HomeMy WebLinkAbout1994-10-25 Ordinance
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City of Iowa City
MEMORANDUM
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Date: October 25, 1994
To:
City Council
Sarah E, Holecek, Assistant City Attorney~
Melody Rockwell, Associate Planner 1"r'+1' .
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From:
Re: Clarification of the Definition of DU in the Neighborhood Open Space Formula
Staff has received questions from several developers about the meaning of DU in the formula
set forth in the proposed Neighborhood Open Space ordinances. As oriqinallv presented to
Council, the section entitled, "Amount of land to be dedicated," (Section 14-6J-2E3a in the
Planned Development Housing Overlay Zone (OPDH) section of the Zoning Chapter, and
Section 14-7D-3A in the Land Subdivisions Chapter of the City Code) the definition for DU
read as follows:
DU = Dwelling units per undeveloped acre multiplied by a density factor of 65%
based on demographic data of development in Iowa City
I
Staff recommends the followinQ revised definition of DU to more clearly state the meaning of
the term and more accurately reflect the language defining DU in the neighborhood open
space section of the Comprehensive Plan as follows:
DU = Dwelling units per undeveloped acre (65 % of maximum de'nsity allowed by the
Zoning Chapter). This percentage reflects the average development density
occurring in Iowa City,
The pertinent page including the revised section for each ordinance has been attached for your
consideration, This revision is considered a point of clarification, not a substantive change,
and therefore can be incorporated by consent of Council into the proposed neighborhood open
space City Code amendments,
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ORDINANCE NO,
PAGE 3
A x ,65DU x PDU x 3/1000
A = Acres of undeveloped property
DU = Dwelling units per undeveloped acre
(65% of maximum density allowed by the
Zoning Chapter), This percentage reflects
the average development density occurring
in Iowa City,
PDU = Persons per dwelling unit based on
the most recent Census
3/1000 = The community standard of acres
for active neighborhood open space required
per 1,000 persons, as determined by the
formulas set out in the Neighborhood Open
Space Plan adopted July 1993 as an
amendment to the Iowa City Comprehensive
Plan, This formula shall be deemed
reasonably calculated to meet the
Subdivider's proportionate share of the
development's impact upon and creation of
increased and additional need for
neighborhood open space,
B. Nature of land to be dedicated,
Except as otherwise required by the City at
the time of preliminary subdivision plat
approval, all dedications of land shall meet
the following criteria:
1, Usability, At least ninety percent
190%1 of the land required to be
dedicated shall be located outside of
floodways, lakes or other water bodies,
areas with slopes greater than fifteen
percent (15%), wetlands subject to
Federal or State regulatory jurisdiction
and other areas the City reasonably
deems unsuitable for neighborhood
open space dueto topography, flooding
or other appropriate considerations,
Dry bottom storm water detention
facilities and dry creek areas may be
credited toward reaching a portion of
the required land dedication when the
City determines that such areas are
suitable for use as neighborhood open
space, The City encourages the
dedication of lakes, ponds, creeks,
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Ordinance No,
Page 2
6J,2E, "Dedication of Neighborhood Open
Space or Payment of Fees in Lieu of Land for
Neighborhood Open Space," to read as follows:
1. Purpose This section is adopted to ensure
that adequate usable neighborhood open
space, parks and recreation facilities are
provided as development occurs within
Iowa City, and to do so in a manner which
is consistent with the Neighborhood Open
Space Plan adopted by the City July 1993
by using a fair and reasonably calculated
method to equitably apportion the costs of
acquiring and/or developing land for those
purposes. Active, usable neighborhood
open space includes pedestrian/bicycle trails
preferably located within natural greenway
systems, and also includes neighborhood
parks that serve nearby residents, Portions
of community parks may be adapted for
neighborhood use, but this ordinance is not
intended to fund the acquisition of commu-
nity parks or large playing fields for orga-
nized sports, While this section is primarily
intended to provide usable neighborhood
open spaces, it is also intended to encour-
age, wherever reasonably feasible, the
dedication of sensitive areas in conjunction
with the usable open space.
2, Dedication of Land or Pavment of Fees in
Lieu of Land Reauired As a condition of
approval for planned development housing,
each developer shall dedicate land, pay a
fee in lieu of land, or, a combination there-
of, for park, greenway, recreational and
open space purposes as determined by the
City and in accordance with the provisions
of this section, all as a reasonable method
calculated to accomplish the City's goal of
requiring development occuring in Iowa City
which creates Increased needs for neighbor-
hood open space ("open space impact"l to
pay a proportionate share of the City's
capital improvements to fulfill said open
space impact needs,
3. Dedication of Land
a, Amount of land to be dedicated,
The amount of park land dedication
shall be determined by the following
formula:
A x ,65DU x PDU x 3/1000
A = Acres of undeveloped property
DU = Dwelling units per undeveloped
acre (65% of maximum density allowed
by the Zoning Chapter!. This percent-
age reflects the average development
density occurring in Iowa City,
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City of Iowa City
MEMORANDUM
Date: f'?, .caber 24, 1994
To: The Honorable Mayor Susan M, Horowitz and Members of the City Council
From: Linda Newman Gentry, City Attorney, and Sarah E, Holecek, Assistant City
Attorney ~ s8;{L
Re: Neighborhood Open Space Ordinances; Continuing Availability of Federal Tax
Deductions for Dedicated Parklands
You have asked for an explanation of how the Neighborhood Open Space Ordinance operates
to either provide or allow a tax deduction to a developer dedicating land or paying fees in lieu
of land under the ordinance, First, when compared with similar ordinances from other
communities which require from 5 to 10 acres,as well as the existing ratio for Iowa City of
parkland per 1000 population (6 acres per 1000 persons excludinq Hickory Hill park), the
amount of parkland being required for dedication is quite low, namely only 3 acres per 1000
population.
With this comparison in mind and since any land and\or fees dedicated to the City above and
bevond the required amount may be tax deductible, a low-end requirement provides
opportunity for a developer to obtain a tax deduction by dedicating land and/or paying fees
in excess of the City's requirement.
Additionally, depending upon the structure (sole proprietorship, partnership or corporationl
and/or earnings of the donating entity, the developer may elect whether to treat the deduction
as a business expense or a charitable contribution personal deduction, In other words, the
ordinance preserves the developer's ability to elect the characterization of the donation to
maximize the tax benefits, based on each individual developer's situation.
Also, the definition of "usability" in terms of the dedicated parkland also provides the
developer an opportunity to obtain a tax deduction, That is, land which would otherwise not
be developable due to steep slopes, wetlands, periodic flooding or stormwater detention may
now be deemed "usable" parkland and acceptable for dedication, A developer may thus meet
and/or exceed the dedication requirement by dedicating land which would otherwise be
"useless" to the developer, and thereby obtain a tax deduction,
In sum, the dedication requirement and definition of land acceptable for dedication are quite
"developer friendly," and in fact, provide opportunities for a developer to obtain a tax
deduction by dedicating land which would otherwise lack value to the developer. Further, the
ordinances preserve the developer's ability to elect the characterization of the deduction to
maximize the tax benefits according to their own particular circumstances,
cc: Melody Rockwell
Karin Franklin
Marian Karr
Steve Atkins
Dale Helling
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City of Iowa City
MEMORANDUM
Date: October 24, 1994
To: Linda Newman Gentry-City Attorney
From: Sarah E. Holecek-Assistant City Attorney~
Re: Neighborhood Open Space Ordinance-Tax Deductibility
You have asked for an explanation of how the Neighborhood Open Space Ordinance
operates to either provide or allow a tax deduction to a developer dedicating land or
paying fees in lieu of land under the Ordinance. First, when compared with both
similar city ordinances and the current ratio of parkland per 1000 population (6 acres
per 1000 persons excludinq Hickory Hill park) the amount of parkland being required
for dedication is quite low. As any land and\or fees dedicated to the City above and
bevond the required amount may be tax deductible, a low-end requirement provides
opportunity for a developer to obtain a tax deduction by dedicating land and/or paying
fees in excess of the requirement.
CD
Second, the accommodating definition of "usability" in terms of the dedicated
parkland also provides the developer an opportunity to obtain a tax deduction. Land
which would otherwise not be developable due to steep slopes, wetlands, periodic
flooding or stormwater detention may be deemed "usable" parkland and acceptable .,
for dedication, A developer may thus meet and/or exceed the dedication requirement
by dedicating land which would otherwise be "useless" to the developer and thereby
obtain a tax deduction,
In sum, the dedication requirement and definition of land acceptable for dedication are
quite "developer friendly" and provide opportunities for a developer to obtain a tax
deduction by dedicating land which would otherwise lack benefit to the developer.
cc: Melody Rockwell
Karin Franklin
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City of Iowa City
MEMORANDUM
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Date: October 19,1994
To:
City Council
Sarah Holecek, Asst. City Attorney ~
Melody Rockwell,,,Associate Planner
('/"" '\
Revised Neighborhood Open Space Ordinance
From:
Re:
At its October 10, 1994, work session, Councilor Naomi Novick suggested that the Neighborhood
Open Space ordinance specifically list "floodplains" and "woodlands" in the sensitive areas section
of the ordinance. The language in the "Usability" section of the ordinance was revised to read:
"The City encourages the dedication of lakes, ponds, creeks, other water bodies, wetlands falling
under the jurisdiction of State or Federal agencies and other sensitive areas, including
floodplains and woodland areas, both as ten percent (10%) of and in addition to the dedicated
land required by this section..,(Section 14.7D-381 "Land Divisions," and Section 14.6J.2E3b1
"Planned Development Housing Overlay Zone (OPDH)") Upon further reflection, the
Neighborhood Open Space ordinance was further revised to delete floodplains from beinq
specifically listed as a sensitive area that can only count toward 10% of the neighborhood open
space requirement.
Floodplains are often used as open space; both as parks and for greenway trail systems. Unlike
floodways -. the "carrying channel" for rivers and smaller streams, floodplains provide usable,
active open space most times of the year, Floodplains preferably should be retained in open
space to serve as natural buffers and pollution cleansing filter strips, The City's experience over
the past two years in negotiating open space in conjunction with rezonings, subdivisions and
planned developments is that floodplains associated with streams provide attractive, usable open
space that developers are willing to dedicate. It is generally a less buildable area, and does not
carve "a lot or two lots" out of the most developable part of the property, Staff recommends that
floodplains continue to be counted toward the 90% portion of requi~ed usable open space,
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ORDINANCE NO,
AN ORDINANCE AMENDING TITLE 14. CHAP-
TER 6. ARTICLE J, SECTION 2 OF THE C1Tt.
CODE OF IOWA CITY, IOWA, ENTITLE
"PLANNED DEVELOPMENT HOUSING OV -
LAY ZONE (OPDHI" TO REQUIRE DEDICA ON
OF LAND OR PAYMENT OF FEES IN LI OF
LAND FOR NEIGHBORHOOD OPEN SP. CE,
WHEREAS, neighborhood ope space is
considered a vital part of Iowa Cit s communi.
and often serves as a focal oint of neigh-
b rhood activity; and
HEREAS, attractive ope space enhances
and reserves private prop ty values, and also
serv the immediate an future needs of area
reside ts in the same ay as other capital
improv ents such as treets, water mains and
sanitary nd storm s ers serve residents of a
neighborh od; and
WHEREA ,acti e, usable neighborhood open
space includ p destrian/bicycle trails prefera-
bly located WI in natural greenway systems,
and also inc es neighborhood parks that
serve nearb~ resl ents; and
WHERE , it is e intent of the City of Iowa
City, low , to ens re that adequate usable
neighbor ood open see, parks and recreation
facilitie are provided' a manner consistent
with t e Neighborhood en Space Plan adopt-
ed a part of the City's C prehensive Plan on
Jul 20, 1993, and that the ethod of assuring
su h open space is an equ table, predictable
d reasonably calculable ay to acquire
eeded open space as develo ent occurs in
the City,
WHEREAS, the City of Iowa 'ty, Iowa has
determined that new developmen creates an
impact and burden on existing ne hborhood
open space, as well as a need for dditional
neighborhood open space; and
WHEREAS, the prOVision of neigh orhood
open space through dedication and/ r the
payment of fees to be used for land acqUl ition
In lieu of dedication is a reasonable and 0 ec-
tive method for addressing and alleviating s ch
impact, and also promoting and protecting t e
public health, safety and welfare of the citizen
of Iowa City,
NOW THEEFORE BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. AMENDMENT. Title 14, Chapter 6,
Article J, Section 2 "Planned Development
Housing Overlay Zone (OPDHI," of the City
Code is hereby amended by adding Section 14-
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Ordinance No.
Page 2
6J-2E, "Dedication of Neighborhood Open
pace or Payment of Fees in Lieu of Land for
N ighborhood Open Space," to read as follows:
1 , ur ose This section is adopted to ensure
t at adequate usable neighborhood open
sp ce, parks and recreation facilities are
pro ided as development occurs within
low City, and to do so in a manner which
is co istent with the Neighborhood Ope
Space Ian adopted by the City July 19 3
by usin a fair and reasonably calcul ted
method t equitably apportion the c ts of
acquiring nd/or developing land f those
purposes, Active, usable neig borhood
open space i cludes pedestrian/b' ycle trails
preferably loc ted within natur I greenway
systems, and Iso includes eighborhood
parks that serve nearby resi ents, Portions
of community p rks may be adapted for
neighborhood use but t . ordinance is not
intended to fund t ac uisition of commu'
nity parks or large I ing fields for orga'
nized sports. While is section is primarily
intended to provid sable nei9hborhood
open spaces, it is Iso 'ntended to encour-
age, wherever eason bly feasible, the
dedication of se sitive ar as in conjunction
with the usabl open spac ,
2. Dedication 01 Land or Pa ent of Fees in
Lieu of Lan Re uired As condition of
approval f planned develop nt housing,
each dev loper shall dedicate nd, pay a
fee in Ii of land, or, a combina 'on there-
of, for park, greenway, recreati nal and
open pace purposes as determine by the
City nd in accordance with the pro 'sions
of is section, all as a reasonable m hod
c culated to accomplish the City's go of
r quiring development occuring in Iowa C y
hich creates increased needs for neighbo
hood open space ("open space impact") to
pay a proportionate share of the City's
capital improvements to fulfill said open
space impact needs,
3, Dedication of Land
a, Amount of land to be dedicated,
The amount of park land dedication
shall be determined by the following
formula:
A x .65DU x PDU x 3/1000
A = Acres of undeveloped property
DU = Dwelling units per undeveloped
acre multiplied by a density factor of
65 % based on demographic data of
development In Iowa City
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Ordinance No.
Page 3
PDU = Persons per dwelling unit
based on the most recent Census
3/1000 = The community standard
of acres for active neighborhood open
space required per 1,000 persons, as
determined by the Formula set out in
the Neighborhood Open Space Plan
adopted July 1993 as an amendment
the Iowa City Comprehensive Pia
T . s formula shall be deemed reas '
abl calculated to meet the develo r's
prop tionate share of the evel-
opme 's impact upon and cre tion of
increas and additional need or neigh'
borhood pen space,
b. Nature of nd to be dedic ted.
Except as therwise re uired by the
City at the ti e of preli inary PDH plan
approval, all dicati ns of land shall
meet the folio 'ng iteria:
(11 Usability, ast ninety percent
(90%1 of th land required to be
dedicated s al be located outside
of f100dw s, la es or other water
bodies, reas wi slopes greater
than f teell 15 ercent (15%1,
wetla ds subject Federal or
Sta regulatory jUri diction and
ot r areas the City easonably
d ems unsuitable for nei borhood
pen space due to top graphy,
flooding or other appropria e con-
siderations, Dry bottom orm-
water detention facilities an dry
creek areas may be credited to-
ward reaching a portion of t e
required land dedication when th
City determines that such areas
are suitable for use as neighbor'
hood open space, The City en,
courages the dedication of lakes,
ponds, creeks, other water bodies,
wetlands falling under the jurisdic-
tion of State or Federal agencies
and other sensitive areas such as
woodland areas, both as ten per-
cent (10%1 of and In addition to
the dedicated land required by this
section, if sufficient abutting land
Is dedicated as a public recreation
area or park,
(2) Unity. The dedicated land shall
form a single parcel of land, ex-
cept where the City determines
that two (2) or more parcels or
greenwaysltrails would best serve
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Ordinance No,
Page 4
the public interest, given the type
and distribution of neighborhood
open space needed to adequately
serve the proposed development.
If the City determines that two (21
or more parcels would best serve
the public interest, the City may
require that such parcels be con'
nected by a dedicated strip of land
at least twenty (201 feet in width
in order to provide access an
continuity between said parcels
Location. The dedicated land all
be located so as to reas ably
erve the recreation an open
s ace needs of the re '~ents of
th planned developme t housing,
an shall be deemed be reason-
ably calculated to eet the resi,
dents increased recreation and
open s ace nee .
(41 Shape, If a s ficient amount of
land is de ica ed to accommodate
recreation acilities and activities,
such as I' ds, courts or play-
9round e ui ent, the shape of
the dedi ated nd shall be suitable
for su facilit s and activities,
Linea open spa e should be of
sufI' ient width t accommodate
tr . s and adjacent eenways,
(51 cess,
a) Greenwavs/trails blic access
to greenways/trails shall be
. provided by a pubh access
easement at least twe ty (201
feet In width, In a dition,
greenways/trails shall b con'
nected to existing or pro sed
greenways/trails on adja ent
property,
(b) Parks Public access to t e
dedicated land to be used f
parks shali be provided eithe
by adjoining public streat front-
age or by a dedicated public
access easement at least fifty
(501 feet in width which con-
nects the dadicated land to a
public street or right-of-way,
The grades adjacent to existing
and proposed streets shall
permit raasonable access to
the dedicated land, The parcel
shali be safely accessible to
pedestrian traffic, Where the
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Ordinance No.
Page 5
dedicated land is located adja-
cent to a street, the developer
shall remain responsible for the
installation of utilities, side-
walks, and other improvements
required along that street seg'
ment,
(61 Site preparation, The City may
require the developer to grade and
seed those portions of the dedicat-
ed land to be improved prior to
dedication of the property, an
prior to the City's acceptance of
the dedication.
C, Pro edure for dedication of land
The dedication of land all be
revie ed as part of the preli nary PDH
plan. he developer shall signate the
area or areas of land to e dedicated
pursuan to this sectio on the prelimi-
nary PD plan, Whe e wetlands have
been deli eated 0 the property, the
preliminar PDH p n shall also identify
the bounda 'es 0 such wetlands,
Upon rece t f the preliminary PDH
plan, the Dire or of Planning and Com-
munity Deve ment (PCDl shall submit
a copy to the Parks and Recreation
Departm t Dire tor for review by the
Parks a Recrea 'on Commission and,
at the PCD Direc or's discretion, the
River ront and Nat al Areas Commis-
sio, The Commis 'ons shall submit
r ommendations co cerning the land
be dedicated to t Planning and
Zoning Commission wit in twenty-one
(211 business days of t e application
for preliminary PDH plan a proval, The
Planning and Zoning Com ission will
consider the application an forward its
recommendation to the City
D. Submission of deed.
Where dedication of iand is equired,
the developer shall provide a roperly
executed warranty deed conve ng the
dedicated land to the City of 10 a City
within two years of preliminary PDH
plan approval, or by the time the City
issues fifty percent (50%1 of tha ce lifi-
cates of occupancy for the PDH p an
area, whichever Is earlier, The CI y
shall formally accept the dedication
land for open space, parkland or green-
ways/trails by resolution.
4. Payment of Feas In lieu of Land Dedication
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Ordinance No,
\ Page 6
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a, General. The payment of fees in lieu of
dedication of land may occur at the
request of the developer with approval
by the City, or may be required by the
City, The payment of fees in lieu of
land dedication shall be reviewed and
approved as part of the preliminary
PDH plan.
b, equest by developer, Any developer
ishing to make such payment shall
a tach a letter proposing the paymen
o fees in lieu of land dedication to e
pr Iiminary PDH plan application, he
PC Director shall forward a c py of
the reliminary PDH plan, alo with a
cop of the letter requestin payment
of fe in lieu of land dedi tion, to the
Direct r of Parks and ecreation for
review by the Parks nd Recreation
Commi ion and, at e PCD Director's
discretio , the Riv rfront and Natural
Areas Co missio , The Commissions
shall sub 't an and all recommenda-
tions conce ni the payment of fees in
lieu of dedi ion to the Planning and
Zoning Co ission within twenty-one
(21) busi ss ays of the application
for preli nary DH plan approval. The
Plannin and Zo ing Commission will
consi er the appli tion and forward its
reco mendations t the City,
c, De rmination of fe s in lieu of dedi-
c lion. The City may, at its discretion,
equire the payment 0 fees in lieu of
the developer dedicating and if the City
finds that all or part of the and required
for dedication is not suitalJ for public
recreation and open space p poses, or
upon a finding that the re eational
needs of the proposed develop nt can
be met by other park, greenw y, or
recreational facilities planned or con-
structed by the City within reason ble
proximity to the development. The ty
shall consider the following factors I
making its determination:
(1) Recreational and open space ele-
ments of the City Comprehensive
Plan and the relation of the PDH
plan area to the proposed open
space and recreational areas,
(2) Topographic and geologic condi-
tions of the land available for
dedication,
(3) Location of and access to the land
available for dedication,
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Ordinance No,
Page 7
(41 Size and shape of the land avail.
able for dedication,
(5) The character and recreational
needs of the neighborhood where
the development is located,
(6) The costs of developing open
space and recreational areas in the
PDH plan area,
The actual or potential devel -
ment of open space and r cre'
ational areas on land adja nt to
the PDH plan area which ill serve
the needs of the devel ment,
(8 Recommendations staff, the
Parks and Recreati Commission,
the Riverfront a a Natural Areas
Commission, a a the Planning and
oning Com Ission,
(91 ther relev nt information,
d, Time f paym t
Fees in Ii of dedication shall be
paid in II y the developer prior to the
issuance f the first building permit for
a reside e in the PDH plan area,
e, Amou t 0 payment.
T fee shall be equal to the fair
m et valu of the land that otherwise
uld have een required for dedica-
lon, The ir market value of the
undeveloped I d shall be determined
by a qualified re I estate appraiser who
is acceptable to oth the City and the
developer, The 'ty and developer will
equally share the praisal cost.
5, Re uirin Both Dedic ion of Land and
Pavment of a Fee, Th City may, at its
discretion, require a devel per to dedicate a
portion of the land requir d under the for-
mula set forth in Section 4-6J-2E3a, and
also to pay a fee in lieu of de ication for the
remaining portion of the land y said formu-
la, The fee for the remainin portion shall
be determined by a quallfie real estate
appraiser as set forth in Se lion 14-6J-
2E4e.
6, Use of Funds
a, All payments in lieu of dedic lion shall
be deposited in a specific neig borhood
open space account designate by the
name of tho contributing devel pment.
All payments will be used to cquiro
and/or develop open spaces, arks,
recreation facilities and green ays/
trails which will benefit the resident ,of
the development for which the pay-
ment has been made by the developer,
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"Ordinance No,
"
Page 8
b, The City must use the payment in lieu
of dedication within five (51 years from
the date received, This period shall be
automatically extended an additio I I
five (51 years if the developer has ot
constructed at least fifty percent (5 %1
of the units within the PDH pia area
for which payment in lieu of de Ication
as been made by the develo r. If the
ity has not spent the fund y the last
d of the five.year period r / if extend-
ed/ by the last day of an dditional five
yea / the property 0 ner(sl shall be
entitl d to a pro ra proportional re-
fund sed on the ercentage of units
they 0 n of the otal number of units
within t e PDH rea, The owner(sl of
the prop rty st request such refund
in writin w: hin one hundred eighty
(1801 cale ar days of the entitlement
to the ref / or the right to a refund is
waived, h conditional zoning agree-
ment f r ea h PDH development for
which the d eloper has made pay-
men in lieu 0 dedication shall include
a ction spec ically describing the
re nd, and also pecifically shall obli-
te the develope to inform all proper-
y owners and all s cessors in interest
to properties in the velopment of the
necessity of submitti g a written re,
quest for any such ref d,
Title 14/ Chapter 6/ Article J/ Section 2/
" lanned Development Housing verlay Zone
OPDHI/" of the City Code is h eby further
amended by:
a) Repealing Subsection 14.6J-2D1 6/ "Loca-
tion and area of proposed open sp ce/" and
adding a new Subsection 14,6J-2 1 b6 to
read as follows:
Subsection 14.6J-2D1b6, Locati nand
area of proposed open space areas eit er to
be dedicated pursuant to the requirem nts
of Section 14.6J-2E, "Dedication of Nei h-
borhood Open Space or Payment of Fees 'n
Lieu of Land for Open Space/" or to be hel
In common, and whether it is to be used for
active recreation purposes or as an environ-
mental amenity,
bl Repealing Subsection 14-6J-2D7c, "Open
Space/" and adding a new Subsection 14-
6J-2D7c to read as follows:
Subsection 14-6J-2D7c. Open Space,
Planned developments must dedicate land
for open spacer pey a fee in lieu of land for
open spaces, or a combination thereof as
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Ordinance No.
Page 9
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required by Section 14.6J-2E, "Dedication
of Neighborhood Open Space or ayment of
Fees in Lieu of Land for Open Sp ce,"
(1) All land dedications for public use shall
conform to the requirements Section
14.6J-2E,
(2) In the event open space land 'n addition
to that required by Section 4-6J-2E is
to be retained under privat ownership
under the PDH plan, the d eloper must
submit a legally binding i strument set-
ting forth the procedure to be followed
or maintaining the eas and for fi,
n ncing maintenance osts, Generally,
su h costs shall be hared by all own-
ers of property cated within the
plan d develop ent through the use
of an wners as ociation, and all costs
unpaid y said sociation shall become
a lien on indiv. dual properties in favor
of the Cit
SECTION II, REP LER, All ordinances and
parts of ordinanc . conflict with the provi-
sions ofthis Or nan are hereby repealed,
SECTION III. EVERA ILlTY" ,If any section,
provision or part of tli Ordinance shall be
adjudged t be invalid or constitutional, such
adjudicati n shall not affec the validity of the
Ordinan as a whole or an section, provision
or part ere of not adjudged i alid or unconsti,
tution ,
SECT, ON IV, EFFECTIVE DA E, This Ordi-
nan e shall be in effect after its inal passage,
ap roval and publication, as provl ed by law,
assed and approved this
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MAYOR
ATTEST:
CITY CLERK
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ORDINANCE NO,
AN ORDINANCE AMENDING TITLE 14, CHAP-
TER 6, ARTICLE J, SECTION 2 OF THE CITY
CODE OF IOWA CITY, IOWA, ENTITLED
"PLANNED DEVELOPMENT HOUSING OVER-
LAY ZONE 10PDHI" TO REQUIRE DEDICATION
OF LAND OR PAYMENT OF FEES IN LIEU OF
LAND FOR NEIGHBORHOOD OPEN SPACE,
WHEREAS, neighborhood open space is
c sidered a vital part of Iowa City's communi,
ty d often serves as a focal point of neig -
borh od activity; and
WH REAS, attractive open space enh ces
and pre erves private property values, d also
serves t immediate and future nee of area
residents 'n the same way as ot er capital
improveme ts such as streets, wa r mains and
sanitary and torm sewers serve esidents of a
neighborhood and
WHEREAS, a tive, usable ighborhood open
space includes p destrian/b' ycle trails prefera-
bly located withi natura greenway systems,
and also include nei borhood parks that
serve nearby reside t , and
WHEREAS, it is th intent of the City of Iowa
City, Iowa, to en ur that adequate usable
neighborhood op spa e, parks and recreation
facilities are pr vided in a manner consistent
with the Neig orhood Op n Space Plan adopt-
ed as part of he City's Co rehensive Plan on
July 20, 19 3, and that the thod of assuring
such ope space is an equit Ie, predictable
and re onably calculable w to acquire
neede open space as developm nt occurs in
the C' y,
W EREAS, the City of Iowa City, owa has
de rmined that new development cr tes an
i act and burden on existing neighb hood
pen space, as well as a need for addit nal
neighborhood open space; and
WHEREAS, the provision of neighborhoo
open space throu9h dedication and/or the
payment of fees to be used for land acquisition
in lieu of dedication Is a reasonable and objec-
tive method for addressing and alleviating such
impact, and also promoting and protecting the
public health, safety and welfare of the citizens
of Iowa City,
NOW THEEFORE BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECtiON I. AMENDMENT, Title 14, Chapter 6,
Article J, Section 2 "Planned Development
Housing Overlay Zone (OPDH)," of the City
Code is hereby amended by adding Section 14-
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Ordinance No,
Page 2
6J-2E, "Dedication of Neighborhood Ope
Space or Payment of Fees in Lieu of Land fo
Neighborhood Open Space," to read as follows
1, Purpose This section is adopted to ensur
that adequate usable neighborhood op n
space, parks and recreation facilities re
provided as development occurs w thin
Iowa City, and to do so in a manner hich
is consistent with the Neighborhoo Open
pace Plan adopted by the City Ju 1993
using a fair and reasonably c Iculated
m thod to equitably apportion t costs of
ac~iring and/or developing Ian for those
purp ses, Active, usable ighborhood
open pace includes pedestria Ibicycle trails
prefer Iy located within na ral greenway
system and also include neighborhood
parks tha serve nearby re Idents, Portions
of comm ity parks ma be adapted for
neighborho d use, but t is ordinance is not
intended to f nd the a uisition of commu.
nity parks or rge pi ying fields for orga'
nized sports. i1e is section is primarily
intended to pro'd usable neighborhood
open spaces, it is Iso intended to encour'
age, wherever on ably feasible, the
dedication of se sitiv areas in conjunction
with the usable open s ace,
2. Dedication of and or P ment of Fees in
Lieu of Land e uired a condition of
approval for lanned develo ment housing,
each devel per shall dedica land, pay a
fee in lieu f land, or, a comb ation there-
of, for p rk, greenway, recre tional and
open sp ce purposes as determi ed by the
City an in accordance with the p ovisions
of this section, ell as a reasonable ethod
calcul tad to accomplish the City's oal of
requi 109 development occuring in low City
whi h creates increased needs for neigh or-
ho d open space ("open space impact") 0
p a proportionate share of the City'
c pita I improvements to fulfill said open
pace impact needs,
3, edication of Land
a, Amount of land to be dedicated,
The amount of park land dedication
shall be determined by the following
formula:
A x ,65DU x PDU x 3/1000
A = Acres of undeveloped property
DU = Dwelling units per undeveloped
acre multiplied by a density factor of
65% based on demographic data of
development In Iowa City
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Ordinance No,
Page 3
PDU = Persons per dwelll g unit
based on the most recent Cens
3/1000 = The community st ndard
of acres for active neighborhoo open
space required per 1,000 pers ns, as
determined by the Formula s out in
the Neighborhood Open Sp ce Plan
adopted July 1993 as an a endment
to the Iowa City Comprehe sive Plan.
This formula shall be dee ed reason-
bly calculated to meet th developer's
oportionate share of the devel-
op ent's impact upon nd creation of
incr ased and addition need for neigh-
borh d open space,
b, Nature of land to be edicated,
Except s otherwi required by the
City at th time of reliminary PDH plan
approval, ell dedi ations of land shall
meet the fol wi g criteria: ,
(1) Usability, t least ninety percent
(90%) of e land required to be
dedicate s II be located outside
of flood ays, akes or other water
bodies areas 'th slopes greater
than if teen 15 ercent (15%),
wetl nds subject to Federal or
Sta e regulatory ju 'sdiction and
ot er areas the City reasonably
d ems unsuitable for nel hborhood
pen space due to top graphy,
looding or other appropri e con'
siderations, Dry bottom torm-
water detention facilities an dry
creek areas may be credited 0-
ward reaching a portion of t e
required land dedication when th
City determines that such areas
are suitable for use as neighbor-
hood open space, The City en-
courages the dedication of lakes,
ponds, creeks, other water bodies,
wetlands falling under the Jurisdic-
tion of State or Federal agencies
and other sensitive areas such as
floodplain and woodland areas,
both as ten percent 110%) of and
in addition to the dedicated land
required by this section, if suffi-
cient abutting land Is dedicated as
a public recreation area or park,
(2) Unity, The dedicated land shall
form a single parcel of land, ex-
cept where the City determines
that two (2) or more parcels or
greenwaysltralls would best serve
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Ordinance No,
Page 4
the public interest, given the type
and distribution of neighborhood
open space needed to adequately
serve the proposed development.
If the City determines that two (2)
or more parcels would best serve
the public interest, the City may
require that such parcels be con-
nected by a dedicated strip of land
at least twenty (20) feet in width
in order to provide access and
continuity between said parcels,
Location, The dedicated land shall
e located so as to reasonably
s ve the recreation and open
spa e needs of the residents of
the panned development housin ,
and s II be deemed to be reas '
ably ca ulated to meet the si-
dents' i reased recreatio and
open spac needs,
(4) Shape, If sufficient a ount of
land is dedica ed to acc nmodate
recreational fa . ities an activities,
such as fields, cou s or play-
ground equipme , he shape of
the dedicated land 1all be suitable
for such facilitie d activities,
Linear open sp ce s ould be of
'sufficient wid to ac mmodate
trails and adj ent gree ays.
(5) Access,
(a) Green s trails Public ccess
to gr enways/trails sh be
provo ed by a public ac ss
eas ment at least twenty I )
fe t in width, In additio
eenways/trails shall be con-
ected to existing or proposed
greenways/trails on adjacent
property,
) Parks Public access to the
dedicated land to be used for
parks shall be provided either
by adjoining public street front-
age or by a dedicated public
access easement at least fifty
(50) feet in width which con-
nects the dedicated land to a
public street or right-of-way,
The grades adjacent to existing
and proposed streets shall
permit reasonable access to
the dedicated land, The parcel
shall be safely accessible to
pedestrian traffic, Where the
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Ordinance No,
Page 5
dedicated land is located adja-
cent to a street, the developer
shall remain responsible for the
installation of utilities, side-
walks, and other improvements
required along that street seg-
ment.
(6) Site preparation. The City may
require the developer to grade and
seed those portions of the dedicat'
ed land to be improved prior t
dedication of the property, a d
prior to the City's acceptance of
the dedication,
Procedure for dedication of land,
The dedication of land sh II be
evlewed as part of the prelimin ry PDH
p n. The developer shall desi nate the
are or areas of land to be dedicated
purs ant to this section on he prelimi-
nary H plan, Where w tlands have
been Iineated on the property, the
prelimin y PDH plan s II also identify
the boun ries of suc wetlands,
Upon rec ipt of th preliminary PDH
plan, the Dir tor of lanning and Com-
munity Develo me t (PCDl shall submit
a copy to the rks and Recreation
Department Dir tor for review by the
Parks and Recr a 'on Commission and,
at the PCD Irec r's discretion, the
Riverfront a Natu I Areas Commis-
sion, The ommiss ns shall submit
recommen ations con erning the land
to be de icated to th Planning and
Zoning mmission with I twenty-one
(21) b iness days of th application
for pre Iminary PDH plan ap oval. The
Plann' g and Zoning Commi sion will
con der the application and fo ard its
rec mmendation to the City,
D, S mission of deed,
Where dedication of land is requi d,
e developer shall provide a prope y
executed warranty deed conveying th
dedicated lend to the City of Iowa City
within two years of preliminary PDH
plan approval, or by the time the City
issues fifty percent (50%1 of the certifi-
cates of occupancy for the PDH plen
area, whichever is earlier, The City
shall formally accept the dedication of
land for open space, parkland or green-
ways/trails by resolution,
4, Payment of Fees in Lieu of Land Dedication
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Ordinance No,
Page 6
a, General. The payment of fees in lieu of
dedication of land may occur at the
request of the developer with approval
by the City, or may be required by the
City, The payment of fees in lieu of
land dedication shall be reviewed and
approved as part of the preliminary
PDH plan,
b, Request by developer, Any developer
wishing to make such payment shall
attach a letter proposing the payment
of fees in lieu of land dedication to the
preliminary PDH plan application. The
PCD Director shall forward a copy of
e preliminary PDH plan, along with
c y of the letter requesting paym t
of es in lieu of land dedication, to he
Dire or of Parks and Recreatio for
revie by the Parks and Rec ation
Commi ion and, at the PCD D' ector's
discretio the Riverfront an Natural
Areas Co mission, The Co missions
shall submi any and all re ommenda,
tions concer 'ng the pay nt of fees in
lieu of dedica 'on to th Planning and
Zoning Commis ion wi in twenty-one
(21) business d s 0 the application
for preliminary PD p. an approval. The
Planning and Zonin Commission will
consider the applic tl n and forward its
recommendations to t e City,
c, Determination 0 fees lieu of dedi-
cation, The Cit may, a its discretion,
require the pa ment of f es in lieu of
the developer edicating la if the City
finds that all r part of the la d required
for dedicati n is not suitable or public
recreation nd open space pur ses, or
upon a nding that the recr tional
needs of he proposed developme t can
be me by other park, greenwa or
recrea lonal facilities planned or n.
struc ed by the City within reasona e
pro mity to the development. The Cit
sh I consider the following factors In
m king its determination:
(I Recreational and open space ele-
ments of the City Comprehensive
Plan and the relation of the PDH
plan area to the proposed open
space and recreational areas,
Topographic and geologic condi-
tions of the land available for
dedication,
131 Location of and access to the land
available for dedication,
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(4) Size and shape of the land avail-
able for dedication,
(5) The character and recreational
needs of the neighborhood where
the development is located.
(61 The costs of developing open
space and recreational areas in the
PDH plan area.
m The actual or potential develop
ment of open space and recr -
ational areas on land adjacent to
the PDH plan area which will s rve
the needs of the developme ,
Recommendations of staf, the
Parks and Recreation Com ission,
the Riverfront and NaM I Areas
Commission, and the PI, ning and
Zoning Commission,
(9) Other relevant inform ion,
d, Tim of payment
Fee in lieu of dedic tion shall be
paid in ull by the devel per prior to the
issuance of the first b i1ding permit for
a residen in the PD plan area.
e, Amount of ayment
The fee s all b equal to the fair
market value 0 th land that otherwise
would have bee required for dedica,
tion, The fair arket value of the
undeveloped la d all be determined
by a qualified r al es te appraiser who
is acceptable 0 both e City and the
developer, e City an developer will
equally shar. the apprais cost.
5, Re uirin Bot Dedication 0 Land and
Pa ment of a Fee, The City y, at its
discretion, re uire a developer to d dicate a
portion of t e land required under e for-
mula set fo th in Section 14.6J-2E3 and
also to pay, a fee in lieu of dedication fo the
remaining portion of the land by said for u-
la, The ee for the remaining portion sh I
be dete mined by a qualified real estate
apprais r as set forth In Section 14.6J-
2E4e,
6, Use f Funds
a, II payments In lieu of dedication shall
be deposited in a specific neighborhood
open space account designated by the
name of the contributing development.
All payments will be used to acquire
and/or develop open spaces, parks,
recreation facilities and 9reenways/
trails which will benefit the residents of
the development for which the pay-
ment has been made by the developer,
Ordinance No.
Page 7
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Ordinance No,
Page 8
b. The City must use the payment in lieu
of dedication within five (5) years from
the date received. This period shall be
automatically extended an additional
five (5) years if the developer has not
constructed at least fifty percent (50%)
of the units within the PDH plan area
for which payment in lieu of dedication
has been made by the developer, If the
City has not spent the funds by the last
ay of the five-year period or, if extend-
e by the last day of an additional five
ye s, the property owner(s) shall be
entit d to a pro rata proportional reo
fund sed on the percentage of units
they 0 n of the total number of unit
within th PDH area. The owner(s) f
the proper must request such ref nd
in writing ithin one hundred 'ghty
(180) calend days of the enti ment
to the refund, the right to a fund is
waived, The co ditional zo 'ng agree.
ment for each P H deve pment for
which the develop r ha made pay.
ments in lieu of dedic ti n shall include
a section specifically describing the
refund, and also spe Ifi lIy shall obli-
gate the developer info all proper-
ty owners and all ccesso in interest
to properties in t e develop ent of the
necessity of s mitting a w 'tten reo
quest for any uch refund.
Title 14, Chapte 6, Article J, Sect n 2,
"Planned Develop ent Housing Overlay one
(OPDH)," of the ity Code is hereby fur er
amended by:
a) Repealing S bsection 14-6J-2Dlb6, "Loca
tion and ar a of proposed open space," and
adding a ew Subsection 14-6J-2Dl b6 to
read as 1I0ws:
Su section 14-6J-2D1b6. Location and
area 0 proposed open space areas either to
be d dicated pursuant to the requirements
of ection 14-6J.2E, "Dedication of Neigh.
bo hood Open Space or Payment of Fees in
'eu of Land for Open Space," or to be held
'n common, and whether it is to be used for
active recreation purposes or as an environ-
mental amenity,
I Repealing Subsection 14-6J-2D7c, "Open
Space," and adding a new Subsection 14-
6J-2D7c to read as follows:
Subsection 14-6J.2D7c. Open Space,
Planned developments must dedicate land
for open space, pay a fee In lieu of land for
open spaces, or a combination thereof as
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Ordinance No,
Page 9
required by Section 14,6J-2E, "Dedic ion
of Neighborhood Open Space or Pay nt of
Fees in Lieu of land for Open Spac ."
(1) All land dedications for public se shall
conform to the requirements of Section
14-6J-2E,
(2) In the event open space I nd in addition
to that required by See on 14-6J-2E is
to be retained under ivate ownership
under the PDH plan, e developer must
submit a legally bi ing instrument set-
ting forth the pro dures to be followed
for maintaining the areas and for Ii,
nancing maint ance costs, Generally,
such costs s all be shared by all own.
ers of pro erty located within the
planned d velopment through the use
of an ow ers association, and all costs
paid said association shall become
a 'en n individual properties in favor
of t City,
SECTION II REPEALER, All ordinances and
parts of or ina ces in conflict with the provi-
sions of t is Or ance are hereby repealed,
SECTIO III, SE RABILlTY, ' If any section,
provisi n or part f the Ordinance shall be
adjud ed to be invali or unconstitutional, such
adju cation shall not ffect the validity of the
Ord' ance as a whole 0 any section, provision
or art thereof not adjud ed invalid or unconsti,
t ional,
ECTION IV, EFFECTIV DATE, This Ordi-
nance shall be in effect aft its final passage,
approval and publication, as rovided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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ORDINANCE NO,
AN ORDINANCE AMENDING TITLE 14,
CHAPTER 7, "LAND SUBDIVISIONS," OF THE
CITY CODE BY ADDING A NEW ARTICLE D
ENTITLED "DEDICATION OF LAND OR
PAYMENT OF FEES IN LIEU OF LAND FOR
NEIGHBORHOOD OPEN SPACE".
WHEREAS, neighborhood open space is
considered a vital part of Iowa City's
community, and often serves as a focal point
of neighborhood activity; and
WHEREAS, attractive open space enhances
and preserves private property values, and al
erves the immediate and future needs of ea
r idents in the same way as other pital
1m ovements such as streets, water Ins and
sani ry and storm sewers serve res' ents of a
neigh rhood; and
WH EAS, active, usable eighborhood
open sp e includes pedestri n/bicycle trails
preferably located within atural greenway
systems, an also includes eighborhood parks
that serve ne by reside s; and
WHEREAS, 't is t intent of the City of
Iowa City, Iowa e ure that adequate usable
neighborhood ope pace, parks and recreation
facilities are pro I d in a manner consistent
with the Nei bor ood Open Space Plan
adopted as rt of th City's Comprehensive
Plan on Jul 20, 1993 nd that the method of
assuring uch open sp ce is an equitable,
predict Ie and reasonabl calculable way to
acquir needed open spac as development
occ s in the City,
HEREAS, the City of low City, Iowa has
termined that new developm nt creates an
mpact and burden upon existing eighborhood
open space, as well as a need f r additional
neighborhood open space; and
WHEREAS, the provision of neig borhood
open space through dedication of Ian and/or
payment of fees to be used for land acq sition
in lieu of dedication is a reasonable and
objective method for addressing and allevia 'ng
such impact, and promoting and protecting t e
public health, safety and welfare of the citizen
of Iowa City,
NOW THEREFORE BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. AMENDMENT, Title 14, Chapter 7,
"Land Subdivisions," of the City Code is hereby
amended by adding Article D, "Dedication of
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ORDINANCE NO,
PAGE 2
Neighborhood Open Space or Payment of ees
'n Lieu of Land for Neighborhood Open S ace,"
t read as follows:
S tion 14.70, Dedication of Neig
Op n Space or Payment of Fees .
Oed ation
14,7 -1: Intent and Puroose T s section is
adopt to ensure that ad uate usable
neighb hood open space, par and recreation
facilities 'n a manner which i consistent with
the Neigh orhood Open Spa e Plan adopted by
the City uly 1993, by, using a fair and
reasonably alculable ethod to equitably
apportion tH costs of acquiring and/or
developing Ian for t se purposes. Active,
usable neighbo 00 open space includes
pedestrian/bicycl rails preferably located
within natural gr nway systems, and also
includes neighbor 0 d parks that serve nearby
residents. Porti so ommunity parks may be
adapted for eighb hood use, but this
ordinance is not int nded to fund the
acquisition 0 community arks or large playing
fields for or. anized sports. While this article is
primarily intended to provide usable
neighbor ood open spaces, I is also intended
to enc rage, wherever reas nably feasible,
the de ication of sensitive area in conjunction
with e usable open space,
14-7. -2: Dedication of Land or a ment of
Fe in Lieu of Land Re uired, As condition
of approval for residential subdi 'sions or
c mmercial subdivisions containing re idential
ses, each subdivider shall dedicate la ,pay
a fee in lieu of land or a combination th reof,
for park, greenway, recreational and en
space purposes, as determined by the City d
in accordance with the provisions of th
Article, all as a reasonable method calculate
to accomplish the City's goal of requiring
development occurring in Iowa City which
creates increased needs for neighborhood open
space l"open space impact") to pay a
proportionate share of the City's capital
improvements to fulfill said open space impact
needs.
14- 7D-3: Dedication of Land
A, Amount of land to be dedicated,
The amount of land dedication shall be
determined by the following formula:
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ORDINANCE NO,
PAGE 3
8, Nature of nd to be dedicate
Except a otherwise required b the City at
the ti of preliminary subdl ision plat
appro I, all dedications of land hall meet
the f lowing criteria:
1, Usability. At least ninety ercent
(90%) of the land required to be
dedicated shall be located outs e of
floodways, lakes or other water b ies,
areas with slopes greater than fif en
percent (15%), wetlands subject to
Federal or State regulatory jurisdicti n
and other areas the City reasonabl
deems unsuitable for neighborhoo
open space due to topography, flooding
or other appropriate considerations.
Dry bottom storm water detention
facilities and dry creek areas may be
credited toward reaching a portion of
the required land dedication when the
City determines that such areas are
suitable for use as neighborhood open
space. The City encourages the
dedication of lakes, ponds, creeks,
other water bodies, wetlands falling
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A = Acres of undeveloped property
D = Dwelling units per undeveloped acr
mu 'plied by a density factor of 65% ba d
on mographic data of developme
Iowa 'ty
PDU = P sons per dwelling unit
the most rent Census
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ORDINANCE NO,
PAGE 4
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under the jurisdiction of State or
Federal agencies and other sensitive
areas including woodland areas, both,
as ten percent (10%) of and in addition
to the dedicated land required by thi
section, if sufficient abutting land s
dedicated as a public recreation are or
park,
2, Unity, The dedicated land shall orm a
ngle parcel of land, except ere the
C y determines that two ( or more
pa els or greenways/trails ould best
ser the public interest, ven the type
and 'stribution of neig orhood open
space eeded to ade ately serve the
propos developm t. If the City
determin s that tw (21 or more parcels
would be t serv the public interest,
the City m y re ire that such parcels
be connect d y a dedicated strip of
land at least enty (20) feet in width
in order provide access and
continuity et een said parcels,
3. Location. The edicated land shall be
located 0 as to easonably serve the
recrea on and ope space needs of the
resid nts of the su division, and shall
be eemed to be rea onably calculated
to meet the resi nt/s increased
r creation and open sp ce needs,
4, hape, If a sufficient a unt of land is
dedicated to accommoda recreational
facilities and activities, su h as fields,
courts or playground equi ment, the
shape of the dedicated Ian shall be
ouitable for such facilitl sand
activities, Linear open space s ould be
of sufficient width to accom odate
trails and adjacent greenways,
Access,
a, Greenwavs/trails Public acces to
greenways/trails shall be provided b a
public access easement at least twen
(20) feet in width, In addition,
greenways/trails shall be connected to
existing or proposed greenways/trails
on adjacent property,
b, Perks Public access to the
dedicated land to be used for parks
shall be provided either by adjoining
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ORDINANCE NO,
PAGE 5
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public street frontage or by a dedicated
public access easement at least fifty
(50) feet in width which connects the
dedicated land to a public street or
right-of-way. The grades adjacent to
existing and proposed streets shall
permit reasonable access to t
dedicated land, The parcel shal be
safely accessible to pedestrian ffic,
Where the dedicated land is ocated
djacent to a street, the bdivider
s all remain responsibl for the
in tallation of utilities, s' ewalks and
oth r improvements req red along that
stre t segment.
6. Site reparation, Th City may require
the s divider to g de and seed those
portio of the edicated land to be
improv prior to dedication of the
property nd 11 lor to City's acceptance
of the de ic ion,
C, Procedure for ication of land,
The dedicatio f land shall be reviewed as
part of the pr im ary subdivision plat. The
subdivider all d ignate the area or areas
of land t be de 'cated pursuant to this
article 0 the preli inary subdivision plat.
Where etlands ha been delineated on
the pr perty, the preli inary subdivision plat
shall also identify the oundaries of such
we ands,
U on receipt of the preli inary subdivision
at, the Director of Planning and
ommunity Development (P D) shall submit
a copy to the Parks a d Recreation
Department Director for revie by the Parks
and Recreation Commission an at the PCD
Director's discretion, the Rive front and
Natural Areas Commission. The
Commissions shall submit recomme dations
concerning the land to be dedicate to the
Planning and Zoning Commission ithin
twenty-one (211 business days of the
application for preliminary subdivision lat
approval, The Planning and Zonirt
Commission will consider the application
and forward its recommendation to the City
Council,
D, Submission of deed.
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ORDINANCE NO.
PAGE 6
Where dedication of land is required, the
subdivider shall provide a properly executed
warranty deed conveying the dedicated land
to the City of Iowa City within two years of
preliminary plat approval or by the time the
City issues fifty percent (50%) of the
certificates of occupancy for the
ubdivision, whichever is earlier. The City
s all formally accept the dedication of land
fo open space, parkland or greenways/tra'
by r solution.
14-7D-4 Pa ment of Fees in Lieu of and
Dedicatio
A, Gener . The payment of fees' lieu of
dedicati n of land, as require in Section
14-7D-3 above, may occur the request
of the su divider with a roval by the
City, or ma be required y the City. The
payment of f es in lieu f land dedication
shall be revie d an approved as part of
the preliminary ub vision plat.
B. Request by sub ' ider. Any subdivider
wishing to ma such payment shall
attach a letter ro osing the payment of
fees in lieu of la dedication to the
preliminary subdivisi n plat application.
The PCD irector shal forward a copy of
the preli inary subdivisl n plat, along with
a copy' f the letter requ ting payment of
fees n lieu of land de ication to the
Dir tor of Parks and Recre lion for review
b the Parks and Recreatio Commission
d, at the PCD Director's dl cretion, the
Riverfront and Natural Areas mmission.
The Commissions shall submit y and all
recommendations concerning the ayment
of fees in lieu of dedication to the lanning
and Zoning Commission within twe y-one
121) business days of the applicati for
preliminary subdivision plat approval. rhe
Planning and Zoning Commission ill
consider the application and forward i
recommendations to the City Council.
C. Determination of fees in lieu of dedication
criteria. The City may, at Its discretion,
require the payment of fees In lieu of the
subdivider dedicating land, if the City finds
that all or part of the land required for
dedication Is not suitable for public
recreation and open space purposes, or
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ORDINANCE NO.
\AGE 7
'\ upon a finding that the recreational needs
f the proposed subdivision can be met by
o her park, greenway, or recreational
fa 'lities planned or constructed by the
Cit within reasonable proximity to the
sub vision. The City shall consider the
folio ing factors in making its
determ'nation:
1. Rec ational and open space elements
of th City Comprehensive Plan and the
relatio of the subdivision to the
propos d open space and recreational
areas.
2. Topogra ic and geologic conditions
the land a ailable for dedication.
3. Location 0 and access to the land
available for dedication.
4. Size and sha of the land av lable for
dedication.
5. The character d recreati nal needs of
the neighborhoo where e subdivision
is located.
6. The costs of de el ping open space
and recreationa areas in the
subdivision.
7. The actual or p tent I development of
open space d recr ational areas on
land adjace to the s division which
will serve e needs of e subdivision.
8. Recomm dations of st ff, the Parks
and creation Com 'ssion, the
River ont and Natu I Areas
Co ission, and the Pia ning and
Zo ng Commission.
9. 0 er relevant information.
D. Ti of payment
F s in lieu of dedication shall be p '~in
f II by the subdivider prior to the issua ce
f the first building permit for a lot in t \
subdivision.
Amount of payment.
The fee shall be equal to the fair market '.
value of the land that otherwise would \
have been required for dedication. The
fair market value of the undeveloped land
shall be determined by a qualified real
estate appraiser who Is acceptable to both
the City and the subdivider, The City and
subdivider will equally share the appraisal
costs.
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r--ORDINANCE NO.
\ PAGE 8
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14-7D-5 Reauirina Both Dedication of Land
and Pa ment of a Fee. The City may, at its
iscretion, require a subdivider to dedicate a
p rtion of the land required under the formula
se forth in Section 14-7D-3A, and also to pay
a f e In lieu of dedication for the remaining
port en of the land by said formula. The fee for
the remaining portion shall be determined by
qualifled real estate appraiser as set fort in
Sectio 14-7D-4E.
14-7D- Use of Funds
A. All yments in lieu of dedication shall be
depo ited in a special neighbor ood open
space account designated by e name of
the ntrlbuting develop ent. All
payme Is will be used to cquire and/or
develop open spaces, rks, recreation
facilities and greenway /trails which will
benefit th residents 0 the subdivision for
which pa ent has been made by the
subdivider.
B. The City m t us the payment in lieu of
dedication w hi five (51 years from the
date receive This period shall be
automatically tended an additional five
(5) years i t e subdivider has not
constructe at lea t fifty percent (50%) of
the units ithin th subdivision for which
payment In lieu of dedication has been
made b the subdivl er. If the City has
not sp t the funds b the last day of the
five.y ar period or, if e ended, by the last
day of an additional five years, the
pro erty owner(sl shall e entitled to a
pr portional refund b ed on the
p rcentage of the platted 10 they own of
le total platted lots in the subdivision.
he owner(sl of the property ust request
such refund in writing within 0 e hundred
eighty 1180) calendar days of the
entitlement to the refund or the r ht to a
refund is waived. The Sub 'vider's
Agreement for each subdivision for which
the subdivider has made payments I lieu
of dedication shall Include a se tlon
specifically describing the refund, and all
also specifically obligate the subdivide to
Inform all property owners and successo s
In Interest to properties In the subdlvislo
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ORDINANCE NO,
PAGE 9
of the necessity of submitting a written
request for any such refund.
S TION II, REPEALER, All ordinances d
par of ordinances in conflict with the p ovi-
sion of this Ordinance are hereby repea d.
SECT N III. SEVERABILITY. If any ection,
provisi n or part of the Ordinance shall be
adjudge to be invalid or unconstitu ' nal, such
adjudlca 'on shall not affect the v idity of the
Ordinanc as a whole or any sec on, provision
or part the eof not adjudged inv id or unconsti-
tutional.
SECTION I . EFFECTIVE ATE. This Ordi-
nance shall In effect af r its final passage,
approval and ublication as provided by law.
Passed and pproved his
MAYOR
ATTEST:
CITY CLE
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ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14,
CHAPTER 7, "LAND SUBDIVISIONS," OF THE
CITY CODE BY ADDING A NEW ARTICLE D
ENTITLED "DEDICATION OF LAND OR
PAYMENT OF FEES IN LIEU OF LAND FOR
NEIGHBORHOOD OPEN SPACE".
WHEREAS, neighborhood open space is
considered a vital part of Iowa City's
community, and often serves as a focal point
of neighborhood activity; and
WHEREAS, attractive open space enhances
and preserves private property values, and also
serves the immediate and future needs of ar
sidents in the same way as other ca tal
i rovements such as streets, water mai and
sa 'tary and storm sewers serve reside s of a
neig borhood; and
W EREAS, active, usable nei borhood
open s ace includes pedestrian! cycle trails
preferab located within nat al green way
systems, nd also includes nei borhood parks
that serve earby residents; d
WHEREA , it is the int nt of the City of
Iowa City, 10 to ensure at adequate usable
neighborhood 0 en spac ,parks and recreation
facilities are pro 'ded' a manner consistent
with the Neighb r od Open Space Plan
adopted as part of he City's Comprehensive
Plan on July 20, 1 9 and that the method of
assuring such en ace is an equitable,
predictable an reasona Iy calculable way to
acquire need (j open sp e as development
occurs in th City.
WHERE ,the City of 10 City, Iowa has
determin that new developn ent creates an
impact d burden upon existing eighborhood
open ace, as well as a need f additional
neig orhood open space; and
EREAS, the provision of neig orhood
op, n space through dedication of land nd!or
11 yment of fees to be used for land acqUl ition
n lieu of dedication Is a reasonable nd
objective method for addressing and alleviati
such impact, and promoting and protecting th
public health, safety and welfare of the citizens
of Iowa City.
NOW THEREFORE BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. AMENDMENT, Title 14, Chapter 7,
"Land Subdivisions," ofthe City Code is hereby
amended by adding Article D, "Dedication of
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ORDINANCE NO.
PAGE 2
Neighborhood Open Space or Payment of Fees
in Lieu of Land for Neighborhood Open Space,"
to read as follows:
Section 14-7D. Dedication of Neighborhood
Open Space or Payment of Fees in Lieu of
Dedication
4- 7D-1: Intent and Purpose This sectio is
a opted to ensure that adequate u ble
nel hborhood open space, parks and recr. ation
faci 'ties in a manner which is consist t with
the ighborhood Open Space Plan a opted by
the 'ty July 1993, by using fair and
reason Iy calculable method 0 equitably
apPoftio the costs of ac iring and/or
develop I land for those pur. oses. Active,
usable n ighborhood open space includes
pedestrian icycle trails referably iocated
within nat al greenway systems, and also
includes nei borhood p rks that serve nearby
residents. Po tions of c mmunity parks may be
adapted for neighb rhood use, but this
ordinance is not Intended to fund the
acquisition of c unity parks or large playing
fields for organiz sports. While this article is
primarily inte ed to provide usable
neighborhood 0 e spaces, it is also intended
to encourage, whe ever reasonably feasible,
the dedicatio of sen itive areas in conjunction
with the us Ie open ace.
14- 7D-2: edication Land or Pa ment of
Fees in Li u of Land Re ired. As a condition
of appr val for residen 'al subdivisions or
comme cial subdivisions co taining residential
uses, ach subdivider shall dicate land, pay
a fee In lieu of land or a com ination thereof,
for ark, greenway, recreatlo al and open
sp e purposes, as determined b the City and
in accordance with the provisi s of this
rticle, all as a reasonable method alculated
o accomplish the City's goal of qulrlng
development occurring in Iowa City hich
creates increased needs for neighborhood en
space ("open space Impact") to pay a
proportionate share of the City's capita
Improvements to fulfill said open space impact
needs.
14-7D.3: Dedication of Land
A. Amount of land to be dedicated.
The amount of land dedication shall be
determined by the following formula:
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ORDINANCE NO.
PAGE 3
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A x .65DU x PDU x 3/1000
A = Acres of undeveloped property
, DU = Dwelling units per undeveloped acre
multiplied by a density factor of 65% bas
on demographic data of developmen in
Iowa City
DU = Persons per dwelling unit
t e most recent Census
3/ 000 = The community sta dard of acres
for tive neighborhood ope space required
per 000 persons, as d ermined by the
formu s set out in the eighborhood Open
Space Plan adopted July 1993 as an
amend nt to the 10 City Comprehensive
Plan. his form la shall be deemed
reasonabl calc ated to meet the
Subdivider' pro ortionate share of the
development i pact upon and creation of
increased a d additional need for
neighborhoo 0 en space.
B. Nature of I nd to e dedicated.
Except a otherwis required by the City at
the tim of prelim ary subdivision plat
approv I, all dedicatio s of land shall meet
the fo owing criteria:
1. sability. At lea t ninety percent
(90%1 of the land required to be
dedicated shall be 10 ted outside of
floodways, lakes or oth water bodies,
areas with slopes greate than fifteen
percent (15%), wetlands subject to
Federal or State regulatory 'urlsdiction
and other areas the City r asonably
deems unsuitable for neigh orhood
open space dueto topography, f oding
or other appropriate considera 'ons,
Dry bottom storm water deten ion
facilities and dry creek areas may e
credited toward reaching a portion
the required land dedication when the
City determines that such areas are
suitable for use as neighborhood open
space. The City encourages the
dedication of lakes, ponds, creeks,
other water bodies, wetlands failing
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ORDINANCE NO.
PAGE 4
under the jurisdiction of State or
Federal agencies and other sensitive
areas including floodplain and woodland
areas, both as ten percent 110%1 0
and in addition to the dedicated la d
required by this section, if suffi 'ent
abutting land is dedicated as a ublic
recreation area or park.
Unity. The dedicated land s II form a
single parcel of land, excep where the
City determines that two (2) or more
arcels or greenways/tr s would best
erve the public interes , given the type
a d distribution of n ghborhood open
sp ce needed to a quately serve the
pro osed develo~ ent. If the City
dete ines that 0 121 or more parcels
woul best se e the public interest,
the Cit may equire that such parcels
be conn cte by a dedicated strip of
land at Ie twenty (201 feet in width
in order to provide access and
continui b tween said parcels.
3. Locatio. Th dedicated land shall be
locate so as 0 reasonably serve the
recr tion and 0 en space needs of the
resi ents of the ubdivision, and shall
be deemed to be r asonably calculated
t meet the re ident's increased
ecreation and open pace needs.
Shape. If a sufficient mount of land is
dedicated to accommo te recreational
facilities and activities, uch as fields,
courts or playground eq ipment, the
shape of the dedicated I d shall be
suitable for such faci'lles and
activities. Linear open space hould be
of sufficient width to acco odate
trails and adjacent greenways.
5. Access.
a. Greenwavs/tralls Public acces to
greenways/trails shall be provided b a
public access easement at least twent
(20) feet in width. In addition,
greenways/tralls shall be connected to
existing or proposed greenways/trails
on adjacent property,
b. Parks Public access to the
dedicated land to be used for parks
shall be provided either by adjoining
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ORDINANCE NO.
PAGE 5
public street frontage or by a dedicated
public access easement at least fifty
(501 feet in width which connects the
dedicated land to a public street or
right-of-way. The grades adjacent to
existing and proposed streets sha
permit reasonable access to e
dedicated land. The parcel sha be
safely accessible to pedestrian affic.
Where the dedicated land is ocated
adjacent to a street, the ubdivider
shall remain responsibl for the
installation of utilities, 'ewalks and
ther improvements re ired along that
s eet segment.
6. Sit preparation. T City may require
the ubdivider to ade and seed those
porti s of the edicated land to be
impro d prior to dedication of the
propert and lor to City's acceptance
of the de ic Ion.
C. Procedure for ication of land.
The dedication land shall be reviewed as
part of the pr imi ary subdivision plat. The
subdivider s all de ignate the area or areas
of land to be dedi ated pursuant to this
article 0 the prelim ary subdivision plat.
Where etlands have been delineated on
the pro erty, the prelimi ary subdivision plat
shall Iso identify the b undaries of such
wetl nds,
Up receipt of the prelimi ary subdivision
pi , the Director of lanning and
C mmunity Development (PC shall submit
copy to the Parks and Recreation
Department Director for review the Parks
and Recreation Commission and, the PCD
Director's discretion, the Riverf nt and
Natural Areas Commission. The
Commissions shall submit recommen tlons
concerning the land to be dedicated t the
Planning and Zoning Commission WI hin
twenty-one (21) business days of e
application for preliminary subdivision pi
approval. The Planning and Zoning
Commission will consider the application
and forward its recommendation to the City
Council.
D. Submission of deed,
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ORDINANCE NO.
PAGE 6
Where dedication of land is required, the
subdivider shall provide a properly executed
warranty deed conveying the dedicated land
to the City of Iowa City within two years of
preliminary plat approval or by the time the
City issues fifty percent (50%) of the
certificates of occupancy for the
subdivision, whichever is earlier. The City
shall formally accept the dedication of land
for open space, parkland or greenways/trail
by resolution.
1 - 7D.4 Pa ment of Fees in Lieu of
De ication
A. enaral. The payment of fees i lieu of
dication of land, as required i Section
1 7D-3C above, may occur at e request
of e subdivider with app val by the
City, or may be required by, the City. The
paym t of fees in lieu 0 land dedication
shall be reviewed and a roved as part of
the preli inary subdiv' ion plat.
B. Request subdlvi r. Any subdivider
wishing to make such payment shall
attach a lett r pr posing the payment of
fees in lieu f land dedication to the
preliminary su division plat application.
The PCD Dire t shall forward a copy of
the prelimin y su division plat, along with
a copy of t e letter equesting payment of
fees in r u of Ian dedication to the
Director f Parks and ecreation for review
by the arks and Recr atlon Commission
and, the PCD Directo 's discretion, the
Rive ront and Natural Ar as Commission,
Th Commissions shall su it any and all
re ommendations concernin the payment
fees in lieu of dedication to he Planning
and Zoning Commission within wenty-one
(21) business days of the appl atlon for
preliminary subdivision plat appro al. The
Planning and Zoning Commlssi n will
consider the application and forw d its
recommendations to the City Counci ,
Determination of fees in lieu of dedlca 'on
criteria. The City may, at its dlscretlo
require the payment of fees in lieu of the
subdivider dedicating land, If the City finds
that all or part of the land required for
dedication Is not suitable for public
recreation and open space purposes, or
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ORDINANCE NO,
PAGE 7
upon a finding that the recreational needs
of the proposed subdivision can be met by
other park, greenway, or recreational
facilities planned or constructed by the
City within reasonable proximity to the
subdivision. The City shall consider the
following factors in making its
determination:
1. Recreational and open space elements
of the City Comprehensive Plan and the
relation of the subdivision to th
proposed open space and recreatlo al
areas.
Topographic and geologic condit' ns of
lhe land available for dedicatlo .
3. cation of and access to the land
a i1able for dedication.
4. Siz and shape of the Ian available for
dedi ation.
5. The c aracter and recr ational needs of
the nei hborhood w re the subdivision
is locat .
6, The cos of d eloping open space
and rec ati al areas in the
subdivision.
7. The actual 0 potential development of
open spac a d recreational areas on
land adja nt t the subdivision which
will serl,( the ne ds of the subdivision.
8. Reco endation of staff, the Parks
and Recreation Commission, the
Riv rfront and Natural Areas
C mission, and t e Planning and
ning Commission.
9. thar relevant informat n.
D. T e of payment
ees in lieu of dedication sh I be paid in
full by the subdivider prior to t e issuance
of the first building permit for lot in the
subdivision.
Amount of payment.
The fee shall be equal to the fair
value of the land that otherwise
have been required for dedication.
falr'market value of the undeveloped la
shall be determined by a qualified real
estate appraiser who is acceptable to both
the City and the subdivider. The City and
subdivider will equally share the appraisal
costs.
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ORDINANCE NO.
PAGE 8
14-7D-5 Reauirina Both Dedication of Land
and Pavment of a Fee. The City may, at its
discretion, require a subdivider to dedicate a
portion of the land required under the formula
set forth in Section 14-7D-3A, and also to pay
a fee in lieu of dedication for the remaining
portion of the land by said formula. The fee f r
the remaining portion shall be determined y a
qualified real estate appraiser as set f th in
Section 14.7D-4E.
14-7D-6 Use of Funds
A. All payments in lieu of dedic Ion shall be
deposited in a special neig orhood open
space account designate by the name of
the contributing de lopment. All
payments will be us to acquire and/or
evelop open spa s, parks, recreation
fa iIIties and gree ways/trails which will
ben fit the resid nts of the subdivision for
whic payme has been made by the
subdi ' er.
B. The Cit m st use the payment in lieu of
dedicatio within five (5) years from the
date re ed. This period shall be
autom Ical extended an additional five
15) Yo ars i the subdivider has not
con ructed at east fifty percent (50%) of
th units within he subdivision for which
p yment in lieu f dedication has been
ade by the sub wider. If the City has
not spent the funds y the last day of the
five-year pariod or, if tended, by the last
day of an additiona five years, the
property ownar(s) shall be entitled to a
proportional refund sed on the
percentage of the platted I s they own of
the total platted lots in th subdivision.
The ownerls) of the property ust request
such refund in writing within 0 e hundred
eighty (180) calendar days of the
entitlement to the refund or the ' ht to a
refund is waived. The Sub 'vider's
Agreement for each subdivision for hich
the subdivider has made payments i lieu
of dadicatlon shall include a sec 'on
specifically dascrlblng the refund, and sh II
also specifically obligate the subdivider t
Inform all property owners and successors
In Interest to properties In the subdivision
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ORDINANCE NO.
PAGE 9
of the necessity of submitting a written
request for any such refund.
S CTION II. REPEALER. All ordinances and
p ts of ordinances in conflict with the prov'
si s of this Ordinance are hereby repeale
SE TION III. SEVERABILITY. If any se ion,
pro ision or part of the Ordinance all be
adju ged to be invalid or unconstituti ai, such
adjudtpation shall not affect the v dity of the
Ordinal ce as a whole or any sec 'on, provision
or part ereof not adjudged inv lid or unconsti-
tutional.
SECTIO IV. EFFECTIVE ATE. This Ordi-
nance sh' I be in effect ter its final passage,
approval a d publicatio , as provided by law.
Passed a d approv this
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ATTEST:
CITY C
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ORDINANCE NO. 94-3643
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE REGULA-
TIONS OF APPROXIMATELY 1.02 ACRES OF
LAND LOCATED NORTH ON SCOTT 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. 94-3643
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 S89014'45"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 N89014'45"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 S89014'45"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 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 not affect the validity of the
Ordinance as a whole or any section, provision
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Ordinance No. 94-3643
Page 3
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION VII. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 25th day of
October. 1994. -
IL~Allh.~':J
~A YOR '
ATTEST:l11~ i/ ~
CITY CLERK
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Ordinance No.gI.,-'3~b~
. Page 4
It was moved by 1'i gntt and seconded by Lehman
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT: I
11 Baker
x Horowitz
x Kubby
x Lehman
.x Novick
X Pigott
11 Throgmorton
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First Consideration 10/11/94
Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby,
Lehman, Novick. NAYS: None. ABSENT: None.
Second Consideration --------------------
Vole for passage:
"
Date published
11/2/94
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Moved by Pigott, seconded by Throgmorton, that the rule requiring
ordinances to be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be finally passed be
suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Throgmorton, Baker,
Horowitz, Lehman, Novick, Pigott. NAYS: None. ABSENT: Kubby.
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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"l and Plum Grove Acres, Inc., an Iowa Corporation (hereinafter "Owner").
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 property; 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 Owner has acknowledged and agreed that this development shall be required
to apply for all permits required under City building codes, comply with all required
inspections, and pay all required inspection fees, thereby ensuring safe, uniform development ()
as required by City Code; 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
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existing Corporate Limit Line of the City of Iowa City; Thence
NOo053'13"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
Two; Thence SB90 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.
2. The Parties acknowledge 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 0'1 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 agrees that this development shall be required to apply for all permits
required under City building codes, comply with all required inspections, and
pay all required inspection fees.
e, 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.
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.
5.
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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 Owner acknowledges that nothing in this shall be construed to relieve the Owner
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.
11
Dated this 2$ day of
D c,h. b e.('
,1994.
PLUM GROVE ACRES, INC.
CITY OF IOWA CITY
By
(2. e&
By
Bruce R. Glasgow, Presi nt
ATTEST:
B~~~
Frank Boyd, Secretary ---,
By 7h..a-~a.J -II. idu,,)
Marian K. Kerr, City Clerk
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STATE OF IOWA )
) SS:
JOHNSON COUNTY)
On this 251.. day of Dc-to be.,.. , 1994, before me, Sondr4.oI
Fb'..-r- , 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. 9'(--?:.h 'f?, passed by the
City Council, on the 2S -I'.b, day of ~w , 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 )
) SS:
JOHNSON COUNTY)
On this II day of _/)lj.rp~ , 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, ofthe 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.
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D.L. CHELF
MY COMMISSION EXPIRES
April 7, 1996
Notary Public in and for the State of wa
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CONDITIONAL ZONING AGREEMENT
'. ".-....-
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corpora-
tion {hereina er "City"l, John and Frieda Rummelhart and Boyd a d Rummelhait, Inc.
(hereinafter" wners") and Hy-Vee Food Stores, Inc. (hereinafter "Ap Iicant").
WHEREAS, Ap licant has contracted to purchase approximately 5.5 acres of land located
east of Waterfr t Drive and the CRANDIC Railroad right-of-way, I a City, Iowa; and
WHEREAS, Applica t, as contract purchaser, and Owners, as legal Itle holder, have requested
the City rezone the .52 acres of land located east of Waterfr nt Drive and the CRANDIC
Railroad right-of-way, om CI-l, Intensive 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 gr nting the rezoning request, 0 r and above existing regulations,
to satisfy public needs direc caused by the requested hange; and
WHEREAS, Owners and Applic t acknowledge tha certain conditions and restrictions are
reasonable to ensure appropriat commercial d elopment and ensure adequate traffic
circulation and adequate public I frastructure 0 accommodate community commercial
development.
/
NOW, THEREFORE, in consideration of he utual promises contained herein, the Applicant
and Owners agree as follows:
John and Frieda Rummelhart and d and Rummelhart, Inc. are the owners and legal
title holders of the property locate ea t of Waterfront Drive and the CRANDIC Railroad
right-of-way, legally described folio s:
1.
South Portion of Frie a & John R mmelhart Tract: Commencing at a
point which is N870 9'40"E, 237. feet from the Southwest Corner of
the Southeast Qu ter, Section 15, wnship 79 North, Range 6 West
of the 5th P.M.; hence N87038'40" -, 715.05 feet along the South
Line of said S theast quarter; Thence NOOo 17'00"W, 363.30 feet;
Thence S890 3'00"W, 166.00 feet; T nce NOo017'00"W, 99.94
feet; Thenc S89041 'OO"W, 230.37 feet to the Point of Beginning;
Thence S 017'00"E, 84.90 feet; Thence S 9041 'OO"W, 541.80 feet
to a poin 14.00 feet normally distant from the Centerline of an existing
railroad track; thence N03051 'OO"W, 85.00 fe t to a point 14.00 feet
norm y distant from said Centerline of rai oad tracks; Thence
N89 41 'OO"E, 547.09 feet to the Point of 8 inning, subject to
eas ments and restrictions of record.
F rmer Lewis Tract: Commencing at the Southwes Corner of the
outheast Quarter of Section 15, Township 79 North, R ~ge 6 West of
the Fifth Principal Meridian; Thence N87029'40"E along ~,\e South Line
of the Southwest Quarter of the Southeast Quarter of said ~ction 15,
237.4 feet to the POINT OF BEGINNING; Thence N08055'45 'W, 60.00
feet; Thence S87029'40"W, 10.00 feet; Thence N080 5'45"W,
112.00 feet; Thence S87029'40"W, 90.00 feet to a poin 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 fe't; Thence N89041 'OO"E,
42,14 feet to a point on the West Line of 8 yrum Subdivision Part 2,
r orded in Plat book 24 at Page 12 In the of Ice of the Johnson County
Re rder; Thence SOOo 17'00"E along said West Line, 393.62 feet to
the uthwest Corner of Lot 1 of said oyrum Subdivision, Part 2;
Thenc S87029'40"W along the North ine of Block 5, Braverman
Center, arts 1 and 2, recorded in Plat B ok 8 at Page 69 in the Office
of the Joh son County Recorder, 318.6 feet to the Point of Beginning.
"
and
point on the east Ii e of the public highway known as
the Wapello Ro ,said point bel g 137.4 feet east and 112 feet
northerly measure along the east ine of said road from the Southwest
corner of the Sout east Quarte of Section 15, Township 79 North,
Range 6 West of the th P.M., hence east parallel with the South line
of Section 15, 90 fee thenc in a northerly direction parallel with the
East line of said Wapel Ro ,60 feet, thence West parallel with the
South line of said Sectio 1 ,90 feet to the East line of said Wapello
Road, thence in a Souther! direction along the East line of said road 60
feet to the place of begin i .
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Former Baculis Tracts: Comm ncing at a point on the east line of the
public highway know asthe Wa ello Road, said point, being 137.4feet
east and 60 feet no herly meas ed along the east line of said road,
from the southwes corner of the southeast quarter of Section 15,
Township 79 Nor ,Range 6 West f the 5th P.M., running thence
northerly along th east line of said W ello Road, 52 feet, thence east
parallel with the outh line of said Sectio 15, 90 feet, thence southerly
parallel with the east line of said Wapello ad, 52 feet, thence westerly
to the point of eginning,
and
"
Commenci g at a point on the south line of s tion fifteen (15) in
township eventy-nine (791 north, range six (6) w t of the 5th P.M.,
said poi being on the east side of the public high y known as the
Wapell Road and being 137.4 feet east of the southw t corner of the
southe st quarter of said section 15, (said corner bein marked by a
stone, thence east along the south line of said section 10 'feet, thence
in a orthwesterly direction parallel with the east line of s~'d Wapello
Roa , 60 feet, thence west 100 feet to the east line of sai Wapello
Ro d, thence in a southeasterly direction along the east line f said
japellO Road 60 feet, more or less, to the point of beginning.
Applicant and Owners acknowledge that the City wishes to ensure approp . te com-
mercial development and adequate traffic circulation, and therefore, agree t certain
conditions over and above City regulations to ensure that the area contains ad ~uate
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public infras cture and traffic improvements to accomm date community commercial
developmen
3. In considerati of the City's rezoning the' subject property from CI-l, Intensive
Commercial, to C-2, Community Commercial, the wners and Applicant agree that
development and se of the subject property will c nform to the requirements of the
CC-2 Zone, as wel as the following additional co ditions:
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a. Waterfront Drl e will be reconfigured and tevens Drive will be extended across
the railroad to p ovide access to the pI' perty from the west, in accord with
plans and specifi tions approved by t e Iowa City Public Works Department,
and the applicant ill be responsible f I' the cost of the Stevens Drive railroad
crossing improveme ts in conforma e with said plans.
~
b. The Director of Planni and Com unity Development will approve a concept
plan for site layout and andscapi g; Including driveway locations, landscape,
islands, and plantings fo the se aration of the loading dock/service area from
any public or employee p kin areas.
c. The applicant will be respon Ible for the relocation of the sanitary sewer line
which currently crosses thi operty, in accord with plans and specifications
approved by the Iowa City u ic Works Department.
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d.
The applicant will contri te to t e cost of improving Waterfront Drive to the
south of the site, in acc rd with pi ns and specifications approved by the Iowa
City Public Works De rtment at 'ther 50% of the total cost, or $60,000,
whichever is less.
Applicant and Owners ack owledge that the onditions contained herein are reason-
able conditions to impose n the land under 10 Code ~ 414.5(1993), and that said
conditions satisfy publi needs which are direc Iy caused by the requested zoning
change.
Applicant and Owner acknowledge that in the eve t the subject property is trans-
ferred, sold, redevelo ed, or subdivided, alll'edevelop nt will conform with the terms
of this Agreement.
7.
The Parties ackn ledge that this Agreement shall be eemed to be a covenant
running with the I nd and with title to the land, and shall re In in full force and effect
as a covenant ru ning with the title to the land unless or until ~eased of record by the
City. The Partie further acknowledge that this Agreement s II Inure to the benefit
of and bind all ucce~sors, representatives and assigns of the ~ies.
The Applican and Owners acknowledge that nothing in this A~reenient shall be
construed to ell eve the Applicant from complying with all apPlicabl'eslocal, state and
federal regul tlons. .
The Parties gree that this Conditional Zoning Agreement shall be inc ~porated 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.
8.
~S11
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Dated this
day of
,1994.
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By:
Marian K. Karr,
OWNER
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By:
John and Frieda Rummelha
By:
Boyd and Rummelhart, Inc.
John Rummelhart, Jr., President
APPLICANT
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JOHNSON COUNTY)
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On this _ day of , 1994, be ore me, the undersigned, a Notary
Public in and for the S ate of Iowa, personally appeared , to
me personally known who being by me duly sworn did s that he\she is the _,
of the corporation e ecuting the within and foregoing ins rument, that no seal has been
procured by the cor oration; that said instrument was signe on behalf of the corporation by
authority of its Boa d of Directors; and that as officer acknowledged
the execution of th foregoing instrument to be the voluntary ac and deed of the corporation,
by It and by him\h( r voluntarily executed,
Notary Public in and for the Stat
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On this , 1994, before e, the undersigned, a Notary
Public in an for the State of Iowa, p,ersonally appeared , to
me personally nown, who being by me duly sworn did sa that he\she is the ,
of the corporati n executing the within and foregoing i strument, that no seal has been
procured by the c poration; that said Instrument was sl ed on behalf of the corporation by
authority of its Boa of Directors; and that as officer acknowledged
the execution of the f egoing instrument to be the vol tary act and deed of the corporation,
by it and by him\her vo ntarily executed,
.5.
STATE OF )
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COUNTY )
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Notary Public i and for the State of Iowa
On this day of , 1994, before me,
, a N ta y Public in and for the State of Iowa, personally
appeared Susan M. Horowitz and M ian ,Karr, to me personally known, and, who, being
by me duly sworn, did say that the are th Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal a ixed to t e foregoing instrument is the corporate seal of
the corporation, and that the instr ment was 'gned and sealed on behalf of the corporation, .
by authority of its City Council, s contained I Ordinance No. passed by the
City Council on the day of , 1994, and that Susan M,
Horowitz and Marian K. Karr acknowledged th execution of the instrument to be their
voluntary act and deed and t e voluntary act and eed of the corporation, by it voluntarily
executed,
,STATE OF IOWA )
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JOHNSON COUNTY)
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ORDINANCE NO.
94-3644
ORDINANCE AMENDING THE ZONING ORDI-
NANCE BY CHANGING THE USE REGULA-
TIONS OF A S.11 ACRE PROPERTY LOCATED
EAST OF WELLINGTON DRIVE FROM RS-S,
LOW DENSITY SINGLE-FAMILY RESIDENTIAL,
TO OPDH-S, A PRELIMINARY PLANNED DE-
VELOPMENT HOUSING IPDH) PLAN FOR
WELLINGTON CONDOMINIUMS, IOWA CITY,
IOWA.
WHEREAS, the property owner has requested
the City to rezone an appropriate 5.11 acre
tract of land located east of Wellington Drive
from RS-5, Low Density Single.Family Residen-
tial, to OPDH-5, a Preliminary Planned Develop-
ment Housing IPDHI Plan; and
WHEREAS, the requested zoning change
would permit development of the tract for a
planned housing development of 20 dwelling
units clustered in two and three unit combina-
tions around a storm water detention facility;
and
WHEREAS, the subject property is presently
in an area shown on the Comprehensive Plan
for the City of Iowa City as residential, at a
density of two to eight dwelling units per acre;
and
WHEREAS, the density of the proposed
development is consistent with the density
designated for this area in the Comprehensive
Plan; and
WHEREAS, the proposed design of the 'PDH
plan contains a sufficient amount of open
space and various features, such as varied
rooflines, staggered facades, setbacks and
perimeter landscaping, which lessen the ap-
pearance of bulk and make the design compati-
ble with surrounding existing and anticipated
single.family development.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. ZONING AMENDMENT. The
property legally described below Is hereby
reclassified from Its present classification of
RS-5 to OPDH-5, and the preliminary PDH plan
submitted by Village Partners for Wellington
Condominiums Is hereby approved, subject to
the approval of the final plat for Village Green
Part XIII, subject to the legal papers for the
final plat addressing drainage for dwellings with
basements and removal of snow from the
sidewalks on Somerset Lane, and also subject
to an ancillary agreement addressing the provi-
sion of adequate sanitary sewer capacity for
the development:
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Ordinance,No. 94-3644
Page 2
Commencing at the Southeast Corner of
the Southeast Quarter, Section 13,
Township 79 North, Range 6 West of the
Fifth Principal Meridian; Thence
SB9053'53"W, along the South Line of
Section 13, 130B.29 feet to a %" iron pin
found; Thence SB9057'00"W, along said
Section Line 224.46 feet to the Southeast
Corner of Lot 1 0, Village Green Part XII,
Iowa City, Iowa, in accordance with the
plat thereof recorded in Plat Book 33, at
Page 313, of the Records of the Johnson
County Office; Thence NOoo03'00"W,
along the East Line of Lot 1 0, B4.B2 feet
to the Northeast Corner thereof; Thence
NOB05B'49"E, along the East Line of Lot
11, Village Green Part XII, 136.B6 feet. to
the Northeast Corner thereof; Thence
N39029'01 "E, along the South Line of Lot
24, 403.02 feet, to the Southeast Corner
thereof, said point being the Point of
Beginning; Thence N26003'33"W, along
the East of said Lot 24, 216.55 feet;
Thence' N47030'51 "W, along said East
Line 14B.25 feet; to the Southeast Corner
of Lot 23, Village Green Part XII; Thence
NOBoOO'39"W, along the East Line of said
Lot 23, 250.42 feet; Thence
N26003'33"W, along the East Line of Lot
23,73.23 feet, to the Northeast Corner of
Lot 23, Village Green Part XII; Thence
Northeasterly 413.72 feet, along a 760.49
foot radius curve, concave Southeasterly,
whose 40B.64 foot chord bears
N79031'34"W; Thence S05006'40"W,
3B.76 feet; Thence S02051'05"E, 119.31
feet; Thence S77039'16"W, 99.B4 feet;
Thence Southeasterly B7.B9 feet, along a
532.57 foot radius curve concave North-
easterly, whose B7,79 foot chord' bears
S17004'24"E; Thence S2104B'05'W,
70,75 feet; Thence Southeasterly BO.17
feet, along a 290.0B foot radius curve,
concave Southwesterly, whose 79.91 foot
chord bears S13056'31"E; Thence
S06001 '29"E, 63.40 feet; Thence South-
easterly 134.08 feet along a 90.4B foot
radius curve concave Northeasterly,
whose 122.15 foot chord bears
S4602B'41 "E; Thence N89004'07"E,
42.33 feet; Thence Northeasterly 63.01
feet, along a 356.09 foot radius curve,
concave Northwesterly, whose 62.92 foot
chord bears N84000'41 "E; Thence
S 11002' 46"E; 45,00 feet; Thence
SOo055'53"E, 180,03 feet: Thence
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Ordinance No. Q/'-~h/'/'
Page 3
N75007'36"W, 332,70 feet to the Point
of Beginning. Said tract of land contains
5.11 acres, more or less, and is subject to
easements and restrictions of record.
SECTION II. VARIATIONS. The following
variations from the requirements of the RS-5
zone have been approved as part of this prelim-
inary PDH plan:
A. Twenty duplex and multi-family dwellings
which have been designed in a fashion
compatible with the single-family character
of surrounding properties, and which will
be buffered from adjacent development by
building setbacks and perimeter landscap-
ing will be allowed.
B. Reduction of the pavement width of the
private streets within the development will
be allowed. The private streets, Somerset
Place and Somerset Lane, are intended for
two.way traffic. Instead of twenty-eight
foot wide paved surfaces, back-of-curb to
back-of.curb IBC-BC), these streets shall
be a minimum of twenty-five (25) feet in
width, and will have five-inch deep As-
phalt Cement Concrete (ACC) surfaces.
Three-inch integral roll curbs will define
the edges of the paved, surfaces. Side-
walks shall be waived for Somerset Place.
Sidewalks are required on Somerset Lane
adjacent to the curb.
SECTION III. 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
final passage, approval and publication of this
Ordinance as provided by law.
SECTION IV, CERTIFICATION AND RECORD-
ING, The City Clerk is hereby authorized and
directed to certify a copy of this Ordinance
which shall be recorded at the Office of the
County Recorder of Johnson County, Iowa.
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 not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti.
tutional.
SECTION VII. EFFECTIVE DATE, This Ordi-
nance shall be in effect after Its final passage,
approval and publication, as provided by law.
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Ordinance No. 94-1fi44
Page 4
Passed and approved this 25th day
of October, 1994. ----
'/4AAJU/h.~~c
MAYOR - .
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1,\,,;' ,\ ,. CITY CteRK
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94-3644. r
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It was moved by Novick and seconded by Throgmorton
as read be adopted, and upon roll caUthere were:
that the Ordinance
AYES: NAYS: ABSENT:
x Baker
x Horowitz ' "
x Kubby
x Lehman
1{ Novick
x Pigott
x Throgmorton
First Consideration
Vote for passage:
NAYS: None., ABSENT:
9/27/94
AYES: Throgmorton, Baker, Kubby, Lehman, Novick.
Horowitz, Pigott .
'.
Second Consideration 10/11/94
Vote for passage: AYES: Baker, HOrOl{:ltz, Kubby, Lehman, Novick,
Pigott, Throgmorton. NAYS: None. ABSENT: None.
Date published 11/2/94
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ORDINANCE NO. q4-~h4~
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE REGULA-
TIONS FOR PROPERTY LOCATED IN THE
VICINITY OF THE MORMON TREK BOULE.
VARD/ HIGHWAY 1 INTERSECTION FROM
COUNTY A1 TO CI-1, INTENSIVE COMMER-
CIAL, AND TO CHANGE THE USE REGULA.
TlONS FOR AN APPROXIMATE 3.07 ACRE
TRACT OF LAND NORTHWEST OF THE INTER-
SECTION FROM COUNTY R1A TO CO-1, COM-
MERCIAL OFFICE.
WHEREAS, the City of Iowa City has re-
quested rezoning approximately B.l acres of
land in the vicinity of the Mormon Trek Boule-
vard/Highway 1 intersection from county Alto
CI-l, Commercial Intensive, and approximately
3.07 acres of land northwest of the intersec-
tion from county R1A to CO-l, Commercial
Office.
WHEREAS, the zoning new zoning classifica-
tions are consistent with the zoning classifica-
tions of adjacent properties; and
WHEREAS, the new zoning classifications are
consistent with the highest and best use of the
subject properties.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. ZONING AMENDMENT. The prop-
erty described in Exhibit A is hereby reclassified
from its present classification of County A 1 to
CI-l, and that property described In Exhibit B is
hereby reclassified from Its present classifica-
tion of County R1A to CO-1.
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 lew.
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Ordinance No. lJ4- 3645
Page 2
Passed and approved this 25th day
of October, 199~5-'.
l)J.xlU )no f
MAYOR ' i:. ~:-:-1
ATTEST:~~7...,u . 4-vv
CITY CL RK
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Ordinance No. 94-3645
Page 3
It was moved by Pill:ott and seconded by Novick
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x Baker
x Horowitz
x Kubby
x Lehman
x Novick
, 11' Pigott
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x Throgmorton
First Consideration 8'~ '94
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Vote for passage: AYES: Kubby, Lehman, Novick, Pigott,
Baker, Horowitz. NAYS: None. ABSENT: Throgmorton.
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Second Consideration 8/30/94
Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott,
Throgmorton, Baker. NAYS: None. ABSENT: None.
Date published 11 /? /94
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EXHIBIT A
A parcel of land located in the E 1/2 of Section 20, T79N, R6W of the 5th P.M., Johnson County,
Iowa,
Said parcel is described as follows:
Commencing at the Center of said Section 20;
Thence N89047'41"E, 1135.60 feet to a point on the southeasterly Right-of-Way line of State
Highway No. 1 and the point of beginning;
thence along said southeasterly right-of-way S34049'11"W, 244.80 feet;
thence N40044'41"W, 414.92 feet toa point on the northwesterly Right-of-Way line of State
Highway No.1;
thence the following courses and distances along said northwesterly right-of.way:
N76014'11"E, 198.37 feet;
N40017'45"E, 624.68 feet;
N44003'52"E, 272.40 feet;
N42016'52"E, 88.60 feet;
N45040'22"E, 83.50 feet;
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thence S39009'33"E, 287.13 feet to a point on the southeasterly Right-of-Way line of State
Highway No.1;
thence the following courses and distances along said southeasterly right-of-way:
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S44002'41"W, 389.10 feet;
S47055'56"W, 292.00 feet;
SW04'41"W, 140.40 feet;
S40003'41"W, 180.90 feet to the point of beginning,
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Said parcel contains 8.1 acres more or loss.
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EXHIBIT B
Commencing at the center of Section 20, Township 79, Range 6 West of the 5th P.M., thence N
0025' E 524.1 feet to the Point of Beginning, thence N 41007'30" W 282.4 feet, thence N 35057'
W 726,8 feet, thence S 89050'30" E 212.9 feet, thence S 26033'30" E 277.0 feet, thence S 41039'
E 177.0 feet, thence S 55052'30" E 193.6 feet, thence S 0025' W 311.8 feet to the Point of I' .
Beginning. Said tract containing 3.07 acres.
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE REGULA.
TIONS FOR AN APPROXIMATE 166 ACRES OF
CITY-OWNED PROPERTY KNOWN AS THE
IOWA CITY SOUTH WASTEWATER
TREATMENT PLANT SITE FROM COUNTY MI
AND Al TO p, PUBLIC.
WHEREAS, the City of Iowa City has re-
quested rezoning approximately 166 acres of
land known as the South Wastewater Treat-
ment Plant Site from County MI, Light Industri-
al, and A 1, Rural, to P, Public.
WHEREAS, the new zoning classification is
consistent with the zoning classifications of
other City owned facilities; and
WHEREAS, the new zoning classification is
consistent with the highest and best use of the
subject properties.
. NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. ZONING AMENDMENT. The prop-
erty described in Exhibit A, Exhibit B and Exhib-
it C is hereby reclassified from its present
classification of County M 1 and A 1 to P.
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
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EXHIBIT A
Treatment Plant Site
The Northeast Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal
Meridian, Johnson County, Iowa, which is more particularly described as follows:
Beginning at a Standard Concrete Monument found at the Southeast Corner of the Northeast
Quarter of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence
S88000'28'W, a recorded bearing along the South Line of said Northeast Quarter, 2615,31 feet,
to an iron pin found at the Southwest Corner of said Northeast Quarter of Section 35; Thence
N01058'07'W, 2651,36 feet, to an iron pin set; Thence N87051 '35"E, 2631,59 feet, to a
Standard Concrete Monument found at the Northeast Corner of said Northeast Quarter of
Section 35; Thence S01037'05"E, 2658,22 feet, to the Point of Beginning, Said tract of land
contains 159,89 acres, more or less, and is subject to easements and restrictions of record,
EXHIBIT B
Nursery Lane
The northerly portion of the existing county road known as Nursery Lane, acquired in Fee
Simple in the name of The City of Iowa City, for the purpose of construction of sewer
improvements over and across said land and more particularly described as follows:
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Beginning at an iron pin found in the centerline of Nursery Lane, at the Southeast Corner of
the Northwest Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal
Meridian; Thence N88000'28"E, a recorded bearing along the North Line of the Southeast
Quarter of said Section 35, 100,09 feet, to a point 100,00 feet normally distant east of the West
Line of said Southeast Quarter; Thence SOoo56'39"E, 16,50 feet; Thence S88000'28"W, along
a line parallel with and 16.50 foot normally distant southerly of the North Line of the Southwest
Quarter of said Section 35, 1753,26 feet, to its intersection with the centerline of Sand Road;
Thence northwesterly, 55.49 feet, along said centerline, on a 1189,77 foot radius curve,
concave southwesterly, whose 55.48 foot chord bears N28050'35'W, to its intersection with the
westerly projection of the North Right-of-Way line of said Nursery Lane; Thence N88000'28"E,
along said Northerly Right-of-Way Line, 1678,55 feet, to its intersection with the East Line of
the Northwest Quarter of said Section 35; Thence S01058'0T'E, along said East Line, 33,00
feet, to the Point of Beginning, Said tract of land contains 1,93 acres, more or less, and is
subject to easements and restrictions of record,
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EXHIBIT C
South Access Road
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Commencing at a found concrete monument at the Northeast Corner of the Southeast Quarter
of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence
S88000'28"W (An Assumed Bearing), along the North Line of said Southeast Quarter, 1,214.75
feet, to the Point of Beginning; Thence S02004'36"E, 527,86 feet; Thence N53035'12"E, 36,33
feet: Thence S02004'36"E, 50,00 feet; Thence S53035'12"W, 36,33 feet; Thence S02004'36"E,
41,18 feet; Thence S09039'32"E, 2057,00 feet, to a point on the South Line of the Southeast
Quarter of said Section 35; Thence S87057'26"W, along said South Line, 66,59 feet; Thence
N09039'32"W., 2052,54 feet; Thence N02004'36"W, 0.47 feet: Thence S38053'53'W, 45.75
feet; Thence S02004'36"W, 50,00 feet; Thence N38053'53"E, 45.75 feet; Thence N02004'36"W,
573,051 feet, to a point on the North Line of said Southeast Quarter; Thence N88000'28"E,
along said North Line, 66,00 feet, to the Point of Beginning, Said tract of land contains 4,12
acres, more or less, and is subject to easements and restrictions of Record.
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