to new ownership.
4.
The Owner acknowledges that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code ~414,5 (1991), and that said
conditions satisfy public needs which are directly caused by the requested zoning
change.
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The Owner agrees that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
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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 effect
as a covenant running with the title to the land unless or until released of record 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.
The Owner acknowledges that nothing in this shall be construed to relieve the Owner
from complying with all applicable local, state and federal regulations.
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8. 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.
'. ;
Dated this
day of
,1994.
PLUM GROVE ACRES, INC.
CITY OF IOWA CITY
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By
Bruce R. Glasgow, President
By
Susan M. Horowitz, Mayor
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ATTEST:
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By
Frank Boyd, Secretary
By
Marian K. Karr, City Clerk
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STATE OF IOWA I
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JOHNSON COUNTY)
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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 Ordinance No. passed by the
City Council, on the day of , '19 , 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.
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STATE OF IOWA I
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JOHNSON COUNTY I
On this day of , 1994, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Bruce R. Glasgow and Frank Boyd,
to me personally known, who being by me duly sworn did say that they are the President and
Secretary, respectively, 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 Bruce R. Glasgow and Frank
Boyd as officers acknowledged execution of the foregoing instrument to be the voluntary act
and deed of the corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
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City of Iowa City
MEMORANDUM
Date:
September 1, 1994
To:
Planning and ZOVsion
Melody Rockwell, Associate Planner
From:
j Re:
ANN94,0006, REZ94-0011. Diane Boyd Tract
At the Planning and Zoning Commission's August 4, 1994, staff supported the annexation of the .96
acre tract of land located east of Scott Boulevard at the north terminus of Scott Park Drive, jf the 22.3
foot by 111 foot parcel of land connecting the .96 acre tract and the Iowa City city limits was included
in the annexation, As indicated on the attached site plan, the applicant has amended the annexation
request to include the 22.3 foot by 111 foot parcel. The total requested annexation area is now 1.02
acres.
Following a request by Larry Schnittjer, MMS, at the Commission's August 4, 1994, meeting, staff
explored the possibility of allowing the applicant to escrow funds for the required public improvements.
Because a standard subdivision will not occur with the subject tract, and it's anticipated there will be
a change in ownership of the property under consideration, staff determined there was not sufficient
leverage through the escrow process to ensure that the street, sidewalk and water line would be
constructed as needed by the responsible parties. According to Mr. Schnittjer, the applicant has
agreed that the public improvements should be constructed in the near future, rather than escrowing
for later construction. Thus, the conditions attached to the rezoning approval should remain the sam,e
as previously recommended in the staff report dated August 4, 1994. '
, ,
STAFF RECOMMENDATION:
Staff recommends that ANN94.0006, the proposed annexation of the 1.02 acre tract located at the
north terminus of Scott Park Drive be approved.
Staff recommends that REZ94.0011 , the proposed rezoning of the annexation area from County RS
to RS-5 be approved, subject to 1) the developer agreeing to pay all of the costs associated with
providing infrastructure for development of the subject tract, including, but not limited to the extension
of Scott Park Drive, and the six inch water line to the north boundary of the subject tract, and the
connection of the sanitary sewer line to the south, 2) approval of the construction plans for these
improvements by the City Public Works Department, 3) construction of these improvements consistent
with specifications for Scott Boulevard East, Part Two, and acceptance of the Improvements by the
City, and 4) a plat of survey being executed and recorded upon conveyance of the subject 1.02 acre
tract, or a portion thereof, to new ownership.
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ATTACHMENTS:
1. Location Map.
2. Amended Annexation Area Map,
1It&;- f44
Robert Miklo, Senior Planner
Department of Planning and
Community Development
Approved by:
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scour fSOULlEilARD IEASr PARr 'fWD
IN ACCORDANCE \\HH TilE PLAT TIIEREOr RECORDED
IN PLAT BOOK 33 AT PACE 22S or TilE RECORDS or
TIlE JOHNSON COUNTY RECORDER'S OFFICE
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LEGEND AND NOTES
. .. PRCPDllY WltlDI'(S), rCW'J
o .. PROPERTY COONERS stT
.. PIl<W'EJnY i/<< BllUlDAR'f um:s
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ERROR or ClOSlJRE ~ LESS lllAlll rOOl rn 20,000 FEU
PROPRIETOR = PLUM GROVE ACRES INC.
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GRAPIIX: scm IN roo
1'=100'
LEGAL DESCRIPTION ANNEXATION TRACT
B.glnnlng 01 Ih. North.o.t Corner of Lot 64, of Seoll Boul.vord Eo.t, Port
Two, In oeeordone. wllh th. Plot thor.of, R.eord.d In Plot Book 33, 01 Pogo
22S, of the Records of Ihe Johnson County Reeorder's Offle.; Thence
S89'14'4S"W. (A RECORDED 8EARING), along Ihe Norlh Line of sold
Subdivision, 22,39 ,..t, to It. InterseeUon with the existing Corporoto Limit
Line of the Clly 0' lowo CIly. Thonee NOO'53'13"W. 110,00 rool along
sold Corporole Line: Thence N89'14'4S"E. 399.21 f.et. 10 0 Point on the
L1n. of lh. Existing Fence: Thence SOO'21'31'E, along sold Line of Exl.tlng
Fone.. 111.00 feel, to Il'. Inl.rsoetlon with Iho Norlh Line of scld Seolt
Bool.vord Eo.t. Pcrt Two; Thence S89'14'45'W, (A RECORDED BEARING), olong sold
North Line. 375,81 ,..1, 10 tho Polnl of 8eglnnlng, Sold Trocl of Land
contains 1.02 Acres. mora or less, and Is subjoel to eosemenls and
rcstrlellons 0' record,
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PLUM GROVE ACRES INC
1M MMS CONSULTANTS, [NC.
Iowa City, lowo
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STAFF REPORT J
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To: Planning and Zoning Commission Prepared by: Melody Rockwell
Item: ANN94-0006, REZ94-0011. Date: August 4, 1994
GENERAL INFORMATION:
Applicant: Diane Boyd
2011 Rochester Avenue
Iowa City, IA 52245
Phone: 337-4936
Property owner: Plum Grove Acres
834 N. Johnson
Iowa City, IA 52245
Phone: 338-1365
Contact person: John Cruise
"', ' 920 S. Dubuque
Iowa City, IA 52240 .\
Phone: 351-8181
Requested action: Annexation and rezoning from County
, ' RS to RS-5.
Purpose: To incorporate one single-family resi-
dential development into the city
rC-~ Location: East of Scott Boulevard at the north
terminus of Scott Park Drive
1 Size: .96 acres
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Existing land use and zoning: Residential; County RS
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, ;',: Surrounding land use and zoning: North - Vacant, residential; County RS
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South - Residential; RS-5.
: I West - Vacant; RM-12.
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! I Comprehensive Plan: Growth policies of Comprehensive Plan
designate this area for low density ,~
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II j 1.:, File date: July 14, 1994
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45-day limitation period: August 29,1994
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SPECIAL INFORMATION:
Public utilities:
Utilities, including water service, sani-
tary sewer service and storm sewers,
will be provided entirely by the appli-
cant with connections to existing lines
located immediately south of the prop-
erty in the Scott Boulevard East, Part
Two Subdivision.
Public services:
Sanitation service as well as police and
fire protection will be provided by the
City.
Transportation:
Access to the property will be via Scott
Park Drive.
Transit:
The closest available transit route is
Court Hill with a bus stop at Friendship
and Court streets, approximately four
blocks from the Boyd property. There
are no plans to extend this route in the
near future.
Physical characteristics:
This area has a gently rolling topogra-
phy. The Sensitive Areas Inventory
Map - Phase I indicates the existence of
woodlands on the eastern portion of
the property. This woodland area is
comprised primarily of mature oak
trees.
BACKGROUND INFORMATION:
Diane Boyd, on behalf of property owner Plum Grove Acres, Inc. is requesting the annexation
and rezoning of .96 acres located at the north terminus of Scott Park Drive. The property is
currently zoned County RS, Suburban Residential. The applicant requests a rezoning of the
property to RS-5, Low Density Single-Family Residential. At the present time, the applicant
is constructing a residence on a 15.46 acre Auditor's Parcel A under a County building permit
issued on May 26, 1994. Boyd desires that the .96 acre parcel be split off Auditor's Parcel
A, and incorporated into Iowa City to obtain city services for the residence currently under
construction.
ANALYSIS:
Annexation. 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
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indicates that the developers of areas newly annexed into the city will be responsible for all
infrastructure costs including those normally subsidized by the City, such as collector streets
and oversized utility lines.
The area proposed for annexation falls within the future service area of the city. Because the
property is adjacent to an existing city subdivision, its incorporation into the city would be
considered compact and contiguous development. Utilities can readily be extended from the
approved subdivision to the south, Scott Boulevard East, Part Two. Under the City's
annexation policy, the applicant, Diane Boyd, understands that she will be responsible for all
costs of extending the 28 foot wide street, Scott Park Drive, as well as the four foot wide
sidewalk and the six inch water line to the north boundary of the request property. The
sanitary sewer service for the residence will need to be connected to the sanitary sewer line
to the south. No storm sewer extension or connection will be required for this parcel. The
required improvements should be specified as part of the conditional zoning agreement for this
tract.
From a planning perspective, staff would prefer annexation of the entire 15.46 acre tract,
rather than annexation of one .96 acre lot. However, the annexation, as proposed, does not
preclude alternative designs for the extension of streets, sidewalks and other public utilities
in the larger tract, Auditor's Parcel A, in the future. To avoid having a remnant of County land
between the Boyd lot and the corporate boundary, staff recommends that the annexation
include the 22.3 foot wide strip of land along the 111 foot length of the west boundary of the
.95 acre tract.
Rezoninq. The requested rezoning of RS-5, Low Density Single-Family Residential, is
consistent with the Fringe Area 5 policy for low density residential zoning, the Comprehensive
Plan growth policy designation and the RS-5 zoning of the residential subdivision immediately
to the south. There are no public utility constraints concerning this property. The requested
rezoning appears to be appropriate for the tract of land under consideration,
The conditional zoning agreement should include specifics on the extension of the street,
sidewalk and water line to the north boundary of the requested annexation area. It should
also address the sanitary sewer line connection. Upon conveyance of the .96 acre tract from
Plum Grove Acres to Diane Boyd, a plat of survey will need to be executed and recorded. The
plat of survey should be cited as a condition of the rezoning.
Sensitive Areas. The Sensitive Areas Inventory Map - Phase I indicates that a woodland area
exists on the eastern portion of the site. This woodland area is comprised primarily of mature
oak trees. It appears that the residential construction underway on this property was
designed so as to preserve a majority of the existing large oak trees located outside of the
footprint of the house. However, the root system of the large oak tree to the west of the
house may have been damaged by the storage of construction materials and the parking and
driving of construction vehicles within the dripline.
STAFF RECOMMENDATION:
Staff recommends that the proposed annexation of the .96 acre tract located north of Scott
Park Drive be approved, subject to including the 22.3 foot by 111 foot parcel of land
connecting the .96 acre tract and the Iowa City city limits in the annexation area.
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Staff recommends that the proposed rezoning of the annexation area from County RS to RS-5
be approved, subject to 11 the developer agreeing to pay all of the costs associated with
providing infrastructure for development of the subject tract, including, but not limited to
extension of the 28 foot wide Scott Park Drive, the four foot wide sidewalk along the east
side of Scott Park Drive, and the six inch water line to the north boundary of the subject tract,
and the connection of the sanitary sewer line to the south, 21 approval of the construction
plans for these improvements by the City Public Works Department, 3) construction of these
improvements consistent with specifications for Scott Boulevard East, Part Two, and
acceptance of the improvements by the City, and 4) a plat of survey being executed and
recorded upon conveyance of the .96 acre tract to new ownership.
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1. Location Map
ATTACHMENTS:
2. Application/Attachments
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Department of Planning and
Community Development
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3corr f80UVEVAfRD fAST PAfRT TWO
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'N ACCORDANCE VITH THE PLAT THEREOF RECORDED
IN PLAT BOOK 33 AT PAGE 225 OF THE RECORDS Of
THE JOHNSON COUNTY RECORDER'S OrnCE
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LEGEND AND NOTES
. _ PRCfERTY cc::RNEII(S), rouoo
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ERROR (f ClOSURE IS LESS mm 1 fOOT IN 20,000 fEET
PROPRIETOR a PLUM GROVE ACRES INC.
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LEGAL DESCRIPTION ANNEXATION TRACT ~c.") e
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Beginning at the Narlhea.t Carner of lot 64. of Scot! Boulevard r.;potL
Two, In accordance with Ihe Plol thereo', Recorded In Pial Book 33,.. fpaga-
225, of lhe Record. of the John.on County Record.r'. ornc'Q\E,llnc.
NOO'S4'07'W, 111.00 f.et; Thence N8914'45"E, 376.85 feet, to 0 Pol~~ thO:
line of lh. Exl.llng F.nce; Th.nce SOO'21'31"E, along .ald L1n. os;>IJ.llr\9:
Fence, 111.00 feet, to It'. Inler.ecllon with the Narlh Line of .QltC.coO:
Boul.vard Ea.l. ParI Two; Thenc. S8914'4S'W. (A RECORDED BEARING), lii'ang .oldt
Norlh L1n., 375,B1 feet, 10 th. Point of B.glnnlng. Sold Tracl of landl
con lain. 0,96 Acro., mare or I.... and Is .ubJect to .asem.nts and
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FRANK BOYD
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SITE PLAN 1M MMS CGNSULTAN'I'3, INC.
. po,,"oo Of nlE Yo(SI It" ACRES Of "" lowo City, Iowa
sauMlEST OOAllTEll Of SlCnllN 7-mN.~W !l!l! 319-351 -6262
or tHE Sf}( P,U.. rXlJ~SON alUNrt IOWA
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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 27th day of
September, 1994, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
fflider:
U/An ordinance amending the Zoning
Ordinance to allow crematoriums as an
accessory use to a funeral home.
2. An ordinance amending the Zoning
Ordinance to change the use regulations of
a 5.52 acre property located immediately
across from Stevens Drive east of
Waterfront Drive from CO-l, intensive
Commercial, to CC.2, Community
Commercial. (REZ94.0010)
3. A resolution to annex a 1.02 acre parcel
located north of Scott Park Drive. (ANN94-
0009)
4. An ordinance amending the Zoning
Ordinance by changing the use regulations
of a 1.02 acre parcel located north of Scott
Park Drive from County RS, Suburban
Residential, to RS-5, Low Density Single-
Family Residential. (REZ94-0011)
Copies of the proposed resolution and
ordinances are on file for public examination in
, the office of the City Clerk, Civic Center, Iowa
City,lowa. Persons wishing to make their
views known for City Council consideration are
encouraged to appear at the above-mentioned
time and place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO:
AN ORDINANCE AMENDING CHAPTER 6 OF
THE CITY CODE OF THE CITY OF IOWA CITY,
IOWA, ENTITLED "ZONING," BY DEFINING
"FUNERAL HOME" AND INCLUDING
CREMATORIUMS AS AN ACCESSORY USE TO
A FUNERAL HOME.
WHEREAS, the Zoning Ordinance does not
presently contain a definition of a funeral
home; and
WHEREAS, the Zoning Ordinance currently
makes no mention of crematoriums; and
WHEREAS, The Planning and Zoning
Commission and the Department of Planning
and Community Development have determined
that the term "funeral home" should be defined
to include crematoriums as an accessory use to
funeral homes,
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
SECTION I. AMENDMENT, Title 14, Chapter 6,
Article B, Section 14-6B-2: entitled
"DEFINITIONS" of the Iowa City City Code, is
hereby amended by adding the following
definition:
FUNERAL HOME: an establishment for the
preparation of the deceased for burial, for the
viewing of the deceased and for conducting
funerals, Funeral homes may include
crematoriums as an accessory use subject to
compliance with any state or federal regulation
and with any condition reasonably imposed by
the Board of Adjustment for the protection of
neighboring properties.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV, EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
APpr~ved b~L.c..-; \Jd..-I:.. . _ ~
Ci Y Attorney's Office 9 r: ;"'';ll:..~,
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ORDINANCE NO,
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AN ORDINANCE AMENDING CHAPTER 6 OF
THE CITY CODE OF THE CITY OF IOWA CITY,
IOWA, ENTITLED "ZONING," BY DEFINING
"FUNERAL HOME" AND INCLUDING,
CREMATORIUMS AS AN ACCESSORY USE TO
A FUNERAL HOME.
WHEREAS, the Zoning Ordinance does not
presently contain a definition of a funeral
home; and
WHEREAS, the Zoning Ordinaoce curre tly
akes no mention of crematoriums; and
WHEREAS, The Planning and oning
Co ~ission and the Department of lanning
and C\mmunity Development feel t t the term
"funeral\home" should be defin ~ to include
and consl]r crematoriums as a accessory use
to funeral ,omes.
NOW, T EREFORE, BE/ T ORDAINED BY
THE CITY C VNCIL ~F ~HE CITY OF IOWA
CITY, IOWA TH T:
SECTION I. AMEt M NT. Title 14, Chapter 6,
Article B, See '~n 14-6B-2: entitled
"DEFINITIONS" ~ th Iowa City City, Code, is
hereby amende~ by dding the following
definition: /
FUNERAL ~OME: an es ~blishment for the
preparati~ of the deCeeSed\~r burial, for the
viewing I'f the deceased an for conducting
funerals. Funeral homes ay include
crempforiums as an accessory u ~Ubject to
cOlT)pliance with any state or federa egulation.
S TION II. REPEALER. All ordin ces and
rts of ordinances in conflict with tli provi-
ions of this Ordinance are hereby repea d.
SECTION III. SEVERABILITY. If any sec 'on,
provision or part of the Ordinance shall e
adjudged to be invalid or unconstitutional, sucH
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti.
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this
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MEMORANDUM
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Date: September 22, 1994
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To:
City Council
Charles Denney ~sociate Planner
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From:
Re: Zoning Ordinance amendment defining funeral home
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Staff research indicates that crematoriums are allowed as an accessory use to a funeral home by
most zoning codes where crematoriums are specifically addressed. This is consistent with the
recommendations of the "Zoning Report" discussed in my memorandum to the Planning and
Zoning Commission, dated August 26, 1994, regarding this issue. Information from the
Cremation Association of North America indicates tllat approximately 40% of all crematoriums
in the United States are located within funeral homes, many of which are located within or near
residential areas.
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As was also mentioned in my August 24 memorandum, crematoriums are regulated by the Iowa
Department of Natural Resources (DNR). Crematoriums are considered a Class 4 incinerator,
which is the least polluting class of incinerator. The pollutants regulated in a class 4 incinerator
are particulate matter, opacity (visible emissions) and carbon monoxide. Studies of
crematoriums reviewed by staff show that emissions from crematoriums are well below the
standards of the DNR for these pollutants. Copies of these reports are available if you are
interested.
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City of Iowa City
MEMORANDUM
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Date: August 26, 1994
To: Planning and Zoning Commission
From: Charles Denney, Associate Planner
Re: Zoning Ordinance Amendments for Crematories'
BACKGROUND INFORMATION
Anita Gay Hartwig of George L. Gay Funeral Home and Michael Lensing of Lensing Funeral
Services requested that the Zoning Ordinance be amended to permit crematories within funeral
homes. The Ordinance permits funeral homes by special exception in the RM-12, RIO, CO-1 and
CC-2 zones and as a provisional use in the CI-1 zone. In all cases funeral homes are subject
to the following conditions; location on an arterial street, a minimum street frontage of 120 feet
and minimum lot size of 40,000 square feet. Crematories are not currently addressed in the
Ordinance.
ANALYSIS
I was unable to find much recent literature discussing how other jurisdictions deal with cremato-
ries generally, or specifically within funeral homes. The Standard Industrial Classification Manual
contains a Funeral Service and Crematories Classification which is defined as "establishments
engaged in preparing the dead for burial, conducting funerals, and cremating the dead". The
November 26, 1984 issue of the "Zoning Report" deals with zoning for funeral homes and
cemeteries. The Report indicates that crematories should be considered as accessory uses to
funeral homes in commercial zones. The Zoning Ordinance does not contain a definition of
funeral home. Staff recommel)ds that one be added which states that crematories are an
accessory use to a funeral home.
The Report also recommends that due to their commercial nature, funeral homes not be allowed
in residential zones, and that transition zones between commercial and residential zones are most
appropriate for funeral homes. The three existing funeral homes in Iowa City are all located in
CO-1 zones which is consistent with this recommendation.
A permit from the Iowa Department of Natural Resources (DNR) is required for the installation of
a crematory. Crematories are regulated as incinerators, and the same regulations apply whether
human or animal remains are being cremated. Staff research indicates that the technology of
crematories has improved so that they produce very little emissions, either smoke or odor.
Crematories can be operated in or near residential areas without the residents being aware of the
operation.
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STAFF RECOMMENDATION
Staff recommends that the following definition be added to the Zoning Ordinance;
Funeral Home. An establishment with facilities for preparation of the deceased for burial, for the
viewing of the deceased and for conducting funerals. Funeral homes may include crematories
as an accessory use.
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Approved by:
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Robert Miklo, Senior Planner
Department of Planning & Community Development
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City of Iowa City
MEMORANDUM
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Date: April 28, 1994
To: Planning & Zoning Commission
From: Monica Moen, Sbnior Planner #
Re: Crematories
In July, 1990, Anita Gay Hartwig of George L. Gay Funeral Home requested that the Iowa City
Zoning Ordinance be amended to permit crematories in the community. The Zoning Ordinance
permits funeral homes, by either a special exception or as a provisional use, in the RM.12, RIO,
CO-1, CC-2 and CI-1 zones. Crematories, however, are not addressed in the ordinance.
In response to Ms. Hartwig, the Commission placed consideration of an ordinance to permit
crematories on its pending list almost four years ago. This item is presently on the Commission's
work program for FY95.
:
In the accompanying letter dated April 25, 1994, Michael Lensing, of Lensing Funeral Service
requests that the Commission consider this proposal as soon as possible. At its May 2, 1994,
inforrl)al meeting, the Commission is requested to determine the month it wishes the staff to have
an ordinance amendment and recommendation before the Commission for its review.
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If you have any questions prior to your May 2, 1994, meeting, please do not hesitate to call me
at 356-5243.
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April 25,1994
APR 25 1994
P,r..1), OF.PftRTMENT
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City of Iowa City
Planning ,and Zoning Commission
Civic Center '
Iowa City, Iowa
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Dear Members of the Planning and Zoning Commission:
It is my desire to appeal to the Planning and Zoning Commission
to take up the issue of amending the zoning ordinances as ~heyrelate to
crematories,
I sincerely feel that the addition of a crematory to Iowa City would be a
benefit to those individuals and families that desire this type of final
disposition. This would be the first privately owned crematory in Iowa ,
City. Our firm has consulted with a manufacturer of crematories in regard
to the feasibility of this addition to our Kirkwood Avenue property, We
have supplied the Planning and Zoning Department with information
which should allow them to begin the development for a sound policy on
crematories, Because of our firm's desire to proceed I would be appreciative
if they could seriously consider this proposal as soon as possible,
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DONOHUE.LENSING FUNERAL SERVICE
605 Kirkwood Avellue' P.O. Box 167' lawn Cihj, Iowa 52244
(3191338.8171' Fax (3191 338,2328
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210 fWliday Road' Coralville, lawn 52241' (3191 351-9362
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r;:'l ACCESS EASE/lENT.
'-!i(. Developer agrees, subject to the provisions of paragraph 13 hereof, that
it will upon request by the City grant easem"nts to the owners of the real estate
located immediately South of the proposed Benton Manor Development, granting to
such owners and their successors in interest, non-exclusive easements over and
acrosa the private roadway system within th" Benton Hanor Development for the pur-
pose of providing such owners a secondary means of access to and from said area
lying immediately South of the Venton Hanor Development.
9. PRIVATE ROAD EXTENSION.
The Developer will, upon completion of the final phase of the Benton Hanor
Development, extend the private roadway system within' the development to the South
boundary line of the development at the access points shown on the final LSRD Plan
for Benton Manor approved by the City.
10. INTERIOR SEliER EASEHENTS.
The Developer will grant to the City an easement for sanitary sewer purposes
in the form attached as Exhibit "A", and will grant to the City an easement for
storm sewer purposes in the form attached os Exhibit "B".
11. WATER /lAIN EASEMENTS.
The Developer will grant to the City an easement for water main purposes on
the form attached as Exhibit "C".
12. RELEASE OF PREVIOUS EASEtIENTS.
The City hereby releases the follOlling easement originally granted to the City
by the Partnership.
a.) Storm Sewer Easement recordod Hay 16, 1978, in Book 519, at page 113, in
the Office of the Johnson County Recorder.
b.) Sanitary Sewer Easement recorded Hay 16, 1978, in 800k 519, at page liS,
in the Office of the Johnson County Recorder.
c.) Water Hain Easement recorded Hay 16, 1978, in Book 519, at page 115, in
the Office of the Johnson County Recorder.
(jJ;) SECONDARY ACCESS.
~ Cit a rees that it will use its best efforts to rovide a second means of
access to the Benton Manor eve opment from the South at the access points shown
on the final LSRD Plan for Benton Manor approved by the City.
The City further agrees that it will nor request that the Developer grant the
access easements referred to in paragraph 8 hereof unless and until the Developer
haa been provided with access to U. S. lIighlmy 01, from at least one of the access
points on the South boundary of the Benton Hanor Development across the real estate
lying immediately South of such development cn then existing public streets, or
unless and until the owner of the real estate lying immediately South of Benton
Manor has granted access easements across then existing private roadways from at
least one of the access points shown on the final LSRD Plan for Benton Hanor approved
by the City in a Southerly direction to U. S. Highway 01.
14. COVENANt.
This agreement shall be binding upon the parties hereto and their successors
in interest and shall be construed as a covenant running with the title to the bnd
described herein as though the same were incorporated into each subsequent conveyance
of the land described herein.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed at
Iowa City, Iowa, on this 25th day of June, 1982.
, slDenton Manor Apartments, a General Partnership
~\ by Edward W. Thomas, J. Wendell Thomas, Forest
H. Bnrker, Robert G. Barker. Earl H. Yoder
a/Hal1mnrk Homes, Inc. by Loran L. Hershberger,
President and Secretory
alCity of Iowa City, Iowa by Mary C. Neuhauser,
Mayor and Abbie Stolfus, City Clerk (Seal)
Signed and acknowledged as above for Bonton Manor Apartments, except acknow-
ledged Robert B. garker and Earl Yoder. Acknowledged by City of Iowa City, Iowa on
June 22. 1982.
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RM44 or
Honorable Mayor and Council Members,
owner of property adjacent to the
to consider my wishes, recognize and
the relat'onships that exist among the property owners
to the whole Ruppert Tract, and leave the current zoning
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Owner's Signature
Address
Iowa City, Johnson Co. IA Zip
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I, f/lt-.;JU/':/ fJ(:. I/Jlv"rNlJlV o.w.ne.r of property adjacent to the
Ruppert Tract urge the Council to consider my wishes, recognize and
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adjacent to the whole Ruppert Tract, and leave the current zoning
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WEEBER.HARLOCKE NEIGHBORHOOD ASSOCIATION
1101 Weeber Circle
Iowa City, Iowa 52246
September 26, 1994
Members of the City Council
City ofIowa City
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
Re: Harlocke Area Rezoning Negotiations
Dear Council Members:
I am writing this letter in response to the recent resignation of Mr. Ruppert's lawyer, Mr,
Houghton, from the Harlocke area rezoning negotiations. I feel compelled to share with
you my perceptions of the one meeting that took place between Mr, Houghton, Mr. Jansen,
and myself since Mr. Houghton's letter of resignation to Karin Franklin did not include
any explanation of what transpired at that meeting. I am also writing because I believe
there are assumptions made by Council about the willingness of all parties to negotiation
which need to be reexamined.
The meeting took place on September 14 at the Barker, Cruise, Kennedy & Houghton law
firm. Initial discussion centered around the compromise that had been proposed by the
neighborhood to Council on July 15. Mr. Houghton and Mr. Jansen were asked to express
their clients' response to that proposal. Using a map prepared by MMS Consultants, Mr.
Houghton stated that Mr. Ruppert's property actually contains only 8.71 acres for
development because DOT has taken roughly 3 acres for Highway 1 right-of-way. He
stated it was the Ruppert family's position that they are opposed to RS.5 zoning of that
portion of the property west of the ravine. Instead, they want to see a minimum of 36 units
in cluster development at the end of Harlocke Street in a proposed RS.8 zone and the
property east of the ravine zoned either commercial or remain RM-44. Mr. Houghton also
stated that the Ruppert family felt that overall the zoning should be at a higher density than
RS.8. I proceeded to ask Mr. Houghton why the Ruppert family wants to cluster the
development at the end of Harlocke Street when Mr. Ruppert has stated in public hearings
that he is not interested in Harlocke Street access and does not plan on using it. Mr.
Houghton' stated in response there are some questions that need to be resolved with DOT
regarding Highway 1 access. He indicated such access might not be forthcoming unless
the City initiated discussions with DOT regarding what type of development would take
place and how resulting traffic issues would be resolved.
Mr. Houghton then stated that he could not understand the neighborhood's opposition to RS.
8 cluster development because one could have cluster development with almost as many
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Re: Harlocke Area Rezoning Negotiations
units under RS-5. At this point the group was unable to agree upon an example of RS-5
clustering, so a conference call was placed to Karin Franklin who cited the WilIowbrooke
Pointe development on the corner of West Benton and Morman Trek is an example of RS.5
clustering.
After receiving words of encouragement from Karen, the conference call was terminated,
and Mr, Houghton raised the following question: "Why are we trying to resolve this issue
now?" Mr. Houghton expressed the view that he thought Franklin would delay the
rezoning indefinitely if the neighbors in good faith would accept the owners' assurances
that the best possible solution for the neighborhood would be worked out. He then proceed to
make a statement about how the neighborhood should wait and see what plans the Ruppert
family have for the whole area. This was almost too much for me to take without
regurgitating, so I shifted my attention to Mr. Jansen.
Mr. Jansen stated that he was not able to accept the neighborhood compromise proposal on
behalf of his clients because (1) there was insufficient area on the east side of the ravine
that could be developed at a higher density and (2) street access to the east side of the
property from Benton Manor owners or Mr. Ruppert would be difficult to obtain. He stated
that development of the Jensen tract would likely occur only along Harlocke Street. He
then proceeded to give a brief history of the Jensen tract and the rationale for why he wanted
to get the best economical solution for his clients.
I responded by placing several other options on the table. I asked Mr. Jansen for a price on
the Jensen tract. He stated the asking price would be $40,000 per acre or $160,000 for the
entire tract. I then asked Mr. Houghton how much Mr. Ruppert would ask for that part of
his parcel west of the ravine. He responded by saying he was not sure that Mr. Ruppert has
a dollar amount in mind, but rather that Mr. Ruppert was trying to find a buyer would buy
all his property on the north side of Highway 1. I explained that if we had a dollar amount
either (1) someone in the neighborhood might buy it, (2) the neighborhood might be able to
work some agreement out with the City for using part of the property as a park or (3) perhaps
a developer for that parcel and the Jensen tract could be found by the neighborhood. Mr.
Jansen stated that as long as he gets a fair price for his clients, he would not care how it was
developed. Mr. Houghton expressed doubts about either of these proposals as a viable
solution because he felt the Ruppert family has some great plans for the entire area which
once the Council saw those plans they would definitely support any zoning changes that
were needed to accommodate those plans. Both Mr. Jansen and Mr. Houghton were quick
to point out that a park might actually generate more traffic on Harlocke. At this juncture
the substance of the meeting quickly degenerated and the meeting came to a screeching
halt.
A further request for deferral was discussed, and at this point Mr. Houghton indicated he
might not be the Ruppert family's representative at future discussions. He stated that Mr.
Ruppert's daughter had legal representatives from outside the state who might be retained.
'rhe meeting adjourned with all parties agreeing that they would be willing to meet again.
In summary, there are several points about this meeting that I wish to call to your attention:
(1) the neighborhood was the only party to put any compromises on the table; (2) Mr.
Houghton and Mr. Jansen seemed more intent on saying what they would not accept rather
than what they would accept; (3) Mr. Houghton thinks the Council should adopt a "wait and
see" attitude because he is confident the Ruppert family can put together a plan that will
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Re: Harlocke Area Rezoning Negotiations,
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make the City proud; and (4) Mr. Jansen's clients are not interested in developing the
Jensen tract hence they do want to sell it, although the asking price seems high.
The only conclusion one can derive from this meeting is quite clear. The neighborhood is
the only one willing to put compromises on the table and work toward a fair and equitable
solution for all parties involved.
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Neighborhood Spokesperson
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09-19-1994 04:19PM
FROM Barker,Cruise,Kennedy
TO
35650139
P.02
CHARlES A, llARKtll
"OHN tJ, CRUISE
MICHAEL W, KtHNtDY
"'AM~ D, HQuGHTON '
STEVEN C, ANDERSON
TERE5I\ R, W....GNER
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eARK~R, CRUISE, KENNEDY 81 HOU9HTON
~WYERS '
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a20 5, DUQUOUt STRt!;1'. p,O, BOX .000 ,
IOWA CITY, IOWA
5ZZ44
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TELEPHON~
:lS"GIG'
FAX 319t3!U.oaOEl
September 19,
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Ms. Kar~n Franklip, ,Director I
Departtnent of PlaImlDg & ,
community Develo}?llIent
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city of:lowa City
410 E. Washington street
Iowa Ci~y, IA 52240-1826 I
Re:' Charlie Ruppert Family - HarlockJ street Re20ning
Dear Kaliin: I
I ~ust report that I am not going to Je able to work out,~
zoning p,roposal that would be acceptable tq all parties. I am
withdrawing from my representation of the ;uppert family in con-
nection !wi th this: rezoning. It is my unde standing that the
Ruppert ifamily wi~l have other legal repre entation at the next
council ~eeting. J
I qo apprec:l!'lte having bean given som I extra time to try t~
work an ,acceptable resolution of the matte~ for the Ruppert fa~-
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ce: Robert W. Jansen
wil~iam E. Knabe
Cha~les W. Ruppert
Mary Hitohoook
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Honorable Mayor and Council Members,
I, ~A ~e~OQ owner of property adjacent to the
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RM44 or ce-I
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Owner's Signature
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Address
Iowa City, Johnson Co, IA Zip
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Owner's Signature
Address
Iowa City, Johnson Co, IA Zip
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Owner's Signature
Address
Iowa City, Johnson Co, IA Zip
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Honorable Mayor and Council Members,
I~ _\ i D "-'i LL owner of property adjacent to the
Ruppert Trac~~:;e the Council to consider my wishes, recognize and
respect the relationships that exist among the property owners
adjacent to the whole Ruppert Tract, and leave the current zoning
RM44 or ((1 fQ{I.1'O.'l"'h I ,
Owner's Signature
Address
Iowa City, Johnson Co, IA Zip
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CIVIC CENrER 410 E, WASHINGTON 5T. IOWA CIlY, IOWA 52240 (319) 356-5aD
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STATE OF IOWA )
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COUN1Y OF JOHNSON )
I, Marian K, Karr, City Clerk of the City of Iowa City, Iowa, do
,hereby certify that the material attached: two oaQe letter from
Mary Hitchcock, plus 5 page exhibit (Bruce Knight memo of 7/13/84),
and letters from Charlie Ruppert, Jack McMahon. and Anna Buss
- , is a true and correct copy from my files, all as the same appears of
: record in my office,
Dated at Iowa City, Iowa, this 28th day of September
1994 .
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Re'z.q3" 00<> '7
Honorable Mayor & Council~embers - Ruppert Jensen Rezoning
Mary Hitchcock - 1506 North Dubuque Road, Iowa City 52245
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I have no ownership in any of the parcels nor do I own any property nearby. I (and many others) am concerned about the
CONSTITUTIONAL RIGHTS of property owners and the DISCRIHINATORY ASPECTS of this action. An investigation was initiated.
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I reviewed the state zoning laws. I discussed this with several other City Attorneys, to obtain an unbiased understanding of
the perspective of the City and with those versed in zoning law. I looked over City files, County land records and physically
measured one parcel. I spoke with HHS ConsuJtants, Inc" the D.O,T. and residents of the area. I would like to make 4 points.
1. The staff report is not cOlplote & accurate. The CITY HAP HISLEADS HARLOCKE, COUNCIL & ZONING on this proposal,
2. Council should not initiate a change lobbied for by residents over 200' away disregarding those in immediato area.
3. 8 plexes are here now and are surrounded by multi-units. The RH 44 zoning reflects that.
4, Council should not SPOT ZONE to benefit a special interest.
Since 1965 the Rupperts have anticipated the development of this land and studied the concerns expressed here. They are more
knowledgeable than anyone else about their land. Both Jensen & Ruppert Tract owners agree lOOt with Harlocke and Weeber Circle
residents on the traffic and topography issues.
Traffic should not burden the area, The primary Ruppert access should be to Hwy il. It's important any street or streets
planned be carefully situated to BENEFIT the whole area, not a selected portion or parcel! Oetermining street placement now
may substantially reduce the area's potential. Each Tract requires adequate access to reach its highest and best use, thereby
enhancing and complimenting the whole area. It is faulty to assume only Harlocke would provide this access. When the Ruppert
tract is developed and access to Highway il is complete, a 2nd access to the north is guaranteed by a June 22, 1982 access
easement adopted by the Council and recorded by the Johnson County Recorder. That's 4 future accesses to the Ruppert Tract,
Since any potential development plan requires Council approval, no zoning change is nacessary to address traffic concerns.
Topography was studied in early 1983 and a map was drawn. The bluff is not natural. This area of major topographical concern,
nearly the size of the Jensen Tract, was created and is owned and controlled by the D.O.T. It WILL NOT BE OEVELOPEO! No zoning
change is necessary to protect the bluff. Planning and Zoning should understand this but perhaps Council and Harlocke do not.
Two owners are Engineers, by education and employment qualified to assess this land. Studies verify their work.
Three others have had life time construction careers, have been involved with most of the major Iowa City buildings and
are qualified to judge building feasibility. These owners are people of good character, They enjoy working openly and
honestly with their neighbors and believe all parties interests can be accommodated.
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Like the conductor of an orchestra, the Council lust have a good ear to identify and bring together the best players of each
instrument so the music sounds as if it is coming from a single entity. Your goal is to figure out how to make the audience
willing to line up & pay to hear your music. In 4 important areas your musicians are out of tune and more effective listening
is necessary.
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FIRST: No Council Helber has mentioned that the Ruppert Family map and the City Zoning lap are clearly different. The City map
and this proposal incorrectly identify 11.5 acres north of Highway 1 as Ruppert Tract. While norlal residential property joins
the street, the state comlonly owns sections of property adjacent to highways. In this case a 3 acre strip next to Hwy. 11 is
OWNED by the D.D.T. and WILL NOT BE DEVELOPED! HHS has prepared a map accurately refiecting the Ruppert tract as 8.71 acres.
The goal of good zoning is to assign to each property the most appropriate use. Look again at the map. Notice the east end of
the tract is only 210' wide. Consider these average City lot Estimates from Robert Hiklo, Assoc. Planner.
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City Street Width 30' t Front yard set back from curb 3D' t Depth for a house 24' t Back yard 40' : 124'
Avg. hOle length 26' t Double garage 22' t 2 Side yards Q IS' each: 78'
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Normal City lots require a minimum of 124' for I house & street, 218' for 2 houses separated by a street and 156' for 2 houses
side by side. In view of the space available considering views of Wal-Hart & apartments and the potential health effects of
highway sound magnified by the bluff (sound which will increase as traffic volume increases) it is incredible that anyone
would consider this a desirable location for single family hODes, even if an inviting configuration could be found. The lots
on the southern portion of Weeber have been tough sales. Developers (Tom Redmond, pres. Redmond Const.i Hace Braverman, Pres,
Southgate Dev.) and realtors (Dave Cahill, Cahill Realty & Tom Lepic, Lepic Kroeger Realtors) agree single family hOles are a
poor choice for this area. An overloo~ed consideration is that larger buildings will break the sound from the bluff thereby
protecting the homes above thel. (olmercial is a better choice.
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The more detailed Staff report of July 13, 1984 by Bruce Knight states on page 1 paragraph 4, this is a 'overly drastic
reduction in density and the slto is NOT suited for conventional single family development' and at page 3 item I 'The property
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in question must be allowed to develop in a reasonable manner. Complete restriction of development is not an option.' and at
page 5 item 3 is an analysis of the ilpact of increased traffic volume. The Southwest area study, Feb. 6, 1962, states,
'residential development is discouraged in this general area due to its location near the airport and proximity to Highway I.'
Why do we do these expensive studies if we are not going to pay attention to the results.
Point 'I: The staff report and map are not complete or accurate, When correct facts are reviewed the right decision is RH44.
SECONO: All property owners frol Killer Avenue to Harlocke cooperate and engage in talks from tile to time. They are
interdependent and have working agreements with each other. Council has failed to consider the wishes of, refused to recognize
or respect relationships existing along, and designed this proposal to minimize or eliminate the input from, this HAJORITY OF
PROPERTY OWNERS within 200' of the whole Ruppert Tract. Signed statements indicating their preferances have been provided.
The Attorney General's office states the IOWA ZONING CODE provides that opinions of property owners within 200' of a proposed
zoning are of prilary concern in any decision to rezone. Owners of properties bordering the Ruppert Tract (representing 360 t
citizensl are in FAVOR of and feel benefited by the current RH 44 ZONING. Host would prefer commercial zoning.
When you paint your home should your neighbor select the color? If each neighbor bordering your property wishes a different
color, will your home be many colors? Should you be required to paint your home to please neighbors a block away?
Point '2: Council shouldn't initiate a change proposed by residents over 200' away and disregard those in the immediate
area. Neighbors Knabe and Russell are certainly equal but disagree on this zoning. Hake no change. Let the market decide,
THIRD: A natural border is in place between the Ruppert property and Weeber Circle. Several 6 plexes already exist at the top
of that border, Below the 6 plexes, the woods protect Weeber Circle residents from the Highway sound and prohibit any view of
the Ruppert property, Development here will have little or no impact on these neighbors. Zoning here was RH 44 when Hr. Knabe
and Hr. Hashburn purchased their hOles. They suffer no injury by continuing RH 44. Neighbor Hr. Russell views the RH 44 as ~
beneficial. If RS 5-6 was appropriate for the West side of Harlocke St. that zoning should have been designated prior to the
construction of the five 6-plex units.
Point '3: Now 6 plex units eurrounded by multi-units are the HAJORITY IN THIS AREA. RH 44 zoning should and does reflect that.
LASTLY: Legitimate neighborhood associations have Charters and By Laws. They hold annual leetings to elect officers and conduct
business. If this issue was of such concern, it is strange that Jensen and Ruppert were not invited to speak at meetings so
informed decisions could be lade. Helbership directories, lists of current and past officers, meeting minutes, records of the
votes, and copies of all correspondance are important and should have been provided to the Council, and to all parties
involved, This appears to be the action of a few residents influenced by emotions rather than intellect or those pursuing
private interests, not an action brought by an Association whose Hembers would share equally the City Rezoning request fees.
Benton Hanor, a chartered Association representing 172 homes with borders on both these properties, supports the RH 44.
Point '4: Council should not SPOT ZONE to benefit a special interest or 'political Action Committee' .
IN CONCLUSION: A great many misunderstandings regarding these properties lay have lead to this action. Credibility is the
foundation of leadership and credibility is lacking in these areas. The evidence does not support staff's conclusions. This
property was extensively studied prior to adopting the cOlprehensive plan which assigned RH 44 zoning after considering
traffic, topography, 'Bluff Effect Sound' and City Zoning Code rules. Access, traffic and topography concerns were all dealt
with again in 1964 and the RN 44 zoning was reaffirmed as the highest and best use of the Ruppert parcel. No changes have
occurred. Nearby developlent has been as anticipated by the comprehensive plan. RH 44 remains appropriate today.
A central belief of our culture is that Americans have personai and property rights which are guaranteed by our Constitution.
The CONSTITUTIONAL RIGHTS of property ownors and the DISCRIHINATORY ASPECTS of the proposed spot zoning are of major concern.
I hope ALL IOUA CITY Citizens are equal. (Russell: Knabe, Benton Hanor : Harlocke) Spot zoning seems to say SOHE CITIZENS
more equal than others. These hearings have shown there are 4 accesses and the D.O.T. controls the bluff, an area nearly equal
to the Jensen Tract which will remain green space, so no zoning change is needed to address traffic or topography.
Because I believe the staff report wes not complete & accurete and the City HAP has HISLEAD Harlocke, Council & Zoning.
Because I believe Council should not initiate a change requested by those over 200' away ignoring those in the Immediate area.
Because I see 6 pleles here now, surrounded by lulti-units and the RH 44 zoning reflects that.
And because I believe Council should not SPOT ZONE to benefit a special interest. I urge you to leave the RH 44 zoning.
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City of Iowa City , ",::,J~[?&;j~;
MEMORANDUM"f''.';i~~''i
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Date: July 13, 19B4
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To:
Planning & Zoning Commission ,
Bruce A. Knight, Associate Planne~'
From:
Re:
Harlocke/Weeber Street Neighborhood Rezoni ng ~ Matrix Eva 1 uat ion
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BACKGROUND
On January 16, 19B4, Hallmark Homes Inc, filEld an application for approval' ..
of a Large Scale Residential Development (LSRD) plan for a four acre tract'
located on the east side of Harlocke Street, The property in question has, ,
been zoned multi-family residential since 1962, with a permitted develop":
ment density of one unit per 1000 square feet of lot area, The applica~: "
tion proposed a 108 unit multi-family development titled Harlocke Ridge, , ,
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Posting of the property alerted the residents of. 'the adjacent single,~; }~~ '
family area to the w~st of th~ propos.ed developmen~..-: ,,' T~ey , expressedi(,'!\)'~l;'i, 10
concern that a large 1ncrease 1n traff1c through .the".1):',' ne1ghbOrhO~d, ,w"O"U.l",d."",,",,:,. ',",' !i:,i~\,", ,X,:~:,'i;
re~ul~ from the pro~osed development, ,The, ne1ghbor~argued that, theii/)'tt!> ~ f -
eX1st1ng street des1gn made any traff1c lnCreaselntolerable.. The>,,,'~:'< jl~~.
app 1 i cant agreed that another means of access was necessarY. Therefcire,an;\\<.\i t;~
extension of Harlocke Street to ,Highway 1 on thesiluth was proposed;'i/:;:;,:'j!.( ~E 7 '
However, because a large. number of potential trip ge~erators,(e.9:.{f:f:;\f;~;j ~~.' '
emp 1 oymellt centers, shopp 1 ng areas" etc, ) are most, emly reached by .'~:U/.(}~: 0~
streets lo~ated north of the site,. it still appeared that' th~ primar,Yf//;;i;~)lK~W
means of 1ngress and egress would be' from Harlocke Street Vla Weeber/i!b6');i~, W~:
Street to Benton Street, Therefore, much of the traffic frOm the propcis'edijX<'.'?~.;t\~1 .'
multi-family development would be expected to travel through the adjoin;~g;;,"dEHl;: ~;~ " ),
'single family area to access Benton Street, ' , ' : ','j,:,.:(':/}: ib\~
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As a result of th1S concern, the ne1ghbors from the s1ngle faffilly develop,;;,,)',::, ~f~,
ment on Weeber Street, Weeber Circle and Harlocke Street requested th~ti<,.,'>:\i :,J1,;
the ,City Council in~tiate the rez~ning of a 10 acre 'area,including th,~;';.:';,~~';/ m;;
proposed Harlocke R1dge, developm~nt" fr.om ~44 to R~5, The RS5. zo~e,\""rf!),: :W';
allows development of mgle faIQ.11y res1dent1al dwelbngs at a rat1oot",,':(:' ;ji,\'
one unit per BODO square feet of: lot area, Assuming maximum utilizatiori:>:.,:')1! ~;~
of the approximate 10 ac,re area, the requested rezoning represented '~:'/::'Yi;~ .\1,%
density reductio~ of ~BI dwelling units (fr~m 4W ~~ell~n~ un.itsundeif.;;;:'~:\':h,: '~~
RM44 to !i4 dwell1ng un1ts under RS5,) However, maXlmum ut1lmtlOn of the;,,:.",:; ;I?:~
permitteo development density is unlikely given the severe topogra'phic:'<\':\~!i
limitations of the area, its unu'sual ~hape and the relatively small size' ',.,. :(;~:
of the area (which allows less flexib,ility in development), ,',~'i::
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After reviewing the proposed r~i6~ing to RS5,. the Planning & Zoning: "'Xf(
Conmission acted at their Aprfl 16, 1984 meeting to', recommend denial of A:;)
the neighbor's rezoning proposal because it was" perce-ived that'RS-5 zoning " :{i>
was an over.ly drastic reduction in density and because the,'site in <.:} n~} ,
question is not topographically suited for convention'al sing'l,e' family;r,.,"':> ;f!!
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zoning, An essential factor in the' process of determining the mostappro~
priate zoning is to design an acceptable vehicular circulation system for'"" ','ii;"
the undeveloped area, including land lying south of the existing single,ii:\<
:::;;b d:~1:~::tEy~::;;, :l:~t '1:: ';;:b ~~h~:dsr~i:~:i~:~:ti~f:~;~ · ..'i;,ji~
~~~~~~t fJnsa.l t~~~:~ i ~~e z~l:~h~~t~~rn:l tee:neat ~~~~ 1 or~hr~~;:d D ~n ~~::e~~~~,:,:;,;,',;,:,}.i~:,~,~,;.!,
the street pattern shown on the alternative site plans is only intended to;"",,,,
;~;i:::~: o;;::::{~e;:, ::: i c;~~ro~i :~~;~; \~:a8i;~ . 'r:::g~:p:;c~so~";; li .... ....~t,
Determining the "appropriate" zoning classification, for the land iri"',,:'\;:~;W,?lt
question is an intricate and complex problem which requires weighing the,." "'::,%{;~!r
interests of at least three general groups, i, e, the neighborhood, the:, '/::';o;tw
developer/property owner, and the city as a whole. The difficulty arises ,",\if4, '
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when attempting to assess objectively the proper weight to assign the.:' ,),"if,;i~;~
concerns of each interest group and, along with the given constraints of :":"/:'>&f
the area, to balance those concerns with the critical variables which will :':";(J.'I
be impacted differently by alternative densities of, development. The ",))'!;,
ultimate object of this process is to develop a zoning pattern which,.)., ',/.;;f':
provides for the integration of different styles of residential develop-"",),.)/,M
ment without imposing negative external ities on anyone interest group. In.,.,.'S;i~;$~':
reality, it is probably impossible to successfully achieve :this objective~",' ,:,,@~'~{:,{
Ra~her, tile mea~ure of succes~ should. be. based on meetlng those needs'>}}:Y;~!
WhlCh are determlned to be of hlghest pnonty, ,',' ,,' :,:"",'iI~t~ '
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METHODOLOGY..',',?;' ;,i,'ii,,,~
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The matrix evaluation system described herein is intended to serve aS~;"'i.:::,:,:)'t~s~'!
to~l f~r accomplishing the ~bjective revi~w. of alternat~ve zoning pla~s~,.',~;.::\IW.~tf.,
Thl~ wlll be d~ne by allOl'/lng each partlc~pant to ,rate .the alterna~lyie,,'::,;::;.;,'.~0:F
zonlng plans WhlCh are attached on the bam, of the.vanables descrlbe~,i::':'.HM1'
below. Potential participants include the Planning and Zoning Conmissi~n',..::'! ;"':;:*H
neighbors, property owners and developers from the subject area., Each ,",',,<ilV~
participant will, on an individual basis, fill out the; attached evaluation.:;~,/:)i1lr\
matrix and submit the results to the City. The results will be made ,');~Vfi?
available to the Planning and Zoning Conmission for their consideration in .' :..,'.)~n
deciding what zoning plan is appropriate and what areas should be in~ '. :'!,\((HN
cluded, this process is intended to serve as one means of reaching the,.-,);,;;;:,;;;1,:
decision as to what zoning classification is appropriate for the subject.!"';'iri:i;},;.t~j
area, In no way is it meant to be a "cure-all" for the complex problems '.:ii,\',i
involved in rezoning this area. ' ,,';:,),
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Before actually carrying out the evaluation process, ,it is necessary
identify the given constraints on development in the area in question,
define the variables and to establish a rating scale.,
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CONSTRAINTS
The following constraints were identified by staff as "givens" in deter-.'
mining and defining the variables contained herein,
1. The property in question must be allowed to develop in a rear;omib1e' .
manner, Complete restriction of development., is not an option.' "..
Therefore, each alternative must be viewed according'to the impact if,
creates, not in comparison to the present undeveloped land.
2. Only one access point is available to the north (i.e, Weeber Street):,
This fact can only be changed t.hrouoh condemnation and only the City
rnunr.j1 rAn, authorize ~uch Or9~~~o'nl1.s, Staft ;~'therefore working
under tht: as'SumptlOn that given the existing site constraints. no,
other northerly point of access is possible,
3, Secondary access must be provided for both the existing and proposed '
single family development and the multi-family development '" '
4. Much of the existing multi-family development has a density in excess
of one unit per 1800 square feet of lot area'and would, therefore, 'be
nonconforming if rezoned to anything less dense than'the current RM-44
zoning, with the exception of RNC-20, The existing development would.
not be made nonconforming under RNC-20 because all development which
existed prior to the date .of the rezoning would be treated as
conforming at its existing densitv
5, The undeveloped area is most conducive to a residential land use of
some type.
6. The layout of the street system must take into consideration the type
of development which can ultimately be expected to occur. In an area
zoned RS-5, Low Density Single-Family Residential, the zoning ordi-
nance requires a minimum lot area of 8.000 square feet, a minimum lot
width of 60 feet and minimum lot frontage of 35 feet on a public "
street, Therefore, the street system must be designed to allow
subdivision of lots which meet these minimum dimensions and have "
frontage on a public street, For land zoned multi-family residential.
the minimum lot area required ranges from 5,000 square feet in the
RM-20 and RM-44 zones, to 8.175 square feet (for multi-family uses)' in'
the RM-12 zone. However, because a multiple number of dwe11ing'units"
may be placed on one lot, it is more feasible to develop on larger lot
sizes, As a result, a less intricate street system is necessary for
mu1 t i-family development since 1 ess frontage on a public street is
required when large lots are used,
DEFINITION OF VARIABLES
From the areas of concern raised during previous' discussions on this"
subject, five variables were identified which will be impacted differently
by the different zoning classifications proposed in the attacheda1terna-
tives, The variables can be divided into two broad categories: those
that affect the feasibil ity of development (primarily physical) and those
that deal with the impact of development on the existing residential area
and the City as a whole. The variables are defined below:
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FEASIBILITY OF DEVELOPMENT
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1, Topographic conditions - This variable influences ,the actual develop-
ment potential of a site in terms of both density and cost. As slopes'
become steeper, siting difficulties tend to reduce ,the actual density
of development which may be obtained and improvemen~ costs rise
sharply. In this case, a large portion of the subject area is steeply,''''D:
~~~P~~n~~~~i~~~\' s iTnhg~See faO;i\~'n~e~:l ot::en~a~: ;f:tr~; f:n~e ~~u f~ i~:~ ~ ' , ,:,:,.:',',';,:,'"',;,'",:,,~::,,!,.,{,,,:,'
Therefore, in regard to topography alone, this land will be, more' '" ", .
efficiently developed in some type of arrangement which would cluster: ::,:",",.,::,~J.~
residential units on the more developable portions-of the site.This":;,_:,:,!,,t,~'
variable also has an impact on the layout and cost of providinga'",',,<+:mf.;
vehicular circulation system and for storrnwater detention, which is ".""::':f:}f
required by the City on all residential sites over two acres in size.' " ',,::':::i;J%,~
2, ;~;i;~~~;fe:};::~::~;:;;~~C:r~1::~:~fr:;:I[;:~:~;ir:~~v!:~;~;l~";~I.
:~~Via;:S ~on~'lU~~e~~~~~~, p~~teC~;icOe;,n f\~e:a~~~~/~~~ ~:~~~bl(~~de:h~~: ",:f:;~;M
;:;::ii:; ';:::r ,:~:::e::~:~i~~%~ u::~~I~:r:t~;::':;a;E, d:1E!;~.. . ci.l~i
for this area will be impacted differently by different levels of "q;"dii;S}
~evelopment de~sity. Theref?re, this variable prim~rily measures th.e "',:,>:2;:;?4J)t
lmpact that dlfferent dens lty levels have on trafflc volumes and the, ',:/;~:
,physical abil ity of those streets to carry those volumes. At the same , :':;';!ll
time, however, it must be recognized that some reasonable level of: "":",:::<:~
development must be allowed at this location and whatever occurs will':,',>~:,N
in~rease . the traffic volumes on Wee~er and Harlocke Streets., (Note: "":'{;i:\'!,~(:
ThlS varlable does not measure the lmpact of increased trafflC on the ,:",:,\;~,:
existing single family area, That will be included under "impact of;,;:\:
increased traffic volume" below. ) ,"}\
IMPACT OF DEVELOPMENT:ni:,:~;J.'
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1, Transition zoning - One argument for downzoning in this area has been ,;"..,:.,'.~;,',l,::,:," '
to create a transition zone between the higher intensity of high"", ,"i
density multi-family development and the single family area,to the<: .,:):;",&..~:
west. The impact of any transition zone is reduced by, the existing ','::, ;;\:;i>i
multi-family dwellings, which are developed at a density of one unit ',>,>/:,;,j~;
per 1000 square feet of lot area, located along the west side of'J<;';;';;:~)
Harlocke Street, However, on a broad scale, a dowozoning should,::.':<:W~\i ,
reduce the impact of the change in uses, and therefore, serve if ,: ':':}ii(,:f,
transitional function, According to the 1978 Comprehensive Plan report,:,',::hlt{
Land Use Conceets, "~rans it iona 1 uses between two very, di ss imi lar land " ";:::2{ii:
uses can be effect1Ve in developing and redeveloplng areas. " An,', , ',::':.j!:";!:
intermediate use which shares some of the characteristics and require':',:,\~/';~i:
ments of two very different uses provides a less abrupt transition:' "':....i;
from high intensity to low intensity," Therefore, ideally a transi': , <",
tional zone would be "intermediate" to the zoning categories on either ", ,,:"
side, ,.!,{]\
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2, Creating nonconformities - In assessing a proposed downZOning,:,\j'~!!!~j!t~f~~
consideration must be given to the impact on the existing multi-family:, '.:':'&i"Ji
development as well as to the single family development, The primary/>};,i~);
impact of a downzoning on the existing multi-family units in this case,i:,i'/;;W
is .if they are ~ade a, nonconforming use. A ~onconforming us~ ~s;.",:;'~j,I;;'
deflned by the zonlng ordlnance as "any use that ~s, not allowed wlthm<,,"/,;.:/i:W
the zone in which it is located or any way in which land or a building!, <",:g'1.1:
is used that is not in compliance with the provisions of this chapter,h<?i;\;}
by reason of the adoption of this chapter or subsequent amendments",<:t''i;tr
thereto," According to Section 36-80 of the zoning ordinance, noncon- "/,;':'i.\;'{'f,
forming uses are permitted to exist for perpetuity provided they shall:':c':)'}(is::
not ".,. be enlarged nor shall a structure for a nonconforming , use be'i.;::',i':J;~;~);?';
constructed, reconstructed , structurally altered, or relocated ona''''>'::::,f~;::;'):\i
lot," Further, the zoning ordinance provides that "Any structure for';",L;~t:[ti;:
a nonc?nforming use, which has be.en destroyed or damaged by fire;"".','.';';';;:;;? ",
exp10slOn, act of God, or by a publlC enemy to the extent of less tha~,,;I.:)\~YEi':
100% of the structure's assessed value, may be restored for the same < ";:?i,gW;ji-
nonconforming use as existed before such damage," Therefore, while, a'~':,',\~\\}m;i,
downzoning does not automatically preclude the continuation of the<',<;:';;:'~lij;
existing use, it does present the potential that, through whatever set:>,>'r;:::jf~~,
of circumstances the right to that use may be lost." Note that the' "'::);::(~I\'i '
RNC-20 zone would not result in making existing units nonconforming';"';'\;t}ii:'X(
because in that zone, multi-family uses which exist prior to rezoning ';:;;;:,'2(:t
are treated as conforming at their existing density. Therefore, they,,;:i.:';:;X:'f',\~"
would always be allowed to maintain their existing densitv. ___- -":,'> "'::}i//,;jl:.,
3, ~act of increased traffic vo1~me - One of the contentions made by;'\n,.,,;;t.;]t~~i!I~~" "
the neighbors . in support of a downzoning is th.at i~creased tr~ffic/, ,"/;;;'i,',;,:X,;(,:,~!,! .,',
vol urnes resu1 t lnQ from development at RM-44 dens lty wl11 be detnmen- ',::,';">t::,?,)
tal to the existlng single-family area to the west. This concern is ',' ,"..;6:;Y~1 ,,'
based on two points. First, the only access to the north for residen- .' ;',;;-'Nl' '
tial units on Har10cke Street, Weeber Court and Weeber Street is via ,.,,/\ii...:'l,
Weeber Street to Benton Street, Thi s requires passage through the ,'..;';1i"~0~~'.~
single family residential area and raises concerns of safety forthe,.,:"/S':,:>:~!{il:
pedestrians in that area (many of whom are children). Second, many of ::.::,'.J:':/'i',';:}~1
the possib~e trip generators for ,the existing and pot, ential resi.dents",,',:,",',:,',..,:.,",.'..,:.',,".',"..,.(;,,;,;:,;,:.;,,','~,'~,::,"),':;,I.:,',!,""
of the subJect area are most easl1y reached by streets located to the;":;':I:',:i;~'YXi}~!i!
north of the site. This leads to a concern that even with ser:onrl~"v':';:;:,:;/;k';::f;((:, "
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access to the south, most trips will enter and exit from the north. 'In' ,7/)\): :J':\:~:d; ! "
evaluating the impact of increased traffic, blO constraints must be,.if:'t~.'j'~;:~~ " ,
kept in mind, First, that the currently undeveloped '.and in this ar:ea,','.'.'::(~i};'J,\;ii,~'
must be allowed .to de~e10p in some reasonable fashlon, ,T~erefo~e;i,;;,:.t:\~(;:Xk\~'
as~es~ment of ~hlS vmab1e should not be based on a .compamon ~lth,:';'}:(:X\:if.
eXlstlng trafflc volumes, Second, secondary access wl11 be requlred ",:;:,;i::,:V".~
for both the existing single family area and the undeveloped area,' '<{:;~<;:j:~~
Therefore, while a greater number of trips may still access to the ',';!;',;':,','i\,':,~;;::,
north, some percentage of the total number of trips will be to the~Y,,:::/:;;'i
south, Further, if the Weeber/Benton Street intersection is perceived';""";;.',>Yit
\1S being difficult to use, more drivers may chose to use the southern, "o"'::'{:'*
Doi nt of access, especially during peak periods and during poor..,' ".:'(~tl
weather conditions. .,',';:'j
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Honorable Mayor and Council Members,
If~f/If~ ownel' of property adjacent to the
Ruppert Tract urge the Council to consider my wishes, recognize and
respect the relationships that exisl among the property owners
adjacent to the whole Ruppert Tract, and leave the current zoning
RM44 or
Owner'. Signature
'Address
Iowa Ci ty, ,Tohll50n Co. [A Zip
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Honorable Mayor and Council Members,
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J,~ fl1.c....fI1.tt;t'f6kJ , owner of property adjacent to the
Ruppert Tract urge the Council to consider my wishes, recognize and
respect the relationships that exist among the property owners
adjacent to the whole Ruppert Tract, and leave the current zoning
RM44 or .
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Addl' ess
Iowa City, Johnson Co, IA Zip
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CUy o~ Iowa, CUy
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Re.: REZ93-0007
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Iowa, CUy, Iowa, 52245
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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 5th day of July,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
(jiCh hearing the Council will consider:
,. An am endment to the Comprehensive Plan
to change the land use map designation of
property located east of Harlocke Street
from' 6-24 dwelling units per acre to 2-8
dwelling units per acre.
2. An amendment to the Comprehensive Plan
to change the land use map designation of
property located on the north side of High-
way , West from 8- 16 dwelling units per
acre to 2-8 dwelling units per acre.
3. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
approximately 4 acres of land, known as
the Jensen tract, located east of Harlocke
Street from RM-44 to RS,5.
4. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
an approximate 11.5 acre tract of land,
known as the Ruppert tract, located gener-
ally north of Highway 1 West from, RM-44
to RS-S.
5. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
an approximate 2 acre tract of land locat-
ed generally on the east and west sides of
Har!ocj(e Street from RM-44 to RS.5.
6. An ordinance amending Chapter 36 of the
Code of Ordinances of the City of Iowa
Cirl, Iowa, entitled "Zoning" to permit
building contractor facilities in the CC-2
zone by special exception.
7. A resolution to annex land in the vicinity
of :he intersection of Mormon Trek Boule-
vard and Highway 1 and to annex land
ncr:~'Nest of the intersection.
S. An ordinance amending the Zoning Ordi-
nance by changing the use regulations for
property located in the vicinity of the Mor-
mon irek Boulevard/Highway , intersec-
tion from County A 1 to CI-' and land
northwest of the intersection from County
R1A to CO.l.
9. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
a property located at 402 S. Linn Street
from PRM to CS-5.
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NOTICE OF PUBLIC HEARING
On Tuesday, September 27, 1994, at 7:30
p.m., the Iowa City City Council will provide an
opportunity for Public Comment regarding
amendments to the 1994 Community
Development Block Grant (CDBG) budget and
final statement.
The Committee on Community Needs (CCN)
has reviewed and made a recommendation to
the Iowa City City Council on these
amendments. The CCN and the City of Iowa
City certify that the allocation of funds will be
used for activities that primarily benefit low and
moderate income persons. Detailed activity
information regarding the amendments is
available during business hours Monday
through Friday at:
City Clerk's Office
410 E. Washington St.
Iowa City, IA 52240
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Department of Planning and Community
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410 E. Washington St.
Iowa City, IA 52240
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City of Iowa City
MEMORANDUM
Date: September 22, 1994
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To: City Council and City Manager
From: ~ Marianne Milkman, Community Development Coordinator
Steven Nasby, Associate Plann~
Re: CDBG Budget Amendment
, ,
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The year end accounting has been completed for the 1993 CDBG program year. As expected
we had some carryover and additional program income, much of it from the Housing Rehabilita-
tion Program. The rest of the carryover is mainly from $40,000 budgeted for flood relief before
we got the supplemental allocation, $30,000 for land acquisition for affordable housing (the North
Dodge Street Court project fell through), and $73,000 from contingency.
There is an additional $322,438 to be budgeted for the 1994 CDBG program year. The Housing
Rehabilitation Program's share of this is $159,159, while $6,925 was obligated for Administrative
expenses. This leaves $156,354 for allocation.
In a previous budget amendment, $17,300 of contingency funds were used to fund the Hillcrest
Family Services Transitional Housing Program; we are recommending that this amount be
replaced into contingency. After these funds are subtracted, there is $139,054 left to' be
budgeted. As you are aware, the T owncrest Relocation Program received $150,000 from EAGLE.
In order to relocate more than 50 households in Towncrest, additional funds for relocation are
needed. Originally, HOME funds were budgeted to assist us with this relocation; however, due
to federal regulation changes for the HOME program, this source of funds cannot be used for
relocation assistance. We are therefore recommending that the remaining $139,054 in COBG .
monies be allocated to the Towncrest Relocation Program for relocation assistance.
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city of Iowa City
MEMORANDUM
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" Date: September 22, 1994
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To: City ,Council
From: Stephen Long, Associate Plan~@\;
, Re: CCN Recommendation on CDBG Budget Amendment
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At its meeting on September 21, 1994, CCN recommended approval of the revised budget by
a vote of 9.0. There was considerable discussion regarding the process for alIocating such
additional funds, The committee agreed to develop a formal policy regarding such allocations
later in the year. Further discussion wilI take place when procedures are agreed on for
allocating 1995 CDBG monies.
RECOMMENDATION TO ,THE CITY COUNCIL
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The Committee on Community Needs recommends approval of the proposed amendments to
the 1994 CDBG Program Statement and Budget.
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i '. NOTICE OF PUBLIC HEARING
Notice i,s hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 27th day of Sep-
tember, 1994, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa, in consideration of an ordinance
amending Title 3, Iowa City Code of Ordinanc-
es, entitled "Schedule of Fees, Rates, Charges,
! Bonds, Fines and Penalties," by increasing fees
;
" in the Dubuque Street Ramp to $.50 per hour.
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, Copies of the proposed ordinance amend-
ment are on file for public examination at the
i office of the City Clerk, Civic Center, 410 E.
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: Washington Street, Iowa City, Iowa.
Persons wishing'to make their views known
i for Council consideration are encouraged to
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appear at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO,
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY
CODE, TO INCREASE THE HOURLY PARKING RATE IN THE DUBUQUE STREET PARKING
RAMP '(RAMP B) IN IOWA CITY, IOWA.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION 3-4-7, Title 3, Chapter 4, Subsection 7, Parking Violations of the Iowa City Code of Ordinances
should be and is hereby amended by repealing Section 3-4-7, relating to Parking ramps, and enacting
in lieu therefore a new Subsection 3-4-7 to be codified and to read as follows:
City Code
Chapter, Article
Description of Fee, Charge, Bond, Fine Amount of Fee, Charge, or Section
or Penalty Bond, Fine or Penalty Reference
Parking ramps:
Hourly parker (Ramp B) $0,50
SECTION II. REPEALER, All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III, SEVERABILITY, If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV, EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and
publication, in accordance with law, on January 1, 1995,
Passed and approved this
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MAYOR
ATTEST:
CITY CLERK
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ORDINANCE NO, : /
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXAT 6NAND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES ND PENALTIES" OF THE CITY
CODE, TO INCREASE THE HOURLY PARKING RATE IN T E DUBUQUE STREET PARKING
RAMP IN IOWA CI ,IOWA.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY C NCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION 3-4-6, Title 3, hapter 4, of the Iowa City Cod of Ordinances should be and is hereby
amended by repealing Seclt n 3-4-6 in its entirety and en ting in lieu therefore a new Section 3-4-6 to
be codified and to read as fo ows:
3-4.6: PUBLIC TRANSPORT TION:
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Bond, Fine or Penalty
Description of Fee, Charge, Bo
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General Fares and Rates
Standard fare, general public
School field trip
Saturday fare, general public
Monthly pass, general public
Special Fares
Elderly persons
Low-income elderly
Handicapped
Charges for Use of Faciliti sand/or
Personnel
Use of City transit vehi e, per vehicle, per $ 30.00
hour
Use of City transit operator, per hour
Use of City transit vehicle and operator,
per hour
$15.00
$ 45,00, plus fuel tax
surcharge
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3-4.7: PARKING VIOLATIONS:
City Code
I Chapter, Article
DescriPti~\ of Fee, Charge, Bond, Fine Amount of Fee, Cha~el or Section
or Penalty Bond, Fine or Pen~l Reference
, /
Fee for contraczor Reservation of Space, $ 5,00 9-4-8B
Per Day
Show-Up Fee Ch~~ed by Tow Truck $ 20,00 ,j 9-4-8 B
Operator
Parking Meter Fees: \ / 9-5-1
Central business distri on-street meter, $ 0,5;/
per hour
Central business district I~eter, per $fo
hour
Peripheral on-street meter (O~de central IA 0,30
business district), per hour
Peripheral lot meter (outside cenl\1 / $ 0,30
business district), per hour
Meter hood/contractor, per day \ / $ 5,00
Fees for Parking in City Parking Lotsj \ 9.5-4
City Parking lots adjacent to ce~t~ \
business district and central bus' ess:
Monthly all-day permits, per hear \ $ 45,00
Monthly all-day permits (fUal advance 1~513,oo
payment), per year
Monthly, off-hours perrits (after 5:00 $~OO
P,M" Monday through Friday, all day
Saturday and Sunda~, per month ,
All other City lots/rann s: \
Monthly all-day pJrmits, per month $ 35.00\
Monthly all-~~Iermits, (annual $399,00'\
advance pay nt), per year
City employee Jot permits, per month $ 17,50 '\
Parking ramls: \
Hourly pdrker (Ramp A), per hour $ 0,50 \
Hourly parker (Ramp B), per hour $-QA5 $0.50 \
\
Hourly parker (C~auncey Swan), per $ 0.30 \
hour \
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Monthly all-day permits (Ramp A), per $ 55,00
day
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Amount of Fee, Charge,
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City Code
Chapter, Article
or Section
Reference
Monthly all- ay permits (Ramp A), per $ 627,00
day
Monthly all-da permits (annual advance $ 513,00
payment - Ram B), per year
Ramp A is the Cap'tol Street Parking Ramp, while Ramp B s the Dubuque Street Parking
Ramp.
Reissue of Ramp!!. and Ramp B
monthly permit exit ard, each reissue
Reissue of all other p rmlts, each
reissue
10 days after issue, overt' e and $ 5,00
expired meter ticket fee shall incre se
to
30 days after issue, I illegal parking $ 10,00
fees, except handic ped, shall increa
to
Overtime parking
Expired meter
Prohibited zone
Illegal parking - handicapped p rking
space
One hour restricted zone, Civic
All other illegal parking violation
Increases:
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$ 3,00
$ 3,00
$ 5.00
$ 50,00 or as stated in the
Code of Iowa, as amended
$ 3.00
$ 5.00
9-5-3, 9-5-6
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SECTION II, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY, If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the orZin nee as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV, E FECTIVE DATE, This Ordinance shall be in effect after its final pa age, approval and
publication, as p ovided by law,
Passed and ap roved this
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MAYOR
ATTEST:
CITY CLERK
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IOWA CITY
P.O. Box64
IOWA CITY, IOWA
52244
(319) 354-0863
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TO: Iowa City Council Members
FROM: Downtown Association of Iowa City
John Murphy - President
RE: Proposed Parking Ramp Increase
DATE: September 27, 1994
The Board of Directors of the Downtown Association of Iowa
City and many of. our members have several concerns regarding
the proposed rate increases in the Dubuque Street Parking
Ramp and permit parking fees. We disagree with any
increases and our reasons include: .
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1) The Iowa City Council formed the Downtown Transportation
Committee to. study the Iowa City parking and transit
situation. Committee members representing the business
community are concerned about the elasticity of parking
fees. There is concern that any increase will have a direct
negative effect on retail sales.' Before any fees are
increased they request the City explore economies in fixed
~oute and'SEATS service, and begin a marketing program
to increase ramp usage by 10%. The committee as a whole
agreed that the public image of parking in central business
district could be greatly improved with several minor .
improvel(lents. The general consensus w.a,Uha t all al terna ti ves
b~ explored before there is any increase in hourly fees.
2) SEATS, transit, and parking have been pooled together,
but we still feel that SEATS and transit should be funded
by city-wide taxes (ex. property taxes), and not by
downtown parkers. Parking rates do not need to be increased.
There is a need to look at SEATS and transit expenditures
and also to promote more usage and therefore profit from
the downtown ramps.
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3) We need to be realistic about the increased challenges Iowa
City faces from cOMpetition. Our parking rates are alr~ady
about the highe'st in the state and lie need to keep them
reasonable for our customers.
4) The community response regarding this issue is overwhelmingly
against any increase.' Remember the Press Citizen letters
,
to the editor, June 14, 1994?
5) We urge you to vote ~ on any increases to the hourly
rate or long term permit holders.
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~hank you for your consideration.
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On 0 ate
Fall Concert Series
Thursdays from 6pm unti/Bpm in the Old Capitol Mall
beginning September 29 and continuing through October 21
S E P T E M B E R
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BIG WOODEN RADIO
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OCT 0 B E R 6
MELISSA & THE TALL GUYS
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OCTOBER 13
NO FAULT POLK
OCT 0 BE R 20
TOO MVCH YAN~
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OCT 0 B E R 27
GREET THE ELITE · HOSPICE ROAD RACE PARTY
Featuring HIGH & LONESOME
~Citizen Sponsored i
Your Local Newspaper by OLD ~APITOL
M' A' L' L
FREE P.lBlilNG . Thursdays 5pm . 9pm at the Clinton Street Ramp
Provided by the Downtown Association
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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 27th day of Sep-
tember, 1994, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa, in consideration of an ordinance
amending Title 3, Iowa City Code of Ordinanc-
es, entitled .Schedule of Fees, Rates, Charges,
Bonds, Fines and Penalties," by increasing
monthly parking permit fees in Iowa City, Iowa.
Copies of the proposed ordinance amend-
ment 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
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ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY
CODE, TO INCREASE MONTHLY PARKING PERMIT FEES IN IOWA CITY, IOWA.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION 3-4-7, Tille 3, Chapter 4, Subsection 7, Parking Violations of the Iowa City Code of Ordinances
should be and is hereby amended by repealing Section 3-4-7, relating to Fees for Parking in City Parking
Lots, and All Other City lots/ramps, and enacting in lieu therefore a new Subsection 3-4-7 to be codified
and to read as follows:
Description of Fee, Charge, Bond, Fine
or Penalty
Fees for Parking in City Parking Lots:
City Parking lots adjacent to and within the
central business district.
Amount of Fee, Charge,
Bond, Fine or Penalty
City Code
Chapter, ArtIcle
or Section
Reference
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9-5-4
,
Monthly all-day permits
Monthly all-day permits (annual advance
payment)
Monthly, off-hours permits (after 5:00
P.M" Monday through Friday, all day
Saturday and Sunday)
All other City lots/ramps:
Monthly all-day permits
Monthly all-day permits, (annual
advance payment)
City employee lot permits, per month
$ 50,00
$570.00
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$456,00
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SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed,
SECTiON III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV, EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and
publication, in accordance with law, on January 1, 1995.
Passed and approved this
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ArrEST:
CITY CLERK
1tan.llllill.2,ofd
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ORDINANCE NO,
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ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY
CODE, TO INCREASE MONTHLY PARKING PERMIT FEES IN IOWA CITY, IOWA.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION 3-4-6. Title 3, Chapter 4, of the Iowa City Code of Ordinances should be and is hereby
amended by repealing Se ion 3-4-6 in its entirely and enacting in lieu therefore a new Section 3-4-6 to
be codified and to read as ollows:
3-4-6: PUBLIC TRANS PO TATION:
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Description of Fee, Charge
,or Penalty
General Fares and Rates
Standard fare, general public
School field trip
Saturday fare, general public
Monthly pass, general public
Special Fares
Elderly persons
Low-income elderly
Handicapped
Charges for Use of Facilities and/or
Personnel
Use of City transit vehicle, per vehicle,
hour
f'
Use of City transit operator, per h r
Use of City transit vehicle and
per hour
't!
Amount of Fee, Charge,
Bond, Fine or Penalty
$ 0,50
$ 0040
$ 0.50
$18,00
$15,00
$ 45,00, plus f
surcharge
City Code
Chapter, Arrble
or Section
Referenc
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34.7: PARKING VIOLATIONS:
City Code
Chapter, Article
Description of Fee, Charge, Bond, Fine Amount of Fee, Charge, or Section
or Penalty - . Bond, Fine or Penalty Reference
Fee for contract~\ Reservation of Space, $ 5,00 9-4-8B I
Per Day )
Show-Up Fee Char~ by Tow Truck $ 20.00 94-8;1
Operator
Parking Meter Fees: \ 9,5.1
/
Central business district ,street meter, $ 0,50 /
per hour
Central business district lot ~er, per $ 0.50 /
hour
Peripheral on-street meter (outs~e central $ 0,30 /
business district), per hour
Peripheral lot meter (outside centr\ $ 0,30 /
business district), per hour
Meter hood/contractor, per day \ $ 5~
Fees for Parking in City Parking Lots: \ / 9-5-4
City Parking lots adjacent to central \ 1/
business district and central business:
Monthly all-day permits, per year / $ 4S.QQ $ 50.00
Monthly all.day permits (annual fance I\,",M $570.00
payment), per year
M'"." "."'"" p"m;:~ 5,00 ~ ~.nn $ 39.00
P,M., Monday through Frid ,all day
Saturday and Sunday), p month \
All other City lots/ramps:! \
Monthly all-day per~s, per month $ as.O~ 40.00
Monthly all.da;elmits, (annual $a99,OQ. :~6.00
advance pay me t), per year
City employee Itt permits, per month $-1+.W $ 20~0
Parking ramp/: \
Hourly par}er (Ramp A), per hour $ 0,50 \
Hourly parker (Ramp B), per hour $ 0.45 \
Hourly parker (Chauncey Swan), per $ 0.30 \
hour
Monthly all-day permits (Ramp A), per $ 55,00 $60.00 \
day
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Amount of Fee, Charge,
Bond, Fine or Penalty
Description of Fee, Charge, Bond, Fine
or Penalty
Monthly all.day permits (Ramp A), per
day
Monthly all-day permits (annual advance $ 51J.OQ $570.00
payment . Ramp B), per year
Ramp A is the Capitol Street rking Ramp, while Ramp 8 is the Dub
Ramp,
$ 827,00 $684.00
$ 25,00
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Reissue of Ramp A and Ramp
monthly permit exit card, each r issue
Reissue of all other permits, eacH
reissue
$ 2.00
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Penalties for Parking Violations:
Overtime parking
Expired meter
Prohibited zone
Illegal parking. handicapped parking
space
$ 50,00 or as stated in the
ode of Iowa, as amended
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All other illegal parking violations
Increases:
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10 days after issue, overti e and
expired meter ticket fees hall increase
to
30 days after issue, a illegal parking $ 10,00
fees, except handica ped, shall ,increase
to
A([ 0
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City Code
Chapter, Article
or Secti n
Refere ce
9.5.3 9.5.6
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SECTION II. REPEALER, All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed,
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV, EFFECTIVE DATE. This Ordi ance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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