HomeMy WebLinkAbout2009-04-06 Ordinance4- -
6a
Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 100 ACRES OF LAND LOCATED ON
BOTH SIDES OF 420TH STREET SE, WEST OF TAFT AVENUE FROM INTERIM
DEVELOPMENT(ID-I)TO GENERAL INDUSTRIAL (I-1)(REZ09-00002)
WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of approximately 100 acres of
property located on both sides of 420"' Street SE, west of Taft Avenue from Interim Development (ID-I) to
General Industrial (I-1 ); and
WHEREAS, the Comprehensive Plan and the current Interim Development -Industrial zoning
designation indicates that this property is appropriate for future industrial development once City services
have been extended to the area; and
WHEREAS, 420"' Street is scheduled to be improved to accommodate industrial traffic and City water
service and other utilities will be made available to this property when the road is improved; and
WHEREAS, sewer service is scheduled to be extended to this area in the near future; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL.
Property described below . is hereby reclassified from its current zoning designation of Interim
Development -Industrial (ID-I) to General Industrial (I-1 ):
LEGAL DESCRIPTION
All that part of the Southeast Quarter (SE%) of Section 19, Township 79 North, Range 5
West of the 5~' P.M., lying south of the right of way of the Chicago, Rock Island & Pacific
Railway Co., running diagonally from southeast to northwest through said quarter section;
also the following tract to-wit: Beginning at the northwest corner of the Northeast Quarter
(NE%4) of Sec. 30, Township 79 North, Range 5 West of the 5t" P.M., in the center of the
public highway known as the Singleton Road, running thence south -along the present
fence line 1320 feet to a stake, thence east 1495.4 feet to a stake, thence north 1316 feet
to the center of Singleton Road running along the north line of said quarter section,
thence west along the center of said Singleton Road 1500 feet to the place of beginning,
this last piece containing 45.32 acres, Johnson County, Iowa.
Except:. Commencing at the southeast corner of Section 19, Township 79 North, Range 5
West of the 5'h P.M., thence North 02°40' west along the east line of said section 544.15
feet, thence north 64°53' west along the southerly line of the right of way of the Chicago,
Rock Island & Pacific Railroad Company 686.39 feet, thence south 835.20 feet to the
south line of said Section 19, thence east 647.32 feet along the section line to the point of
beginning, according to plat recorded in Plat Book 5, Page 23, Plat Records of Johnson
County, Iowa.
And Except: A~ortion of the Southeast Quarter of Section 19, Township 79 North, Range
5 West of the 5 P.M., more particularly described as follows:
Commencing as a point of reference at the Southeast corner of Section 19, Township 79
North, Range 5 West of the 5~' P.M., Johnson County, Iowa; thence North 89°48' West
647.32 feet along the South line of the Southeast Quarter of said Section 19 to point of
beginning of tract herein described (this is an assumed bearing for purposes of this
description only); thence North 833.60 feet along the West property line of the Iowa Valley
Ordinance No.
Page 2 of 2
Milling Company to point of intersection with the Southerly right of way line of the Chicago,
Rock Island, and Pacific Railroad Company; thence North 64°49' West 370.18 feet along
the Southerly right of way line of the Chicago, Rock Island & Pacific Railroad Company to
a point; thence South 989.95 feet to a point of intersection with the South line of the
Southeast Quarter (SE'/<) of said Section 19; thence South 89°48' East 335.00 feet along
the South line of the Southeast Quarter of said Section 19 to point of beginning; and
containing 7.0 acres more or less.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Appr ved by
City Attorney's Office .~ a~ (n y
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 4/6/2009
Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn.
NAYS: None. ABSENT: Nrine.
Second Consideration _
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission
Item: REZ09-00002
420th Street, west of Taft
Prepared by: Karen Howard
Date: March 5, 2009
GENERAL INFORMATION:
Applicant: City of Iowa City
410 E. Washington St
Iowa City, Iowa 52240
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Karen Howard
356-5251
Rezoning from ID-I to I-1
To allow development of industrial uses
Along 420th Street SE, east of the Scott- Six Industrial
Park and west of Taft Avenue
Approximately 100 acres
Agricultural, Interim Development Industrial (ID-I)
North: Agricultural -County R
South: Agricultural -County R
East: Agricultural and industrial - County R and
County Heavy Industrial (MH)
West: Industrial and Agricultural -General Industrial
(I-1) and County R and County Highway
Commercial (CH)
Southeast District -Industrial development
February 18, 2009
April 4, 2009
The City of Iowa City recently purchased approximately 174 acres of land east of the Scott-Six
Industrial Park along 420th Street SE with the intention of making it available for future industrial
development. The property was annexed and zoned ID-I in December 2008. We are now
proposing to rezone an approximately 100 acre portion located south of the Iowa Interstate
Railroad to General Industrial (I-1 ). An 80 foot wide strip of land containing approximately 3.25
acres along the west side of the recently annexed area is owned by E&L Prybil, who have agreed
to include their land in this rezoning. Approximately 78 acres located north of the railroad would
2
remain zoned ID-I.
We have had discussions with immediately adjacent property owners and businesses about the
City's plans to develop an industrial park in this area and the potential for the annexation of their land
to be included in future phases for industrial development.
ANALYSIS:
The purpose of the ID zone is to provide for areas of managed growth in which agricultural
and other non-urban uses of land may continue until such time as the City is able to provide City
services and urban development may occur. The intent of the proposed 11 zone is to provide the
opportunity for the development of most types of industrial firms.
Since there has already been some serious interest expressed by a manufacturer associated with
the wind power industry, the City is proceeding with plans to reconstruct 420`h Street and extend
water and sewer service to this land. The City has hired a consultant to design an industrial
subdivision for this land to maximize access to the rail line and arterial street network. Water service
will be extended when the City improves 420`h Street to city standards. Sewer service can be
provided by extending a branch from the Scott Boulevard Trunk Sewer to this area. Improvement of
the road and extension of water and sewer service is scheduled to begin this coming construction
season. With the planned installation of these improvements the property is now appropriate for
rezoning from ID-I to I-1.
The proposed I-1 zone is in compliance with Comprehensive Plan and is compatible with
surrounding land uses. The property is contiguous with existing industrial land, located next to a rail
line and major truck routes to Interstate 80 and Highway 6, which makes it ideally suited for industrial
development. The proposed industrial park is also supported by the Comprehensive Plan's
economic well-being goals and strategies that encourage the diversification of the industrial tax base.
STAFF RECOMMENDATION:
Staff recommends that REZ09-00002, a rezoning of 100 acres of land located along 420"' Street,
east of the Scott-Six Industrial Park and west of Taft Avenue from Interim Development Industrial
(ID-I) to General Industrial (I-1 ), be approved.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
Approved by:
'~Zobert Miklo, Senior Planner
Department of Planning and Community Development
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Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 5240; 319-356-5251
ORDINANCE NO.
AN ORDINANCE REZONI APPROXIMATELY 100 ACRES OF LA LOCATED ON
BOTH SIDES OF 420TH S REET SE, WEST OF TAFT AVENUE FROM INTERIM
DEVELOPMENT(ID-I)TO GE RAL INDUSTRIAL (I-1)(REZ09-00002
WHEREAS, the applicant, the City f Iowa City, has requested a rezoni g of approximately 100 acres of
property located on both sides of 420th treet SE, west of Taft Avenue fr Interim Development (ID-I) to
General Industrial (I-1 ); and
WHEREAS, the Comprehensive Pla and the current Interim evelopment - Industrial zoning
designation indicates that this property is a ropriate for future industri I development once City services
have been extended to the area; and
WHEREAS, 420th Street is scheduled to b improved to accomm date industrial traffic and City water
service and other utilities will be made available to his property when t road is improved; and
WHEREAS, sewer service is scheduled to be tended to this are in the near future; and
WHEREAS, the Planning and Zoning Commissi n has reviewed he proposed rezoning and determined
that it complies with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY TH CITY CO NCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL.
Property described below is hereby reclassified m ' s current zoning designation of Interim
Development -Industrial (ID-I) to General Industrial (I-1 ).
All that part of the Southeast Quarter (SE'/<) of S ctio 19, Township 79 North, Range 5
West of the 5th P.M., lying south of the right of w y of th Chicago, Rock Island & Pacific
Railway Co., running diagonally from southeast o northw st through said quarter section;
also the following tract to-wit: Beginning at the northwest c rner of the Northeast Quarter
(NE'/4) of Sec. 30, Township 79 North, Rang 5 West of th 5th P.M., in the center of the
public highway known as the Singleton Ro d, running the a south along the present
fence line 1320 feet to a stake, thence eas 1495.4 feet toast ke, thence north 1316 feet
to the center of Singleton Road runnin along the north lin of said quarter section,
thence west along the center of said Sin leton Road 1500 feet the place of beginning,
this last piece containing 45.32 acres, J hnson County, Iowa.
Except: Commencing at the southe t corner of Section 19, Towns ip 79 North, Range 5
West of the 5th P.M., thence North 2°40' west along the east line o said section 544.15
feet, thence north 64°53' west alo g the southerly line of the right of ay of the Chicago,
Rock Island & Pacific Railroad ompany 686.39 feet, thence south 35.20 feet to the
south line of said Section 19, t nce east 647.32 feet along the section I e to the point of
beginning, according to plat r corded in Plat Book 5, Page 23, Plat Rec rds of Johnson
County, Iowa.
And Except: A ~ortion of~{he Southeast Quarter of Section 19, Township 79 ~lorth, Range
5 West of the 5t P.M., more particularly described as follows:
Commencing as a point of reference at the Southeast corner of Section 19, Township 79
North, Range 5 West of the 5th P.M., Johnson County, Iowa; thence North 89°48' West
647.32 feet along the South line of the Southeast Quarter of said Section 19 to point of
beginning of tract herein described (this is an assumed bearing for purposes of this
description only); thence North 833.60 feet along the West property line of the Iowa Valley
Ordinance No.
Page 2 of 2
Milling Company to point of intersection with the Southerly right of way line of the Chicago,
Rock Island, and Pacific Railroad Company; thence North 64°49' West 370.18 feet along
the Southerly right of way line of the Chicago, Rock Island & Pacific Railroad Company to
a point; thence South 989.95 feet to a point of intersection with the South line of the
Southeast Quarter (SE'/4) of said Section 19; thence South 89°48' East 335.00 feet along
the South line of the Southeast Quarter of said Section 19 to point of beginning; and
containing 7.0 acres more or less.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approv I of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and ecord the same in the
Office of the County Recorder, nson County, Iowa, at the City's expense, up the final passage,
approval and publication of this ordi nce, as provided bylaw.
SECTION IV. REPEALER. All ordi nces and parts of ordinances in co lict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any se ion, provision or part of th rdinance shall be adjudged to be
invalid or unconstitutional, such adjudications II not affect the validit of the Ordinance as a whole or any
section, provision or part thereof not adjudged in lid or unconstituti nal.
SECTION VI. EFFECTIVE DATE. This Ordin ce shall be i effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ~X~ , 2009.
ATT
MAYOR
Approved by
CITY CLERK
City Attorney's Office
Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240;
(319)356-3243 (REZ08-00011)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.98 ACRES OF PROPERTY
LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY
RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 40.13 ACRES FROM
RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND
57.49 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED
DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD-5). (REZ08-
00011)
WHEREAS, S & J Development LLC (Owner) has requested a rezoning of property located north of
Rohret Road and east of Slothower Road from Interim Development Single-Family Residential (ID-RS) to
Low Density Single-Family Residential (RS-5); from Rural Residential (RR-1) to Low Density Single-Family
Residential (RS-5); and from Low Density Single-Family Residential (RS-5) to Planned Development Overlay
Low Density Single-Family Residential (OPD-5); and
WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single family housing; and
WHEREAS, Owner has requested a reduction in wetland buffers and wetland mitigation, which requires
a Level II Sensitive Areas Review and Planned Development Overlay Rezoning. The Planning and Zoning
Commission has reviewed the requirements for wetland buffer reduction and mitigation and has found that
the proposal meets the requirements as outlined in Section 14-51-6 of the'Iowa City Zoning Code; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for
improvement of Rohret Road to City standards, approval of the wetland mitigation plan, and a plan for the
long-term maintenance of the wetland by the home owners' association; and
WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request over and above existing regulations in order to
satisfy public needs caused by the requested change; and
WHEREAS, Owner has agreed that the property shall be developed in accordance with the terms and
conditions of the Conditional Zoning Agreement to ensure appropriate development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The properties described below are hereby reclassified:
1. From its current zoning designation of ID-RS to OPD-5
Commencing at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth
Principal Meridian; Thence S89°47'19"E, along the North Line of the Northeast Quarter of said Section 24, a
distance of 634.00 feet, to the POINT OF BEGINNING; Thence continuing. S89°47'19"E, along said North
Line, 342.27 feet; Thence Southwesterly, 318.98 feet, along an arc of a 1720.00 foot radius curve, concave
Northwesterly, whose 318.53 foot chord bears S62°48'47"W; Thence N21 °52'26"W, 158.18 feet, to said
POINT OF BEGINNING,
and also,
Commencing at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth
Principal Meridian; Thence S89°47'19"E, along the North Line of the Northeast Quarter of said Section 24, a
Ordinance No.
Page 2
distance of 1400.09 feet, to the POINT OF BEGINNING; Thence continuing S89°47'19"E, along said North
Line, 291.81 feet, to its intersection with the Centerline of Rohret Road; Thence S67°18'23"W, along said
Centerline, 51.72 feet; Thence S67°00'50"W, along said Centerline, 52.57 feet; Thence S60°26'59"W, along
said Centerline, 88.13 feet; Thence S59°56'46"W, along said Centerline, 61.62 feet; Thence N29°33'01"W,
133.21 feet, to said POINT OF BEGINNING,
Said Parcels contain 0.98 acre, more or less, and are subject to easements and restrictions
2. From its current zoning of RR-1 to OPD-5:
Commencing at the South Quarter Comer of Section 13, Township 79 North, Range 7 West, of the Fifth
Principal Meridian; Thence N01°15'46"E, along the West Line of the Southeast Quarter of said Section 13, a
distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01°15'46"E, along said West
Line, 1420.85 feet; Thence S88°38'52"E, 101.15 feet; Thence S39°50'42"E, 158.00 feet; Thence
N50°09'18"E, 230.00 feet; Thence N33°54'18"E, 173.50 feet; Thence S67°05'42"E, 336.00 feet; Thence
S22°54'18"W, 55.00 feet; Thence S07°54'18"W, 297.07 feet; Thence S29°37'33"W, 60.57 feet; Thence
S53°35'48"E, 662.14 feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in
accordance with the Recorded Plat thereof; Thence S68°04'47"W, along said West Line, 60.00 feet; Thence
S46°03'38"E, along said West Line, 330.10 feet; Thence S53°55'32"E, along said West Line, 235.85 feet;
Thence S21°17'53"E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the
Centerline of Rohret Road; Thence S68°42'07"W, along said Centerline, 18.85 feet; Thence S67°18'23"W,
along said Centerline, 79.70 feet, to its intersection with the South Line of said Southeast Quarter; Thence
N89°47'19"W, along said South Line, 291.81 feet; Thence N29°33'01"W, 173.66 feet; Thence N44°07'58"W,
92.84 feet; Thence Southwesterly, 349.22 feet, along an arc of a 1720.00 foot radius curve, concave
Northwesterly, whose 348.62 foot chord bears S51 °41'01 "W; to a point on said South Line; Thence
N89°47'19"W, along said South Line, 342.27 feet; Thence N21°52'26"W, 150.82 feet; Thence N12°36'51"W,
60.83 feet; Thence N22°17'21"W, 135.16 feet; Thence S64°30'09"W, 57.17 feet; Thence S70°59'48"W,
117.60 feet; Thence S78°00'56"W, 223.03 feet; Thence S40°13'58"W, 108.48 feet; Thence S50°14'53"E,
124.04 feet; Thence S37°18'02"W, 15.40 feet; Thence N55°09'02"W, 176.92 feet, to said POINT OF
BEGINNING, containing 40.13 acres, more or less, and subject to easements and restrictions of record.
3. From RS-5 to OPD-5, subject to the Conditional Zoning Agreement attached hereto and
incorporated herein:
Commencing at the South Quarter Comer of Section 13, Township 79 North, Range 7 West, of the Fifth
Principal Meridian; Thence N01°15'46"E, along the West Line of the Southeast Quarter of said Section 13, a
distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01°15'46"E, along said West
Line, 2141.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the recorded
plat thereof; S89°44'32"E, along said South line, 361.42 feet, to the Southeast Corner thereof; Thence
N01°16'10"E, along the East line of said Auditor's Parcel, 361.50, to the Northeast corner thereof; Thence
S89°44'30"E, 354.25 feet, to the Northwest Corner of Country Club Estates Second Addition, Iowa City, Iowa,
in accordance with the recorded plat thereof; Thence S14°51'48"E, along the West Line of said Country Club
Estates Second Addition, 221.57 feet; Thence S14°38'33"E, along said West Line, 97.48 feet; Thence
S00°07'09"E, along said line, 75.66 feet; Thence S18°21'00"W, along said line, 91.60 feet; Thence
S20°38'15"W, along said line, 126.29 feet; Thence S11°37'37"W, along said line, 478.88 feet, to a point on
the West Line of Country Club Estates First Addition; Thence N78°22'23"W, along said West line 217.77
feet; Thence S33°57'16"W, along said line, 170.83 feet; Thence S00°54'29"W, along said line, 80.00 feet;
Thence S16°43'33"E, along said line, 83.79 feet; Thence S78°22'23"E, along said line, 287.00 feet; Thence
° ,~
N11 37 37 E, along said line, 170.36 feet; Thence S78°22'23"E, along said South Line, 120.00 feet; Thence
S11°37'37"W, along said line, 60.33 feet; Thence S78°22'23"E, along said line, 60.00 feet; Thence
Northeasterly 39.27 feet, along said South Line and an arc of a 25.00 foot radius curve, concave
Southeasterly, whose 35.36 foot chord bears N56°37'37"E; Thence S78°22'23"E, along said line, 45.55 feet;
Thence Southeasterly 31.07 feet, along said line and an arc of a 325.00 foot radius curve, concave
Northeasterly, whose 31.06 foot chord bears S81°06'43"E; Thence S03°20'14"W, along said line, 126.16
feet; Thence S88°32'31 "E, along said line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047,
to Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S01 °27'29"E, along the West Line of
said Auditor's Parcel, 10.15 feet; Thence N81°43'30"E, along the South Line of said Auditor's Parcel, 169.98
feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the
Ordinance No.
Page 3
Recorded Plat thereof; Thence S19°45'01"E, along said line, 386.21 feet; Thence S68°04'47"W, along said
West Line, 60.00 feet; Thence S46°03'38"E, along said West Line, 330.10 feet; Thence S53°55'32"E, along
said West Line, 235.85 feet; Thence S21°17'53"E, along said West Line, 412.93 feet, to the Southwest
Corner thereof, and a Point on the Centerline of Rohret Road; Thence S68°42'07"W, along said Centerline,
18.85 feet; Thence S67°18'23"W, along said Centerline, 131.42 feet; Thence N67°00'50"W, along said
Centerline, 52.72 feet; Thence S60°26'59"W, along said Centerline, 88.13 feet; Thence S59°56'46"W, along
said Centerline, 61.62 feet; Thence N29°33'01"W, 306.87 feet; Thence N44°07'58"W, 92.84 feet; Thence
Southwesterly, 668.20 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose
664.01 foot chord bears S56°59'48"W; Thence N21°52'26"W, 309.00 feet; Thence N12°36'51"W, 60.83 feet;
Thence N22°17'21"W, 135.16 feet; Thence S64°30'09"W, 57.17 feet; Thence S70°59'48"W, 117.60 feet;
Thence S78°00'56"W, 223.03 feet; Thence S40°13'58"W, 108.48 feet; Thence S50°14'53"E, 124.04 feet;
Thence S37°18'02"W, 15.40 feet; Thence N55°09'02"W, 176.92 feet, to said POINT OF BEGINNING,
containing 57.49 acres, more or less, and subject to easements and restrictions of record.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City,
following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 20
ATTEST:
MAYOR CITY CLERK
Approved by: ~~~ ~ ~,~ ~ ~~~~~fZy-~~~
`City Attorney's Office ~ v j~
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 4 / 6 / 2009
Vote for passage: AYES: Wilburn, Bailey, Champion, Hayek, O'Donnell. NAYS: Wright,
Correia. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240;
(319)356-3243 (REZ08-00011)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and S 8~ J Development LLC (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 57.49 acres of property located
north of Rohret Road and East of Slothower Road; and
WHEREAS, Owner has requested the rezoning of said property from Low Density Single-Family
Residential (RS-5) to Planned Development Overlay Low Density Single-Family Residential
(OPD-5); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the improvement of Rohret Road to City standards, approval of the wetland
mitigation plan, and a plan for the long-term maintenance of the wetlands by the home owners'
association, the zoning is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa .City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to
ensure the development of the property is consistent with the Comprehensive Plan, to address
increased traffic demands by improving of Rohret Road to City standards, to provide for orderly
development of the subdivision, to plan for wetland mitigation and to provide for long-term
wetland maintenance; and
WHEREAS, Owner agrees to develop this property in accordance with the terms and conditions
of this Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. S & J Development LLC is the legal title holder of the property legally described as
follows:
Commencing at the South Quarter Corner of Section 13, Township 79 North, Range 7 West, of
the Fifth Principal Meridian; Thence N01°15'46"E, along the West Line of the Southeast Quarter
of said Section 13, a distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing
N01°15'46"E, along said West Line, 2141.50 feet, to the Southwest Corner of Auditor's Parcel
2002031, in accordance with the recorded plat thereof; S89°44'32"E, along said South line,
361.42 feet, to the Southeast Corner thereof; Thence N01°16'10"E, along the East line of said
Auditor's Parcel, 361.50, to the Northeast corner thereof; Thence S89°44'30"E, 354.25 feet, to
the Northwest Corner of Country Club Estates Second Addition, Iowa City, Iowa, in accordance
with the recorded plat thereof; Thence S14°51'48"E, along the West Line of said Country Club
Estates Second Addition, 221.57 feet; Thence S14°38'33"E, along said West Line, 97.48 feet;
Thence S00°07'09"E, along said line, 75.66 feet; Thence S18°21'00"W, along said line, 91.60
feet; Thence S20°38'15"W, along said line, 126.29 feet; Thence S11 °37'37"W, along said line,
478.88 feet, to a point on the West Line of Country Club Estates First Addition; Thence
N78°22'23"W, along said West line 217.77 feet; Thence S33°57'16"W, along said line, 170.83
feet; Thence S00°54'29"W, along said line, 80.00 feet; Thence S16°43'33"E, along said line,
83.79 feet; Thence S78°22'23"E, along said line, 287.00 feet; Thence N11°37'37"E, along said
line, 170.36 feet; Thence S78°22'23"E, along said South Line, 120.00 feet; Thence
S11 °37'37"W, along said line, 60.33 feet; Thence S78°22'23"E, along said line, 60.00 feet;
Thence Northeasterly 39.27 feet, along said South Line and an arc of a 25.00 foot radius curve,
concave Southeasterly, whose 35.36 foot chord bears N56°37'37"E; Thence S78°22'23"E,
along said line, 45.55 feet; Thence Southeasterly 31.07 feet, along said line and an arc of a
325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81 °06'43"E;
Thence S03°20'14"W, along said line, 126.16 feet; Thence S88°32'31"E, along said line, 226.92
feet, to the Northwest Corner of Auditor's Parcel 2006047, to Iowa City, Iowa, in accordance
with the recorded plat thereof; Thence S01 °27'29"E, along the West Line of said Auditor's
Parcel, 10.15 feet; Thence N81 °43'30"E, along the South Line of said Auditor's Parcel, 169.98
feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with
the Recorded Plat thereof; Thence S19°45'01"E, along said line, 386.21 feet; Thence
S68°04'47"W, along said West Line, 60.00 feet; Thence S46°03'38"E, along said West Line,
330.10 feet; Thence S53°55'32"E, along said West Line, 235.85 feet; Thence S21°17'53"E,
along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the
Centerline of Rohret Road; Thence S68°42'07"W, along said Centerline, 18.85 feet; Thence
S67°18'23"W, along said Centerline, 131.42 feet; Thence N67°00'50"W, along said Centerline,
52.72 feet; Thence S60°26'59"W, along said Centerline, 88.13 feet; Thence S59°56'46"W, along
said Centerline, 61.62 feet; Thence N29°33'01 "W, 306.87 feet; Thence N44°07'58"W, 92.84
feet; Thence Southwesterly, 668.20 feet, along an arc of a 1720.00 foot radius curve, concave
Northwesterly, whose 664.01 foot chord bears S56°59'48"W; Thence N21 °52'26'1N, 309.00
feet; Thence N12°36'51"W, 60.83 feet; Thence N22°17'21"W, 135.16 feet; Thence
S64°30'09"W, 57.17 feet; Thence S70°59'48"W, 117.60 feet; Thence S78°00'56"W, 223.03 feet;
Thence S40°13'58"W, 108.48 feet; Thence S50°14'53"E, 124.04 feet; Thence S37°18'02"W,
15.40 feet; Thence N55°09'02"W, 176.92 feet, to said POINT OF BEGINNING, containing 57.49
acres, more or less, and subject to easements and restrictions of record.
2. Owner acknowledges that the City wishes to ensure conformance to the principles of the
Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge
that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose
reasonable conditions on granting an owner's rezoning request over and above the
.existing regulations in order to satisfy public needs caused by the requested change.
3. In consideration for the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all requirements of the Iowa City
Zoning Code, as well as the following conditions (all lot and addition numbers are in
reference to the preliminary plat received March 18, 2009):
a. Owner shall, during the first phase of development, improve the portion of Rohret
Road adjacent to lots 1 and 38 to City standards at Owner's expense and extend
Lake Shore Drive from its current terminus to Rohret Road.
b. The Wetland Mitigation Plan shall be approved by the U.S. Army Corps of
Engineers.
c. Along term maintenance plan for the wetland private open space by the Home
Owners' Association shall be included in the Subdivider's Agreement entered into
by the City and the Owner at the time the City approves the final plat for any
portion of this development.
2
4. Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2007), and that said
conditions satisfy public needs caused by the requested zoning change.
5. Owner and City acknowledge that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform to the terms of this
Agreement.
6. The parties acknowledge that this Agreement shall be deemed to be a covenant running
with the land and with title to the land, and shall remain in full force and effect as a
covenant with title to the land, unless or until released of record by the City of Iowa City.
The parties further acknowledge that this Agreement shall inure to the benefit of and
bind all successors, representatives, and assigns of the parties.
7. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve Owner from complying with all other applicable local, state, .and
federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at Owner's expense.
Dated this day of , 20
OWNER CITY OF IOWA CITY
S 8~ J Development, LLC
By
Regenia D. Bailey, Mayor
By
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged
.~ ~~ sti~.~~ s~(name)
LLC.
c~~a` ~ a SANDRA STEIL
~~ Commission Number 747999
ow ~ ~~
before me on this ~ day of ~ ~,_, 2009, by
as .~~ (title))~S&J Development,
Notary Public in and for the State of Iowa
3
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of Iowa, County of Johnson, ss:
On this day of 2009, before me, the undersigned, a notary public
for the state of Iowa, personally appeared Regenia D. Bailey 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that
the seal attached thereto is the seal of said corporation by authority of its City Council; and that
the said Mayor and City Clerk acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
4
,~,j
,~~~~
Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240;
(319)356-3243 (REZ08-00011)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 18.58 ACRES OF PROPERTY
LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY
RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 44.29 ACRES FROM
RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND
79.27 RES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED
DEVELOP ENT OVERLAY LOW DENSITY SINGLE-FAMILY RES~ENTIAL (OPD-5). (REZ08-
00011) /
WHEREAS, the licant, S & J Development LLC, has requested rezoning of property located north
of Rohret Road and eas of Slothower Road from Interim Developmen Single-Family Residential (ID-RS) to
Low Density Single-Famil Residential (RS-5), from Rural Residenti (RR-1) to Low Density Single-Family
Residential (RS-5) and fro Low Density Single-Family Residenti to Planned Development Overlay Low
Density Single-Family Residen 'al (OPD-5); and
WHEREAS, the Comprehens a Plan indicates that the ar a is appropriate for single family housing; and
WHEREAS, the applicant has r uested a reductio in wetland buffers and wetland mitigation, which
requires a Level II Sensitive Areas Re 'wand Planne evelopment Overlay Rezoning. The Planning and
Zoning Commission has reviewed the quirements or wetland buffer reduction and mitigation and has
found that the proposal meets the require nts as tlined in Section 14-51-6 of the Iowa City Zoning Code;
and
WHEREAS, the Planning and Zoning Com fission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive PI ovided that it meets conditions addressing the need for
improvement of Rohret Road to City sta ards, phasing plan for the subdivision, the vacation of the
southern portion of Slothower Road, app val of th wetland mitigation plan, and a plan for the long-term
maintenance of the wetland by the hom wners' asso 'ation; and
WHEREAS, Iowa Code §414.5 (2007) provides th the City of Iowa City may impose reasonable
conditions on granting an applica 's rezoning request, o er and above existing regulations, in order to
satisfy public needs caused by t requested change; and
WHEREAS, the owner ha agreed that the property shall be eveloped in accordance with the terms and
conditions of the Conditiona oning Agreement attached hereto ensure appropriate development in this
area of the city.
NOW, THEREFO BE IT ORDAINED BY THE CITY COUN L OF THE CITY OF IOWA CITY,
IOWA: ~
SECTION I AP ROVAL. Subject to the Conditional Zoning Agreement ttached hereto and incorporated
herein, property scribed below is hereby reclassified from its current zoning designation of ID-RS to OPD-
5, RR-1 to OPD ,and RS-5 to OPD-5:
BEGINNI GAT THE SOUTHWEST CORNER OF SOUTHWEST ESTATES SUBDIVISION -PART
TWO, IOW CITY, IOWA; THENCE S68°42'07"W, ALONG THE CENTERLINE OF ROHRET ROAD,
° ,
18.85 F T; THENCE S67 1823 W, ALONG SAID CENTERLINE, 131:42 FEET; THENCE
S67°00' "W, ALONG SAID CENTERLINE, 52.57 FEET; THENCE S60°26'59"W, ALONG SAID
CENT LINE, 88.13 FEET; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 172.96 FEET;
TH CE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG
SAD CENTERLINE, 653.90 FEET; THENCE N00°15'40"W, 973.23 FEET; THENCE N01°15'46"E,
.2,281.07 FEET; THENCE S89°44'32"E, 361.42 FEET; THENCE N01°16'10'E, 361.50 FEET; THENCE
S89°44'30"E, 354.25 FEET, TO THE NORTHWEST CORNER OF COUNTRY CLUB ESTATES SECOND
Ordinance No.
Page 2
ADDITION, IOWA CITY, IOWA; THENCE S14°51'48"E, ALONG THE WESTERLY LINE OF SAID
COUNTRY CLUB ESTATES SECOND ADDITION, 221.57 FEET; THENCE S14°38'33"E, ALONG SAID
WESTERLY LINE, 97.48 FEET; THENCE S00°07'09"E, ALONG SAID WESTERLY LINE, 75.66 FEET;
THENCE S18°21'00"W, ALONG SAID WESTERLY LINE, 91.60 FEET; THENCE S20°38'15"W, ALONG
SAID WESTERLY LINE, 126.29 FEET; THENCE S11°37'37"W, ALONG SAID WESTERLY LINE, 478.88
FEET, TO A POINT ON THE WESTERLY LINE OF COUNTRY CLUB ES, ATES FIRST ADDITION,
IOWA CITY, IOWA; THENCE N78°22'23"W, ALONG SAID WESTERLY LI , 271.77 FEET; THENCE
S33°57'16"W, ALONG SAID WESTERLY LINE, 170.83 FEET; THENCE 00°54'29"W, ALONG SAID
WESTERLY LINE, 80.00 FEET; THENCE S16°43'33"E, ALONG SAID W STERLY LINE, 83.79 FEET;
THENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 287.00 FEET; ENCE N11°37'37"E, ALONG
SAID WESTERLY LINE, 170.36 FEET; THENCE S78°22'23"E, ALONG AID WESTERLY LINE, 120.00
FEET; THENCE S11°37'3 "W, ALONG THE SOUTHERLY LINE OF AID COUNTRY CLUB ESTATES
FIRST ADDITION, 60.33 F T; THENCE S78°22'23"E, ALONG SAI SOUTHERLY LINE, 60.00 FEET;
THENCE NORTHEASTERLY, 9.27 FEET, ALONG SAID SOUTHE LY LINE, AND AN ARC OF A 25.00
FOOT RADIUS CURVE, CO CAVE SOUTHEASTERLY, WH E 35.36 FOOT CHORD BEARS
N56°37'37"E; THENCE S78°22 3"E, ALONG SAID SOUTH LY LINE, 45.55 FEET; THENCE
SOUTHEASTERLY, 31.07 FEET, ONG SAID SOUTHERLY LI E, AND AN ARC OF A 325.00 FOOT
RADIUS CURVE, CONCAVE NORT ASTERLY, WHOSE 31. 6 FOOT CHORD BEARS S81°06'43"E;
THENCE S03°20'14"W, ALONG SAID UTHERLY LINE, 126 6 FEET; THENCE S88°32'31"E, ALONG
SAID SOUTHERLY LINE, 226.92 FEE ,THENCE S01°27'2 'W, 10.15 FEET; THENCE N81°43'30"E,
169.98 FEET; THENCE S19°45'01"E, 386. 1 FEET, TO A P INT ON THE WESTERLY LINE OF SAID
SOUTHWEST ESTATES SUBDIVISION PART TW THENCE S68 0447 W, ALONG SAID
WESTERLY LINE, 260.00 FEET; THENCE S4 °03'38"E, A ONG SAID WESTERLY LINE, 330.10 FEET;
THENCE S53°55'32"E, ALONG SAID WESTE Y LINE, 35.85 FEET; THENCE S21°17'53"E, ALONG
SAID WESTERLY LINE, 412.93 FEET, TO SAID OINT OF BEGINNING, CONTAINING 79.27 ACRES,
AND SUBJECT TO EASEMENTS AND RESTRICT N OF RECORD
SECTION 11. ZONING MAP. The building official is ereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to thi endment upon the final passage, approval and
publication of the ordinance as approved by law.
sign, and the City Clerk attest, the Conditional Zc
following passage and approval of this Ordinance.
City Clerk is hereby authorized and directed
Office of the County Recorder, Johnson Cc
approval and publication of this ordinance, as
ENT. a mayor is hereby authorized and directed to
n' g Agreem t between the property owner and the City,
ZDING. Upon pas ge and approval of the Ordinance, the
;rtify a copy of this dinance, and record the same in the
Iowa, at the Owne expense, upon the final passage,
ided by law.
SECTION V. REPEALER. All ordinan es and parts of ordinances in c nflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If a section, provision or part of the Ordina ce shall be adjudged to be
invalid or unconstitutional, such adjudic tion shall not affect the validity of the Ordnance as a whole or any
section, provision or part thereof not a udged invalid or unconstitutional. '~~
SECTION VII. EFFECTIVE DA E. This Ordinance shall be in effect after its fin passage, approval
and publication, as provided by law.
Passed and approved this day of , 20
ATTEST:
MAYOR CITY CLERK
Approved by: ~
City Attorney' Office „/Z` /~
Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240;
(319)356-3243 (REZ08-00011)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and S & J Development LLC (hereinafter "Owner");
WHEREAS, Owner is the legal title holder of approximately 79.27 a~res of property located
north of Rohret Road and East of Slothower Road; and
WHEREAS, the Owner has requested the rezoning of said property rom Interim Development
Single-Family Residential (ID-RS) to Low Density Single-Family Re dential (RS-5), from Rural
Residential (RR-1) to Low Density Single-Family Residential (RS-5) d from Low Density Single-
Family Reside tial to Planned Development Overlay Low Dens' y Single-Family Residential
(OPD-5); and
WHEREAS, the P nning and Zoning Commission has determined that, with appropriate
conditions regarding a improvement of Rohret Road to City tandards, a phasing plan for the
subdivision, the vacatio of the southern portion of Slotho er Road, approval of the wetland
mitigation plan, and a pla for the long-term maintenance the wetland by the home owners'
association, the zoning is in nformance with the Compre nsive Plan; and
WHEREAS, Iowa Code §414. (2007) provides that the City of Iowa City may impose
reasonable conditions on grantin an applicant's rezo ing request, over and above existing
regulations, in order to satisfy public eds caused by t e requested change; and
WHEREAS, the Owner acknowledge th certain co ditions and restrictions are reasonable to
ensure the development of the property is onsiste with the Comprehensive Plan, to address
increased traffic demands by improving of R ret oad to City standards, to provide for orderly
development of the subdivision, to mitigate u e and/or triple fronting lots, and to plan for
wetland mitigation and to provide for long-term w land maintenance; and
WHEREAS, the Owner agrees to develop~is pr~erty in accordance with the terms and
conditions of a Conditional Zoning Agreemen . \
NOW, THEREFORE, in consideration of the mutual pro ises contained herein, the parties
agree as follows:
1. S & J Development LLC is a legal title holder of the roperty legally described as
follows:
BEGINNING AT THE SOUTHWEST CORNER OF UTHWEST ESTATES
SUBDIVISION -PART O, IOWA CITY, IOWA; THENCE S6 °42'07"W, ALONG THE
CENTERLINE OF RO RET ROAD, 18.85 FEET; THENCE S67° '23"W, ALONG SAID
CENTERLINE, 131. 2 FEET; THENCE S67°00'50"W, ALONG AID CENTERLINE,
52.57 FEET; TH CE S60°26'59"W, ALONG SAID CENTERL , E, 88.13 FEET;
THENCE S59° '46"W, ALONG SAID CENTERLINE, 172.96FEET; THENCE
S59°43'58"W, ,LONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W,
ALONG SAID,~CENTERLINE, 653.90 FEET; THENCE N00°15'40"W, 973.23 FEET;
THENCE N01°15'46"E, 2,281.07 FEET; THENCE S89°44'32"E, 361.42 FEET; THENCE
N01°16'10'E, 361.50 FEET; THENCE S89°44'30"E, 354.25 FEET, TO THE
NORTHWEST CORNER OF COUNTRY CLUB ESTATES SECOND ADDITION, IOWA
CITY, IOWA; THENCE S14°51'48"E, ALONG THE WESTERLY LINE OF SAID
COUNTRY CLUB ESTATES SECOND ADDITION, 221.57 FEET; THENCE
S14°38'33"E, ALONG SAID WESTERLY LINE, 97.48 FEET; THENCE S00°07'09"E,
ALONG SAID WESTERLY LINE, 75.66 FEET; THENCE S18°21'00"W, ALONG SAID
WESTERLY LINE, 91.60 FEET; THENCE S20°38'15"W, ALONG SAID WESTERLY
LINE, 126.29 FEET; THENCE S11°37'37"W, ALONG SAID WESTERLY LINE, 478.88
FEET, TO A POINT ON THE WESTERLY LINE OF COUNTRY LUB ESTATES FIRST
ADDITION, IOWA CITY, IOWA; THENCE N78°22'23"W, ALO G SAID WESTERLY
LINE, 271. FEET; THENCE S33°57'16"W, ALONG SAID W STERLY LINE, 170.83
FEET; THE E S00°54'29"W, ALONG SAID WESTERLY LIN , 80.00 FEET; THENCE
S16°43'33"E, LONG SAID WESTERLY LINE, 83.79 FEET, THENCE S78°22'23"E,
ALONG SAID STERLY LINE, 287.00 FEET; THENCE 1°37'37"E, ALONG SAID
WESTERLY LIN 170.36 FEET; THENCE S78°22'23"E, LONG SAID WESTERLY
LINE, 120.00 FEE ,THENCE S11°37'37"W, ALONG THE OUTHERLY LINE OF SAID
COUNTRY CLUB E ATES FIRST ADDITION, 60.33 EET; THENCE S78°22'23"E,
ALONG SAID SOUTH RLY LINE, 60.00 FEET; THE E NORTHEASTERLY, 39.27
FEET, ALONG SAID S THERLY LINE, AND AN C OF A 25.00 FOOT RADIUS
CURVE, CONCAVE SO THEASTERLY, WHOSE 35.36 FOOT CHORD BEARS
N56°37'37"E; THENCE S78 2'23"E, ALONG SAI SOUTHERLY LINE, 45.55 FEET;
THENCE SOUTHEASTERLY, 1.07 FEET, ALON SAID SOUTHERLY LINE, AND AN
ARC OF A 325.00 FOOT RAD S CURVE, CO CAVE NORTHEASTERLY, WHOSE
31.06 FOOT CHORD BEARS 1°06'43"E; ENCE S03°20'14"W, ALONG SAID
SOUTHERLY LINE, 126.16 FEET; HENCE S 8°32'31"E, ALONG SAID SOUTHERLY
LINE, 226.92 FEET; THENCE SO °27'29' 10.15 FEET; THENCE N81°43'30"E,
169.98 FEET; THENCE S19°45'01"E, 6.2 FEET, TO A POINT ON THE WESTERLY
LINE OF SAID SOUTHWEST ESTA SUBDIVISION -PART TWO; THENCE
S68°04'47"W, ALONG SAID WESTERL INE, 260.00 FEET; THENCE S46°03'38"E,
ALONG SAID WESTERLY LINE, 330.1 ET; THENCE S53°55'32"E, ALONG SAID
° ~ ~~
WESTERLY LINE, 235.85 FEET; TH CE 21 17 53 E, ALONG SAID WESTERLY
LINE, 412.93 FEET, TO SAID POINT OF B INNING, CONTAINING 79.27 ACRES,
AND SUBJECT TO EASEMENTS A RESTRI TIONS OF RECORD
2. The Owner acknowledges that the ity wishes toe sure conformance to the principles
of the Comprehensive Plan an the Southwest ~ trict Plan. Further, the parties
acknowledge that Iowa Code 14.5 (2007) provide that the City of Iowa City may
impose reasonable conditions on granting an applica 's rezoning request, over and
above the existing regulation , in order to satisfy public n eds caused by the requested
change.
3. In consideration for th City's rezoning the subject pro rty, Owner agrees)that
development of the su ect property will conform to all requir merits of the Iowa City
Zoning Code, as well as the following conditions (all lot and dition numbers are in
reference to the preli inary plat received January 30, 2009):
a. Owner sh I, during the first phase of development, improve tie portion of Rohret
Road a acent to lots 1 and 38 to City standards at Owner's expense and extend
Lake ore Drive from its current terminus to Rohret Road.
b. De elopment of the Seventh Addition (lots 112-139) and Eighth Addition (lots
140=170) shall not occur until the improvements of the remainder of Rohret Road
are in the CIP and the Owner pays its fair share (12.5%) of the improvements.
2
c. The Seventh and Eighth Addition shall be developed only after the Third through
Sixth Additions are completed, unless Rohret Road is improved adjacent to the
proposed development prior to or simultaneously with their construction.
d. The portion of Slothower Road from the northern bo dary of Lot 119 south to
Rohret Road shall be vacated prior to the developme of the Seventh Addition
and Lots 152 - 170 in the Eighth Addition. If this po ion of Slothower Road is
not vacated, the area shall not be preliminary platted ntil an alternate design is
created that eliminates the double fronting lots.
e.~The Wetland Mitigation Plan shall be approved~by the U.S. Army Corps of
f. A I g term maintenance plan for the wetlan private open space by the Home
Own s' Association shall be included in the bdivider's Agreement entered into
by the ity and the Owner at the time the City approves the final plat for any
portion o his development.
4. The Owner and Cit acknowledge that the co itions contained herein are reasonable
conditions to impose on the land under to a Code §414.5 (2007), and that said
conditions satisfy public eeds that are cause by the requested zoning change.
5. The Owner and City ackn ledge that in a event the subject property is transferred,
sold, redeveloped, or subdi ' ed, all red elopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Co itional Zoning Agreement shall be deemed to be
a covenant running with the land a with title to the land, and shall remain in full force
and effect as a covenant with title t the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge~at this~reement shall inure to the benefit of and bind
all successors, representatives, nd assign of the parties.
7. The Owner acknowledges t t nothing in th Conditional Zoning Agreement shall be
construed to relieve the O ner or Applicant om complying with all other applicable
local, state, and federal re lations.
8. The parties agree that his Conditional Zoning reement shall be incorporated by
reference into the ordi nce rezoning the subject p perty, and that upon adoption and
publication of the ord' ance, this agreement shall b recorded in the Johnson County
Recorder's Office at a Applicant's expense.
Dated this ~y of
20
OWNER CITY OF IOWA
S & J D ~ment, LC
BY.
3
Regenia D. Bailey, Mayor
By
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office ~~~~ l~ ~
LIMITED LIABIL COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was ackn ledged before me on this //~ day of ~~' 2009, by
ria n S~~ name) as n1Ga.n (ti e) of S&J Development,
LLC.
7',x.3 o`J
Nota Public in nd for the State of Iowa
CITY OF IOWA CITY ACKNOWLEDGEM'~NT:
State of Iowa, County of Johnson, ss:
On this day of
for the state of Iowa, personally appeared
personally known, who, being by me duly s
respectively, of the City of Iowa City, low , e
the seal attached thereto is the seal of s id c
the said Mayor and City Clerk ack
voluntary act and deed of said corpor do
rn, d
before me, the undersigned, a notary public
enia D. Bailey and Marian K. Karr, to me
i say that they are the Mayor and City Clerk,
ti the. within and foregoing instrument; that
ati by authority of its City Council; and that
ecution of said instrument to be the
t m voluntarily executed.
Notary Public in
4
for the State of Iowa
wledged the
n, by it and by
Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240;
(319)356-5243 (REZ08-00011)
CONDITIONAL ZONING AGREE ENT
THIS AGRE MENT is made between the City of Iowa Ci Iowa, a municipal corporation
(hereinafter "~ty"), and S & J Development LLC (hereinafter Owner");
WHEREAS, Ow r is the legal title holder of approxima ly 60.28 acres of property located
north of Rohret Ro d and East of Slothower Road; and
WHEREAS, the Owne has requested the rezoning of aid property from Interim Development
Single-Family Residenti (ID-RS) to Low Density Sin le-Family Residential (RS-5), from Rural
Residential (RR-1) to Low ensity Single-Family Resi ntial (RS-5) and from Low Density Single-
Family Residential to Plan d Development Overl y Low Density Single-Family Residential
(OPD-5); and
WHEREAS, the Planning and oning Commis ion has determined that, with appropriate
conditions regarding the improvem t of Rohret oad to City standards, approval of the wetland
mitigation plan, and a plan for the to g-term m ntenance of the wetland by the home owners'
association, the zoning is in conforman a with t e Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2007) ro ides that the City of Iowa City may impose
reasonable conditions on granting an app ' ant's rezoning request, over and above existing
regulations, in order to satisfy public needs sed by the requested change; and
WHEREAS, the Owner acknowledges tha cert 'n conditions and restrictions are reasonable to
ensure the development of the property i consis ent with the Comprehensive Plan, to address
increased traffic demands by improving ohret R ad to City standards, to provide for orderly
development of the subdivision, and to Ian for wet nd mitigation and to provide for long-term
wetland maintenance; and
WHEREAS, the Owner agrees to velop this prope y in accordance with the terms and
conditions of a Conditional Zoning A Bement.
NOW, THEREFORE, in consider ion of the mutual pro 'ses contained herein, the parties
agree as follows:
1. S 8~ J Development LL is the legal title holder of th property legally described as
follows:
Commencing at the South Q arter Corner of Section 13, Township 79 North, Range 7 West, of
the Fifth Principal Meridian; hence N01 °15'46"E, along the West Li a of the Southeast Quarter
of said Section 13, a distan a of 139.57 feet, to the POINT OF BEGI NING; Thence continuing
N01 °15'46"E, along said est Line, 2141.50 feet, to the Southwest rner of Auditor's Parcel
2002031, in accordance with the recorded plat thereof; S89°44'32"E, along said South line,
361.42 feet, to the So east Corner thereof; Thence N01 °16'10"E, alon the East line of said
Auditor's Parcel, 361. 0, to the Northeast corner thereof; Thence S89°44'30"E, 354.25 feet, to
the Northwest Corne of Country Club Estates Second Addition, Iowa City, Iowa, in accordance
with the recorded pl t thereof; Thence S14°51'48"E, along the West Line of said Country Club
Estates Second Addition, 221.57 feet; Thence S14°38'33"E, along said West Line, 97.48 feet;
Thence S00°07'09"E, along said line, 75.66 feet; Thence S18°21'00"W, along said line, 91.60
feet; Thence S20°38'15"W, along said line, 126.29 feet; Thence S11°37'37"W, along said line,
410.20 feet; Thence S67°05'42"E, 130.34 feet; Thence S22°54'18"W, 55.00 feet; Thence
S07°54'18"W, 189.98 feet, to a point on the South Line of Country Club Estates First Addition;
Thence S78°22'23"W, along said South Line, 55.60 feet; Thence Northeasterly 39.27 feet, along
said South Line and an arc of a 25.00 foot radius curve, concave Southeasterly, whose 35.36
foot chord bears N56°37'37"E; Thence S78°22'23"E, along said line, 45.55 feet; Thence
Southeasterly 31.07 feet, along said line and an arc of a 325.00 of radius curve, concave
Northeasterly, whose 31.06 foot chord bears S81 °06'43"E; Thenc S03°20'14"W, along said
line, 126.16 feet; Thence S88°32'31 "E, along said line, 226.92 fee , to the Northwest Corner of
Auditor's Parcel 2006047, to Iowa City, Iowa, in accordance w h the recorded plat thereof;
Thence S01 °27'29"E, along the West Line of said Auditor' Parcel, 10.15 feet; Thence
N81 °43'30"E, a ong the South Line of said Auditor's Parcel, 16 .98 feet, to a Point on the West
Line of Southw t Estates Subdivision Part Two, in accordanc with the Recorded Plat thereof;
Thence S19°45' 1"E, along said line, 386.21 feet; Thence S6 °04'47"W, along said West Line,
60.00 feet; Thenc S46°03'38"E, along said West Line, 330.1 feet; Thence S53°55'32"E, along
said West Line, 23 85 feet; Thence S21 °17'53"E, along aid West Line, 412.93 feet, to the
Southwest Corner t ereof, and a Point on the Cen rline of Rohret Road; Thence
S68°42'07"W, along s ' Centerline, 18.85 feet; Thence 67°18'23"W, along said Centerline,
131.42 feet; Thence N6 °00'50"W, along said Centerl' e, 52.72 feet; Thence S60°26'59"W,
along said Centerline, 88.13 feet; Thence S59°56'4 along said Centerline, 61.62 feet;
Thence N29°33'01 "W, 306. feet; Thence N44°07' "W, 92.84 feet; Thence Southwesterly,
668.20 feet, along an arc of a 720.00 foot radius c e, concave Northwesterly, whose 664.01
foot chord bears S56°59'48"W; hence N21 °52'26' , 309.00 feet; Thence N 12°36'51 "W, 60.83
feet; Thence N22°17'21"W, 5.16 feet; T nce S64°30'09"W, 57.17 feet; Thence
S70°59'48"W, 117.60 feet; Thenc S78°00'56" 223.03 feet; Thence S40°13'58"W, 108.48
feet; Thence S50°14'53"E, 124.04 fe ;Thence 37°18'02"W, 15.40 feet; Thence N55°09'02"W,
176.92 feet, to said POINT OF BEGI ING, ntaining 60.28 acres, more or less, and subject
to easements and restrictions of record.
2. The Owner acknowledges that the 'ty wishes to ensure conformance to the principles
of the Comprehensive Plan and the Southwest District Plan. Further, the parties
acknowledge that Iowa Code § 4.5 ( 07) provides that the City of Iowa City may
impose reasonable conditions n grantin an applicant's rezoning request, over and
above the existing regulations, m order to s isfy public needs caused by the requested
change.
3. In consideration for the ity's rezoning the s bject property, Owner agrees that
development of the subje t property will conform all requirements of the Iowa City
Zoning Code, as well a the following conditions (a lot and addition numbers are in
reference to the prelimi ry plat received March 18, 20 ):
a. Owner shall, d ring the first phase of development, ' prove the portion of Rohret
Road adjace to lots 1 and 38 to City standards at wner's expense and extend
Lake Shore rive from its current terminus to Rohret ad.
b. The Wetl nd Mitigation Plan shall be approved by t e U.S. Army Corps of
Enginee s.
A Ion term maintenance plan for the wetland private open space by the Home
Own rs' Association shall be included in the Subdivider's Agreement entered into
by , e City and the Owner at the time the City approves the final plat for any
portion of this development.
2
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2007), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agre ment shall be deemed to be
a covenant running with the land and with title to the Ian ,and shall remain in full force
anc~effect as a covenant with title to the land, unless or until released of record by the
City f Iowa City.
The pa ies further acknowledge that this agreemen~hall inure to the benefit of and bind
all succe ors, representatives, and assigns of the arties.
7. The Owner cknowledges that nothing in this onditional Zoning Agreement shall be
construed to lieve the Owner or Applicant om complying with all other applicable
local, state, and deral regulations.
8. The parties agree at this Conditional Wing Agreement shall be incorporated by
reference into the or ' ance rezoning the ubject property, and that upon adoption and
publication of the ordi nce, this agree ent shall be recorded in the Johnson County
Recorder's Office at the plicant's exp se.
Dated this day of
OWNER
S & J Development, LLC
20
CITY OF IOWA CITY
By
Regenia D. Bailey, Mayor
Marian K. Karr, City Clerk
by:
~~
~~
City
LIMITED LIABILITY CO
STATE OF IOWA
ACKNOWLEDGEMENT:
ss:
JOHNSON COUNTY )
This instrument wa~ acknowledged before me on this
(name) as
LLC.
's Office 3l3 ~~~ 9
day of` 2009, by
_ (title)~of S&J Development,
3
Notary Public in and for the State of Iowa
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of lo~a, County of Johnson, ss:
On this day of 2009, befor me, the undersigned, a notary public
for the state of owa, personally appeared Regenia .Bailey and Marian K. Karr, to me
personally known, ho, being by me duly sworn, did s y that they are the Mayor and City Clerk,
respectively, of the of Iowa City, Iowa, executin the within and foregoing instrument; that
the seal attached there is the seal of said corpor ion by authority of its City Council; and that
the said Mayor and Cit Clerk acknowledged a execution of said instrument to be the
voluntary act and deed of s ~d corporation, by it d by them voluntarily executed.
Public in and for the State of Iowa
4
Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240;
(319)356-5243 (REZ08-00011)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.98 ACRES OF PROPERTY
LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY
RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 40.13 ACRES FROM
RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND
60.28 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED
DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDC-t~TIAL (OPD-5). (REZ08-
000,11) /
WHE AS, Owner, S & J Development LLC, has requested a rezoning of property located north of
Rohret Roa and east of Slothower Road from Interim Development Single- amity Residential (ID-RS) to
Low Density gle-Family Residential (RS-5), from Rural Residential (RR-1 to Low Density Single-Family
Residential (RS- and from Low Density Single-Family Residentiai to Pla Wed Development Overlay Low
Density Single-Fa Residential (OPD-5); and
WHEREAS, the C~nprehensive Plan indicates that the area is appropriate for single family housing; and
WHEREAS, Owner h requested a reduction in wetland buffers nd wetland mitigation, which requires
a Level II Sensitive Areas view and Planned Development Overt Rezoning. The Planning and Zoning
Commission has reviewed th equirements for wetland buffer red ction and mitigation and has found that
the proposal meets the requirem nts as outlined in Section 14-51-6 f the Iowa City Zoning Code; and
WHEREAS, the Planning and Wing Commission has revi ed the proposed rezoning and determined
that it complies with the Comprehens a Plan provided that it eets conditions addressing the need for the
improvement of Rohret Road to City st Bards, approval of a wetland mitigation plan, and a plan for the
long-term maintenance of the wetland by t e home owners' ssociation; and
WHEREAS, Iowa Code §414.5 (2007) rovides t t the City of Iowa City may impose reasonable
conditions on granting an applicant's rezonin reque ,over and above existing regulations, in order to
satisfy public needs caused by the requested ch nge~ and
WHEREAS, Owner has agreed that the prope shall be developed in accordance with the terms and
conditions of the Conditional Zoning Agreement a ed hereto to ensure appropriate development in this
area of the city.
NOW, THEREFORE, BE IT ORDAINE BY THE TY COUNCIL OF THE CITY OF IOWA CITY,
IOWA: \
SECTION I APPROVAL. Subject tot a Conditional Zoning greement attached hereto and incorporated
herein, property described below is her y reclassified from its c rrent zoning designation of ID-RS to OPD-
5, RR-1 to OPD-5, and RS-5 to OPD-5~
Commencing at the South Q rter Corner of Section 13, Tow ship 79 North, Range 7 West, of the
Fifth Principal Meridian; Thenc N01°15'46"E, along the West Lin of the Southeast Quarter of said
Section 13, a distance of 13 7 feet, to the POINT OF BEGINNIN ;Thence continuing N01°15'46"E,
along said West Line, 2141 0 feet, to the Southwest Corner of Audito ' Parcel 2002031, in accordance
with the recorded plat th_ of; S89°44'32"E, along said South line, 361.42 feet, to the Southeast Corner
thereof; Thence N01°1610"E, along the East line of said Auditor's Parcel, 361.50, to the Northeast corner
thereof; Thence S89°44'30"E, 354.25 feet, to the Northwest Corner of Country Club Estates Second
Addition, Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S14°51'48"E, along the
West Line of said Country Club Estates Second Addition, 221.57 feet; Thence S14°38'33"E, along said
West Line, 97.48 feet; Thence S00°07'09"E, along said line, 75.66 feet; Thence S18°21'00"W, along said
Ordinance No.
Page 2
line, 91.60 feet; Thence S20°38'15"W, along said line, 126.29 feet; Thence S11°37'37"W, along said line,
410.20 feet; Thence S67°05'42"E, 130.34 feet; Thence S22°54'18"W, 55.00 feet; Thence S07°54'18"W,
189.98 feet, to a point on the South Line of Country Club Estates First Addition; Thence S78°22'23"W,
along said South Line, 55.60 feet; Thence Northeasterly 39.27 et, along said South Line and an arc of a
25.00 foot radius curve, concave Southeasterly, whose 35.3 foot chord bears N56°37'37"E; Thence
S78°22'23"E, a ong said line, 45.55 feet; Thence Southeaster 31.07 feet, along said line and an arc of a
325.00 foot ra s curve, concave Northeasterly, whose 3 .06 foot chord bears S81°06'43"E; Thence
S03°20'14"W, al g said line, 126.16 feet; Thence S88° '31"E, along said line, 226.92 feet, to the
Northwest Corner Auditor's Parcel 2006047, to Iowa Ci ,Iowa, in accordance with the recorded plat
thereof; Thence SO °27'29"E, along the West Line o said Auditor's Parcel, 10.15 feet; Thence
N81°43'30"E, along the South Line of said Auditor's Par el, 169.98 feet, to a Point on the West Line of
Southwest Estates Sub vision Part Two, in accord ce with the Recorded Plat thereof; Thence
° ~ ~~
S19°45'01"E, along said lin 386.21 feet; Thence S68 0 47 W, along said West Line, 60.00 feet; Thence
S46°03'38"E, along said We Line, 330.10 feet; Thenc S53°55'32"E, along said West Line, 235.85 feet;
Thence S21 °17'53"E, along sai West Line, 412.93 fe t, to the Southwest Corner thereof, and a Point on
the Centerline of Rohret Roa ;Thence S68°42' 7"W, along said Centerline, 18.85 feet; Thence
S67°18'23"W, along said Centerlin 131.42 feet; Th nce N67°00'50"W, along said Centerline, 52.72 feet;
Thence S60°26'59"W, along said nterline, 88.1 feet; Thence S59°56'46"W, along said Centerline,
61.62 feet; Thence N29°33'01 "W, 30 87 feet; Th nce N44°07'58"W, 92.84 feet; Thence Southwesterly,
668.20 feet, along an arc of a 1720.00 f t radius urve, concave Northwesterly, whose 664.01 foot chord
bears S56°59'48"W; Thence N21°52'2 "W, 9.00 feet; Thence N12°36'51"W, 60.83 feet; Thence
N22°17'21"W, 135.16 feet; Thence S64°30 9" , 57.17 feet; Thence S70°59'48"W, 117.60 feet; Thence
S78°00'56"W, 223.03 feet; Thence S40°13'5 , 108.48 feet; Thence S50°14'53"E, 124.04 feet; Thence
S37°18'02"W, 15.40 feet; Thence N55°09'02" , 176.92 feet, to said POINT OF BEGINNING, containing
60.28 acres, more or less, and subject to ea m nts and restrictions of record.
SECTION II. ZONING MAP. The buil ' g offici is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to c form to th' amendment upon the final passage, approval and
publication of the ordinance as approved y law.
SECTION III. CONDITIONAL ZO NG AGREEMEN .The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Co ditional Zoning Agr ment between the property owner and the City,
following passage and approval of thi Ordinance.
SECTION IV. CERTIFICATIO AND RECORDING. Upo passage and approval of the Ordinance, the
City Clerk is hereby authorized an directed to certify a copy o this ordinance, and record the same in the
Office of the County Recorder, Jo nson County, Iowa, at Owner's xpense, upon the final passage, approval
and publication of this ordinance, s provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinan sin conflict with the provisions of this
Ordinance are hereby repeale .
SECTION VI. SEVER ILITY. If any section, provision or part oft Ordinance shall be adjudged to be
invalid or unconstitutional, uch adjudication shall not affect the validity the Ordinance as a whole or any
section, provision or part ereof not adjudged invalid or unconstitutional.
,TE. This Ordinance shall be in effect'~fter its final passage, approval
and publication, as pr ided by law.
Passed and app ved this day of
MAYOR
ATTEST:
20
CITY CLERK
Approved by.: ~ a ~ ~tiw"G~~ ~,i~~
City Attorney's Office ~~~~~ v~
Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240;
(319)356-5243 (REZ08-00011)
ORDINANCE NO.
AN ORDINANCE CONDIT ONALLY REZONING APPROXIMATELY 0.98 ACRES OF PROPERTY
LOCATED NORTH OF OHRET ROAD FROM INTE~21M DEVELOPMENT SINGLE-FAMILY
RESIDENTIAL (ID-RS) TO OW DENSITY SINGLE-FAMI Y RESIDENTIAL, 40.13 ACRES FROM
RURAL RESIDENTIAL (RR- TO LOW DENSITY SING E-FAMILY RESIDENTIAL (RS-5) AND
60.28 ACRES FROM LO DENSITY SINGLE-FA ILY RESIDENTIAL TO PLANNED
DEVELOPMENT OVERLAY L DENSITY SINGLE-FA ILY RESIDENTIAL (OPD-5). (REZ08-
00011)
WHEREAS, Owner, S & J Developm nt LLC, has n
Rohret Road and east of Slothower Road om Interim C
Low Density Single-Family Residential (RS-5 from Rural
Residential (RS-5) and from Low Density Sin e-Family F
Density Single-Family Residential (OPD-5); and
a rezoning of property located north of
ent Single-Family Residential (ID-RS) to
tial (RR-1) to Low Density Single-Family
al to Planned Development Overlay Low
WHEREAS, the Comprehensive Plan indicates`~hat the
is appropriate for single family housing; and
WHEREAS, Owner has requested a reduction in etla d buffers and wetland mitigation, which requires
a Level II Sensitive Areas Review and Planned Devel rrJ~ent Overlay Rezoning. The Planning and Zoning
Commission has reviewed the requirements for wetlan uffer reduction and mitigation and has found that
the proposal meets the requirements as outlined in Secti 14-51-6 of the Iowa City Zoning Code; and
WHEREAS, the Planning and Zoning Commission Dias r viewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provide that it eets conditions addressing the need for the
improvement of Rohret Road to City standards, appr val of th wetland mitigation plan, and a plan for the
long-term maintenance of the wetland by the home o Hers' asso ~ tion; and
WHEREAS, Iowa Code §414.5 (2007) provi es that the Ci of Iowa City may impose reasonable
conditions on granting an applicant's rezoning r quest, over and ove existing regulations, in order to
satisfy public needs caused by the requested ch nge; and
WHEREAS, Owner has agreed that the p perty shall be develope in accordance with the terms and
conditions of the Conditional Zoning Agreem nt attached hereto to ensur appropriate development in this
area of the city.
NOW, THEREFORE, BE IT ORDAIf)I'~D BY THE CITY COUNCIL
IOWA:
SECTION I APPROVAL. Subject t the Conditional Zoning Agreement att
herein, property described below is h reby reclassified from its current zoning
5, RR-1 to OPD-5, and RS-5 to OP -5:
THE CITY OF IOWA CITY,
hereto and incorporated
ration of ID-RS to OPD-
Commencing at the South ~uarter Corner of Section 13, Township 79 North, Range 7 West, of the
Fifth Principal Meridian; Thence N01°15'46"E, along the West Line of the Southeast Quarter of said
Section 13, a distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01°15'46"E,
along said West Line, 2141.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance
with the recorded plat thereof; S89°44'32"E, along said South line, 361.42 feet, to the Southeast Corner
° ~~
thereof; Thence N01 1610 E, along the East line of said Auditor s Parcel, 361.50, to the Northeast corner
thereof; Thence S89°44'30"E, 354.25 feet, to the Northwest Corner of Country Club Estates Second
Addition, Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S14°51'48"E, along the
West Line of said Country Club Estates Second Addition, 221.57 feet; Thence S14°38'33"E, along said
West Line, 97.48 feet; Thence S00°07'09"E, along said line, 75.66 feet; Thence S18°21'00"W, along said
Ordinance No.
Page 2
line, 91.60 feet; Thence S20°38'15"W, along said line, 126.29 feet; Thence S11°37'37"W, along said line,
410.20 feet; Thence S67°05'42"E, 130.34 feet; Thence S22°54'18"W, 55.00 feet; Thence S07°54'18"W,
189.98 feet, to a point on the South Line of Country Club Estates First Addition; Thence S78°22'23"W,
along said South Line, 55.60 feet; Thence Northeasterly 39.27 feet, along said South Line and an arc of a
25.00 foot radius curve, oncave Southeasterly, whose 35.36 foot chord bears N56°37'37"E; Thence
S78°22'23"E, along said lin , 45.55 feet; Thence Southeasterly 31.07 feet, along said line and an arc of a
325.00 foot radius curve, c cave Northeasterly, whose 31.06 foot chord bears S81°06'43"E; Thence
S03°20'14"W, along said line, 126.16 feet; Thence S88°32'31"E, along said line, 226.92 feet, to the
Northwest Corner of Auditor's P cel 2006047, to Iowa City, Iowa, in accordance with the recorded plat
thereof; Thence S01 °27'29"E, al g the West Line of said Auditor's Parcel, 10.15 feet; Thence
N81°43'30"E, along the South Line o said Auditor's Parcel, 169.98 feet, to a Point on the West Line of
Southwest Estates Subdivision Part wo, in accordance with the Recorded Plat thereof; Thence
S19°45'01"E, along said line, 386.21 feet; hence S68°04'47"W, along said West Line, 60.00 feet; Thence
S46°03'38"E, along said West Line, 330.10 et; Thence S53°55'32"E, along said West Line, 235.85 feet;
Thence S21°17'53"E, along said West Line, 2.93 feet, to the Southwest Corner thereof, and a Point on
the Centerline of Rohret Road; Thence S °42'07"W, along said Centerline, 18.85 feet; Thence
S67°18'23"W, along said Centerline, 131.42 feet; hence N67°00'50"W, along said Centerline, 52.72 feet;
Thence S60°26'59"W, along said Centerline, 88. feet; Thence S59°56'46"W, along said Centerline,
61.62 feet; Thence N29°33'01"W, 306.87 feet; Then N44°07'58"W, 92..84 feet; Thence Southwesterly,
668.20 feet, along an arc of a 1720.00 foot radius curv concave Northwesterly, whose 664.01 foot chord
bears S56°59'48"W; Thence N21 °52'26"W, 309.00 f t; Thence N 12°36'51 "W, 60.83 feet; Thence
N22°17'21"W, 135.16 feet; Thence S64°30'09"W, 57.17 fe t; Thence S70°59'48"W, 117.60 feet; Thence
S78°00'56"W, 223.03 feet; Thence S40°13'58"W, 108.48 fe ~ Thence S50°14'53"E, 124.04 feet; Thence
S37°18'02"W, 15.40 feet; Thence N55°09'02"W, 176.92 feet, said POINT OF BEGINNING, containing
60.28 acres, more or less, and subject to easements and restrict ns of record.
SECTION II. ZONING MAP. The building official is hereby aut,}o ~ ed and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment u on the final passage, approval and
publication of the ordinance as approved by law. 1,,
SECTION III. CONDITIONAL ZONING AGREEMENT. T e mayor is h reby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agre ent between t property owner and the City,
following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and app val of the Ordinance, the
City Clerk is hereby authorized and directed to certify copy of this ordinance, an record the same in the
Office of the County Recorder, Johnson County, Iowa, t Owner's expense, upon the anal passage, approval
and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances a parts of ordinances in conflict with tti~ provisions of this
Ordinance are hereby repealed. `~
SECTION VI. SEVERABILITY. If any se ion, provision or part of the Ordinance shall be~~djudged to be
invalid or unconstitutional, such adjudicatio shall not affect the validity of the Ordinance as a~whole or any
section, provision or part thereof not adjud ed invalid or unconstitutional.
SECTION VII. EFFECTIVE DAT This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of
MAYOR
Approved by. G~~ , ~~ zuN"L'~~ . ,~~w
City Attorney's Office ~/~~ ~~ y
ATTEST:
20
CITY CLERK
Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240;
(319)356-5243 (REZ08-00011)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and S & J Development LLC (hereinafter "Owner");
WHEREAS, Owner is the~egal title holder of approximately 60.2$ acres of property located
north of Rohret Road and E st of Slothower Road; and I
WHEREAS, the Owner has r quested the rezoning of said property from Interim Development
Single-Family Residential (ID-R ) to Low Density Single-Family Re idential (RS-5), from Rural
Residential (RR-1) to Low Densit Single-Family Residential (RS-5) nd from Low Density Single-
Family Residential to Planned D velopment Overlay Low Den ty Single-Family Residential
(OPD-5); and
WHEREAS, the Planning and Zoni Commission has de ermined that, with appropriate
conditions regarding the improvement o Rohret Road to City tandards, approval of the wetland
mitigation plan, and a plan for the long-t rm maintenance of the wetland by the home owners'
association, the zoning is in conformance 'th the Compreh nsive Plan; and
WHEREAS, Iowa Code §414.5 (2007) p
reasonable conditions on granting an appl
regulations, in order to satisfy public needs c
as that he City of Iowa City may impose
s rezo ing request, over and above existing
d by t e requested change; and
WHEREAS, the Owner acknowledges that certain ditions and restrictions are reasonable to
ensure the development of the property is consiste with the Comprehensive Plan, to address
increased traffic demands by improving Rohret R a to City standards, to provide for orderly
development of the subdivision, and to plan for tla d mitigation and to provide for long-term
wetland maintenance; and
WHEREAS, the Owner agrees to develop is propert in accordance with the terms and
conditions of a Conditional Zoning Agreemen .
NOW, THEREFORE, in consideration of/the mutual promises contained herein, the parties
agree as follows: ~ \
S & J Development LLC is the legal title holder of the property legally described as
follows: / \
Commencing at the South Quarter Corner of Section 13, Township North, Range 7 West, of
the Fifth Principal Meridian; The e N01 °15'46"E, along the West Line f the Southeast Quarter
of said Section 13, a distance 139.57 feet, to the POINT OF BEGIN G; Thence continuing
N01°15'46"E, along said We Line, 2141.50 feet, to the Southwest Cor er of Auditor's Parcel
2002031, in accordance wi the recorded plat thereof; S89°44'32"E, al g said South line,
361.42 feet, to the Southeast Corner thereof; Thence N01 °16'10"E, along th East line of said
Auditor's Parcel, 361.50, to the Northeast corner thereof; Thence S89°44'30" , 354.25 feet, to
the Northwest Corner of Country Club Estates Second Addition, Iowa City, Iowa, in accordance
with the recorded plat thereof; Thence S14°51'48"E, along the West Line of said Country Club
Estates Second Addition, 221.57 feet; Thence S14°38'33"E, along said West Line, 97.48 feet;
Thence S00°07'09"E, along said line, 75.66 feet; Thence S18°21'00"W, along said line, 91.60
feet; Thence S20°38'15"W, along said line, 126.29 feet; Thence S11 °37'37"W, along said line,
410.20 feet; Thence S67°05'42"E, 130.34 feet; Thence S22°54'18"W, 55.00 feet; Thence
S07°54'18"W, 189.98 feet, to a point on the South Line of Country Club Estates First Addition;
Thence S78°22'23"W, along said South Line, 55.60 feet; Thence Northeasterly 39.27 feet, along
said South Line and an arc of a 25.00 foot radius curve, concave Southeasterly, whose 35.36
foot chord bears N56°37'37"E; Thence S78°22'23"E, along said line, 45.55 feet; Thence
Southeasterly 31.07 feet, along said line and an arc of a 325. 0 foot radius curve, concave
Northeasterly, whose 1.06 foot chord bears S81°06'43"E; The a S03°20'14"W, along said
line, 126.16 feet; Then a S88°32'31 "E, along said line, 226.92 fee , to the Northwest Corner of
Auditor's Parcel 20060 to Iowa City, Iowa, in accordance wi the recorded plat thereof;
Thence S01 °27'29"E, al g the West Line of said Auditor's Parcel, 10.15 feet; Thence
N81 °43'30"E, along the So h Line of said Auditor's Parcel, 169. 8 feet, to a Point on the West
Line of Southwest Estates S division Part Two, in accordance ith the Recorded Plat thereof;
Thence S19°45'01"E, along sai line, 386.21 feet; Thence S68° 4'47"W, along said West Line,
60.00 feet; Thence S46°03'38"E, long said West Line, 330.10 eet; Thence S53°55'32"E, along
said West Line, 235.85 feet; The a S21°17'53"E, along sai West Line, 412.93 feet, to the
Southwest Corner thereof, and a Point on the Center ne of Rohret Road; Thence
S68°42'07"W, along said Centerline, .85 feet; Thence S °18'23"W, along said Centerline,
131.42 feet; Thence N67°00'50"W, alo said Centerline, 52.72 feet; Thence S60°26'59"W,
along said Centerline, 88.13 feet; Then S59°56'46"W, along said Centerline, 61.62 feet;
Thence N29°33'01 "W, 306.87 feet; Thence N44°07'58" 92.84 feet; Thence Southwesterly,
668.20 feet, along an arc of a 1720.00 foot ra ius curve, oncave Northwesterly, whose 664.01
foot chord bears S56°59'48"W; Thence N21 °5 6"W, 3 9.00 feet; Thence N12°36'51 "W, 60.83
feet; Thence N22°17'21"W, 135.16 feet; enc S64°30'09"W, 57.17 feet; Thence
S70°59'48"W, 117.60 feet; Thence S78°00'56"W, .03 feet; Thence S40°13'58"W, 108.48
feet; Thence S50°14'53"E, 124.04 feet; Thence S37° '02"W, 15.40 feet; Thence N55°09'02"W,
176.92 feet, to said POINT OF BEGINNING, contai i 60.28 acres, more or less, and subject
to easements and restrictions of record.
2. The Owner acknowledges that the City w' hes toe sure conformance to the principles
of the Comprehensive Plan and the outhwest ~ trict Plan. Further, the parties
acknowledge that Iowa Code §414.5 007) provide that the City of Iowa City may
impose reasonable conditions on gra ting an applica 's rezoning request, over and
above the existing regulations, in ord r to satisfy public n eds caused by the requested
change.
3. In consideration for the City's ezoning the subject prop rty, Owner agrees that
development of the subject pro erty will conform to all requi ments of the Iowa City
Zoning Code, as well as the Ilowing conditions (all lot and dition numbers are in
reference to the preliminary p t received March 18, 2009):
a. Owner shall, durin the first phase of development, improve t e portion of Rohret
Road adjacent to is 1 and 38 to City standards at Owner's a ense and extend
Lake Shore Driv from its current terminus to Rohret Road.
b. The Wetland itigation Plan shall be approved by the U.S. A`~my Corps of
Engineers. '`~
c. Along term maintenance plan for the wetland private open space by the Home
Owners' Association shall be included in the Subdivider's Agreement entered into
by the City and the Owner at the time the City approves the final plat for any
portion of this development.
2
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2007), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redev loped, or subdivided, all redevelopment will conform with the terms of this
Conditional oning Agreement.
6. The parties ac owledge that this Conditional Zoning Agreement shall be deemed to be
a covenant runn g with the land and with title to the land, a d shall remain in full force
and effect as a c enant with title to the land, unless or unti released of record by the
City of Iowa City.
The parties further ack owledge that this agreement shall i ure to the benefit of and bind
all successors, represen tives, and assigns of the parties
7. The Owner acknowledges at nothing in this Conditi al Zoning Agreement shall be
construed to relieve the Ow er or Applicant from co plying with all other applicable
local, state, and federal regulat ns.
8. The parties agree that this Con itional Zoning reement shall be incorporated by
reference into the ordinance rezoni g the subject roperty, and that upon adoption and
publication of the ordinance, this ag ement sh I be recorded in the Johnson County
Recorder's Office at the Applicant's ex nse.
Dated this day of
OWNER
S & J Development, LLC
ITY OF IOWA CITY
BY.
BY.
Regenia D. Bailey, Mayor
Ma
K. Karr, City Clerk
Approved by:
City Attorney's
LIMITED LIABILITY COMP
STATE OF IOWA ) ~
ACKNOWLEDGEMENT:
JOHNSON COUNTY
This instrument was 2fcknowledged before me on this
(name) as
LLC.
-~~ ~~~~~
3~3 ~~u 9
day of ~ 2009, by
_ (title) of S&J Development,
3
City of Iowa City sb
MEMORANDUM -,
Date: March 31, 2009
To: City Council
From: Christina Kuecker, Associate Planner
RE: Country Club Estates
The Zoning Ordinance and Conditional Zoning Agreement (CZA) have been updated
to reflect retaining ID-RS and RR-1 zoning on Outlot D. It is anticipated that the
Developer will sign the CZA before the Council meeting on Monday.
The Planning and Zoning Commission informally indicated that there is not a need to
meet with City Council regarding this issue. The P & Z Commission will formally
decide on the need for a joint meeting at their formal meeting on April 2.
04-06-09
7
Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, ENTITLED SCHEDULE OF FEES, RATES, CHARGES, .BONDS, FINES, AND
PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO
INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES.
WHEREAS, pursuant to Chapter 384, Code of Iowa (2007), the City of Iowa City provides certain solid
waste collection and disposal services; and
WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste
collection and disposal services; and
WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by
approximately 3.5% for billing on or after July 1, 2009, to adequately finance operational costs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste
Disposal," of the Iowa City Code is hereby amended by:
Changing the charge for residential solid waste collection from $14.50 to $15.00 per dwelling unit, and 2
rooming units, per month; and from $10.90 minimum to $11.40 minimum for solid waste.
SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective July 1, 2009.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
Approved by
~zz~ ~
City Attorney's Office 3(3~ v
finadmlordlfeeincrease-sw09.doc
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration
Vote for passage:
NAYS: NOne.
Second Consideration _
Vote for passage:
that the Ordinance
/6/2009
AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright.
ABSENT: None.
Date published
41
Prepared by: Kris Ackerson, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 7,
ENTITLED "VEHICLE SIZE, WEIGHT AND LOAD," TO RESTRICT LARGE TRUCK TRAFFIC ON
NORTH SUMMIT STREET AND DEWEY STREET.
WHEREAS, North Summit Street and Dewey Street were not designed to accommodate long trucks with
trailers; and
WHEREAS, truck traffic with a gross weight in excess of 16 tons have damaged public property due to
the narrow right-of-way including fire hydrants, curbs, and sidewalks on North Summit Street and Dewey
Street.
- --NOW; T-+iEREf-E3RE; -BE FT OR{3AINE{3 BY THE GIT-Y- C-4DNEIL--0F T#~IE-OIT-Y OE-~O-VaIA CITY, _
IOWA:
SECTION I. PURPOSE. The purpose of this amendment is to restrict large truck traffic on North Summit
Street and Dewey Street.
SECTION II. AMENDMENT. Section 9-7-4(B) is hereby amended by deleting Paragraph 2 and
substituting in lieu thereof:
9-7-4(B)(2) No truck or other commercial vehicle with a gross weight in excess of 16 tons, except those
specifically exempted herein, shall be operated on Kirkwood Avenue and Lower Muscatine Road from the
intersection of Kirkwood Avenue with Gilbert Court to the intersection of Lower Muscatine Road with
Sycamore Street; First Avenue from the intersection with Scott Boulevard to the intersection with D Street;
Court Street from the intersection with Summit Street to the intersection with Muscatine Avenue; or on North
Summit Street or Dewey Street from the intersection of North Summit Street with North Dodge Street to the
intersection of Dewey Street with Brown Street.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided bylaw.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office ~/ a ~ ~~~
ppdadmlord/NSummit-DeweyEmbargo.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 4/6/2009
Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia,Hayek.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Kris Ackerson, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
r
ORDINANCE NO. `
AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHI 't.ES AND TRAFFIC", CHAPTER 7,
ENTITLED "VEF~CLE SIZE, WEIGHT AND LOAD," TO RESTR CT LARGE TRUCK TRAFFIC ON
NORTH SUMMIT REET AND DEWEY STREET.
WHEREAS, North mmit Street and Dewey Street were not d igned to accommodate long trucks with
trailers; and
WHEREAS, truck traffic ith a gross weight in excess of 16 t ns have damaged public property due to
the narrow right-of-way includi fire hydrants, curbs, and side alks on North Summit Street and Dewey
Street.
NOW, THEREFORE, BE IT C
IOWA:
SECTION I. PURPOSE. The p
Street and Dewey Street.
SECTION II. AMENDMENT.
substituting in lieu thereof:
NED BY THE CITY ~OUNCIL OF THE CITY OF IOWA CITY,
Hof this amendment 4s to restrict large truck traffic on North Summit
by amended by deleting Paragraph 2 and
Section ~7-4(B) is
9-7-4(B)(2) No truck or other commercial vehicle wi a
specifically exempted herein, shall be operated on Kirk
intersection of Kirkwood Avenue with Gilbert Court to
Sycamore Street; First Avenue from the intersection wit
Court Street from the intersection with Summit Street to
Summit Street or Dewey Street from the intersection of ~
intersection of Dewey Street with Brown Street.
SECTION III. REPEALER. All ordinances and
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, p
invalid or unconstitutional, such adjudication shall nc
section, provision or part thereof not adjudged invalid
SECTION V. EFFECTIVE DATE. This Ordina
publication, as provided bylaw.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
ppdadm/ord/NS ummit-DeweyEmbargo.doc
~ross weight in excess of 16 tons, except those
od Avenue and Lower Muscatine Road from the
e intersection of Lower Muscatine Road with
S tt Boulevard to the intersection with D Street;
ie int section with Muscatine Avenue; or on North
orth S mit Street with North Dodge Street to the
of ordinance~in conflict with the provisions of this
vision or part of the dinance shall be adjudged to be
affect the validity of th Ordinance as a whole or any
r unconstitutional.
shall be in effect after its
2009.
passage, approval and
I°M~;q ~a
U ~..~
Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5144
ORDINANCE NO. 09-4333
AN ORDINANCE AMENDING TITLE 16, CHAPTER 3 ENTITLED "CITY UTILITIES" OF THE CITY CODE
OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-36-9 ENTITLED "PROJECT SPECIFIC
TAP-ON FEE FOR THE DANE ROAD TRUNK SEWER PROJECT."
WHEREAS, Section 16-3B-1 through 16-36-3 of the City Code of Iowa City, Iowa authorizes the City to
adopt and implement project specific tap-on fee ordinances to provide for the equitable apportionment of
costs associated with extension of public utilities; and
WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project costs;
and
WHEREAS, the City completed construction of the Dane Road Trunk Sewer, to serve the area
southwest of the Iowa City Airport and south of U.S. Highway 1, and the cost of construction is now subject to
formal collection via the "tap-on fee structure"; and
WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of
sanitary sewer to those properties benefited by the extension.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 16, Chapter 3 entitled "City Utilities" of the Code of Ordinances of the
City of Iowa City, Iowa , is hereby amended by adopting a new section 16-3B-9 to read as follows:
16-3B-9: PROJECT SPECIFIC TAP-ON FEE FOR THE DANE ROAD TRUNK SEWER PROJECT:
A. General Project Description:
1. The Dane Road Trunk Sewer serves the area located west of the Iowa City Airport and south of US
Highway 1. The Dane Road Trunk Sewer Project included the construction of 32 manholes and
10,846' of sanitary sewer pipe with pipe diameter ranging from eight inch (8") to thirty inch (30") and
included the removal of the W.B. Development Lift Station. Areas currently not within the City's
boundary, when annexed, will be served by this trunk sewer.
2. The City Council determined that installation of the Project would facilitate development of the south
west side of Iowa City as designated in Figure 1 of this Section and encourage compact development
with sanitary sewer service provided at reasonable cost.
B. Actions Taken By City Council In Approving The Project:
1. On October 8, 2001, the City Council adopted Resolution 01-328 authorizing an agreement with Earth
Tech Inc. to design the sewer for the Dane Road Trunk Sewer Project. On February 18, 2003, the City
Council held a public hearing on the plans, specifications, form of contract, and cost estimate.
Following the public hearing, the City Council passed Resolution 03-61 approving the plans and
specifications of the Project and authorizing advertisement for bids. The City Council awarded the
Project construction contract to Metro Pavers Inc. on June 10, 2003, by Resolution 03-185. The City
Council accepted the work for the Project improvements on February 1, 2005, by Resolution 05-53.
2. The City Council authorized the issuance of sewer revenue bonds as interim financing to pay the
construction costs of the Project in Resolution 03-302.
C. Total Project Cost: The total actual cost of the project, as certified by the City Engineer, is
$1,549,007.24. This cost includes $228,346.72 in interest costs.
D. Total Area Benefited: Total Benefited Area: The Project benefits a total of three hundred eighty-eight
and six-tenths (388.6) acres. The benefited area has been divided into two (2) subareas labeled "A" and
"B" since the area is bisected by U.S. Highway 218 Right-of-Way (see Figure No. 1 of this Section).
E. Building Permits: All tap-on fees must be paid prior to connection to the City's sanitary sewer. No
building permits shall be issued for any parcel or tract of land located in the benefited area until the
property owner or building permit applicant pays the tap-on fee for that parcel or tract.
F. Schedule Of Fees: The following table lists the tap-on fee per acre for the two (2) subareas in the
benefited area. The fee reflects the actual costs of the benefits associated with each subarea and are in
addition to any other project-specific tap-on fees established.
Ordinance No. 09-4333
Page 2
Subarea Acres Fee Per Acre
A 168.5 $3,986.12
B 220.1 $3,986.12
G. Agreements With Developers: The City may, in its discretion, enter into agreements with developers
subdividing property in the benefited area, to allow equalization of the tap-on fees among the lots in the
subdivision, including agreement for the prepayment of tap-on fees and development sequencing. Such
agreements shall not in any way alter the requirements regarding building permits set forth in subsection E
of this Section.
H. Maps And Illustrations:
1. Figure No. 1: General boundary map of the Project area showing location of benefited properties
divided into two (2) subareas and the location of the constructed Project.
2. Figure No. 2: Legal description of the properties benefited by the construction of the Project.
3. Figure No. 3: Legal description of the Project. A plat of the Project has been recorded in the office of
the Johnson County Recorder as denoted in Book 49, Page 34 and is also on file in the office of the
City Engineer. Said plat is incorporated herein by reference.
4. Figure No. 4: City Engineer's cost certification.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Pissed and approved this 6th day of Ayril , 20 09
AT ET ST: v fit/
CITY CLE
Appr ved by
G~-
City Attorney's Office 3~~1v~
Ordinance No. 09-4333
Page 3
It was moved by Wilburn and seconded by xayek the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
x Champion
x Correia
~_ Hayek
x O'Donnell
g Wilburn
x Wright
First Consideration 3 / 10 / 2009
Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey.
NAYS: None. ABSENT: None.
Second Consideration 3 / 4 / 2009
Vote for passage: AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: None.
Date published 4/15/2009
pweng/ord/TAPONFEE/daneroad-titlel6.doc
Figure No. 1
. ;,,
,,.
~-
-Dane Road
Trunk Sewer
~; o
.o
P
o $ Sub Area
A
0
_L.~I
GS,y
~~,~
Dane Road Trunk Sewer
Sub Area Area
q. 168.5
g, 220.1
Total 388.6
N
iooo o ioao zooo
Scale l' = 1000'
Figure No. 2
LEGAL DESCRIPTION OF PROPERTIES BENEFITED BY
THE DANE ROAD TRUNK SEWER
Areas in the Northeast Quarter Section 29, Township 79 North, Range 6 West of the Fifth
Principal Meridian:
1. That part of the Northeast Quarter, Northeast Quarter lying Southwesterly of Primary
Road 518 (Hwy 218). 29.7 acres.
2. The North 870 feet of the Southeast Quarter, Northeast Quarter. 26.4 acres.
3. The North 870 feet of the West 625 feet of the Southwest Quarter, Northeast Quarter.
12.5 acres.
4. That part of the Northwest Quarter, Northeast Quarter except the South 825 feet of the
West 690 feet. 26.9 acres.
5. .That part of the Northeast Quarter, Northeast Quarter lying Northeasterly of Primary
Road 518 (Hwy 218) right of way. 2.9 acres.
Areas in the Northwest Quarter Section 29, Township 79 North, Range 6 West of the Fifth
Principal Meridian:
The North 495 feet of the East 355 feet of the Northwest Quarter. 4.0 acres.
Areas in the Southwest Quarter Section 20, Township 79 North, Range 6 West of the Fifth
Principal Meridian:
1. That part of the Southeast Quarter, Southwest Quarter lying Southeasterly of State
Highway 1. 27.0 acres
Areas in the Southeast Quarter Section 20, Township 79 North, Range 6 West of the Fifth
Principal Meridian:
1. That part of the Southeast Quarter lying Southwesterly of State Highway 1 and Primary
Road 518 (Hwy218) right of way. 42.0 acres.
2. That part of the Southeast Quarter lying Northeasterly of State Highway 1 and Primary
Road 518 (Hwy218) right of way. 73.5 acres.
Areas in the Northeast Quarter Section 20, Township 79 North, Range 6 West of the Fifth
Principal Meridian:
That part of the Northeast Quarter lying Southerly of the Iowa City Municipal Airport and
State Highway 1 right of way. 8.7 acres.
Areas in the Southwest Quarter Section 21, Township 79 North, Range 6 West of the Fifth
Principal Meridian:
That part of the Southwest Quarter 21 except the North 600 feet .there of . 123.6 acres.
Areas in the Southeast Quarter Section 21, Township 79 North, Range 6 West of the Fifth
Principal Meridian:
The South 720 feet of the West 345 feet of the Northwest Quarter, Southeast Quarter.
5.7 acres.
Areas in the Northwest Quarter Section 28, Township 79 North, Range 6 West of the Fifth
Principal Meridian:
The North 425 feet of the West 580 feet of the Northwest Quarter. 5.7 acres.
TOTAL AREA OF BENEFITED PROPERTIES = 388.6 ACRES
Figure No. 3
LEGAL DESCRIPTION OF THE DANE ROAD TRUNK SEWER PROJECT
Alignment 1
Dane Road Trunk Sewer Alignment 1 is a part of the Southeast Quarter Section 20, and the
South Half Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, further
described as follows:
Commencing at the South Quarter Corner of Section 20; thence N 00°13'50" E along the West
line of the Southeast Quarter of said Section 20, 588.85 feet; thence S 89°46'10" E 36.79 feet to
a sanitary sewer manhole and the Point of Beginning; thence S 89°39'50" E along the centerline
of the sanitary sewer 199.23 feet; thence S 88°51'34" E along said centerline 420.83 feet; thence
N 89°48'03" E along said centerline 265.01 feet; thence S 89°43'53" E along said centerline
255.85 feet; thence S 68°33'03" E along said centerline 245.66 feet; thence S 32°09'06" E along
said centerline 152.41 feet; thence N 53°48'50" E along said centerline 415.85 feet; thence S
° ~ ,~
71 1913 E along said centerline 331.39 feet; thence S 71°49'06" E along said centerline 315.05
feet; thence N 89°48'18" E along said centerline 268.48 feet to manhole which is 388.47 feet
North and 54.43 feet East of the Southeast Corner Section 20; thence N 00°11'34" E along said
centerline 162.68 feet; thence N 11°55'02" E along said centerline 404.31 feet; thence N 2°46'30"
E along said centerline 242.62 feet; thence N 82°51'46" E along said centerline 519.06 feet;
thence N 81°53'54" E along said centerline 329.19 feet; thence N 3°46'40" W along said
centerline 61.36 feet; thence N 84°04'32" E along said centerline 575.88 feet; thence N 84°14'38"
E along. said centerline 545.87 feet; thence N 83°49'54" E along said centerline 595.54 feet to a
manhole which is 1483.96 feet North and 62.98 East of the South Quarter Corner of Section 21;
thence N 84°59'57" E along said centerline 587.04 feet; thence N 0°45'15" W along said
centerline 41.50 feet to the Point of Termination; For the purpose of this description the West line
of the Southeast Quarter Section 20 is assumed to bear N00°13'50"E.
Alignment 2
Dane Road Trunk Sewer Alignment 2 is a part of the Northeast Quarter Section 20, and the
Northwest Quarter Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian,
Johnson County, Iowa further described as follows:
Commencing at the East Quarter Corner of said Section 20; thence N 00°17'56" E along the East
line of the Northeast Quarter of said Section 20, 1420.85 feet; thence N 90°00'00" E 39.22 feet to
a Sanitary Sewer manhole and the Point of Beginning; thence S 35°14'41" W along the centerline
of the Sanitary Sewer 398.05 feet; thence S 59°08'38" W along said centerline 400.38 feet;
° ~~
thence S 57 09'20 E along said centerline 399.83 feet; thence S 43°16'20" W along said
centerline 399.46 feet; thence S 30°54'20" E along said centerline 350.83 feet to the Point of
Termination. For the purpose of this description the East line of the Northeast Quarter of Section
20 is assumed to bear N 00°17'56" E.
Alignment 3
Dane Road Trunk Sewer Alignment 3 is a part of the Southeast Quarter Section 20, and the
Southwest Quarter Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian,
Johnson County, Iowa, further described as follows:
Commencing at the East Quarter Corner of said Section 20; thence S 00°09'12" W along the East
line of the Southeast Quarter of said 5-ection 20, 1043.61 feet; thence N 90°00'00" W, 89.48 feet
to a Sanitary Sewer Manhole and the Point of Beginning; thence S 64°29'04" E along the
centerline of the Sanitary Sewer 228.29 feet; thence S 71°33'48" E along said centerline 222.78
feet; thence S 79°55'00" E along said centerline 289.94 feet; thence S 88°52'53" E along said
centerline 258.99 feet; thence N 84°50'44" E along said centerline 112.09 feet to the Point of
Termination. For the purpose of this description the East line of the Southeast Quarter of Section
20 is assumed to bear S 00°09'12" W.
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COST CERTIFICATION
I, Ronald R. Knoche, City Engineer for the City of Iowa City, Iowa, hereby certify that the
construction of the Dane Road Trunk Sewer has been completed in substantial accordance with
the approved plans and specifications.
I further certify that the total actual cost of the Dane Road Trunk Sewer Project is
$1,549,007.24. This cost includes $228,346 in interest costs.
Ronald R. Knoche, P.E.
City Engineer
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Prepared by: Daniel Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144
ORDINANCE NO. 09-43'i4
AN ORDINANCE AMENDING TITLE 16, CHAPTER 3 ENTITLED "CITY UTILITIES" OF THE CITY
CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-3B-10, ENTITLED "PROJECT
SPECIFIC TAP-ON FEE FOR THE SCOTT PARK TRUNK SEWER PROJECT"
WHEREAS, Section 16-36-1 through 16-36-3 of the City Code of Iowa City, Iowa authorizes the
City to adopt and implement project specific tap-on fee ordinances to provide for the equitable
apportionment of costs associated with extension of public utilities; and
WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project
costs; and
WHEREAS, the City has completed construction of the Scott Park Trunk Sewer to serve the
northeast side of Iowa City and the cost of the project is now subject to formal collection via the "tap-on
fee structure"; and
WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of
sanitary sewer to those properties benefited by the extension.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. AMENDMENT. Title 16, Chapter 3 entitled "City Utilities" of the Code of Ordinances of the
City of Iowa City, Iowa, is hereby amended by adopting a new section 16-3B-10 to read as follows:
16-3B-10: PROJECT SPECIFIC TAP-ON FEE FOR THE SCOTT PARK TRUNK SEWER PROJECT:
A. General Project Description:
1. The Scott Park Trunk Sewer Project ("Project") provides gravity sanitary sewer to areas northeast
of Court Street and Scott Boulevard to Rochester Avenue. This trunk sewer is an extension of
sanitary sewer to areas that previously could not be served by gravity sewer and was made possible
by the upgrade of the Court Hill Trunk Sewer. The Project included the construction of fourteen (14)
manholes and 3,250 linear feet of sanitary sewer pipe ranging from eight inch (8") to eighteen inch
(18") in diameter.
2. The City Council determined that the Project would facilitate development of the northeast side of
Iowa City as designated in Figure 1 of this section and encourage compact, contiguous development
in the area with sanitary sewer service provided at a reasonable cost.
B. Actions Taken by City Council in Approving the Project:
1. On August 19, 2003, the City Council held a public hearing on the plans, specifications, form of
contract, and cost estimate. Following the public hearing the City Council passed Resolution 03-213
approving the Project and fixing the date for bids. The City Council awarded the Project construction
contract to Bockenstedt Excavating, Inc. on September 23, 2003, via Resolution 03-297. The City
Council accepted the work for the Project on May 18, 2004, via Resolution 04-147.
C. Total Project Cost: The total actual cost of the Project, as certified by the City Engineer, is
$222,769.62.
D. Total Area Benefited: The Project benefits a total of 214.56 acres (see Figure 1).
E. Building Permits: All tap-on fees must be paid prior to connection with the City's sanitary sewer. No
building permits shall be issued for any parcel or tract of land located in the benefited area until the
property owner or building permit applicant pays the tap-on fee for that parcel or tract.
F. Schedule of Fees: The tap-on fee for the benefited area shall be $1,038.26 per acre. The fee reflects
the actual costs of the benefits associated with the area and is in addition to any other project specific
tap-on fees established.
G. Agreements With Developers: The City may, in its discretion, enter into agreements with
developers subdividing property in the benefited area to allow equalization of the tap-on fees among
the lots in the subdivision, including agreement for the prepayment of tap-on fees and development
sequencing. Such agreements shall not in any way alter the requirements regarding building permits
set forth in Subsection E.
H. Properties Exempt From Project Specific Tap-On Ordinance: This Project serves 10.03 acres of
existing development. No tap-on fees will be charged to residents in this area, which includes the
addresses on Hummingbird Lane south of Lower West Branch Road.
I. Maps and Illustrations:
Ordinance No. 09-4334
Page 2
1. Figure 1 -General boundary map of the project area showing location of the benefited
properties, exempt properties, and the location of the constructed Project.
2. Figure 2 -Legal description of the properties benefited by the construction of the Project.
3. Figure 3 -Legal description of the Project. A plat of the Project has been recorded in the office of
the Johnson County Recorder as denoted in Book 49, Page 33 and is also on file in the office of
the City Engineer. Said plat is incorporated herein by reference.
4. Figure 4 -City Engineer's cost certification.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed approved t 's 6 h day of April , 2009.
~~
MA
ATTEST: ~~T .~.~ 7C `~'C~/
CITY ERK
Approved by
/mil G(~t c~ ~ G~
City Attorney's Office .3(s~d ~
It was moved by Wilburn and seconded by 0' Donnell that the Ordinance as read
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Correia
~_ Hayek
~_ O'Donnell
x Wilburn
_~ Wright
First Consideration 3 / 10 / 2009
NAYS• NonetefoA~~~e:NoneS: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion.
Second Consideration 3/24/2009
Vote for passage: AYES: Hayek, O'Donnell,
NAYS: None. ABSENT: None.
Date published 4/15/2009
Wilburn, Wright, Bailey, Champion, Correia.
pweng\ord\taponfee\scott park.doc
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Figure No. 2
Property Address Legal Description Area (acres)
3405 ROCHESTER AVE COM ON S LINE HWY 1 34' E 1.02
OF W LINE 7-79-5 E 149.73' S
299.4' W 149.73' N 299.4' TO
BEG
THAT PART OF W 300' SW NW
3500 LOWER WEST BRANCH RD DESC AS AUD. PAR. #97040 IN 2.38
SURVEY BK 37 PG 347
COMM C/L OF OLD HWY 1
3661 ROCHESTER AVE 807.3' NELY OF INTERSECTION 4.00
WITH W/L 7-79-5;S 296.77' TO
BEG.; S 404'; E 432'; N 404'; W
432' TO POB
LOT 1 EXCEPT LAND CONVEYED
4643 HERBERT HOOVER HWY SE TO JOHNSON COUNTY IN BOOK 997 7.90
TEGLER SUBDIVISION
4640 LOWER WEST BRANCH RD SE LOT 2 13.92
COMM AT PT OF INTER S ROW
LINE OF HWY 1 & W LINE OF W
4653 HERBERT HOOVER HWY SE 1/2 NE NW; THENCE S 144'; E 0.54
145';N 181.95'; THENCE
SWLYALONG ROAD TO BEG .54A
TRACT "B" OF BOUNDARY
4665 HERBERT HOOVER HWY SE SURVEY AS DESCRIBED 10.95
INBOOK 29, PAGE 67
E 1!2 NE NW EXCEPT LAND
4679 HERBERT HOOVER HWY SE CONVEYED IN BOOK 998 18.55
PAGE 460 AS EASEMENT
TO JOHNSON COUNTY
COM NE COR SW W 1639.8'
4641 LOWER WEST BRANCH RD SE TO PT OF BEG; S 218' W 100' 0.50
N 218' E100' TO BEG
Property Address Leal Description Area (acres)
4659 LOWER WEST BRANCH RD SE
COM NE COR SW SEC N
87DEG 45' W ALONG N
LINESW 954.7' TO BEGS 2
DEG 15' W 321.4' N 87 DEG
45'W249.1'N2DEG15'E
321.4' S 87
1.84
COM NE COR SW N 87 DEG45'
4667 LOWER WEST BRANCH RD SE W ALONG N LINE SW 707.5' TO 1.83
BEGS2DEG15'W321.4'N87
DEG 45'W247.2'N2DEG15'E
321.4' S 87 DEG
4694 LOWER WEST BRANCH RD SE E 10A SE NW 9.60
* 290 HUMMINGBIRD LN 1285--1 HOYLE'S FIRST 1.00
SUBDIVI SIGN LOT 1
COM 2045.12' N OF SW COR 7-
* 164 HUMMINGBIRD LN 79-5;E 769.70'TO PT OF BEGS 0 77
110'; E 303.59';N 110';W 303.59'TO
BEG 0.77AC
COM AT A PT ON C/L RD 2045.12'N
OF SW COR 7-79-5; E 769.70';S
* 140 HUMMINGBIRD LN ODEG 01'W 110' TO PT OF BEG;E 0.98
303.59';S 140'; S 140';W 303.59';
COM 2045.12'N & 769.7'E OF SW
* 110 HUMMINGBIRD LN COR 7-79-5 S 240-TO PT OF BEG; E 0.98
303.59'; S 140THEN CE W 303.59'; N
140' TO BEG 0.98 AC
1668--2 LYMAN
* 66 HUMMINGBIRD LN SUBDIVISION LOT 2 1.30
* 32 HUMMINGBIRD LN
Property Address
ROCHESTER HEIGHTS
SUBDIVISION
OLDE TOWNE VILLAGE
SUBDIVISION
LINDEMAN SUBDIVISION
PARTS 3 & 4
1668--1 LYMAN
SUBDIVISION LOT 1
Legal Description
LOTS 21 - 60
LOTS 1 - 49
LOTS 63 - 166
1.00
Area (acres)
13.75
33.21
63.19
TOTAL 183.19 acres
" EXEMPT -HUMMINGBIRD LANE total acres = 6.03
Figure No. 3
Scott Park Trunk Sewer is a part of the Northwest Quarter and the Southwest Quarter Section 7,
Township 79 North, Range 5 West of the Fifth Principal Meridian, further described as follows:
Commencing at the West Quarter Corner of Section 7
a cut X in the road;
thence N01 °06'32"W along the West line of Section 7
564.26 feet;
thence N90°00'00"E 52.98 feet to a sanitary sewer manhole
the Point of Beginning;
thence N88°55'04"E along the centerline of the sanitary
sewer 173.85 feet;
thence N88°28'47"E along said centerline 157.16 feet;
thence S50°42'24"E along said centerline 401.59 feet;
thence S50°41'43"E along said centerline 199.52 feet;
thence S75°55'31"E along said centerline 138.35 feet;
thence S45°10'49"E along said centerline 302.45 feet;
thence S19.°21'15"E along said centerline 220.90 feet;
thence S32°15'06"E along said centerline 381.82 feet;
thence S10°37'09"E along said centerline 400.08 feet;
thence SN11°13'53"E along said centerline 240.34 feet;
thence S78°19'33'E along said centerline 119.56 feet;
thence S11°29'17"E along said centerline 248.16 feet;
thence S10°59'19"E along said centerline 265.60 feet the Point
of Termination;
For the purpose of this description the West line of the
Northwest Quarter Section 7 is assumed to bear N01°06'32"W.
FIGURE 4
COST CERTIFICATION
I, Ronald R. Knoche, City Engineer for the City of Iowa City, Iowa, hereby certify that construction
of the Scott Park Trunk Sewer Project has been completed in substantial conformance with the approved
plans and specifications.
I further certify that the total actual cost for the Scott Park Sanitary Trunk Sewer Project is
$222,769.62.
' i~'~/ ~•
Ronald R. Knoche, P.E. City Engineer
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