HomeMy WebLinkAbout1988-02-23 OrdinanceORDIMME 1D. 88-3-3366
AN ORDINMCE TO *END PORTIOf15 OF THE ZONING Ml-
WCE REGARDING OFF-STREET PARKING REWIRRUTS.
WHEREAS, the dimensional requirements for off-
strcet parking have been in effect for five years;
and
lr1EREAS, use of these requirements has shown
that cha ges can be made to certain requirements
without capranising the intent of the regulation to
ensure safe and usable parking areas,
NOW, TIEREFCRE, PE IT allItED BY RE CITY
CODICIL OF IOWA CITY, IOWA, THAT:
SECTION I. ADENkW.
1. e preamble of Section 36-58 of the Code of
Ordinances is amended by deleting said section
and inserting the following in lieu thereof:
When required or provided, off-street parking
and stacking spaces, aisles and drives shall be
provided and maintained in canpliahce with the
following requirements:
2. Section 36-58(c)(2)b is amended by deleting said
section and inserting the following in lieu
thereof:
b. L¢ to one-half (112) of the required nurber
of parking spaces may be eight (8) feet in
width by 15 feet in length if the parking
spaces are signed "Conpact Vehicles Only."
3. Figure 1 referred to in Section 36-58(c)(2)a is
amended to reflect standard vehicle parking
spaces 18 feet in length.
4. Section 36-58(c)(2) is amended by adding the
following:
1. A drive providing access to a parking
area
with nmre than 18 spaces shall be no less
than 18 feet in width if designated for
twoiey traffic, or 10 feet in width if
designed for one-way traffic.
5. Section 36-4(p)(2) is amended by deleting said
section and inserting the following in lieu
thereof:
(2) Parking space. An asphalt, concrete or
similar pemnanent dust -free surface which
is intended for off-street vehicular park-
ing.
SECTION IIIREPEALER: All ordinances and parts
of
ORM
in cunT11CC with the provisions of
this ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section,
provision or part of this Ordinance shall be ad-
judged to be invalid or unconstitutional, such adju-
dication shall not affect the validity of the
Ordinance as a vhole or any section, provision or
Part thereof not adjudged invalid or unconstitu-
tional.
OHM
FFAMM
Ordinance Pio. 88-3366
Page 2 —
SECTION V. EFFECTIVE DATE: This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Passed and approved this 23rd clay of
121988.
"sig
MAYOR
ATTEST: f - siJr '
CITY CLERK
w
A93
It was moved by Dickson and seconded by Courtney that
the Ordinance as rea e a opte , and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
r Courtney
x Dickson
X Horowitz
X Larson
X McDonald
Strait
First Consideration 1/26/88
Vote for passage: Ayes: Dickson, Morowitz, Larson, McDonald,
Strait, Courtney. Nays: None. Absent: Ambrisco.
Second Consideration 2/9/88
Vote for passage:yes�Donald, Ambrisco, Courtney,
Dickson. Nays: None. Absent: Strait, Horowitz.
Date published 3/2/88
Approved as to Form
Leg r Department
MIM
ORDIIJAICE W. 88-3367
AN ORDINVU MENDING TFE ZONING ORDIWNCE BY CWJG-
ING T1E USE REWTIONS OF AN 84.73 ACRE TRACT KNOWN
AS SOUNWFST ESTATES.
WFERFAS, Seville Corporation, Omer of the par-
cel, has made application to rezone certain property
from ID -RS, Interim Development -Single -Family
Residental and RR -1, Rural Residential to RS -5, Law
Density Single -Family Residential; and
WFERFAS, the City Council has amended the Com.
prebensive Plan lard use classification of the tract
from Agricultural/Rural Residential to Residential
at a density of 2-8 dwelling units per acre; and
WFEREAS, the RS -5 zoning classification is con-
sistent with the areded Comprehensive Plan designa-
tion for this area; and
WHEREAS, the lard is shorn on the Cagmebensive
Plan as developing after 1998; and
WHEREAS, the Omer wishes to develop the land now
in order to realize econanies of scale in installing
Public inprovenents for the land in question ad
abutting, previously platted land it also awns; and
WrfIEAS, pursuant to Iowa Code (1987) Section
414.5 and in conformance with the City's Out of
Sequence Devleopnent Policy, Seville Corporation and
the City of I%@ City have agreed to certain condi-
tions set forth in the attached Conditional Zoning
Agreement.
NOW, 1lEREFORE, BE IT ORDAINED BY THE CITY
COXIL OF THE CITY OF IOWA CITY, IOWA, TINT:
SECTION I. ZONING AhENYfW. subject to the
tens and Co m ions Ot the Conditional Zoning
Agreenent Which is attached hereto and incorporated
herein by reference, the property described below is
hereby reclassified from the ID -RS and RR -1 classi-
fications to RS -5.
Cementing at a Concrete hbnument Which marks
the Southeast comer of the Southeast Quarter
of Section 13, Township 79 North, Range 7 West
of the 5th Principal Meridian; Thence
N00053'42"E, along the Fast line of said
Southeast Quarter of Section 13, 417.00 feet
to a point on the Northerly Right of Way Line
of Rohret Road, said point also being the
Southeasterly ccrner of Lot 1 of South est
Estates Subdivision, Part One, and the Point
of Beginning; Thence Southwesterly, along said
Right of Way 155.20 feet, on a 1950.00 foot
radius curve, concave Southeasterly, Whose
155.16 foot chord bears S70034'38"W; Thence
S68017'49"W, along said Right of Way line,
66.03 feet; Thence Northwesterly 23.56 feet,
along a 15.00 foot radius curve, concave
Northeasterly, Whose 21.21 foot chord bears
d?E
Ordinance No. 83-3367
Page 2
N66042'11"W; Thence N21042'11"W, 276.67 feet
to the Nothmesterly corner of Lot 2 of said
Subdivision; Thence Northwesterly 204.63 feet,
along a 518.82 foot radius curve, concave
Northeasterly, whose 203.30 foot chord bears
N10024'15"W; Thence N00053'42"E, 172.49 feet;
Thence Northwesterly 1068.14 feet, along a
680.00 foot radius curve, concave South-
westerly, whose 961.67 foot chord bears
N44006'18"W; Thence W9c06'18"W, 115.31 feet;
Thence SOOo53'42"W, 310.00 feet along the
westerly line of lot 17 of Southwest Estates
Subdivision, Part 2; Thence 506037'04"W,
480.92 feet along the westerly line of lot 11
of said Subdivision; S67040129"W, 200.00 feet
along the northwesterly line of lot 10 of said
Subdivision; Thence h54000'06" W, 662.14 feet;
Thence N29013'151, 60.57 feet; Thence
N07030"00"E, 297.07 feet; Thence N22030'00"E,
55.00 feet; Thence h57o30'00"W, 336.00 feet;
Thence 533030'00"W, 173.50 feet; Thence
S49045100"W, 210.00 feet; Thence N40015100"W,
158.00 feet; Thence N89913'10"W, 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 Sec-
tion 13; Thence N39040'15"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 South-
east Quarter of said Section 13 to the Point
ofBeginning; Said tract of lard contains
84.73 acres more or less.
SECTION II. ZONING MAP. The Wilding Inspector
is hereby authorizEd and directed to charge the
zoning map of the City of Iowa City, to conform to
this anendrent.
SECTION III. CERTIFICATION AND RECORDING. The
Cityer s er y a riz a directed to
certify and file a copy of this Ordinance and the
Conditional Zoning Agreenant at the Office of the
County Recorder of Johnson County, Iowa.
SECTION IV. REPEALER. All ordinances and parts
of ordinances in contil with the provisions of
this Ordinance are hereby repealed.
SECTION V. AGREETENT. The Mayor is hereby
authorized and directedsign, and the City Clerk
to attest, the Conditional Zoning Agreenent Which is
attached to and made a part of this Ordinance.
M
Ordinance No. 88-3367
Page 3
SECTION VI. SEVEPABILITY. If any section,
provision or part of this Ordinance shall be ad-
judged to be invalid or unconstitutional, such adju-
dication shall not affect the validity of the
Ordinance as a hhole or any section, Provision or
part thereof not adjudged invalid or unconstitu-
tional.
SECTION VII. EFFECTIVE DATE, Ibis Ordinance
shall be in effect after its final passage, approval
and publication as required by law.
Passed and approves this 23rd clay of
February, 1988.
I YOR
ATTEST: 1/lonn.u� i/ 7Gc v/
CITY CLEW
Reeehnd A Appivyd
BY The Legal peparhnen}
m
W
.r
ordinance No. 88=3.;67
Page 4
It was moved by Ambrisco and seconded by Dickson that
the Ordinance be adopted, anon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
x Courtney
x Dickson
--T— — — Horowitz
Y, Larson
McDonald
—� Strait
First Consideration 1/26/88
McDonald,pStra9it. \ Nays: None. Absent: Ambriscoitz, Larson,
Second Consideration 2/9/88
Vote for passage: Ayes: McDonald, Ambrisco, Courtney, Dickson,
Larson. Nays: None. Absent: Strait, Horowitz.
Date published 3/2/88
M
CONDITIONAL ZONING AGREEMENT
AGREEMENT, dated as of the 26th day of January, 1988, by and between the
City of Iowa City, Iowa (City), and Seville Corporation, an Iowa corporation
(Developer).
RECITALS
A. Developer owns a tract of land located in the northeast quadrant of the
intersection of Rohret and Slothower Roads in the southwest part of the
City. The tract contains approximately 165 acres, 148 acres of which are
located in Iowa City, and the balance in Johnson County. (For convenience,
the entire tract will hereinafter be referred to as "Southwest Estates".)
B. Developer has applied to have the following part of Southwest Estates,
containing 84.73 acres, rezoned from the Interim Development -Residential
Single Family (IO -RS) and Rural Residential (RR -1) classifications, to the
Residential Single -Family (RS -5), to wit:
In Johnson County, Iowa.
Commencing at a Concrete Monument which marks the Southeast corner
of the Southeast Quarter of Section 13, Township 79 North, Range 7
West of the 5th Principal Meridian- Thence N00 53'42"E, along the
East line of said Southeast Quarter of Section 13, 417.00 feet to
a point on the Northerly Right of Way Line of Rohret Road, said
point also being the Southeasterly corner of Lot 1 of Southwest
Estates Subdivision, Part One, and the Point of Beginning; Thence
Southwesterly, along said Right of Way 155.20 feet, on a 1950.00
foot radius curve, concave Southeasterly, whose 155.16 foot chord
bears S70034'38"W; Thence S68017149"W, along said Right of Way
line, 66.03 feet; Thence Northwesterly 23.56 feet, along a 15.00
foot radius curve, concave Northeasterly, whose 21.21 foot chord
bears N66042'11"W; Thence N21042'11"W, 276.67 feet to the
Northwesterly corner of Lot 2 of said Subdivision; Thence
Northwesterly 204.63 feet, along a 518.82 foot radius curve,
concave Northeasterly, whose 203.30 foot chord bears N10024'15"W;
Thence N00053'42"E, 172.49 feet; Thence Northwesterly 1068.14
feet, along a 680.00 foot radius curve, concave Southwesterly,
whose 961.67 foot chord bears N44006118"W; Thence 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
506037'04"W, 480.92 feet along the westerly line of lot 11 of said
Subdivision; S67040'29"W, 200.00 feet along the northwesterly line
of lot 10 of said Subdivision; Thence 1154`00'06" W, 662.14 feet;
Thence N29013'15"E, 60.57 feet; Thence N07030"001, 297.07 feet;
Thence N22030'00"E, 55.00 feet; Thence 1167030100"W, 336.00 feet;
Thence 533030'00"W, 173.50 feet; Thence S49045'00"W, 230.00 feet;
Thence N40015'00"W, 158.00 feet; Thence N89003'10"W, 99.47 feet to
a point on the west line of the Southeast Quarter of said Section
13, Thence N00056'50"E, 1073.84 feet to the Northwest corner of
the Southeast Quarter of said Section 13; Thence N89040'15"E,
w 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".
2
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 the timing or sequence of development, that development should
occur only at such time as it is possible to -
1. Maintain compact and contiguous growth; and
2. Maximize efficiency of municipal services.
D. The timing of improvements included in the City's Capital Improvements
Program (CIP), including water and sewer line extensions, street improve-
ments and other development related facilities, is based, in large part, on
the Comprehensive Plan.
E. The Comprehensive Plan specifically provides as follows:
out of Sequence Development
From time to time, certain factors may encourage private develop-
ers to develop tracts of land out of phase with the development
sequence determined to be appropriate for the City. Those devel-
opments will require the extension of municipal services in a
manner that is inefficient and not anticipated in the City's
capital improvements program. In order to approximate the effi-
ciency of development upon which the City's growth management
policy is based, out of sequence development would be required to
expend all of the costs associated with that development, includ-
ing costs typically subsidized by the City. Costs customarily paid
by the City may be recouped at such time as sufficient intervening
development occurs to resemble the cost/benefit balance on which
sequent development is based.
F. Since adoption of the Comprehensive Plan in 1978, the area in which South-
west Estates is located has been shown on the Comprehensive Plan Map as
Agricultural/Rural Residential, with residential development at urban
standards not expected to occur before the mid-1990s. In 1986, the City
Council adopted Resolution No. 86-101 restating its policy that, other than
W �
for routine maintenance, no public improvements will be made to Slothower
Road or Rohret Road west of Highway 218 before 1998.
G. In accordance 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
I district is intended to encompass areas of rural residential character
where City utilities are not planned within the foreseeable future. The
I
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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 -1 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. Developer has previously platted or subdivided a portion of the RR 1 zoned
land in Southwest Estates. Developer is now seeking to have the 84.73 acre
portion of the property which is zoned RR -1 and ID -RS rezoned to RS -5 to
allow development because it would be more cost effective to Developer to
extend City utilities to the entire development, rather than just a small
part.
Under the City's Subdivision regulations, developers are required to in
stall and pay for water and sewer lines, and for paving streets up to 28
feet wide, within the subdivision. Because streets must sometimes be con-
structed wider than 28 feet in order to handle anticipated through traffic,
and water and sewer lines must be installed which are larger than needed to
serve a particular development, and it is more econanical to install over-
size facilities at the time of original installation, developers sometimes
are required to install larger than normal water or sewer lines, or streets
wider than 28 feet. In such case, the City's currentPolicy
ithrough to eim-
burse developers for the extra cost from funds provided CIP
budget.
K. Because there is approximately one-half mile distance between the easterly
t developed property to the
boundary of Southwest Estates and the neares
east (Hunter's Run Subdivision), development of Southwest Estates is not
compact and contiguous. In conjunction with development of Southwest Es-
tates, Part 21 the Developer extended the water main to Southwest Estates
from Hunter's Run, across the intervening property, at its sole expense.
L. Southwest Estates is served by part of the City's Southwest Interceptor
Sewer system, 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
4
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
developable according to the Short -Range Plan of Development of the Compre-
hensive Plan.
N. While installation of sewers is normally a developer's responsibility, the
cost of increasing the size of, or upgrading, sewer lines is normally
financed by the City through bonds which are retired by sewer use fees
which are uniform for all users of the City's sewer system. The capacity
constraint in the Southwest Interceptor Sewer could be eliminated at a cost
currently estimated at $64,000, but the City had not expected to incur that
cost until most of the land east of Highway 218 had been developed in the
sequence contemplated in the Comprehensive Plan.
0. After due deliberation, the Iowa City Planning and Zoning Commission has
recommended approval of Developer's rezoning request -
"subject to the condition that all costs associated with that
development, including costs typically subsidized by the City,
will be paid by the developer; costs customarily paid by the City
may be recouped at such time as either (a) intervening development
between Hunters Run Subdivision and Southwest Estates is substan-
tially complete, but not before 1998, or (b) the growth management
policy for the southwest area is amended such that development of
Southwest Estates is regarded as being in sequence with that
development policy."
P. Although out -of -sequence costs may be substantial, and reimbursement for
those costs may not occur for several years, Developer is willing to ad-
vance such amounts in order to obtain rezoning which will allow immediate
w development of the balance of Southwest Estates.
Q. While rezoning of Southwest Estates is consistent with the City's long-
range development plans, the City has agreed to the requested 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.
... ....-I.�--af
5
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
(a) that the City may require Developer to install public improvements with
sufficient capacity to serve other developments in the area, including
without limitation, paving in excess of 28 feet in width, water mains
exceeding six (6) inches in diameter, and sanitary sewer lines exceeding
eight (8) inches in diameter; and (b) that it may be required to extend
public facilities, including sewers and water lines, through or across
property belonging to third parties in order to serve developer's prop-
erty.
3. The parties agree that, to the extent improvements are required which
exceed City requirements in effect at the time of subdivision plat
approval, Developer shall be entitled to reimbursement from the City for
the extra costs incurred, determined as follows:
Overwidth paving - The City's share shall be the actual cost per
linear foot of the overwidth paving, and shall be considered a strip
in the center of the pavement.
Oversized water mains or sewer lines - The City's share shall be the
difference in cost between the pipe, main or conduit plus valves and
valve boxes required by the City and pipe, main or conduit plus valves
and valve boxes needed to service the subdivision itself.
The actual 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
City Manager or his/her designee.
4. Reimbursement to Developer of the costs determined pursuant to paragraph 3,
shall not be made until (a) development has been substantially completed of
the area north of Rohret Road, west of Deerfield Drive in Hunter's Run
Subdivision, east of the east line of the Southeast Quarter of Sec. 13,
Township 79 North, Range 7 West of the 5th Principal Meridian, and south of
a line described as follows: Commencing at the southwest corner of the
northwest quarter of Section 18, T79N, Range 7 West of the 5th P.M., thence
BSL-
V
M
North 01020' East 616.4 feet to the point of beginning, thence South 89004'
East 1535.8 feet, such line being the north line of property conveyed to
James R. Kennedy by deed dated March 1, 1968, and recorded in Book 628,
page 431, in the Johnson County Recorder's office, but not before 1998, or
(b) the Comprehensive Plan is revised to show earlier development of the
area which includes Southwest Estates. For purposes of this Agreement,
development shall be substantially complete when all of the land in the
above -defined area has been platted and building 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 development is substantially complete, reimbursement shall be
on a dollar for dollar basis, with no interest or carrying costs. Any
amount unpaid at the end of the twenty-four (24) month period shall there-
after bear interest until paid at a rate equal to the rate the City is
paying on the last general obligation bonds it issued prior to the inter-
est commencement date.
6. The parties agree that where, as part of its out -of -sequence development,
Developer is or has been required to extend public facilities to Southwest
Estates through or across property belonging to third parties, and if the
cost of such extension would normally be the responsibility of the devel-
oper of that other property, the City shall establish a fee structure and
mechanism establishing the connection or tap -in fees which other persons
shall be required to pay in order to connect to such facilities. The
cost-sharing shall be on a pro -rata basis, and other persons who connect to
such facilities shall be paying to reimburse Developer for the cost of the
off -premises facilities. Within a reasonable time after collection, the
City shall pay to Developer the tap -in fees it collects.
7. Because out -of -sequence development may require upgrading portions of the
Southwest Interceptor Sewer system earlier than contemplated in the Compre-
hensive Plan, the City shall (upon receipt of the first payment hereunder)
establish a separate account to hold payments (the Sewer Upgrade Fees")
which Developer will make to assist in paying the estimated cost of such
upgrade. Developer's payments shall be made at the time of, and as a condi-
tion to, issuance of building permits for lots in Southwest Estates. The
Sewer Upgrade Fee shall be determined as follows:
7
Step 1:
Estimated cost to upgrade Southwest Interceptor Sewer = Cost per acre
75 acres
Step 2:
Cost per acre x number of acresinappa�sved Tats = Cost per lot
Num er o o s in app
in southwest Estates
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.
8. 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 the portion of the Southwest
Interceptor Sewer system serving Southwest Estates.
9. When it is determined that the portion of the Southwest Interceptor Sewer
which serves Southwest Estates should be upgraded, and the project is
included in the City's current capital improvements program, (a) if the
Comprehensive Plan has not been revised to show the area in which Southwest
Estates is located in the Short -Range Plan of Development, the City may use
the Sewer Upgrade Fees it has collected to pay all or part of the cost of
upgrading the Southwest Interceptor Sewer system to increase its capacity
to allow service to the entire undeveloped area (approximately 438 acres)
which that portion of the sewer is expected to serve; or (b) if the Compre-
hensive Plan has been revised to show Southwest Estates in the Short -Range
Plan of Development, the cost of the upgrade shall be borne by the City,
and Sewer Upgrade Fees collected shall be refunded to the owner or owners
of the lots for which such fees were paid.
If Sewer Upgrade Fees are used to finance all or part of the cost of
upgrading the Southwest Interceptor Sewer, an amount equal to the fee
collected shall be refunded to the owner or owners of each lot for which
w such fees were paid to the City. The refunds shall be made within
twenty-four (24) months after the date on which the Comprehensive Plan is
revised to show the area in which Southwest Estates is located in the
Short -Range Plan of Development. If refunds are not made within that
a period, interest shall accrue and be payable as provided in paragraph 5.
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10. Developer acknowledges and agrees that it shall bear all risks with respect
to both the timing and amount of reimbursement for costs it must incur to
develop out -of -sequence with the City's Comprehensive Plan.
11, Developer agrees that the conditions being attached to its rezoning request
are reasonable and are being imposed to satisfy public needs directly
caused by the requested change.
12. Developer acknowledges that the City may amend or change its regulations or
ordinances to require wider streets, or larger diameter water mains or
sewer pipes or lines in new developments, and that such new requirements
may be applied to subdivision approvals in Southwest Estates made after the
effective date of such amendment or change.
13. It is understood and agreed by and between the parties that nothing herein
contained, nor shall the entering into of this Agreement be deemed to
constitute in any way a waiver of any of the ordinances, rules, regulations
or specifications of the City, and the Developer hereby agrees to comply
with all ordinances, rules, regulations and specifications of the City, and
all of the laws of the State of Iowa.
14. This Agreement shall be a covenant running with the land and shall be
binding upon the successors and assigns of the parties hereto.
15. This Agreement shall be null and void if the City does not rezone Southwest
Estates to RS -5 on or before April 1, 1988.
IN WITNESS WHEREOF, the parties have caused this Conditional Zoning Agreement
to be executed as of the date first above written.
CITY OF IOWA CITY SEVILLE CORPORATION
By: �y-
8?ohn
cDonaldMayor Frank J. Ei a President
,
ATTEST:
D
�� �
Marian K. Kar City Clerk y Frank J. Ei he Secretary
SATE OF IOWA )
) Ss
JOHNSON COUNTY )
A
da of c��! 1988, before me the undersigned, a
On this gC5 y eared Frank J.
Notary Public in and or the Stat2 of Iowa, personally app
Eicher, to me personally known, who, being by me duly sworn, did say that he is
the President and Secretary, respectively, of said corporation executing the
within and foregoing instrument, that the seal affixed thereto is the seal of
said corporation; that said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors; and that said Frank J.
Licher as such officer acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by him voluntarily exe-
cuted.
��
tary-Public in an foe State of Iowa
STAIr: OF IOWA )
) SS:
JOHNSON COUNTY )
on this 23rd day of Pebruary 1988, before me, the undersigned, a
Notary Public in and for said State, personally appeared John McDonald and
Marian K. Karr, to me personally known, who, being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corpo-
ration executing the within and foregoing instrument; that the seal affixed
hereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of the
City Council of said municipal corporation, and that, the said John McDonald and
Marian K. Karr acknowledged the execution of said instrument to be the volun-
tary act and deed of said municipal corporation, by it and by them voluntarily
executed.
`� _moo
ry Publ a in and for the State of Iowa
02/43-01-161
ORDINANCE N'0. SB-33ci8
AN ORDINANCE TO *END a LEGAL DESCRIPTION OF CITY
RRA.
WHEREAS, the uses of City Plaza are regulated to
promote the public interest by Chapter 9.1 of the
City Code, which also contains the legal description
of the boundaries of City Plaza, and
lr1EREAS, Hawkeye-Bay States Limited Partnership
offeral to purchase approximately 210 square feet of
City Plaza along the westerly wall of the Paul -Helen
Building in conjunction with the renovation of the
building facadea d the redevelopment of Urban
Renewal Parcel 65-Zb, and
WHEREAS, the City Council by Resolution No. 86-228,
On July 15, 1986, authorized conveyance of this
strip of land, ab
M7ERFAS, Chapter 9.1 of the City Code should now
be amended to reflect the revised boundary of City
Plaza.
NOW, TIEREFORE, BE IT ORDAIN1ED BY THE CITY COUNCIL
IOWA CITY THAT:
SECTION 1. Nul ENI,
non o e Code of Ordinances shall be
Mended by deleting the definition of City Plaza
in its entirety and inserting in lieu thereof
the following:
Section 9.1-2 Definitions.
City Plaza: That part of City
property extending from the northern right -
of -Way line to the southern right-of-way
line Of College Street from the eastern
right-of-way line of Clinton Street to the
western right-of-wey line of Linn Street;
and extending from the western right-of-way
line to the eastern right-of-wey line of
Dubuque Street from the southern right -of -
my line of Washington Street to the south-
ern right-of-vay line of College Street.
Also, beginning at the nortlxest comer of
Lot 4, Block 65, of the Original Town of
Iowa City, Iowa, according to the recorded
plat thereof, thence N 90 U" E, an
assumed bearing, along the southerly right-
of-way line of Washington Street, 60.28
feet; thence 500003'02"W, 110.36 feet;
thence S89043'36"W, 59.93 feet to a point on
the easterly right-of-vay line of Dubuque
Street, thence 0007139"W, along said
easterly right -of -my lire, 110.65 feet to
the point of beginning. Except for the
following: Commencing at the north..est
corns• of Lot 4, Block 65, the Original Town
of Iowa City, Iowa, according to the re-
a9s
Ordinance No. 88-3368
Page 2
corded plat thereof; thence N90000'00"E, an
assured bearing, along the southerly
right-of-way line of Washington Street,
60.28 feet to the point of beginning; thence
S00003'02"W, 110.36 feet; thence
$89143'36"W, 1.50 feet; thence N00003'02"E,
36.36 feet; thence S89043'36"W, 2.50 feet;
thence N00003'02"E, 18.0 feet, thence
N89043'36"E, 2.90 feet; thence NV00003'02"E,
56.0 feet, to the southerly right-of-wey
line of Washington Street; thence
N90000'00"E, an assured bearing, along said
southerly right-of-way line of Washington
Street, 1.50 feet to the point of beginning.
SECTION II. REPEALER. All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provi-
sion or par o e nance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
4ole or any section, provision or part thereof not
judged invalid or unconstitutional.
SECTION IV. EFFECTIVE GATE. This Ordinance shall
in a ec a er i sfinal passage, approval and
publication as required by law.
Passed and approved this 23rd day of
February 1988.
X .... a
MAYOR
ATTEST: 21pn.4.,.,,> 7(/ 2en J
CITY CLERK
P
a 9S
It was moved by Ambrisco and seconded byDickson that
the Ordinance as reale a opte_, and upon roll ca t ere were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
x_ Larson
X McDonald
X Strait
First Consideration 2/9/88
Vote for passage: Ayes: Ambrisco, Courtney, Dickson, Larson,
McDonald. Nays: None. Absent: Horowitz, Strait.
Second Consideration -------
Vote for passage:
Date published 3/2/88
Approved as to Form
Leg&1 Departmen
V
Dloved by Ambrisco, seconded by Horowitz,
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: Courtney, Dickson, Horowitz,
Larson, McDonald, Strait, Ambrisco.
Nays: None. Absent: None.
d 9s