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HomeMy WebLinkAbout1988-05-03 Ordinance0 1 ORDINANCE NO. 88-3376 ORDINANCE ESTABLISHING PROCEDl1RE FOR COLLECTION OF FEES TO FEPAY DEVELOPERS FOR COSTS INClktliED IN INSTALLING OFF-SITE RIBLIC IPPROVO MS NEEDED TO SUPPORT OUT-OF-SEQIENCE DEVELORENif. WFERFAS, it is City policy that developers install and pay for public improvements, such as streets and water and saver lines, extending through their properties; and WEREAS, from time to time persons wish to develop their property out -of -sequence with normal developrent shorn in the City's Comprehensive Plan; that is, before public inmprovenents have been ex- tended to the boundaries of their properties; and MEWAS, it is City policy that persons wishing to develop property out -of -sequence mist pay the cost of extending public improvements to their prop- erty from existing public inproverents, although that cost would normally belong to the person or persons across or along whose property those im- provements are extended; and WFEREAS, the City wishes to provide a mechanism whereby persons developing out -of -sequence with the timing of development shown on the City's Cmprehen- sive Plan have the opportunity to recoup the off- site costs incurred, but only as the other proper- ties are developed; and MEW -AS, such costs may be recovered through connection fees charged to new users. NON, 1FEREFORE, BE IT ORDAINED BY TIE CITY COLM1CIL OF IONA CITY, IONA, that: SECTION I. AhEN NNT. Chapter 32 of the Code of Odinancessoo ire City f Ias City, Ias is hereby ammeded as follows: A. Section 32-2 is amended by adding the following new definitions: Off-site costs. The reasonable costs in- curr yc�a evToper in constructing or other- wise extending public improve ants from existing public improvements through or along property belonging to third parties to the boundaries of property under development, and vhich improve- ments are capable of serving the third party Property Out -of -se mote develo ont. Subdivision or large scale development of land before it is included in the short-range development sequence in the City's Comprehensive Plan, as revised fran time to time. Public improvements shall mean the principal stry ureses waf�onent parts and accesso- ries of any of the following: (i) Sanitary and storm sewers; (ii) Drainage conduits, channels and levies; 0 G 0/ a Ordinance No. 88-3376 Page 2 (iii) Streets and sidewelks; (iv) Water mains and extensions. B. The following new section 32-62 is hereby adopted: Sec. 32-62. off-site costs for out-of-se- ce Bevel t. a e ime the preliminary subdivision plat or preliminary large scale development plan for an out -of -sequence development is approve], the resolution of approval shall specify that the development is out -of - sequence, and that off-site costs are recoverable by the developer. (b) off-site inl)rovements shall be designed and i constructed according to plans and specifi- cations approved by the City Engineer, and shall be of sufficient size and capacity to serve the full area which is capable of being serve) by the type of immanent so that the City will not be required to construct parallel or duplicate facili- ties. i (c) Recoverable off-site costs shall include the cost of engineering, preliminary re- ports, property valuations, estimates, pians, specifications, notices, legal services, acquisition of land, consequen- tial damages or costs, easements, rights- of-way, construction, repair, supervision, inspection, testing, and interest during construction and for not more than six months thereafter. (d) The emount of off-site costs to be recov- ered shall be determined as follows: As part of the application for final subdivi- sion plat or large scale development plan approval, the developer shall submit a proposed estimate of off-site costs for approval by the City Engineer, together with a non-refundable review fee equal to three percent (3%) of the proposed esti- mate. The City Engineer shall approve the proposed estimate only if the Engineer finds that, at the time of approval, the estimate is consistent with the cost cb- tainable within Iawa City for improvements of the type proposed. Off-site costs shall be recoverable only to the extent of actual costs or estimated costs, whichever is lesser. (e) At is accepted by the City for publicmatime an off-site public inte- nance, based upon information furnished by the developer, the City Engineer shall Ordinance No. 88-3376 Page 3 certify to the City Council the arwit of recoverable off-site costs, and the total land area and/or lineal footage outside of the developer's site which is expected to be served by the off-site inprovenent. (f) Thereafter, the City Council shall, by ordinance, adopt a schedule of fees to be paid for connection to the off-site im- provenents. 1. The fee for each off-site irproverent shall be pro -rata, based upon recover- able off-site costs, less the amount thereof relating to overwidth paving or oversized water mains or sewer lines, divided by the nurbe• of acres and/or lineal footage which will be served by the public improverent. 2. The ordinance shall also provide for reirrburserent to Developer from the City for the extra costs incurred for the folloding: ovenwidthvi - The City's share SOT ac ual cost per linear foot of paving wider than required by the City for local streets, and shall be considered a strip in the center of the paverert, Oversized water mins or sewer lines -TheCiyssaresa I I De ffFe i er- ence in cost between the pipe, main or conduit plus valves and valve boxes required by the City and pipe, rain or conduit plus valves and valve boxes needed to service only the subdivision or planned developnent. Reinbursenent of the costs of ever - width paving, or oversized water mains or sewer lines shall be made upon the earliest to occur of the following: (a) the City's CaprehensivePlan is am hied to show the developer's site is included in the areas available for developrent in the short range, or (b) development of the area or areas be - Neer the developer's site and the platted streets nearest to such site has been substantially corpleted. For purposes hereof, developrient has been substantially corpleted when all of the land in the area has been plat- ted and building pennits have been issued for construction on at least 90% of the lots in such area. ordinance No. 88-3376 page 4 3. Wen the conditions for have been met, the City will reimburse Developer for the costs described in paragraph 2• If such reinbursmont occurs within twonty-four sive Planths after has be' either at the intervConpreening development has been or intervening completed, reintursenant substantially shall be on adollar-for-dollar ng �s�; with To interestaid Or at the end of the Any amount on2a period shall twenty-four (24)• month � • id at thereafter bear interest until pa a rate equal to the rate the City is paying on the last general obligation bonds it issued prior to the interest commencement date. 4. The ordinance shall also contain a legal description toff -site the inproventire �t'a� served byyth the City Clerk shall file a copy of the ordinance in the office of the Johnson County Recorder. ovenents have a 5• cause public ink a developer's limits useful l�t� and the effec- tiveness ss of each ific connection tidiness of each sP i twenty (z0) ordinance shall oepire years from the date of its Passage. (g) At such time as any part of the off-site area served by an off-site ieproverent is subdivided by Platting, or becomessub3ect t plan, to a large scale developoen the resolution approving the preliminary plat or plan shall set forth the aroull of the connection fee or fees which shall be paid with respect to the subdivision or large scale deaeloMt• (h) CO^tior to thehtime, and all be las aeconditioon city pr to approval of each final subdivision or large scale development standing the in subsection (g) • unit di sought foregoing, if a building Pe for any PropertY included within the befoarrea served by an off-site impr ale nt a fore a subdivision plat or large plan is required for such area, the issuance priate fee shall be paid prior to suance Of the building Permit. the developer (i) The City shall remit to monthly the Mount of connection fees collected during the Prior month* ordinance No, 88-3376 Page 5 (j) The reidMerre nt permitted in ward all other Ordi- nance is in lieu of any clams for rei"rsene, by developer. The developer, by making application for subdi- vision plat or large scale developnenClelan approval, waives all rights or against tm the City for r tnbursenEnt of off-site costs, or any tions incident to the develofm t.. (k) Off-site costs are not anobligation citizens of the City nor a charge against Or its taxing p>.,er. The City shall have no obligation with respect to such costs except to rent to developer the fees it collects. All ordinances and parts SECTION II. �pEAIER: provisions of of finances in can m with the this ordinance are hereby bled. If any section, SECTION III. SEVERAB provision a• part this Ordinance shall be ad iu- judged to be invalid affect sthevalidityucofadthe Ordinance shall not section, provision or ordinance as awload eany invalid or unconstitu- part thereof not adjudged tional. SECTION IV. a er l s EFFECTIVE DATE: This Ordinance rovshall wll be in a ec inlapassage, sger PP nd publication as required by 3rd da of May, and approved this Y 1 8. lye Approved as to Form I a spar en I G �/ It was moved by Courtney and seconded b the Ordinance as rea e on p a op e , and u roll �a Horowitz that ere were: AYES: NAYS: ABSENT: X Ambrisco X Courtney XDickson X Horowitz X Larson X McDonald X Strait First Consideration ------- Vote for passage: Second Consideration 4/19/88 Vote for passage: yes: iccson, arson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: Horowitz. Date published 5/11/88 Moved by Ambrisco, seconded by Strait, 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: Courtney, Dickson, Larson, D1cDonald, Strait, Ambrisco. Nays: None. Absent: Horowitz. OIDIWCE N3. 88-3377 AN ORDINAICE MENDING THE ZONING CIOIME BY C MGING THE USE REOILATIONS OF CERTAIN PROPE M LOCATED IN THE SCIM-h T VaM OF THE INTERSEC. TION OF Wo1.DEN ROAD PM M1d47i TREK BOIA.EVAFD WiEREAS, an area of appreximtely 4.75 acres south of Walden Road and Nest of Momw Trek Boulevard is presently zoned RS-8, mediun wsity single -family residential; and MEAS, the Comprehensive Plan has been mended to designate this area for residential developerent at a density of 8-I6 dwelling units/acre; and *1ERFAS, the existing development directly north Of Walden Road is tawilwuses at a density of 12 dwelling units/acre, and the existing cWepmrt to the south is duplex condamniuns at a density of 8 dwelling units/acre; and *ERFAS, a request has been received to rezone the 4.75 acres from RS-8 to RI-12, la+-density multi-fancily residential, which would permit the construction of mwlti-family and roondng house units; and WHEREAS, the rezoning of this property to R4.12 would permit developrent which was compatible with existing uses and, die to the topography of the area, would rat adversely affect the Mn derelcp- neat of properties to the south. NOW, THEREFORE, BE IT Oulu BY TEE CITY MKIL OF THE CITY OF IM CITY, IOiN: SECTION I. ZONING A4900T. The property described below is hereby reclassified frau its present classification of RS-8 to RM-12: A tract of lad in the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the 5th Phincipal "jar described as: Conmencing at the northeast carer Of the northwest quarter of the sauthetit garter of Section 17, Township 79 Nath, Rage 6 West of the 5th Principal Veridian; thence south 00'38'44" east - 302.00 feet along the east line of said quarter quarter and the centerline of Monson Trek Boulevard to the southeast corner of Walden Ridge, Part 1, according to the plat recorded in Mat Book 23, page lo, Jahnsonn Colo Recorder's Office, said point also being the Point of Beginning of the parcel herein described; thence south 89.21116" west - 78.43 feet along the south line of said Walder Ridge, Part 1; thence westerly 83.70 feet along said south line of Walden Ridge, Part 1, along a 304.49 foot radius verve concave northerly to a point that lies earth 82'46'14" Nest - 83.44 feet Of the last described point; thence north 74'53'44" west - 145.31 feet along said south line of Walden Ridge, Part 1; thence southwesterly 129.89 feet along said south line of Walden Ridge, Part I along a 79.17 fact radius G-�47- Ordinance No. 88-3377 Page 2 curve concave southeasterly to a point that lies south 58'06'16" Hest - 115.80 feet of the last described point; thence south 11'06'16" west - 51.00 feet along said south lire of Walde Ridge, Part 1; thence north 82'08144" west - 50.08 feet along said south line of Walden Ridge, Part 1; thence south 11006'16" west - 233.10 feet; there southwesterly 94.83 feet along a 154.05 foot radius curve concave northwesterly to a point that lies south 28.44122" west - 93.34 feet of the last described point; thence south 43.37133" east - 103.19 feet; thence north 89'21'16" east - 186.00 feet; the oe north 44'21116" east - 77.85 feet; thence north 89.21'16" east - 241.72 feet to a point on the east line of said quarter I quarter and centerline of tbna Trek Boulevard, said point lying north 00.38144" west - 293.73 feet north of the northeast corner of Walden Wood, Part 1, according to the plat recorded in Book 22, Page 60, Johnson County Recorder's Office; thence north 00.38144" west - 381.72 feet to the Point of Beginning. Said tract contains 4.75 acres, including .75 acres of street right- SECfI0�I1. ZONING IMP. Tho Building Inspector is herby authorized and directed to change the Zoning Map of�CiCity of Ias City, Iowa, to conform to s upon final passage, approval and publication of this ordinance as provided by law. SECfIOV Iil. REPEd FR: All ordiwoes and pats of ordirhanrces in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, pnovi- sion 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 wiole or any section, provision or part thereof rot adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as re4dred by law. Passed and approved this 3rd day of Miy, Approved as to Form �� 9•rJ-88 Leg&f Departnunt G �zz It was moved by Dickson and seconded by Strait that the Ordinance as rea e a op e , and upon roll ca ere were: AYES: NAYS: ABSENT: X Ambrisco g Courtney X Dickson X Horowitz x_ Larson X McDonald X Strait First Consideration ------ Vote for passage: Second Consideration 4/19/88 Vote for passage: Ayes: Larson, McDonald, Strait, Ambrisco, Courtney, Dickson. Nays: None. Absent: Horowitz. Date published 5/11/88 Moved by Ambrisco, seconded by Strait, 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: Dickson, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: Horowitz. 4 CR)DIMJCE W. 88-3378 M allIWIU APPOING THE PRELIMIM MD FIA PLAMfD OEYE.MW RSIIG WEFIAY FCR TIE IM CITY RETIRDENT PESIOfI::E CN LCT 1, WAM WOOD, PART 2 WIMUS, the City of lava City has received a proposal to develop 112 units as a retirenant residerce for the elderly; and WIERFAS, the Caiprehensive Plan has been mended and the area of the project has been zoned 84.12; and W -FIDS, the density of the proposed developnant does not exceed that of the underlying 144.12 zone. KW, liflZEFORE, BE IT CA)UN D BY TIE Cm COLNCIL OF TIE CITY OF IOWA MY, IOWA: SECTION I. PI/W APPROVAL. The preliminary and final planned developrent housing overlay plan for the Ime City Retirmot Residence on Lot 1, Walden Wood, Part 2, is hereby approved and legally described as follows: A tract of lard in the northwest quarter of the NouNhs�rter off Seco of V75th=pipal Meridian described as: Camencing at the northeast corner of the n orthoest gater of the southest quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Meridian; thence south 00.38144" east - 302.00 feet along the east line of said q ate• pater and the centerline of Mormon Trek Boulevard to the southeast corner of Walden Ridge, Part 1, according to the plat recorded in Plat Book 23, Page 10, Janson County Recorder's Office, said point also being the Point of Beginning of the parcelherein described; thence south 89'21'16" vest - 78.43 feet along the with line of said Walder Ridge, Part 1; thence westerly 81.70 feet along said south lire of Walden Ridge, Part 1, along a 304.49 foot radius am concave northerly to a point that lies north 82'46'14" west - 83.44 feet of the last described point; thence north 74'53'44" west - 145.31 feet along said south line of Walden Ridge, Part 1; therce southresterTy 129.89 feet along said south line of Walden Ridge, Part 1 along a 79.17 foot radius curve concave southeasterly to a point that lies south 58'06116" west - 115.80 feet of the last described point; thence south 11'06116" west - 51.00 feet along said south line of Walden Ridge, Part 1; these north 82'08144" west - 50.08 feet along said south line of Waldenn Ridge, Part 1; thence south 11006'16" west - 233.10 feet; thence southwesterly 94.83 feet along a 154.05 foot radius curve concave norttvesterly to a point that lies south 6 X13 Ordinance No. 88-3378 Page 2 28.44'22" vest - 93.34 feet of the last described point; thence south 43'37133" east - 103.19 feet; thence north 89'21'16" east - 186.00 feet; theme north 44'21'16" east - 77.85 feet; thenoe north 89021'16" east - 241.72 feet to a poi on the east line of said quarter quarter and centerline of tbmm� Talc Bmkymd, said point lying north 00'38'44" vest - 293.73 feet north of the northeast corner of Walden Wood, Part 1, according to the plat recorded in Book 22, Page 60, ddnson Canty Recorder's Office; thence north 00'38'44' vest - 381.72 feet to the Point of Begiming. Said tract contains 4.75 acres, including .75 acres of street right-of-way. SECTION II, VARIATIONS. Variation fmn the underlying 84.12 zone is as foliws: The use approved for the site is elderly hawing. SECTIQi III. AEPFALitR: All odhFus and pats of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTTCN IV, SEVERABILITY: If any section, provi- j Sion or part of the Odinace shall be adjudged to be invalid or unconstitutional, such adjudication I' shall not affect the validity of the Ordinance as a viale or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DOTE: This Ordinance Shall be in effect after its final passage, approval and publication as required by law. passed and approved this 3rd day of May, 8. ATTEST:) CI1Y LLEK Approved as to Fora 'V -/y -If 5g5l Deparmn It was moved by Dickson and seconded by Strait that the Ordinance as read be adopted, and upon roll call there were: AYES: MAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration ------ Vote for passage: Second Consideration 4/19/88 Vote for passage: Ayes: Strait, Ambrisco, Courtney, Dickson, Larson, WDonald. Nays: None. Absent: Horowitz. Date published 5/11/88 Dbved by Courtney, seconded by Strait, 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: WDonald, Strait, Ambrisco, Courtney, Dickson, Larson. Nays: None. Absent: Horowitz. I ORDINANCE NO. 88-3379 AN ORDINANCE NMING TIE ZONING ORDINANCE BY MANG- ING 111E a TEGULATIONS OF CERTAIN PROPERTY LOCATED NORTH OF RMU ROAD AND WEST OF HIGHWAY 218. 6dERFAS, the property is located in an area zoned PDH -5, Planned Development Housing Overlay Zone; and WERFAS, the Comprehensive Plan for the City of Iowa City shows agricultural/rural residential land uses for this area with the exception of Hunter's Rain Subdivision which previously received prelimi- nary approval; and WIERFAS, the existing development rear the property is for lad -density single family residen- tial uses for which this request would be colpat- ible; and WERFAS, lav density residential uses are the most appropriate use for this area; and WfIETEAS, the proposed rezoning will result in a decrease in the density of development for Hinter's Rain Subdivision consistent with surrounding uses. NOW, TMEFOFE, BE IT ORDAINED BY 11E CITY COCN- CIL OF THE CITY OF IDA CITY, IOWA, TMT: SECTION I. A+E1MNT. The property described below is hereby reclassified from its present clas- sification of PDH -5 to DS -5: Hunter's Rin Subdivision, Parts 2 and 3; and including a tract described as follows: Camencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the Fifth Principal 8kridian; Thence NOOo46'46"E, 1,150.38 feet to a point on the Center line of Rihret Road and the Point of Beginning; Thence S74918'0O"W, 574.49 feet along said center line; Thence M10261O0"E, 210.84 feet; Thence 888°34'00"W, 199.80 feet; thence 501°26'00"W, 272.43 feet to a point on the center line of Rohret Road; Thence S74018100"W, 484.73 feet along said center line; Thence S76o08'0O"W, 400.00 feet along said center line; Theme M2002'45"E, 1,961.15 feet; Thence S89033 32"E, 223.35 feet; Thence 1&57'59"E, 227.09 feet- Thence 587°47'59"E, 144.34 feet; Thence 564b23120"E, 224.40 feet- Thence %P53'401, 139.19 feet; Thence 544b29'22"E, 72.45 feet- Thence S80oO8'O0"E, 142.87 feet; Thence 89b15'39"E, 444.45 feet; Thence 589002139"E, 176.09 feet to a point on the Southwesterly right-of-way line of U.S. Highway 218; Thence S4600115011E, 289.57 feet , X40 K4 along said right-of-wy line to the Forth_ easterly comer of Lot 22 of Hinter's Rin Subdivision, Port Tiw; Thence NB9o15'39"W, 287.01 feet along the Northerly line of said Part Two; Thence S00044'21 -W, 135.00 feet to a point on the Northerly Right -of -%y line of Duck Creek Drive; Thence N69o15'39"W, 298.08 feet along said rightrof-vay line; Thence I S00044 '21 -W, 201.00 feet to the lu6z st Corner of Lot 48 of Hinter's Ron Subdivision, Part Three; Thence x89°15'39"W, 10.00 feet t the Northwest Corner of Lot 49 of said Part Three; Thence S00044'21"W, 185.00 feet to a Point on the Southerly right -of -my line of Foxana Drive; Thence S89015'39"E, 20.33 feet along said right-cf-way line, Thence North- easterly. 26.52 feet along a 225.00 foot radius curve, concave Narthhesterly, "hose 26.50 foot chord bears N87o21'45"E' Thence SWoDO'S0"E, 80.84 feet along the Westerly line of said Part Three as arendedid ; Thence line; Thence S40%3'49'W 89 94-19 feet 22feetW Thtence SOOo55'12"W, 223.00 feet to a point on the Center line of Tohret Iniad, and the point of Beginning. Said tract of land contains 57.66 acres more or less. SECTION II. ZONING t44p. The Building Inspector is y au nor ze an directed to change the zoning rep of the City of Iowa City, Iowa, to con- form to this anendrent upon the final passage, approval and publication of this Ordinance as pro- vided by law. SECTION III. REPEALER: All ordinances and parts of finances n can c with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVEPABILITY: If any section, praisim --Or p o ns finance shall be ad- dicattiion shallto be valid or not affect tyof ufect sthe validiu adju- dication Ordinance as a whole or any section, provision o. Part thereof not adjudged invalid or unconstitu- tional. SECTION V. EFFECTIVE 0ATE: This Ordinance shall be m e ec o r i s ina passage, approval and Publication as required by law. Passed and approved this 3rd day of Ffay, 8. . ATTEST: 1 4. AFP ED qg F SRM LE AL DE -E N.r 44 3 It was moved by Courtne and seconded by Horowitz that the Ordinance be adopted, ana upon roll call there vere: AYES: MYS: ABSENT: X AMbrisco Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 4/19/88 Vote for passage: Ayes: Strait, Ambrisco, Courtney, Dickson, Larson, McDonald, Nays: None. Absent: Horowitz. Second Consideration Vote for passage: Date published 5/11/88 Approved as to Farm Moved by Courtney, seconded by Horowitz, that ' Legal She 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 consid- eration be waived and the ordinance be voted upon for final passage at this time. i Ayes: •Horowitz, Larson,, McDonald, Strait, Courtney, Dickson. Nays: None. Absent: Ambrisco. V 4o