HomeMy WebLinkAbout2022-09-06 Public hearing In.a.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be T
held by the City Council of Iowa City, Iowa, at
which time the Council will consider:
7177
An ordinance conditionally rezoning I0 DI : 7
approximately 27.68 acres of property
located east of Camp Cardinal Blvd and
west of Camp Cardinal Rd from Interim {-1 t r, to
IO 1 Development - Research Park (ID-RP)
Zone to Low Density Multifamily
Residential Zone with a Planned
Development Overlay (OPD/RM-12)
(REZ22-0001).
An ordinance conditionally rezoning
approximately 1,470 square feet of
property located at 518 Bowery Street
from High Density Multi-Family
,V), Residential Zone with a Historic District
Overlay (OHD/RM-44) to Neighborhood
Commercial Zone with a Historic District
Overlay(OHD/CN-1)(REZ22-0010).
Said public hearing will be held at 6:00 p.m. on the
6th of September 2022, in Emma J. Harvat Hall at
City Hall, 410 E. Washington St., in said city, or if
said meeting is cancelled, at the next meeting of
the City Council thereafter as posted by the City
Clerk.
A copy of the proposed ordinance is on file for
public examination in the office of the City Clerk,
City Hall, Iowa City, Iowa. Persons wishing to
make their views known for Council consideration
are encouraged to appear at the above-mentioned
time and place. Copies may also be made
available by telephoning the City Clerk at 319-356-
5043 or emailing kellie-fruehling@iowa-city.org
Esther Tetteh, Associate Planner
0.C.Z.
Prepared by: Esther Tetteh,Associate Planner,410 E.Washington Street, Iowa City, IA 52240;(REZ22-0001)
Ordinance No.
An ordinance conditionally rezoning.. ap,prpXimately 27.68 acres of
property located east of Camp Cardinal Blvd and west of Camp Cardinal
Rd from Interim Development — Research Park (ID-RP) Zone to Low
Density Multifamily Residential Zone with a Planned Development
Overlay (OPD/RM-12) (REZ22-0001 ).
Whereas, IC Grove East, LLC, and Navigate Homes, have requested a rezoning of property
located east of Camp Cardinal Blvd and west of Camp Cardinal Rd. from Interim Development —
Research Park (ID-RP) to Low Density Multifamily Residential with a Planned Development
Overlay (OPD/RM-12); and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for
residential development at a density of 8-16 dwelling units per acre; and
Whereas, the Comprehensive Plan encourages a mix of housing types within each
neighborhood to provide options for households of all types and people of all incomes; and
Whereas, the Comprehensive Plan encourages pedestrian-oriented development and
attractive and functional streetscapes that make it safe, convenient, and comfortable to walk;
and
Whereas, the rezoning creates a public need for construction of Camp Cardinal Rd to
provide a secondary access and additional traffic calming devices at the intersection of Deer
Creek Rd and Camp Cardinal Rd to provide the safe street network envisioned in the
Comprehensive Plan; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding construction of Camp Cardinal Rd and a traffic circle at the intersection of
Deer Creek Rd and Camp Cardinal Rd, the requested zoning is consistent with the
Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2021) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the owner, IC Grove East LLC, and the applicants have agreed that the property
shall be developed in accordance with the terms and conditions of the Conditional Zoning
Agreement attached hereto 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. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby classified Low Density Multifamily
Residential with a Planned Development Overlay(OPD/RM-12), as indicated:
AUDITOR'S PARCEL 2011054, A PART OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER AND PART OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE
5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT OF
Ordinance No.
Page 2
SURVEY RECORDED IN BOOK 56, PAGE 37, PLAT RECORDS OF JOHNSON COUNTY,
IOWA:
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 ordinariceas apprOvad by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zonirig Agreement between the property owner(s)
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 any
agreements or other documentation authorized and required by the Conditional Zoning
Agreement, 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 in accordance with Iowa Code Chapter 380.
Passed and approved this day of , 2022.
Mayor
Attest:
City Clerk
Approved by
City Attorney's Office
Prepared by: Esther Tetteh,Associate Planner,410 E.Washington, Iowa City, IA 52240(REZ22-0001)
Conditional Zoning Agreement
This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City"), IC Grove East, LLC (hereinafter referred to as "Owner"), and Navigate Homes
(hereinafter referred to as "Applicant").
Whereas, Owner is the legal title holder of approximately 27.68 acres of property located
east of Camp Cardinal Blvd and west of Camp Cardinal Rd., legally described below; and
Whereas, the Applicant has requested the rezoning of said property legally described
below from Interim Development — Research Park (ID-RP) to Low Density Multifamily-Family
with a Planned Development Overlay (OPD/RM-12) zone; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for
residential development at a density of 8-16 dwelling units per acre; and
Whereas, the Comprehensive Plan encourages a mix of housing types within each
neighborhood to provide options for households of all types and people of all incomes; and
Whereas, the Comprehensive Plan encourages pedestrian-oriented development and
attractive and functional streetscapes that make it safe, convenient, and comfortable to walk;
and
Whereas, the rezoning creates a public need for construction of Camp Cardinal Rd to
provide a secondary access to the development; and
Whereas, the rezoning creates a public need for additional traffic calming devices at the
intersection of Deer Creek Rd and Camp Cardinal Rd to provide the safe street network
envisioned in the Comprehensive Plan; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding contributing to the cost of developing Camp Cardinal Rd to urban design
standards and also contributing to the cost of constructing a traffic circle at the intersection of
Deer Creek Rd and Camp Cardinal Rd, the requested zoning is consistent with the
Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2021) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the Owner and Applicant agree 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. IC Grove East LLC is the legal title holder of the property legally described as:
1
AUDITOR'S PARCEL 2011054, A PART OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER AND PART OF THE NORTHEAST QUARTER OF THE
S.O.UTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST
OF THE 5 w PM., IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH
THE PLAT OF SURVEY RECORDED IN BOOK 56, PAGE 37, PLAT RECORDS OF
JOHNSON COUNTY, IOWA.
2. Owner and Applicant acknowledge that the City wishes to ensure conformance to the
principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2021) provides that the City of Iowa City may impose reasonable conditions on
granting a rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all requirements of the Zoning
Code, as well as the following conditions:
a. Prior to issuance of a building permit, Owner shall:
i. Contribute 50% of the cost of upgrading Camp Cardinal Road to City
standards. This contribution shall include 50% of the cost of construction of the
traffic circle at the intersection of Deer Creek Road and Camp Cardinal Road
Dedicate a public access easement to allow a public trail from the proposed
development to Calder Park in a form of agreement approved by the City
Attorney and install a 10' wide trail.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2021), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. This Conditional Zoning 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 by the City of Iowa City. Once a building permit
is issued, the conditions shall be deemed satisfied and no further release of this
agreement will be provided. The parties further acknowledge that this agreement shall
inure to the benefit of and bind all successors, representatives, and assigns of the
parties. In the event the subject property is transferred, sold, redeveloped, or subdivided,
all development will conform with the terms of this Conditional Zoning Agreement.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner
from complying with all other applicable local, state, and federal regulations.
7. 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
the Applicant's expense.
Dated this day of , 2022.
2
City of Iowa City IC Grove East, LLC
Bruce Teague, Mayor 2 I By:
Attest:
1 ' ' . °-)1,. . Navigate Homes
Kellie Fruehling, City Clerk
Approved by:
By:
City Attorney's Office
City of Iowa City Acknowledgement:
State of Iowa
ss:
Johnson County
This instrument was acknowledged before me on , 2022 by Bruce Teague
and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
IC Grove East, LLC Acknowledgement:
State of
County of
This record was acknowledged before me on , 2022 by
(name) as (title) IC Grove East, LLC.
Notary Public in and for the State of Iowa
(Stamp or Seal)
My commission expires:
3
Navigate Homes Acknowledgment:
State of ;..
County of f}
t . to�� ?4 aR
Iuc.1 10 Pr` $�� 2. #
This record was acknowledged before me on , 2022 by
(name) as (title)of Navigate Homes.
Notary Public in and for the State of Iowa
(Stamp or Seal)
My commission expires:
4
I k
NOTICE OF PUBLIC HEARING _ t
Notice is hereby given that a public hearing will be
held by the City Council of Iowa City, Iowa, at
which time the Council will consider: 1 ,.= C nx A
An ordinance conditionally rezoning
approximately 27.68 acres of property
located east of Camp Cardinal Blvd and
west of Camp Cardinal Rd from Interim
Development — Research Park (ID-RP)
Zone to Low Density Multifamily
Residential Zone with a Planned
Development Overlay (OPD/RM-12)
(REZ22-0001).
An ordinance conditionally rezoning
approximately 1,470 square feet of
property located at 518 Bowery Street
from High Density Multi-Family
Residential Zone with a Historic District
Overlay (OHD/RM-44) to Neighborhood
Commercial Zone with a Historic District
Overlay(OHD/CN-1)(REZ22-0010).
Said public hearing will be held at 6:00 p.m. on the
6th of September 2022, in Emma J. Harvat Hall at
City Hall, 410 E. Washington St., in said city, or if
said meeting is cancelled, at the next meeting of
the City Council thereafter as posted by the City
Clerk.
A copy of the proposed ordinance is on file for
public examination in the office of the City Clerk,
City Hall, Iowa City, Iowa. Persons wishing to
make their views known for Council consideration
are encouraged to appear at the above-mentioned
time and place. Copies may also be made
available by telephoning the City Clerk at 319-356-
5043 or emailing kellie-fruehling@iowa-city.org
Esther Tetteh, Associate Planner
) b. b
Prepared by: Emani Brinkman, Planning Intern,410 E.Washington Street, Iowa City, IA 52240;(REZ22-0010)
Ordinance No.
An ordinance conditionally rezoning approximately 1 ,470 square feet of
property located at 518 Bowery Street from High �D ;nsity Multi-Family
Residential Zone with a Historic District Overlay (OHD/RM-44) to
Neighborhood Commercial Zone with a Historic;. (District Overlay
(OHD/CN-1) (REZ22-0010).
Whereas, M&W Properties LLC, and Connor Mollenbeck, have requested a rezoning of
property located at 518 Bowery Street, from High Density Multi-Family Residential Zone with a
Historic District Overlay (OHD/RM-44) to Neighborhood Commercial Zone with a Historic District
Overlay(OHD/CN-1) ; and
Whereas, the Comprehensive Plan encourages sustainable and walkable neighborhoods;
neighborhood commercial uses as contributing to the quality of life within neighborhoods; and
encourages growth of existing and new local businesses; and encourages infill development;
and
Whereas, the Neighborhood Commercial Zone is intended to promote pedestrian-oriented
development at an intensity level that is compatible with surrounding residential areas; and
Whereas, the rezoning creates a public need to ensure future commercial uses are
compatible with existing neighboring residents; 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 a condition
ensuring that commercial uses shall not be open to the public between 10:00 p.m. and 6:00 a.m.;
and
Whereas, Iowa Code §414.5 (2021) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the owner, Ryan Wade, and the applicants have agreed that the property shall be
developed in accordance with the terms and conditions of the Conditional Zoning Agreement
attached hereto 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. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby classified High Density Multi-Family
Residential with a Historic District Overlay (OHD/RM-44) Zone to Neighborhood Commercial with
a Historic District Overlay(OHD/CN-1)Zone, as indicated:
LYON'S 2ND ADDITION E 21' OF S 70' LOT 15 BLK 6
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.
Ordinance No.
Page 2
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(s)
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 any
agreements or other documentation authorized and required by the Conditional Zoning
Agreement, 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 in accordance with Iowa Code Chapter 380.
Passed and approved this day of , 2022.
Mayor
Attest:
City Clerk .
Approved by - c.
City Attorney's Office a
Prepared by: Emani Brinkman, Planning Intern,410 E.Washington, Iowa City, IA 52240(REZ22-0010)
Conditional Zoning Agreement
This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City"), M&W Properties LLC (hereinafter referred to as "Owner"), and Connor Moellenbeck
(hereinafter referred to as "Applicant").
Whereas, Owner is the legal title holder of approximately 1,470 square feet of property
located at 518 Bowery St., legally described below; and
Whereas, the Applicant has requested the rezoning of said property legally described
below from High Density Multi-Family Residential Zone with a Historic District Overlay
(OHD/RM-44) to Neighborhood Commercial Zone with a Historic District Overlay (OHD/CN-1)
Zone; and
Whereas, the Comprehensive Plan encourages sustainable and walkable
neighborhoods; neighborhood commercial uses as contributing to the quality of life within
neighborhoods; and encourages growth of existing and new local businesses; and encourages
infill development; and
Whereas, the rezoning creates a public need to ensure that future commercial uses are
compatible with surrounding residential areas by restricting when these uses are open to the
public; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the hours of operations for future commercial use, the requested zoning is
consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2021) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the Owner and Applicant agree 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. M&W Properties LLC is the legal title holder of the property legally described as
LYON'S 2ND ADDITION E 21' OF S 70' LOT 15 BLK 6 .
2. Owner and Applicant acknowledge that the City wishes to ensure conformance to the
principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2021) provides that the City of Iowa City may impose reasonable conditions on
granting a rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all requirements of the Zoning
1
Code, as well as the following condition:
a. Commercial uses shall not be open to the public between 10:00 p.m. and 6:00
a.m.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2021), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. This Conditional Zoning 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. In the event the subject property
is transferred, sold, redeveloped, or subdivided, all development will conform with the
terms of this Conditional Zoning Agreement.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner
from complying with all other applicable local, state, and federal regulations.
7. 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
the Applicant's expense.
Dated this day of , 2022.
City of Iowa City MAW Properties LLC
Bruce Teague, Mayor By:
Attest:
Connor Mollenbeck
Kellie Fruehling, City Clerk
Approved by:
By: _.."
City Attorney's Office
2
City of Iowa City Acknowledgement:
State of Iowa
ss:
Johnson County
This instrument was acknowledged before me on , 2022 by Bruce Teague
and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
M&W Properties LLC Acknowledgment:
State of
County of
This record was acknowledged before me on , 2022 by
(name) as (title) of M&W Properties LLC.
N
Notary Public in and for the State of lows .
(Stamp or Seal) --
My commission expires: r '
Connor Mollenbeck Acknowledgment: ;,
State of
County of
This record was acknowledged before me on , 2022 by
(name) as (title) of Connor Mollenbeck.
Notary Public in and for the State of Iowa
(Stamp or Seal)
My commission expires:
3
II .
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING ON PROJECT MANUAL
AND ESTIMATED COST FOR THE 2022 SANITARY
/In AUG 15 P F_SEWVER MANHOLE AND PIPE REHABILITATION
PROJECT IN THE CITY OF IOWA CITY, IOWA
0 weA CITY, (0 Wip ALL TAXPAYERS OF THE CITY OF IOWA CITY,
IOWA, AND TO OTHER INTERESTED PERSONS:
Public notice is hereby given that the City Council of the
City of Iowa City, Iowa, will conduct a public hearing on the
Project Manual, including the plans, specifications, contract,
and estimated cost for the construction of the 2022 Sanitary
Sewer Manhole and Pipe Rehabilitation in said city at 6:00
p.m. on the 6th day of September, 2022, said meeting to be
held in the Emma J. Harvat Hall in the City Hall, 410 East
Washington Street in said city, or if said meeting is
cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk.
This project includes rehabilitation of existing sanitary
sewers and manholes. Rehabilitation includes
approximately 11,500 feet of 8 inch diameter CIPP lined
sanitary sewers, reinstatement of approximately 198
laterals, and 46 manholes lined with centrifugally cast
cementitious mortar liner with epoxy seal and other
associated work. Rehabilitation locations are located
throughout Iowa City.
Said Project Manual and estimated cost are now on file
in the office of the City Clerk in the City Hall in Iowa City,
Iowa, and may be inspected by any interested persons.
Any interested persons may appear at said meeting of
the City Council for the purpose of making objections to and
comments concerning said Project Manual or the cost of
making said improvement.
This notice is given by order of the City Council of
the City of Iowa City, Iowa and as provided by law.
Kellie K. Fruehling, City Clerk