HomeMy WebLinkAbout1988-01-26 Ordinancer�
City of Iowa City
MEMORANDUM
nate: December 9, 1981
To: Planning & Zoning Commission
��
From: Karin Franklin, Senior PlannAr J�
Re: Off-street Parking Requirements
The enclosed ordinance addresses four issues related to off-street park-
ing: 1) the applicability of the requirements; 2) the percentage of
spaces which may be allocated for compact cars; 3) the length of standard
vehicle parking spaces; and 4) the width of drives (the way used to access
the aisle of a parking area). These amendments are a result of staff
observations of how the current requirements work in a number of situa-
tions.
1. Section 36-58 Preamble
The revision clearly applies all of the parking requirements to park-
ing spaces which are required or provided. Currently the Code states
that when parking spaces are required, the requirements of the Code
will apply; added is the language or provided." With the change, any
parking space that is provided, even if not required, must be paved
and meet the locational and dimensional specifications of the Code.
This has been the interpretation of the ordinance to date; the amend-
ment explicitly states that interpretation.
2. Section 36-58(c)(2)b
Currently, one-third of all parking spaces may be compact in size (81x
15'). With the popularity of compact cars, a liberalization of this
Provision which would permit 50 percent of all spaces to be compact
size is suggested.
3. Sections 36-58(c)(2)a & 36-4(p)(2)
The.length of a standard parking space is now required to be 19 feet;
the amendment suggests 18 feet. This change permits construction of a
parking area on 40 foot wide lots, with 22 feet devoted to the aisle
and 18 feet to the parking space. Space for maneuverability is main-
tained in the 22 foot aisle of a space. The parking space should
accommodate any full-sized vehicle on the market.
4. Section 36-58(c)(2)
The current ordinance does not specify the minimum width of a drive (a
leadingsto the�ais�distngushlewhich directly accesed from an aisle sessthe parking space). the The
amendment proposes an 18 foot width minimum only in those cases where
a use requires more than 18 spaces. Examples of such uses would be an
W]
apartment building with ten units or a retail store with more than
3600 square feet (a QuikTrip usually has about 4,000 square feet.) The
rationale for the distinction is that uses requiring over 18 spaces
generate enough traffic that conflicts on a drive which is too narrow
could occur with some frequency. Less intense uses do not present
this problem, so the width of the drive may be diminished to a dimen-
sion which provides space for only one vehicle.
STAFF RECOMMENDATION
The staff recommends approval of the amendments to Section 36-58 enumer-
ated on the attached ordinance.
Approved by: ��O�i ZC,?l�
uqn Schm 1ser, Director
Department of Planning 8 Program Development
bdw3/7
Attachment
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ORDINANCE N3. 98-3360
AN ORD114 CE AMENDING THE ZONING ORDINANCE BY CHMlG-
ING THE OSE REGUTIONS OF PROPERTIES LOCATED EAST
OF BOYRW4 STREET AND NORTH OF OLYMPIC CIRCLE.
WHEREAS, in accordance with the Zoning Ordi-
nance, Southgate Developnent Company, owner of the
subject parcels, has made application to rezone the
properties frau I-1, General Industrial, to CI -1,
Intensive Crnmecial; and
WHEREAS, the short-range developnmt plan of the
Iae City Conprehensive Plan recannends that these
Properties develop for intensive cone-cial use; and
WHEREAS, the CI -1 zoning classification is
consistent with the Comprehensive Plan designation
for this area.
MW, TIERFFCRE, BE IT OlUIPED BY THE CITY
COLTCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. ZONING At•EN1 ENT. That the proper-
ties escri a ow are hereby reclassified from
their present classification of I-1 to CI -l.
PAFCEL A
In Towmship 79 North, Range 6 West of the
5th P.M., Section 15, S.W. 1/4 of the S.E.
1/4 thereof, a tract of land described as
fol 1":
Beginning at the point on the Nest line
of Llold's Subdivision which lies
SO'17'00'E, 203.00 feet fran the N.W.
caner of Lot 2 of Lloyd's Subdivision in
Iowa City, Iowa, according to the plat
recorded in Plat Book 7, page 25, Plat
Records of Johnson Canty, Iae; thence
50°17'00"E, 363.30 feet; thence
587°29'40"W, 166.00 feet; thence
WoI8'13" W, 369.75 feet; thence
189'43'00" E, 166.00 feet to the point of
beginning. Said tract contains 1.40
acres more or less.
PAPCEL B
The south 190 feet of lard described as
follows:
The S.E. quarter of Section 15, Township
79 North, Range 6 West of the 5th P.M. in
I" City, Johnson County, Iowa:
Cannencing at a point marked by an iron
pin, which point is on the South line
of said Section 15 and bears S870391W,
240.0 feet from the Southeast corner of
the Southwest 1/4 of the Southeast 1/4
of said Section 15; thence S870391W for
a distance of 103.1 feet; thence
NO'17'W for a distance of 565.3 feet;
thence S69048'E for a distance of 110.0
feet along the Southerly line of High -
C
poor
Ordinance lb. 88-3360
Page 2
way fb. 6; thence S0017'E for a dis-
tance of 524.0 feet to the point of
beginning.
SECTION II. MING 1N1P. The Building Inspector
is er y a tortze an directed to change the
zoning map of the City of Iowa City, to conform to
this anendnent upon the final passage, approval and
publication of this Ordinance as provided by law.
SECTION III. CERTIFICATION Af�O RECORDING. The
City er is er y duthorizea a trec ed to
certify a copy of this Ordinance Which shall be
recorded at the Office of the County Recorder of
Johnson County, lova, upon final passage and publi-
cation as provided by law.
SECTION IV. REPEALER. All ordinances and parts
of o finances in con ict with the provisicns of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY, If any section, provi-
sion or part OT this Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall rot affect the validity of the Ordinance as a
Whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE, This Ordinance shall
be toeffect a attts tna passage, approval and
publication as required by law.
Passed and approved this 26th day of
Jn ary, 1988.
MAYOR
ATTEST: %%,,, , n
�C IT LLI:W
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Ordinance No. 38-3.360
Page 3
It was moved by Courtney and seconded b
y I the Ordinance be adopted, don roll call there werle.o viz that
AYES: NAYS: ABSENT:
Ambrisco
_ Courtney
—S—Dickson
—
�Horowitz
—� Larson
— x McDonald
—x Strait
First Consideration -------
Vote for passage:
Second Consideration 1/72/SR
Vote for passage: Ayes: Dickson Ilorowitz, La
Strait, Ambrisco, Courtney. Nays: rson, ,McDonald
. Absent: None.
Date published 2/3/88 ,None
Moved by Courtney,. seconded by Ilorowitz, 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 first consideration and vote
be waived and the ordinance be given second consideration at
this time. Ayes: Courtney, Dickson, 1loroiaitz, Larson,
McDonald, Strait, Ambrisco. Nays: None. Absent: ,None.
/®Ullr
ORDINANCE NO. RR -S 61
AN ORDINANCE A?EMING TFE ZONING ORDINANCE BY CPA G-
ING TFE USE REGUATIONS OF PROPERTIES LOCATED IN TFE
600 BLOCK OF KIPWOOD AVENUE.
*EREAS, the site of the Old Kirkwood School-
house was recently sold by the Iowa City Comunity
School District to a W. Keith Achepohl; and
WNEREAS, in accordance with the Zoning Ordi-
nance, W. Achepohl has made application to rezone
the Property frau P to RS -8, Mediun Density Sin-
gle -Family Residential Zone; and
WHEREAS, staff has suggested and the property
niers agree that the adjacent properties to the
west, at 612 and 620 Kirkwood Avenue, should also be
rezoned from RS -5 to RS -8 to maintain a uniformity
of the zoning for properties north of Kirkwood
Avenue and west of Dodge Street; and
WHEREAS, the Comprehensive Plan designates the
area north of Kirkwood Avenue and west of Dodge
Street for Median Density Residential Development
(8-16 du/a); and
WFEREAS, RS -8 zoning is consistent with the
Conprehensive Plan designation for this area.
NOW, TFEREFORE, BE IT ORDAINED BY TFE CITY
COUNCIL OF TFE CITY OF IDA CITY, IOWA:
SECTION I. ZONING Al MIENF. That the proper-
ties described beTow--are—Fe-r'Ey—reclassified to RS -8
from their present classifications of P and RS -5.
Lots 6, 1, and 8, Block 3, Borland Place.
SECTION II. ZONING VAP. The Building Inspec-
tor is hereby a rmz directed to charge the
zoning map of the City of love City, Iove, to con-
form to this anendnont upon the final passage,
approval and publication of this Ordinance as pro-
vided by law.
SECTION III. CERTIFICATION AM RECORDING, Ilk -
City Clerk is her y authorbz and directed to
certify a copy of this ordinance vhich shall be
recorded at the Office of the County Recorder of
Johnson County, Iove, upon final passage and publi-
cation as provided by law.
SECTION IV. REPEALER: All ordinances and parts
of o mnances in con 1 with the provisions of
this Ordinance are hereby repealed,
SECTION V. SEVERABILITY: If any section,
Praasbon o o bs inane shall be ad-
judged to be invalid or unconstitutional, such
adjudication shall rot affect the validity of the
Ordinance as a vhole or any section, provision or
part thereof rot adjudged invalid cr unconstitu-
tional.
p
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Ordinance No. 83-3361
Page 2
SECTION VI. EFFECTIVE DATE: This Ordinance
shall tp in effect after its final passage, approval
and Publication as required by law.
Passed and approved this 26th clay or
Ja uary, 1988.
MAYOR
ATTEST:
L11YTY Cl g—"`
QCCCIVCtI ji
Ayr ^a,'•,c!�,�u
/'wr
4
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Ordinance No. 88-3361
Page 3
It was moved by Dickson and seconded by Strait that
the Ordinance be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
X Courtney
_ \ _ Dickson
X_ Horowitz
Larson
_ McDonald
Strait
First Consideration ---
Vote for passage:
Second Consideration 1/12/88
Vote for pa$s ge: Ayes: Larson, McDonald, Strait, Ambrisco,
Courtney, Dickson, Ilorowitz. Nays: Nona Absent: None.
Date published 2/3/88
,\loved by Courtney,, seconded by Dickson, 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 first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: llorowitz, Larson, McDonald, Strait, Ambrisco, Courtney,
Dickson. Nays: None. Absent: None.
allIWCE NJ. 88-3362
AN ORDINANCE TO VACATE A PORTION OF THE CLINTON
STREET RIGIT-OF-WAY BERWEEN BENTON STREET AND
KINiK4,OCp AVME.
VNEREAS, the City % % City has received a
request frcm the Iaa Arny National Guard to use a
Portion of the Clinton Street right -of -%V for
parking; and
WdEREAS, this Portion of Clinton Street is not
needed for public access at this time; and
MEREAS, any existing utilities in the right-of-
way will be protected through the lease negotiated
between the City of Iona City and the Iowa Arad
National Guard.
NOW, THEFEFORE, BE IT OWNED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA.
SECTION I. That a portion of Clinton Street, more
particularly described below shall be vacated as
public right-of-wray:
Camencing at the soutMst oxw Of Cutlet 1 in
that part of Iowa city, Iowa, knum as the Canty
Seat of Johnson County, according to the ranrt�d
plat thereof; thence North alorg the West lire of
Outlet 1, 49 feet to the point of beginning;
thence West 23 feet 6 inches pepadiaula• to the
West line of Outlet 1; thence North 251 feet
parallel to the West line of Outlet 1; thence 23
feet 6 inches East; thence 251 feet South along
the West line of Outlet 1 to the Point of
beginning, located in the City of Iaa City,
lone, County of Johnson, State of Iava.
SECTION 11. REPEALER, All ordinances and parts of
ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION III. SEVERABILITY, If any Section,
Provision or part of the Ordinar m shall be *dg3d
to be invalid or unconstitutional, such alldication
shall not affect the validity of the Ordinance as a
wftle or any section, provision or part thereof not
adjudged invalid or unconstitutional
.
SECTION IV. EEFECTI E— r7 This -Ordinance shall
be in effect after its final Passage, approval and
Publication as required by law.
Passed and approved this 26th day, of
January, 1988.
ATTEST: 424. 4 ) 'A �A
CI ' UtM
P
117
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Ordinance No. 88-3362
Page Y
It was moved by Dickson and seconded by Ilorowitz that
the Ordinance be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_ X Ambrisco
X Courtney
x Dickson
_ Horowitz
X Larson
McDonald
Strait
First Consideration -------
Vote for passage:
Second Consideration 1/72/88
Vote for passage: Ayyes: Strait, Ambrisco, Courtney, Dickson,
Horowitz, Larson, JfcDonald. Nays: None. Absent: None.
Date published 2/3/88
Moved by Ilorowitz, seconded by Dickson, 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 bg suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: McDonald, Strait, Ambrisco, Courtney, Dickson, Horowitz,
Larson. Nays: Nona Absent: None.
117
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SEVILLE
CORPOR.\TIO,\
RE, -\L EST:\TE
940 MAIDEN LANE
P.O. BOX 2178
IOWA CITY, IOWA 52244
(319) 351.2412
January 14, 1988
Monica Moen
Planning Department
City of Iowa City
Iowa City, Iowa 52240
mvLc0
JAN 15 ?oh
P.P.D. DEPARTMENT
RE: Southwest Estates Zoning Hearing
Dear llonicn:
The above rezoning is set for a public hearing on Tuesday, January 29, 1988,
as you already know.
This has been a very difficult and lengthy development as you also know.
The time has arrived when developers need to have their proje
drawings complete for bid letting. cts planned and
Due to the time constraints, I respectfully ask for any expediting that is
Possible for this project.
1 understand that it is possible to have the first and second reading of the
hearing at the January 26th meeting and set the third and final reading of the
hearing for February 91 1988.
I w(II be unable to attend the January
January 25th informal meeting. 26th meeting, but 1 will attend the
Thank you for your consideration.
FJE/snj
cc: John Cruise
Larry Snittzer
Sincerely,
Fronk J. Eicher
/0Z /
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DRAFT
January, 21 1988
CONDITIONAL ZONING AGREEMENT
AGREEMENT, dated as of the day of
between the City of Iowwaamity
corporation (DeveloperQ.
1988, by and
Iowa (City), and Seville Corporation, an Iowa
RECITALS
A. Developer owns a tract ofd land located/in the northeast quadrant of the
intersection of Rohret and
City. The tract contains app
located in Iowa City, and the
the entire tract will hereinal
B. Developer has applied to
containing 84.73 acres,
lothoXely
Roads in the southwest part of the
oxima 165 acres, 148 acres of which are
nce in Johnson County. (For convenience,
be referred to as "Southwest Estates".)
following part of Southwest Estates,
the Interim Development -Residential
Single Family (ID -RS) ar)6 Rural Residential (RR -1) classifications, to the
Residential Single-Famoy (RS -5), to �it:
In Johnson County, vtowa.
Commencing at a Concrete Monument whi h marks the Southeast corner
of the South ast Quarter of Section 13 Townshig 79 North, Range 7
West of the 5th Principal Meridian; Th nce N00 53'42"E, along the
East line f said Southeast Quarter of ection 13, 417.00 feet to
a point o the Northerly Right of Way ine of Rohret Road, said
point al being the Southeasterly cornr of Lot 1 of Southwest
Estates ubdivision, Part One, and the Pont of Beginning; Thence
Southwe terly, along said Right of Way 15 .20 feet, on a 1950.00
foot r dius curve, concave Southeasterly, ose 155.16 foot chord
bears S70034'38"W; Thence S68017'49"W, alo g said Right of Way
line, 66.03 feet; Thence Northwesterly 23.5 feet, along a 15.00
foot radius curve, concave Northeasterly, wh se 21.21 foot chord
bea s N66042'11"W; Thence N21142'11"W, 27 .67 feet to the
No hwesterly corner of Lot 2 of said S bdivision; Thence
No thwesterly 204.63 feet, along a 518.82 f t radius curve,
c ncave Northeasterly, whose 203.30 foot chord b ars N10024'15"W;
T ence N00053142"E, 172.49 feet; Thence North sterly 1068.14
eet, along a 680.00 foot radius curve, concave Southwesterly,
hose 961.67 foot chord bears N44006'18"W; Thenc N89006'18"W,
115.31 feet; Thence S00053'42"W, 310.00 feet along the westerly
line of lot 17 of Southwest Estates Subdivision, Part 2; Thence
S06037'04"W, 480.92 feet along the westerly line of lot 11 of said
Subdivision; S67o40'29"W, 200.00 feet alon% the northwesterly line
of lot 10 of said Subdivision; Thence N54 00106" W, 662.14 feet;
/ Thence N29013115"E, 60.57 feet; Thence N07030"00"E, 297.07 feet;
Thence N22o30100"E, 55.00 feet; Thence N67030'00"W, 336.00 feet;
Thence S330301 00"W, 173.50 feet; Thence S49045'00"W, 230.00 feet;
Thence N40015'00"W, 158.00 feet; Thence 1189003'10"I4, 99.47 feet to
a point on the west line of the Southeast Quarter of said Section
13, Thence N00056150"E, 1073.84 feet to the Northwest corner of
the Southeast Quarter of said Section 13; Thence N89040'15"E,
2642.75 feet to the Northeast corner of the Southeast Quarter of
said Section 13; Thence S00053'42"W, 2223.48 feet along the east
line of the Southeast Quarter of said Section 13 to the Point of
Beginning; Said tract of land contains 84.73 acres more or less
and is hereinafter referred to as the "RS -5 Tract".
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C. Based upon studies of demand or growth pressure, and estimates of projected
population growth in seven separate study areas, the City's 1978 Comprehen-
sive Plan, as modified by the 1983 Comprehensive Plan Update (together, the
"Comprehensive Plan") sets forth City policies for land use and develop-
ment. The Comprehensive Plan growth management policy provides, with re-
spect to th .Miming or sequence of development, that development should
occur only a such time as it is possible to -
1. Maintain c pact and contiguo/seweline
an
2. Maximize eff �ciency of munici.D. The timing of improvements incle City's Capital Improvements
Program (CIP), inclu,d,ing water ane extensions, street improve-
ments and other develop entrelats, is based, in large part, on
the Comprehensive Plan.
E. The Comprehensive Plan spe ificalas follows:
e
From time to time, cert in ctors may encourage private develop-
ers to develop tracts f lan out of phase with the development
sequence determined t be app priate for the City. Those devel-
opments will .ir the exte Sion of municipal services in a
manner that is in fficient an not anticipated in the City's
capital improvemen s program, order to approximate the effi-
ciency of develo ment upon whit the City's growth management
policy is based, out of sequence velopment would be required to
expend all of t e costs associated with that development, includ-
ing costs typic lly subsidized by th City. Costs customarily paid
by the City ma be recouped at such t'me as sufficient intervening
development o curs to resemble the co t/benefit balance on which
Sequent deve opment is based.
F. Since adoption of the Comprehensive Plan in 1 78, the area in which South-
west Estates is located has been shown on the Comprehensive Plan Map as
Agricultura /Rural Residential, with residentia development at urban
standards not expected to occur before the mid -199 In 1986, the City
Council dopted Resolution No. BG -101 restating its po icy that, other than
for ro tine maintenance, no public improvements will be,made to Slothower
Road r Rohret Road west of Highway 218 before 1998.
G. In ccordance with the Comprehensive Plan, the portion of Southwest Estates
which lies within Iowa City is zoned RR -1 and ID -RS. The RR -1 zoning
district is intended to encompass areas of rural residential character
where City utilities are not planned within the foreseeable future. The
/02/
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ID -RS zone is intended to encompass areas of managed growth, allowing
agricultural and non -urban uses of land until municipal services can be
provided and single-family development can occur at urban densities.
H. The portion of Southwest Estates which is zoned RR -I is located in a water-
shed which drains away from the developed parts of the City, and gravity
flow municipal sewer services will not be available to such area in the
foreseeable future.
I. Develop r has previously platted or subdivided a portion of the RR -1 zoned
land i Southwest Estates. Developer is now s eking to have the 84.73 acre
portion f the property which is zoned RR- and I0 -RS rezoned to RS -5 to
allow deve pment because it would be mor cost effective to Developer to
extend City tilities to the entire de elopment, rather than just a small
part.
J. Under the City's Subdivision regul tions, developers are required to in-
stall and pay for ater and sewe 1 ines, and for paving streets up to 28
feet wide, within th subdivisi n. Because streets must sometimes be con-
structed wider than 28 feet i order to handle anticipated through traffic,
and water and sewer line m t be installed which are larger than needed to
serve a particular develo ent, and it is more economical to install over-
size facilities at the me of original installation, developers sometimes
are required to install larger than normal water or sewer lines, or streets
wider than 28 feet. In such c se, the City's current policy is to reim-
burse developers fo the extra c st from funds provided through the CIP
budget.
K. Because there is approximately one -ha f mile distance between the easterly
boundary of So thwest Estates and th nearest development to the east
(Hunter's Run ubdivision), development o Southwest Estates is not compact
and contiguo s. In conjunction with develop ent of Southwest Estates, Part
2, the Deve oper extended the water main to S uthwest Estates from Hunter's
Run, acro s the intervening property, at its so) @\ expense.
L. Southwes Estates is served by part of the Cit>'s Southwest Interceptor
Sewer s, stem, which, in addition to areas presently, being served, is ex-
pected/ to serve approximately 438 acres of presently undeveloped land.
However, assuming full development of previously platted lands, and devel-
opment of unplatted lands at densities shown on the Comprehensive Plan,
this portion of the Southwest Interceptor Sewer system as presently con-
structed only has capacity to serve an additional 75 acres. Enlargement of
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that sewer system to serve the full 438 acres including Southwest Estates
will require reconstruction of part of the system by replacement of a
section of 10 inch diameter pipe with larger pipe. The reconstruction is
not necessary to meet the demand projected in the City's Comprehensive Plan
until after 1998.
M. Out -of -sequence development of Southwest Estates will reduce or completely
deplete available sewer capacity for lands to/be served by a portion of the
Southwest Interceptor Sewer system, and which are shown as currently
develo able according to the Short -Range lan of Development of the Compre-
hensive Ian.
N. While in llation of sewers is norm lly a developer's responsibility, the
cost of inc easing the size of, r upgrading, sewer lines is normally
financed by t e City through be ds which are retired by sewer use fees
which are unifor for all user of the City's sewer system. The capacity
constraint in the outhwest I erceptor Sewer could be eliminated at a cost
currently estimated t $64, 0, but the City had not expected to incur that
cost until most of th la d east of Highway 218 had been developed in the
sequence contemplated in the Comprehensive Plan.
0. After due deliberation t e Iowa City Planning and Zoning Commission has
recommended approval f Deve oper's rezoning request -
"subject to t e condition that all costs associated with that
development, ncluding costs typically subsidized by the City,
will be paid y the developer, costs customarily paid by the City
may be recon ed at such time as either (a) intervening development
between Hun rs Run Subdivision nd Southwest Estates is substan-
tially comp ete, but not before 1 98, or (b) the growth management
policy for the southwest area is ended such that development of
Southwest Estates is regarded as being in sequence with that
developme t policy."
P. Although ou -of-sequence costs may be sub tantial, and reimbursement for
those cost may not occur for several years, Developer is willing to ad-
vance suc amounts in order to obtain rezoning which will allow immediate
developme t of the balance of Southwest Estates.
Q. While re oning of Southwest Estates is consistent with the City's long-
range d elopment plans, the City has agreed to the quested rezoning at
this time only because Developer is willing to finance the out -of -sequence
development costs which will be incurred in development of Southwest Es-
tates.
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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Prior to the issuance of building permits for the RS -5 Tract, Developer
shall file and obtain City approval of a subdivision plat or plats, and
shall contract for and install such public improvements as the City may
require pursuant to its ordinances, rules, and regulations.
2. In conjunction with approval of such subdivision plats, Developer agrees
that the City may (a) require Developer to install public improvements with
sufficient capcity to serve other developments in the area, including
without Ii itation, paving in excess of 28 feet in width, water mains
exceeding six (6) inches in diameter, and /satary sewer lines exceeding
eight (8) i cher in diameter; and (b) requeveloper to extend public
facilities, i cluding streets, sewers,/awater lines, through or across
property belon \ng to third parties der to serve developer's prop-
erty.
3. The parties agree that, to the xtent improvements are required which
exceed City requir ments in ffect at the time of subdivision plat
approval, Developer s all be entitled to reimbursement from the City for
the extra costs incurre d termined as follows:
Overwidth pa7nq a City's share shall be the actual cost per
linear foot over idth paving,and shall be considered a strip
in the centee pave ent.Oversized wans or s er lines - The City's share shall be the
difference 'n cost between t pipe, main or conduit required by the
City and ipe, main or conduit needed to service the subdivision it-
self. /
The actua reimbursible cost of such items shall be determined at the time
the work is done, and shall be agreed upon in writing by Developer and the
/Reimb
ager or his/her designee.
4.ement to Developer of the costs determined pursuant to paragraph 3,
t be made until (a) development of the area north of Rohret Road,
Deerfield Drive in Hunter's Run Subdivision, east of the east line
outheast Quarter of Sec. 13, Township 79 North, Range 7 West of the
cipal Meridian, and south of Willow Creek has been substantially
completed, but not before 1998, or (b) the Comprehensive Plan is revised to
show earlier development of the area which includes Southwest Estates. For
1z1
purposes of this Agreement, development shall be substantially complete
when all of the land in the above -defined area has been platted and build-
ing permits have been issued for construction on at least 90% of the lots
in such area.
5. The City agrees that, when the conditions for reimbursement have been met,
it will reimburse Developer for the costs determined pursuant to paragraph
3. If such reimbursement occurs within twenty-four (24) months after
intervening d 4elopment is substantially complete reimbursement shall be
on a dollar or dollar basis, with no intere or carrying costs. Any
amount unpaid t the end of the twenty-four 24) month period shall there-
after bear inte est until paid at a rat equal to the rate the City is
paying on the las general obligation b nds it issued prior to the inter-
est commencement da e.
6. The parties agree tha where, as art of its out -of -sequence development,
Developer is required\o exte public facilities to Southwest Estates
through or across property b onging to third parties, and if the cost of
such extension would nor ly be the responsibility of the developer of
that other property, the i y shall establish a fee structure and mechanism
establishing the conn tion or tap -in fees which other persons shall be
required to pay in der toonnect to such facilities. The cost-sharing
shall be on a pro- ata basis, nd other persons who connect to such facili-
ties shall be pa ing to reimbu \e Developer for the cost of the off -prem-
ises facilitie .
7. Because out- f -sequence development may require upgrading portions of the
Southwest terceptor Sewer system earlier than contemplated in the Compre-
hensive P an, the City shall (upon receipt of the first payment hereunder)
establi h a separate account to hold payments (the "Sewer Upgrade Fees")
which eveloper will make to assist in paying the estimated cost of such
upgr de. Developer's payments shall be made at the time of, and as a condi-
" do to, issuance of building permits for lots in Southwest Estates. The
Sewer Upgrade Fee shall be determined as follows:
Step 1:
Estimated cost to upgrade Southwest Interceptor Sewer = Cost per acre
75 acres
Step 2:
Cost per acre x number of acres in a roved plats = Cost per lot
Number of lots to approve p a s
in Southwest Estates
/A/
7
P
The Sewer Upgrade Fee shall be reviewed annually, in June, by the City's
Director of Public Works, and a new fee shall be established, effective as
of July 1 of each year, to reflect then current cost estimates.
B.
The Sewer Upgrade Fee shall be paid and collected until (a) the Comprehen-
sive Plan is revised to show earlier development of the area in which
Southwest Estates is located, or (b) building permits have been issued
which will exhaust the available capacity of a portion of the Southwest
Interceptor Sewer system.
9.
The City shall use the Sewer Upgrade Fees it collects to pay all or part of
the cost of upgrading the Southwest Interceptor Se/er system to increase
its capacity to allow service to the entire undev loped area (approximately
438 acres) which a portion of that sewer is a ected to serve.
10.
Develope acknowledges and agrees that it all bear all risks with respect
to both the 'ming and amount of reimbu sement for costs it must incur to
develop out -of- quence with the City' Comprehensive Plan.
11.
Developer agrees t at the conditio being attached to its rezoning request
are reasonable and re being ' posed to satisfy public needs directly
caused by the requested change
12.
Developer acknowledges th t e City may amend or change its regulations or
ordinances to require wi a streets, or larger diameter water mains or
sewer pipes or lines i new evelopments, and that such new requirements
may be applied to subd vision ap rovals in Southwest Estates made after the
effective date of su amendment o change.
13.
It is understood a d agreed by and tween the parties that nothing herein
contained, nor all the entering i to of this Agreement be deemed to
constitute in a y way a waiver of any o the ordinances, rules, regulations
or specificat' ns of the City, and the eveloper hereby agrees to comply
with all ordinances, rules, regulations an specifications of the City, and
all of the aws of the State of Iowa.
" 14.
This Agre ment shall be a covenant running with the land and shall be
binding on the successors and assigns of the p rties hereto.
P
V
tr
Dated at Iowa City, Iowa, this _ day of
1988.
CORPORATION
is er, resien
ck G. Seemuth,
Cant Secretary
/A /
STATE OF IOWA
SS
JOHNSON COUNTY
On this day of , 1988, before me the undersigned, a
Notary Public in and for the State o Iowa, personally; appeared Frank J. Eicher
and Patrick G. Seernuth, to me personally known, whop being by me duly sworn,
did say that they are the Presrndby
nd Assistant S cretary, respectively, of
said corporation executing the and foregoing instrument, that the seal
affixed thereto is the seal ocorporation; that said instrument was
signed and sealed on behalf ofcorporation b authority of its Board of
Directors; and that said Frank er and Patrick G. Seemuth as such offi-
cers acknowledged the executiond instrument to be the voluntary act and
deed of said corporation, by it them voluntarily executed.
STATE OF IOWA )
JOHNSON COUNTY ) SS:
On this day of
Notary Public in and for said State,
Marian K. Karr, to me personally/k ow
that they are the Mayor and City,Cl rk
ration executing the within ani fo e5
hereto is the seal of said m nicip \l
signed and sealed on behalf of saidr��i
City Council of said municipal corporal,
Marian K. Karr acknowledged/
executed. /the execut
tary act and deed of said municipal cor
02/43-01-161
owa
1988, before me, the undersigned, a
personally appeared John McDonald and
who, being by me duly sworn, did say
respectively, of said municipal corpo-
ing instrument; that the seal affixed
corporation; that said instrument was
ricipal corporation by authority of the
on, and that the said John McDonald and
on of said instrument to be the volun-
ioration, by it and by them voluntarily