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Home My WebLink About1983-07-05 Public hearingNOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDINGSECTION 8.10.50, AIRPORT OVERLAY ZONES, OF THE ZONING ORDINANCE. Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 PM on the 5th day Of July, 1983'in the Council Chambers in the Civic Center, Iowa City, Iowa, at which hearing the Council will ordinance amendingChapter ter 8. consider an Ordinance of the Municipal Code'ofhthe ocity of Iowa City, Iowa, by deleting Section 8.10.50, Airport Overlay Zones, and substituting in lieu thereof a new Section 8.10.50. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Thisnotice is given Pursuant to Chapter 414.4 of the Code of Iowa, 1983. SIA IAN KARR, CITY CLERK Hr - ,j j MICROFILMED BY `.JORM MICROLAB CEDAR RAPIDS•DES'MOINES,� /3o.S J _.1 I W City of Iowa CIC MEMORANDUM Date: June 30, 1983 To: City Council/ % From: Donald Sch eise, rector of Planning & Program Develop'mpnt Re: Airport Overlay Zones Enclosed with the agenda is the most recent draft of the airport overlay zones as reviewed by the Planning and Zoning Commission and the Airport Commission. Comments from both commissions have been incorporated in the draft and the ordinance is now ready for approval. The City Council should take particular note of the criteria established in the revised draft for limiting uses that are characterized by a high density of occupants. The provision is based upon an occupant load for uses required by the City's Uniform Building Code (see attached excerpt from the Code). Any use, which by the Uniform Building Code would require design of a building for the use at an occupancy rate of 50 square feet per person or less, would be prohibited in the clear zones. This requirement should alleviate any concerns of the FAA. The ordinance has been referred to the FAA for their review and consideration. There presumably will not be any additional changes recommended by the FAA as their concerns as earlier addressed have been incorporated in the most recent draft of the ordinance. The staff will be available at the Council meeting to present the ordinance. If you have any questions in regard to the ordinance prior to the meeting, please do not hesitate to contact me. bc4/5 G{ i MICROFILMED BY `'JORM MICROLAB CEDAR RAPIDS -DES MOINES r i 10 I D 33-A UNIFORM BUILDING CODE TABLE NO.33-A—MINIMUM EGRESS AND ACCESS REQUIREMENTS USE- MININU TffS OTHERHAN ELEVATORSARE gEOuinEDWHERE NCUPANT F OCCUPANTS IS OVER SQUARE FEET PER PANT PANT' ACCESSBY NEANSOFA gVOR ELEVATOR u BE PR ED FORTHE PHYSICALLY HANDICAPPED E AS INDICATED' 1. Aircraft Hangars 10 500 Yes ( No Repair) 00 ELEVATOR Yet 2. Auction Rooms 30 7 Yes 3. Assembly Areas, Conran. .. FELT' IY torted Use (without fixed NII AMOCY A 50 scats) 50 7 Yes" Auditoriums 50 ... Yes the Rowling Alleys ( Assembly Yess •� the areas) C skating pool Churches and Chapels arca; Dance Flows dmk Lodge Rooms Reviewing Stands IS on the. SDtdMass 4. Assembly Areas, Less-con- deck•- centraterf Use 50 15 Yrs, Conference Rooms 22. Warehouses 30 300 Dining Rmmns Drinking Establishrncnts 13. All others SO 100 Exhibit Booms ,, n,`�•, ` GymnasLtms Lounges 'Refer toSeetions AIS and 3319 for other specific requimnenu. Skating (links 'Acus to secondary arm on balconies or memoincs may be by suits only, except when such Stages w%xmdary area contain the only available toilet facilities. 5• Children s Hnmcs and 'Revledngstands, grandstands and bluchers need not comply..;,:� Homes for the AKaI .5 SO Yes' ff. Classromns 50 20 Yes 7. Dormitories Itl 50 lyes' R. Dwellings 10 300 No 9. Garage, Parking SII 200 Yes' 10. Iluspitxls and Sanitarians. Nursing I f smes 5 RO Yes 11. Hotels and Apartments III 200 Yes' 12. Kitchen—Commercial 30 201l No 13. Library Reading Room 511 SU Yes` 14. Locker (looms 30 50 Yes 15. Mechanical Equipment Room 30 300 IN 10. Nurseries for Children (Day-care) 0 .50 1 Yes 524 I; 1979 EDITION use OVA" 17. Offices 30 is. School Shops and Vocational l� Rooms 50 f} I 19. Skating Rinks I 50 20. Stores—Retail5ales Rooms 33-A MICROFILMED BY :JORM IvIICROLA6 CEDAR RAPIDS -DES MOINES l 525 ACCESS BY ' 20 NEANIDFA ROR AN I:• 00 ELEVATOR Yet IE FRPROVIDEDVIDED SQUARE FORTHE .. FELT' IY NII AMOCY A 50 ICttl► 010 "ABNIIIDATLD' p. 100 Yes' 50 ... Yes the Soon Yess •� the 1 - C skating pool arca; 15 on the dmk MICROFILMED BY :JORM IvIICROLA6 CEDAR RAPIDS -DES MOINES l 525 Bess ' 20 1 yes'.! Ground Floor- 00 Yet Upper Floors 10 50 yes 21. Enno..a 50 50 for Yes, srt..tnl the - .6 1 - Pool• pool area; IS on the. deck•- li .r., 22. Warehouses 30 300 No ' 13. All others SO 100 ,, n,`�•, ` 'Refer toSeetions AIS and 3319 for other specific requimnenu. 'Dastorrshall not be construed as providing a required nit. 'Acus to secondary arm on balconies or memoincs may be by suits only, except when such •.- -' w%xmdary area contain the only available toilet facilities. 'Revledngstands, grandstands and bluchers need not comply..;,:� 'Ames$ to moors other than that closet to grade may be by stairs only, except when the only availabletoilet fatiliuiaareonother Inds. 'Mto Oxon other than that closest to grade and to Pryor used In wnnecrion with apart- I XXL`(? . - mint house maybe bYstairs only. MJ'See Session 3302 for bascment"it requirements. 'Sts Ser lon 1313 for aeeess to buildints W facilkI" in hotel,and •rpartmems. ihivablcahall not be ssediodesamineworking apacerequirementspa Pe n. MICROFILMED BY :JORM IvIICROLA6 CEDAR RAPIDS -DES MOINES l 525 I I P a BARKER, CRUISE & KENNEDY LAWYERS CHARLES A BARKER 311 IOWA AVENUE • P.O. BOX 2000 JOHN D. CRUISE IOWA CITY, IOWA MICHAEL W. KENNEDY 52244 JAMES D. HOUGHTON DAVIS L FOSTER July 5, 1983 1 AREA CODE 318 TELEPHONE 3518181 City Council p City of Iowa City JUL 51983 Civic Center 410 East Washington MARIAN K. KARR Iowa City, IA 52240 CITY CLERK (3) Re: Airport Overlay Zones Councilpersons: I am writing this letter on behalf of West Side Company, Earl Yoder, et al, in connection with the proposed Airport Overlay Zones. West Side Company is opposed to the proposed ordinance and the public hearing set for July 5, 1983, for the following reasons: 1. The proposed ordinance relating to the Approach Overlay Zone provides in part: No structure shall penetrate the approach sur- face in the OA Zone, as depicted on the Airport Height Zoning Map. However, there is not a current Airport Height Zoning Map which shows a slope of 34 to 1 for Runway 6. Without the map, West Side Company and others are unable to determine how the proposed ordinance af- fects their property. There cannot be meaningful public hearing unless and until such a map is in existence. MICROFILMED BY IJORM MICROLAB CEDRR RAPIDS•DES-M01NE5 j IIIIIIII JJ 1. . n City Council July 5, 1983 Page -2- 2, Preliminary engineering drawings indicate that portions of the West Side Company property cannot be built on due to the height restrictions of the Approach Overlay Zone. In some instances it appears that the existing topography extends into the ap- proach surface. In other areas, West Side Company may not even have sufficient clearance to build single story buildings. Such restrictions would amount to a taking of West Side Company property without just compensation. It is West Side Company's position that the public hearing scheduled for July 5, 1983, lacks the necessary notice and that any action on the ordinance until the above points are resolved is illegal and voidable. Furthermore, the height restrictions imposed may amount to a taking of West Side Company and the property of others without just compensation. DLF/bp cc: Don Schmeiser Very truly yours, Davis L. Foster (( MICROFILMED BY IJORM MICROLAB CEDAR WlbI •DES�.MOINES ( J W U d E M J U L 51983 CIRIAN K. KAR TY CLERK 3R /3oS' i.. i I 0 ill {. .MICROFILMED BY - !JORM MICROLAB CEDAR RAPIDS -DES MOINES r J NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING TO CONSIDER THE PROPOSED VACATION OF ALLEY RIGHT OF WAY RUNNING SOUTH FROM HIGHWAY 6 BETWEEN VALLEY AVENUE AND LINCOLN AVENUE. Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 PM on the 5th day Of July, 1983, in the Council Chambers in the Civic Center, Iowa City, Iowa, at which hearing the Council will consider the proposed vacation of alley right of way running north -south between Valley Avenue and Lincoln Avenue and bounded by Highway 6 j at the north end. This notice is given pursuant to Chapter 362.3 of the Code of Iowa, 1983. � ( !� „rJ Tia,uJ MARIAN KARR, ITY CLERK I t i. h f {i F j i i! f i i I ill {. .MICROFILMED BY - !JORM MICROLAB CEDAR RAPIDS -DES MOINES r J ■ i 1-, STAFF REPORT To: Planning & Zoning Commission Item: V-8301. Vacation of Alley Between Lincoln Avenue and Valley Avenue GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Applicable regulations: SPECIAL INFORMATION Public utilities: Transportation: 1�. Prepared by: Bruce Knight Date: May 19, 1983 Robert J. Bender, et al 335 S. Clinton St. Iowa City, IA 52240 Vacation of an alley right-of-way from Highway 6 South to the alley between Valley Avenue and Lincoln Avenue. To permit transfer of ownership to adjoining property owners. South of Highway 6, west of Lincoln Avenue, east of Valley Avenue and north of Newton Road. 51086 square feet Chapter 364 (1981 Code of Iowa) No publicilities are located in this right-of-wa This right f -way is not used to provide access to any of the adjoining properties. ANALYSIS The applicant, Robert J. Bender, along with the property owners for Lots 31, 32, 23 and 24, are requesting vacation of a 16 foot wide alley right-of-way running from Highway 6 south to the alley between Valley Avenue and Lincoln Avenue (see attached plat). The property owners for Lots 24, 25 and 28-30 (Lots 26 and 27 were purchased by the State for highway right-of-way), which are also adjacent to this alley, are not participating in this application and should, therefore, be notified (staff has done this). The right-of-way is unimproved and has no public utilities (City, telephone company or Iowa -Illinois Gas & Electric Co.) located in it. Staff, therefore, has no objections to the vacation of this property if the other property owners impacted by the action do not object. ili f MICROFILMED BY t' JORM MICROLAB ,CEDAR RAPIDS-DESMOINES , r l I J.- 1 0 . 1■ /.y STAFF RECOMMENDATION Staff recommends that the vacation of the north -south alley located between Valley Avenue and Lincoln Avenue be approved. ATTACHMENTS I. Location map 2. Plat of block 3. Petition by property owners Approved by; j D aid Sc eiser, Director Departmen of Planning and Program Development MICROFILMED BY I tth. jJORM MICROLAB ' t i. CEDAR RAPIDS -DES MOINES ' ( 1 i wJ �cx�Y(Ot� �� VEi2UE5r, IUUNIVERSITY 0! IO I\\ G{ ( MICROFILMED DY !JORM MICROLAB i CEDARRAPIDS•DES MOINES r J wn va va 4 r- 5 cir MICROFILMED BY !JORM MICRO_ LAB' I CEDAR RAPIDS -DES MOINES I� City Council City of Iowa City Civic Center, Iowa City, Iowa 52240 April 28, 1983 The following abutting property owners hereby request the City of Iowa City to vacate the alley running north and south between Lincoln Avenue and Valley Avenue. We further request that each abbuting own eive his or her proportionate share of said alley at ver little or no additional cost. Sincerely yours, 'AU bg6)(,JtyKPt, La-Z � I �517 �cr�etlL�'t _ E Tz el %lyfYC.Cii. /u J A4 ici,2, v�`i, ,? .3 � i V I _._ ._. _ . ... r MAY 2 1983 CITY CLERK i _ poG Li MICROFILMED BY �JORM MICROLAB i CEDAR RAPIDS -DES MOINES -,1r n NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING TO CONSIDER THE PROPOSED PLANNED AREA DEVELOPMENT PLAN OF TY'N CAE, PART 3. Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 PM on the 5th day Of July, 1983, in the Council Chambers in the Civic Center, Iowa City, Iowa, at which hearing the Council will consider the proposed Planned Area Development Plan for a 30.65 acre tract located south of Ty'n Cae, Parts 1 and 2, and known as Ty'n Cae, Part 3. This notice is given pursuant to Chapter 414.4 of the Code of Iowa, 1981. MAkIAN KARR, CITY CLERK MICROFILMED BY I IJORM MICROLAB 'CEDAR RAPIDS-IDES'MOIMES ' r 1 /3q J.- ■ STAFF REPORT To: Planning and Zoning Commission Prepared by: Bruce Knight Item: 5-8311. Ty'n Cae Subdivision, Part 3 (final PAD Date: May 5, 1983 plat, and LSRD plan) GENERAL INFORMATION Applicant: Dynevor 1201 S. Gilbert Iowa City, Iowa 52240 Requested action: Approval of an amended preliminary and a final subdivision plat and PAD/LSRD plan Purpose: To permit development of 188 residential units Location: South of the existing Ty'n Cae Developments, Part I and 2, east of the proposed alignment of Mormon Trek I Boulevard relocated, and north and west of the Iowa City corporate limits Size: 30.65 acres Comprehensive plan: , r Residential, 2-8 dwelling units per acre Existing land use and +, zoning: Undeveloped and RIB ' Surrounding land use and zoning: y North -Ie family residential and RIB East - undeveloped and County RIA, CH South - single family residential and County RS West - undeveloped and County RIA i Applicable regulations: ! Provisions of the subdivision code and the LSRD, PAD i and stormwater management ordinances 45 -day limitation period: 6/3/83 60 -day limitation period: f 6/18/83 t I I s I 0 r h! j. MICROFILMED BY N ;JORM MICROLAB CEDAR RRPIDS�DES'MOINES r -J. SPECIAL INFORMATION Public utilities: Sewer and water service are available. Public services: Police and fire protection are available. Sanitation service is also available for the single family units. The multi- family units will be serviced by a private hauler. Transportation: Vehicular access is proposed via Mormon Trek Blvd. Physical characteristics: The topography is moderate to steeply sloping. ANALYSIS The applicant is requesting approval of an amended preliminary plat and LSRD/PAD plan, and a final subdivision plat and LSRD/PAD plan. The preliminary plat and PAD/LSRD plan are being amended because of revisions proposed to two lots, i.e. Lot 41 and Lot 96. Lot 41, which was originally proposed to have 36 condominium units in three 12-plex buildings, is now shown with 48 units in four 12-plex buildings. Lot 96, which was one lot with 48 condominium units has been subdivided into five lots (96A -96E) and now contains a total of 38 townhouse units. Because two of the zero lot line (ZLL) lots have been removed, the net result is the same overall density of 188 units as was originally approved. Staff finds the change in the type of units located on Lot 96 to be an improvement over the original proposal. One of the concerns raised in the initial staff report regarded the impact of opposing parking and 12-plex condominium units from single family ZLL dwellings. It was felt that in the case of Lot 41, the natural topography and existing vegetation should effectively serve as a bufer between the condominiums and the ZLL units. However, concern was expressed over Lot 96 regarding the location of 48 condominium units across the street from 16 ZLL units. The townhouse units now proposed on Lot 96 are more compatible with the ZLL units across the street and, therefore, the impact is greatly reduced. Further, because of the thick planting screen being proposed along the northern boundary of Lot 41, that lot Is very well buffered from the adjoining ZLL single family units. Another issue raised in the staff report regarding the preliminary plat was concern over the ultimate design of the ZLL dwelling units and their visual image from the street. The report stated that "because of the minimal width of the lots, garage doors or carports become more dominant, often occupying half or more of the building widths and creating a monotonous street scene. With good design, these problems can be mitigated." The report went on to recommend that the applicant be required to submit a set of design specifications with the legal papers for the final plan. A set of "minimum design standards" has been submitted as part of the restrictive covenants Included with the legal papers. However, no attempt has been made to deal with the above concern. /307 iCI { MICROFILMED P I f,kT :DORM MICROLAB CEDAR RAPIDS -DES MOINES r I J 0 Other than the design standards described above, staff finds the amended plans for Ty'n Cae Subdivision Part 3 to be an improvement over the original plans for Lots 41 and 96, and finds the remainder of the development to be in substantial compliance with what was approved as part of the preliminary plat and plan. Staff would therefore recommend approval upon provision of adequate design standards to ensure that appropriate care is given to the design of the ZLL single family units. STAFF RECOMMENDATION Staff recommends that the amended preliminary LSRD and PAD plans and final plat and PAD LSRD plans be deferred. Upon resolution of the above concerns and the deficiencies and discrepancies listed below, staff would recommend approval. DEFICIENCIES AND DISCREPANCIES 1. The individual plans for Lots 41 and 96 should be labeled "Amended Preliminary and Final PAD, LSRD and Planting Plan of... 2. Contours should be shown for Lots 41 and 96. 3. The full height of the buildings should be shown. 4. The distances between all buildings should be shown on the plans for Lot 41 and 96. 5. The private drive grades and parking lot grades should be shown for Lot 41 and 96. 6. Names and address of owner and their attorney. 7. Proposed water mains, fire hydrants and sewers for Lots 41 and 96. 8. Lots 96A -96E should be consecutively numbered. ATTACHMENTS I. Location map 2. Applicant's proposed design standards I ACCOMPANIMENTS I. Amended preliminary and final LSRD and planting plan for Lot 41 and Lots 96A -96E as presently shown and respective building elevations. 2. Final plat, PAD and LSRD plan. Approved by: i D nald S meiser, Director Departme t of Planning and Program evelopment r iS �M16RDFILMED BY 'I '.JORM MICROLAB t CEDAR RAPIDS•DES*14MES r t /307 s I_OCAT I ON MaP 6-8311 j MICROFILMED BY LJORM MICROLAB CEDAR RAPIDS•DES MOINES 1,307 RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS: The undersigned, Dynevor, Inc., hereinafter called the "Subdivider", being the owner of all lots in the Addition to Iowa City, Iowa, known as Ty'n Cae Addition, Part 3, the dedication of which addition is recorded in the Office of the County Recorder of Johnson County, Iowa, for the mutual benefit of those persons who may purchase any of the lots in said Ty'n Cae Addition, Part 3, now owned by the undersigned, hereby impose the folluwing covenants and restrictions on each lot in said subdivision, which shall be binding upon all the present and future owners of each and every parcel of ground in said subdivision as covenants running with the land, and with such force and effect as if contained in each subsequent conveyance of land. I. Lots 1 through 40, Lots 42 through 94 and Lots 97 through 104 shall be used solely as residential lots and no structures shall be erected thereon other than a single family dwelling, provided that two separate single family 3 dwelling units on adjoining lots may be laterally attached (sharing a common wall) with each unit having a separate access and utility service. The following minimum design standards shall apply to all lots described in this Para- graph I. A. Each dwelling unit shall have a garage. B. All driveways shall be hard surfaced with concrete or asphalt pavement and shall be at least 9 feet in width. C. In the event two separate single family dwelling units on adjoining lots are laterally attached, the following additional restrictions shall be applicable: MICROFILMED BY� t4, '.JORM MICROLAB I ..CEDAR RAPIDS•DES MOINES, r I F o L Es APR ``23'033 CITY CI -Mt K ItW 1117 `-1 - 2 - 1, The wall dividing the two laterally joined dwelling units shall be a party wall with at least a two hour fire rating and the owner of each dwelling unit shall have the right to use said wall jointly with the owner of the other dwelling unit as provided by Iowa law. 2. All common aspects, including but not limited to utilities, water, sanitary sewer, storm sewer, easements and driveway, shall be party utilities and easements and each owner of a dwelling unit shall have the right to use such common aspects, up to the point of their division, jointly with each owner of the adjoining dwelling. 3. Should the common wall or any common aspects, including but not limited to utilities, water, sanitary sewer, storm sewer, easements or driveway be destroyed or damaged or require maintenance or repair for any reason, the owner of each dwelling unit shall be jointly and severally liable with the owner of the other .dwelling unit for the cost reasonably necessary for replacement, maintenance and/or repair, except as may otherwise be set forth herein, pro- i vided that any sum received from joint insurance coverage i shall first be applied to such replacements, maintenance and repairs. Provided, however, that in the event replace- ment, maintenance and/or repairs are required because of the sole negligence of one of the owners of a dwelling unit or said owner's family or invitees, the cost thereof shall be at such owner's sole expense. 4. No owner of a dwelling unit shall in any way alter or change the common wall, interior decorations excepted, or any of the pipes, conduits, ducts, insulation or special i components located therein without the written consent of the owner of the other dwelling unit. FoLF. 0 APR2J'':'� CITY C!.1-:1.1 /,34 `1N I MICROFILMED BY DORM MICROLAB 1 CEDAR RAPIDS -DES MOINES J 1 - 3 - 5. Each owner of a dwelling unit shall be solely responsible for repairing and/or replacing the roof covering such dwelling unit. Each owner shall further be solely responsible for all replacement, maintenance and repairs of the interior and exterior of his or her dwelling unit, except as otherwise provided herein, and shall keep the exterior of his or her dwelling unit in good condition at all times. In the event of a destruction of all or any portion of any unit by fire or other casualty, the owner of such unit shall immediately take whatever precautions may be reasonably required to preserve and protect any adjoining unit from further damage. In addition, each laterally attached units shall have an obligation owner of to reconstruct his or her unit unless both owners agree Y that either one or both of such attached units shall not be reconstructed. The following provisions shall govern t I exterior replacements, maintenance and repairs and re- construction. a. The owner of a dwelling unit may repair and replace exterior components of such dwelling unit with components similar to pre-existing components and of the same design and color, and may paint the exterior of such it dwelling unit with paint of the existing color or colors, i but such owner may not, either in the course of ordinary replacement, maintenance, repair and remodeling, or in j restoration after damage or destruction, use different siding, roofing or other exterior components, or a different color scheme, unless the owner of the adjoining dwelling unit gives a written consent to do so. APR 23 "Ma CITY CI_1';O%" )I i.- MICROFILMED BY �JORM MICROLAB _ CEDAR RA P1U5•DES'MOINES-,�- 1 I - 4 - b, In the event of any dispute arising between the owners of adjoining dwelling units concerning a change of siding, roofing materials, color scheme, or any other exterior components, each party shall choose one arbitrator and such arbitrators shall choose a third arbitrator, and the decision of the majority of all arbitrators shall be final and conclusive of the question involved and binding on all parties. The arbitrators, decision shall be based on whether the proposed siding, roofing material, color scheme or other changes are in harmony with the design of the adjoining dwelling unit. If either party refuses or fails to appoint an arbitrator within ten (10) days of a written request to do so by the other party, such arbitrator may be appointed by any Judge of the District Court for Johnson County. Arbitration shall be in accordance with the rules of the American Arbitration Association and the costs thereof shall be shared equally by the parties. 6. If the common wall is damaged or destroyed by fire or other casualty or by physical deterioration, the owner of either dwelling unit may restore it, and shall have an easement over the adjoining dwelling unit reasonably necessary for such restoration, and the owner of the adjoining dwelling unit shall contribute to the cost of restoration on an equal basis, without prejudice, however, to the right of any such owner to call for a larger contribution from the other owner under any rule of law regarding liability for negligent or willful acts or omissions. Kj MICROFILMED BY �JORM MICRO_ LAB .CEDAR RAPIDS -D MOINES r APR2]'4S3 cr," C.I.I= . 1307 s0 - 5 - 7. If any existing portion of a dwelling unit enroaches upon an adjoining lot, or if any such encroachment shall hereafter arise because of settling or shifting of the building or other unintentional cause, there shall be deemed to be an easement in favor of the owner of the encroaching dwelling unit to the extent of such encroachment so long as the same shall exist. 8. Each owner of a dwelling agrees to indemnify and hold harmless the owner of the adjoining living unit from any mechanic's liens arising from work done or material supplied for repairs, replacements or improvements solely to their own dwelling unit or property. i i 9. Compliance with the minimum design standards i contained in this Paragraph I shall not relieve the lot owner from any of the requirements contained in Paragraph VII of these covenants. II. Every dwelling shall have a front yard with a depth of at least 20 feet and shall have one side yard having a I I width of at least 10 feet. III. No temporary structure for living quarters shall be erected on any lot described herein and no trailer, base- ment of an uncompleted house, tent, shack, garage, barn or other out building erected in the tract shall at any time be used as a residence temporarily or permanently nor shall any residence of a temporarily or permanently nor shall any residence of a temporary character be permitted. IV. No noxious or offensive trade shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. I APR2) ") i` CIl"Y O.CR{< (j 4 MICROFILMED BY I ':JORM MICROLAB i CEDAR RA PI DS•DES*MOINES r - 6 - V. Construction of any residence shall be completed within one year from the date said construction is begun. VI. The subdivider has constructed a storm water control structure and a storm water storage area pursuant to the requirements of the City of Iowa City, Iowa, under its storm water management ordinance. As constructed, said storm water control structure and storm water storage area are located on parts of Lots 1 through 27. In addition the Subdivider hereby reserves drainage easements over Lots 26 through 41 as shown on the Final Plat of Ty'n Cae Part 3 for the benefit of all owners within said subdivision. The sub- divider has granted a storm water management easement and an access easement to the City granting to .the City the right to construct, reconstruct, operate and maintain said ± storm water control structure and storm water storage area. No construction, excavation or grading shall be permitted r in said storm water storage area or drainage easement as shown on the final plat of Ty'n Cae Part 3.without the express written consent of the City. It shall, however, be the primary responsibility of each of the owners of Lots 1 through 41, whether said lots be improved or unimproved, to keep said lots mowed and to maintain the entire lot so as to minimize erosion in and around said drainage easements, control structure and storage area. f. VII. A. No buildings or other structure shall be erected t upon any lot in Ty'n Cae Part 3 until the following documents f have been approved, in writing, by an authorized officer of 1 the Subdivider or its nominee: FII ED APR 20 :T3 /3°% MICROFILMED BY IJORM MICROI AB CEDAR RAPIDS•DES 1401NE3 r J 1 1 0 —7— (1) Complete plans and specifications describing all buildings and structures. (2) The owners of Lots 1 through 41, in addition to the plans and specifications required above, shall also be required to submit a detailed plot plan showing the location of the proposed buildings or structures on the lot, the boundary of the storm water storage area or drainage easement on the lot, the proposed elevations for all improvements on the lot and the proposed method of dis- posing of any excavated material. B. In the event the Subdivider or its nominee fails to approve or disapprove plans and specifications within 30 days after the same have been submitted to it or its nominee, or in any event, if no suit to enjoin the construction has been commenced prior to the completion of such construction, approval will be conclusively presumed to have been given and these covenants shall be deemed to have been fully complied with. C. When plans submitted by the owner have been approved by the Subdivider or its nominee, such approval shall be delivered to the owner in writing and the owner shall not thereafter deviate.from said plans so approved if said deviation affects the exterior of the proposed improvement. VIII. Nothing contained herein shall relieve the owner from the obligation to comply with all ordinances of the City relative to Zoning or Building Permit Applications. IX. The undersigned agrees that the City shall have the right to enforce the provisions of Paragraph VI of these covenants as though the City were the owner of a lot within rhe crnhdivision. MICROFILMED BY rJORM MICROLAB ! ;CEDAR 'RAMS•DES'MOINES � r d I� E�. lAPR 20 CITY CI_f RhC s 1 ■ r X. These covenants shall be binding on all lot owners until January 1, 1997, at which time said covenants shall be automatically extended for successive periods of 10 years unless by a vote of a majority of the then owners of the lots and the consent of all mortgagees, said covenants are amended, in whole or in part, and provided further that Paragraph VI of these covenants may not be amended without the express written consent of the City. XI. If any lot owner shall violate or attempt to violate any of these covenants, any other lot owner, or the City, in the case of a violation or an attempted violation of Paragraph VI hereof, may prosecute any proceedings at law or in equity to prevent such violation or to recover damages for such violation. XII. The invalidation of any of these covenants by judgment or Court Order or Decree shall in no way affect any of the other covenants which shall remain in full force and effect. Dated this day of 1983. DYNEVOR, INC. By By �. ..... MICROFILMED OY - t JGR'M' IVIICROLAB CEDAR RAPIDS•DES�MOINES r 1 APR 20 : D CITY CLERK 007 R X. These covenants shall be binding on all lot owners until January 1, 1997, at which time said covenants shall be automatically extended for successive periods of 10 years unless by a vote of a majority of the then owners of the lots and the consent of all mortgagees, said covenants are amended, in whole or in part, and provided further that Paragraph VI of these covenants may not be amended without the express written consent of the City. XI. If any lot owner shall violate or attempt to violate any of these covenants, any other lot owner, or the City, in the case of a violation or an attempted violation of Paragraph VI hereof, may prosecute any proceedings at law or in equity to prevent such violation or to recover damages for such violation. XII. The invalidation of any of these covenants by judgment or Court Order or Decree shall in no way affect any of the other covenants which shall remain in full force and effect. Dated this day of 1983. DYNEVOR, INC. By By �. ..... MICROFILMED OY - t JGR'M' IVIICROLAB CEDAR RAPIDS•DES�MOINES r 1 APR 20 : D CITY CLERK 007 R 1�. CHARLES A BARKER JOHN D. CRUISE MICHAEL W. KENNEDY JAMES D. HOUGHTON DAVIS L FOSTER City Council City of Iowa City Civic Center Iowa City, IA 52240 RL..EIVED JUN 2 9 1983 BARKER, CRUISE & KENNEDY LAWYERS 311 IOWA AVENUE • P.O. BOK 2000 IOWA CITY IOWA 52244 June 28, 1983 Re: Plum Grove Acres, Inc. Rezoning Request Z-8305 Dear Council Members: AREA CODE 319 TELEPHONE 331.818, Inc., AI attorney for Bruce R. Glasgow and Plum Grove Acres, readings questing that you waive the rule requiring g and considerations of an ordinance in three the above -referenced rezoning application. objections have been made to connection with the objections the rezoning a in this case, h level. Planning & Zoning Commission level application at either 1983. The public hearing before °T at the City Council The ordinance has been the Council was held May 24 vote for passage. We are given first consideration and and third considerations asking that you combine the second passage at the next formal f the ordinance and give it final Council meeting. We would appreciate your help on this. very truly yours, J n D. Cruise JDC/dc cc: Plum Grove Acres, Inc. Bruce R. Glasgow MICROFILMED BY tlj �JORM MICRO_ LAB 1 l ,.CEDAR RAPIDS -DES �AOINES-4r I Y 0 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held on Tuesday, July 5, 1983, at 7:30 PM in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. Paragraph 403A.28 State Code of Iowa requires this Public Hearing prior to undertaking this housing project. The Iowa City Housing Authority has applied for 25 additional units of Section 8 Housing Assistance Payments Program for Existing Housing units designed for non -elderly families. This is an extension of the present Section 8 HAP Program now administered by the Iowa City Housing Authority. The units will range in size from 1 -bedroom to 2 -bedroom and will be located within the corporate limits of Iowa City, Coralville, University Heights, Tiffin, Hills or the unincorporated areas of Johnson County. Eligible families will pay 30% of family income for rent. Funds for the Housing Assistance Payments will be { provided by the Department of Housing and I f Urban Development and could amount to approximately $91,000 per year. For ? additional information contact the Housing t Coordinator at 356-5138. Published by order of the Iowa City Council this W day of June 1983. MARIAN K. KARR, CITY CLERK i A r, ih1 .MICROFILMED BY 0' ;JORM MICROLAB i CEDAR RAPIDS•DES MOINES 10 I NOTICE OF PUBLIC HEARING REGARDING PURCHASE OF EIGHT 8) NEW 47 PASSENGER TRANSIT COACHES, TWO (2) NEW 70 PASSENGER ARTICULATED TRANSIT COACHES, TWO (2) SPARE ENGINES AND TRANSMISSIONS, AND THIRTY (30) PASSENGER WAITING SHELTERS BY THE CITY OF IOWA CITY THROUGH AN URBAN MASS TRANSPORTATION ADMINISTRATION GRANT. I. Notice is herby given that a public hearing will be held by the City Council at 7:30 PM on July 5, 1983, in the Iowa City Civic Center, 410 E. Washington St., Iowa City, Iowa, for the purpose of considering a project for which assistance is being sought from the Urban Mass Transportation Administration, pursuant to the Urban Mass Transportation Act of 1964, as amended, generally described as follows: A. DESCRIPTION OF THE PROJECT 1. The City is applying for UMTA grant funds to purchase the following: a. Eight (8) new 47 passenger diesel transit coaches. Six will be used by Iowa City Transit and two by Coralville Transit. b. Two (2) new 70 passenger articulated transit coaches to be used by the University of Iowa CAMBUS system. c• Two (2) spare engines and transmissions to be shared between the three systems. d. Thirty (30) passenger waiting shelters. Ten each will be used by Iowa City, Coralville, and the University of Iowa. 2. Federal Grant Request - $1,452,150 Local contribution - $ 484,050 Total Estimated Project Cost $1,936,200 3. The local contribution will be from the following sources: City of Iowa City - $252,786 City of Coralville - $ 91,327 University of Iowa - $139 937 Total 484,050 ;• RELOCATION No persons, families, or businesses will be displaced by this project. ENVIRONMENT The project will not have an adverse impact on the environment. COMPREHENSIVE PLANNING This project is in conformance with comprehensive land use and transportation plans in the Iowa 1; r' .MICROFILMED BY 'I !.JORM MICROLAB CEDAR RAPIDS -DES -MOINES r 1 /N -i City/Coralville Area. This project is currently under review by the Regional A-95 Clearinghouse. E. ELDERLY & HANDICAPPED Special efforts are presently being undertaken, and will continue to be undertaken, to serve the special transportation needs of the elderly and handicapped. II. At the hearing, the City Council of Iowa City will afford an opportunity for interested persons or agencies to be heard with respect to the social, economic, and environmental aspects of the project. Interested persons may submit, orally or in writing, evidence and recommendations with respect to said project. III. A copy of the Federal Grant application for the proposed project, together with an environmental analysis and transportation plan for this area, are currently available for public inspection at the City of Iowa City Clerk's Office, in the Iowa City Civic Center. MBIA IA -7t K. KARR, CITY CLERK 1 s r. .MICROFILMED BY i.JORM MICROLAB .CEDAR RAPIDSOES_ MOINES rr