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Home My WebLink About2003-05-06 Public hearing NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 6th day of May, 2003, in Emma J. Harvat Hall, Civic Center, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: A resolution amending the South Central District Plan to change the future land use designation from Office Park/Commercial to Intensive or Highway Commercial for property generally located east of Mormon Trek Boulevard, extended. A resolution annexing approximately 150 acres of property generally located east of Highway 218, west of the Iowa City Airport, and both north and south of Highway 1. An ordinance changing the zoning designation of 6.1 acres from County RS, Suburban Residential, to C1-1, Intensive Commercial for property located west of Dane Road, east of Mormon Trek Boulevard, extended. An ordinance changing the zoning designation of approximately 144 acres from County CH, C2, R1A, RS and A1 to P, Public, CH-l, Highway Commercial, and ID-RS, Interim Development Residential, for property generally located east of Highway 218, west of the Iowa City Airport, and both north and south of Highway 1. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. RESOLUTION AMENDING THE SOUTH CENTRAL DISTRICT PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION FROM OFFICE PARK/COMMERCIAL TO INTENSIVE OR HIGHWAY COMMERCIAL FOR PROPERTY GENERALLY LOCATED EAST OF MORMON TREK BOULEVARD EXTENDED. WHEREAS, the South Central District Plan identified the property west of the Iowa City Airport, east of Mormon Trek Boulevard and south of Highway 1 as appropriate for Office Park/Commercial development in part to minimize the appearance of strip commercial development along Highway 1, and also to provide opportunity for office development; and WHEREAS, the Iowa City Airport has purchased property on the south side of Highway 1 east of Mormon Trek Boulevard, thereby eliminating the opportunity for strip commercial development to emerge along the south side of Highway 1 in this vicinity; and WHEREAS, the City has identified the property east and nodh of Mormon Trek Boulevard Extended as appropriate for industrial and commercial development, in order to grow the tax base; and WHEREAS, intensive commercial zoning provides more opportunity for commercial development, and also allows office development to occur; and WHEREAS, intensive commercial zoning is more compatible with the planned industrial area at the southwest side of the Iowa City Airport. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The first paragraph on Page 24 of the South Central District Plan is hereby amended as follows: In the southeast quadrant of the Highway 218/Highway 1 intersection, a highway commercial and office area with a hotel would be appropriate as development occurs in this part of the subarea. The highway commercial businesses would be well situated in this · ' ""'~ ................ ~. ................. ~, ,..d to area to serve motorists on the highways, .... prcscr.'c *~'~ "~ .... *"" cf "' ...... '~'~ r~,~ .... ,4 .... ~.~ ~ ,..,+~.~,.. cf ~*~" mall ~. .......... The Iowa City Airport has purchased much of the land on the south side of Highway 1, east of Mormon Trek Boulevard, which limits the opportunity for commercial development with frontage on Highway 1. Intensive commercial or commercial uses on the east side of Mormon Trek Boulevard would be most compatible with the Iowa City Airport, and the planned industrial area to the east. 2. Staff is hereby authorized and directed to amend the Future Land Use Scenario map to reflect Intensive or Highway Commercial land uses east of Mormon Trek Boulevard Extended in place of the Office Park/Commercial designation. Resolution No. Page 2 Passed and approved this day of ,20__ MAYOR Approved by ~s~: /-4/~ ~ '~/~/~ ~ CITY CLERK City Atto~ey~ Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum Prepared by John Yapp, PCD, 410 E. Washington, Iowa City, IA 52240; 319-356-5247 (ANN03-00001/ANN01-00004) RESOLUTION NO. RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 150 ACRES OF PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND SOUTH OF HIGHWAY 1. WHEREAS, the City of Iowa City is coordinating and initiating the annexation of approximately 150 acres of property generally located east of Highway 218, west of the Iowa City Airport, and both North and South of Highway 1; and WHEREAS, each of the property owners of property proposed to be annexed to the City of Iowa City have applied for annexation or have consented to annexation in writing; and WHEREAS, the properties proposed for annexation are within the City of Iowa City Growth and Long Range Planning Bounda~; and WHEREAS, the Iowa City Planning and Zoning Commission recommended approval of said annexation; and WHEREAS, pursuant to Iowa Code Section 368.5 and Section 368.7 (2001), notice of the application for annexation was sent by cedified mail to the Johnson County Board of Supervisors, the Johnson County Attorney, each affected public utility, the Johnson County Council of Governments, the Iowa Department of Transportation, and the East Central Iowa Council of Governments; and WHEREAS, the City Council of the City of Iowa City wishes to transition the imposition of the City property tax levy, as is permitted in State Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be and is hereby annexed to the City of Iowa City: Hargrave COM 300' S OF NE COR S 89° W 25.5', S35o W 999.95', S 45° W 196.67' TO POINT OF BEG., THENCE S 45° W 159.31' S 26° W 229.95' N 54° W TO W LINE E% NE, N ALONG SAID W LINE TO POINT N 54° W TO BEG, identified as Johnson County, Iowa parcel #1020105002; and COM 300' S OF NE COR 20-79~6 S 89° W 25.5', S 35° W 893.31' TO POG, THENCE S 35° W 106.64', S 45° W 196.67', N 54° W TO W LINE E% NE, N ALONG SAID W LINE TO PT N 54° W OF BEG., S 54° E TO BEG, identified as Johnson County, Iowa parcel #1020105001. City of Iowa City (North side of Hwy 1) Commencing at the northeast corner of Section 20, Township 78 Nodh, Range 6 West of the 5th P.M., thence south 300.00 feet, thence south 89 degrees 52 minutes 00 seconds, west 25.50 feet to the northwesterly right of way line of Iowa Highway #1, thence south 35 degrees 20 minutes 00 seconds west 999.95 feet, thence south 45 degrees 51 minutes 15 seconds west 355.98 feet, thence south 26 degrees 44 minutes 36 seconds west 229.95 feet, thence south 54 degrees 40 minutes 00 seconds east to the center line of Iowa Highway #1 and the point of beginning of the tract herein described; thence southwesterly along said center line 140 feet, thence north 54 degrees 40 minutes 00 seconds west to the west line of the east half of the nodheast quarter of Section 20, Township 79 North, Range 6 West of the 5th P.M., thence north along the said west line of the east half of the northeast quarter of said Section 20 to a point which bears north 54 degrees 40 minutes 00 seconds west of the point of Resolution No. Page 2 beginning, thence south 54 degrees 40 minutes 00 seconds east to the point of beginning; subject to an easement to the State of Iowa for road purposes and for use as a public highway and subject to an easement for access to adjoining lots and for construction of utility services, which easement is 30 feet in width, the southerly line of which is the nodhedy right of way line of Iowa Highway #1, and subject to an easement for the construction, operation and maintenance of a sanitary sewer line 5 feet on either side of the existing sanitary sewer line as presently located on said real estate, excepting therefrom that portion conveyed to the State of Iowa for highway purposes by deed records in Book 544, Page 100, Records of Johnson County, Iowa. and Commencing at the NE corner of said Section 20; thence S0°33'W, 377.5 ft. along the east line of the NE ¼ of said Section 20, to the centedine of Primary Road No. 1; thence S35°30 ~'W, 1838.6 ft. along said centerline and centedine tangent; thence N54°29 ~'W, 101.3 ft. to the Point of Beginning; thence continuing N54~29 WW, 231.0 ft. to a point on the west line of the E ~ NE N of said Section 20; thence S0"27 ~'W, 328.7 ft. along said west ~ine; thence N44~26 ~'E, 272.4 ft. to the Point of Beginning; containing 0.71 acre (31,088 sq. ft.), more or less. Wade COM 300' S OF NE COR SECTION 20, T79N, R6W, S 89° W 25.5', S 35° W 999.95', S 45° W 355.98', S 26° W 229.95', S 54° W TO C/L HWY, SWLY ALONG C/L 140' TO POINT OF BEG, THENCE SWLY 170', N 54°, W TO W LINE E ~ NE, N ALONG W LINE TO POINT N 54° W OF BEG., S 54° W TO BEG, identified as Johnson County, Iowa parcel #1020177002. IDOT All of the Highway 1 right-of-way southeast and northwest of the corporate boundaries of Iowa City on April 1,2003. Davis North 18.56 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20, T79N, R 6W Jirsa BEG AT A POINT N 89° E 1135.7' FROM THE CENTER OF SEC 20 T79N, R6W ON THE S LINE OF SAID SW NE, N 39° E, 180.9', N 30° E 140.4' TO EAST LINE OF SAID SW NE, S 0° E 258.0', ALONG EAST LINE TO SOUTH LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF BEG, which is .51 acres, more or less, identified as Johnson County, Iowa parcel #10201590; and COM SW COR SE NE E 194', N 649', SW 330', S 412' TO beg EX. Land conveyed to City of I.C. in 2727-90 (survey 41-75), which is 1.47 acres more or less, identified as Johnson County, Iowa parcel #10201760. Dane In Section 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Part DESC as AP#2 in Bk 871 PG 204; AND EXC that part lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Runway; Said parcel is also identified as Johnson County Pamel #1020176009. City of Iowa City (airport-south of Hwy 1) That part of the E 1/2 of the NE 1/4 of Section 20, Township 79 North, Range 6 West, lying northwesterly of the original State Highway No. 1, southeasterly of the present State Highway No. 1, and southwesterly of the county road (Dane Road), in Johnson County, Iowa, described as follows: Commencing at the NE corner of said Section 20; thence S 01°44'47" W (S 01045' W record) along the East line of said NE 1/4 and along the centerline of said original State Highway No. 1 a distance of Resolution No. Page 3 1136.58 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave westerly; thence southerly along said curve and said centerline 164.80 feet to the intersection with the centerline of the county road (Dane Road) and the point of beginning; thence continuing along said curve and said centerline of Original Iowa State Highway No. 1 in a southwesterly direction 463.03 feet; thence S 64031'47" W along said centerline 604.34 feet to a point on the southeasterly right-of-way line of present Iowa State Highway No. 1; thence N 10026'45" E along said right-of-way line 112.47 feet (113.0 feet record); thence N 38°07'45" E along said right-of-way line 199.94 feet (200.1 feet record); thence N 41036'00'' E along said right-of-way line 351.41 feet (351.3 feet record); thence N 36°42'20'' E along said right-of-way line 49.93 feet (50.0 feet record); thence N 28°55'53'' E along said right-of-way line 111.07 feet (111.0 feet record); thence N 58000'48'' E along said right-of- way line 96.64 feet (96.6 feet record); thence N 36o42'10" E along said right-of-way line 168.10 feet to a point on the southwesterly right-of-way line of Dane Road; thence N 84o23'41'' E along said southeasterly right-of-way line of Iowa State Highway No. 1 a distance of 58.14 feet (58.1 feet record) to a point on the centerline of said Dane Road; thence S 36o17'50'' E along said centedine 84.53 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave southwesterly; thence southeasterly along said centerline 215.65 feet to the point of beginning, and containing 6.314 acres. Subject to Dane Road right-of-way and easements of record. For the purpose of this description, the east line of the NE 1/4 of said Section 20 is assumed to bear S 01o44'47" W. The above described parcel is the same parcel as described in the special warranty deed to trust as recorded in Book 2244, Page 116 in the Johnson County Recorder's Office. and That part of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder, in the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southwest corner of said Southeast Quarter of the Northeast Quarter; thence South 88o34'01" East along the south line of said Southeast Quarter of the Northeast Quarter 194.00 feet to the southeast corner of said parcel; thence North 04004'00'' East along the east line of said parcel 159.18 feet to the point of beginning; thence North 48o18'05" West 210.60 feet to the southeasterly right of way line of Iowa State Highway No. 1; thence North 48o35'35' East along said right of way line 237.85 feet to the east line of said parcel; thence South 04o04'00'' West along said east line 298.16 feet to the point of beginning, containing 24,864 square feet, subject to easements and restrictions of record, if any. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quader of the Northeast Quarter; thence North 88o34'01" West along the south line of said Southeast Quarter of the Nodheast Quarter 1,129.73 feet to the southeast corner of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North 04°04'00" East (North 02050' East record) along the east line of said parcel 158.70 feet to a point on the southwesterly right-of-way line of proposed Mormon Trek Boulevard and a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence southeasterly along said curve and said southwesterly right-of-way line 109.68 feet through a central angle of 06o41'08" and having a chord bearing South 43o19'05' East 109.92 feet to the point of beginning; thence North 62°27'56" East 30.54 feet; thence South 48027'49'' West 29.86 feet to the beginning of a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said sout,h,w,e, sterly right-of-way of proposed Mormon Trek Boulevard 7.39 feet through a central angle of 00°27 02 and having a chord bearing North 39045'00'' West 7.39 feet to the point if beginning. and Resolution No. Page 4 That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5"' Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01 °44'47" East (North 01o45' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63o52'17" West along the southeasterly line of a parcel of land described in Book 671, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63°52'30" West 298.8 feet record); thence North 19o00'13" West (North 19o00' West record) along the west line of said parcel 247.05 feet to the point of beginning; thence South 62°27'56'' West 810.16 feet; thence North 19o00'13'' West 174.33 feet to the east line of a parcel of land described in Book 1908, Page 205 in the Office of the Johnson County Recorder; thence North 04°04'00" East (North 02°50' East record) along said east line 220.08 feet to a point on the southeasterly right-of-way line of Iowa State Highway Number 1; thence North 44°46'50" East along said right-of-way line 385.18 feet (Nodh 43°33' East 389.1 feet record) to the canterline of original Iowa State Highway Number 1; thence North 64o31'47" East (North 64°32' East record) along said centerline 371.76 feet to the west line of said parcel described in Book 871, Page 204; thence South 19o00'13" East along said west line 468.66 feet to the point of beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01 °44'47" East (North 01045' East record) along the east line of said Southeast Quader of the Northeast Quarter 372.80 feet; thence South 63o52'17" West along the southeasterly line of a parcel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63°52'30" West 298.8 feet record); thence North 19o00'13" West (North 19o00' West record) along the west line of said parcel 198.73 feet to a point on the south right-of-way line of proposed relocated Dane Road and the point of beginning; thence North 88o15'13'' West along said right-of-way line 97.71 feet; thence North 62°27'56" East 92.39 feet to a point on said west line; thence South 19o00'13'' East along said west line 48.32 feet to the point of beginning. and That part of the Southeast Quarter of the Nodheast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as folloWs: Commencing at the southeast corner of said Southeast Quarter of the Nodheast Quarter; thence Nodh 88o34'01'' West along the south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast corner of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North 04004'00'' East (North 02050' East record) along the east line of said parcel 158.70 feet to a point on the southwesterly right-of-way tine of proposed Mormon Trek Boulevard and the point of beginning; thence continuing North 04004'00" East along said east line of that parcel of land described in Book 1908, Page 205 a distance of 78.57 feet; thence South 19o00'13" East 136.90 feet to a point on a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly right-of- way line of proposed Mormon Trek Boulevard 71.59 feet through a central angle of 04021'50" and having a chord bearing North 44°28'43" West 71.58 feet to the point of beginning. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2001) at applicant's expense. 3. Further, the City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer. 4. The City Council will transition the imposition of the City property tax levy according to the following schedule for the annexed properties described above, excepting the Dane property described as follows: Resolution No, Page 5 In Section 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Part DESC as AP~r2 in Bk 871 PG 204; AND EXC that part lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Runway; Said parcel is also identified as Johnson County Parcel #1020176009. City. Pr~.n~_rl~. T~ Tren_~itinn First Year: 75% discount Second Year: 60% discount Third Year: 45% discount Foudh Year: 30% discount Fifth Year: 15% discount Sixth Year: 0% discount 5. Appropriate City staff are hereby authorized and directed to certify and file a~l documents necessary for the transition in the imposition of the City property tax levy for the parcels described and outlined herein. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK Approved by City A[to~ney's Office STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: ANN03-00001/REZ03-00013 Date: April 17, 2003 South Central District Annexation ANN01-00004/REZ01-00017 Dane property annexation GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Contact Person: Karin Franklin, Director Department of Planning and Community Development Phone: 356-5230 Property Owners: John Dane 4082 Dane Road SE Iowa City, IA 52240 Ron Wade 1005 Fairchild Street Iowa City, IA 52245 Mark Mitchell & Rick Jirsa Rock's Roadhouse 1710 Highway 1 West Iowa City, IA 52246 Anne Hargrave Hargrave-McEleney 3760 Highway 1 SE Iowa City, IA 52246 Robert Davis 4059 Kitty Lee Road Iowa City, IA 52240 Jan E. Smith 690 N. Star Court Boulder, CO 80302 James Davis 4097 Kitty Lee Road Iowa City, IA 52240 2 Iowa Department of Transportation Attn: Lee Benfield, District 6 Office 430 16th Avenue SW Cedar Rapids, IA 52406 Requested Action: Annexation of approximately 150 acres of land; and rezoning of said 150 acres from County CH, C2, R1A, RS & A1 to P, C1-1, ID-RS and CH-1 Purpose: To incorporate these properties into Iowa City Location: East of Highway 218, both north and south of Highway 1, west of the Iowa City Airport Size: Approximately 150 acres Existing Land Use and Zoning: Commercial, residential and agricultural; CH, C2, R1A, RS & A1 Surrounding Land Use and Zoning: North: Residential and commercial RM-12 and C1-1 South: Residential and agricultural County RS East: Commercial, airport and residential; C1-1, Public, & County RS West: Residential and commercial; RM-12, C1-1 & CO-1 Comprehensive Plan: The South Central District Plan identifies the annexation area on the south side of Highway 1 as appropriate for office commercial, highway commercial and intensive commercial development. The property owned by the Iowa City Airport is identified as pubtic. File Date: March 27, 2003 45 Day Limitation Period: May 11, 2003 SPECIAL INFORMATION: Public Utilities: City water and sewer will be made available to the properties to the south of Highway 1 as Mormon Trek Boulevard is extended. \\citynt\shared\PCD\Planning & Zoning Files\Ann\ANN03-00001 S. Central District Annexation.doc 3 Public Services: If the property is annexed, police and fire protection will be provided by the City, and refuse collection will be provided for single-family and duplex residences. Transportation: Access to the area is via Highway 1 and Mormon Trek Boulevard extended. The nearest transit routes are the P~aen View route and the Westwinds route, which utilize Highway 1 and Mormon Trek Boulevard in this vicinity. BACKGROUND INFORMATION: The City of Iowa City is coordinating the annexation of approximately 150 acres of property east of Highway 218, north and south of Highway 1, and west of the Iowa City Airport. The properties proposed for annexation include the Hargrave-McEleney property, the Berg Auto Sales property, the Rock's Roadhouse property, the (Harold) John Dane and Davis properties, and the western portion of the Iowa City Airport not yet within City limits. The Dane and Davis properties will be able to be accessed from Mormon Trek Boulevard which will be extended south of Highway 1 this summer. The John Dane property annexation is a reactivation of ANN01-00004 which was deferred from consideration due to the John Dane property not being contiguous to City limits at the time the application was made. Staff is considering both the 'South Central District' annexations and the John Dane annexation as one package. ANALYSIS: ANNEXATION The annexation policy in the Comprehensive Plan states that annexations are to occur primarily through voluntary petitions filed by property owners. While the City is coordinating and initiating this annexation proposal, each of the affected property owners have submitted statements that they consent to the annexation of their property. John Dane applied for the annexation of his property in 2001 and the application was deferred due to his property not yet being contiguous with City limits; that application is now being reactivated as part of this larger annexation proposal. In addition the Comprehensive Plan establishes three criteria under which to review annexation requests: 1. The area under consideration falls within the adopted long range planning boundary. The area proposed for annexation falls well within the adopted long range planning boundary in south central Iowa City. \\citynt\shared\PCD\Planning & Zoning Files\Ann\ANN03-O0001 S. Central District Annexation,doc 4 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. The South Central District Plan identifies the properties on the south side of Highway 1 in this vicinity as appropriate for commercial development. The Iowa City City Council has made the decision to extend Mormon Trek Boulevard south of Highway 1 in order to encourage commercial development in this area in order to grow the tax base. It is necessary for these properties to be incorporated for urban commercial development to OCCMF. It is necessary to annex the properties on the west side of Highway 1 to avoid them becoming an island of unincorporated property within the City. Islands of unincorporated properties within a municipality are disallowed by State Code. As a practical matter it is difficult for County and rural service districts to provide services to unincorporated properties within a City. 3. Control of development is in the City's best interest. Given that these properties are well within the growth area, are bordered by City boundaries to the north, east and west, and have or will soon have access to City services, it is in the City's best interest to control development in this area. The conditions for annexation appear to have been met in this case. The Comprehensive Plan states that it is the intent of the City to look favorably on voluntary annexation proposals within the designated growth area. Transition of property taxes: State law permits the City portion of the overall tax levy to be phased in over a period of five years. Because the overall tax levy will increase upon annexation into the City, phasing in the taxes can help mitigate the immediate impact of the increased taxes. For the annexation being initiated by the City (ANN03-00001), staff recommends the transition to City property taxes be phased in over a period of five years according to the maximum amount permitted by State Code. The property owners consenting to being annexed have all indicated it is subject to the transition of City property taxes. The maximum transition schedule permitted is: Year One: 75% abated Year Two: 60% abated Year Three: 45% abated Year Four: 30% abated Year Five: 15% abated It should be noted that upon annexation these properties will have access to City services including but not limited to police and fire protection, municipal utilities, and city development rights. REZONING Concurrent with the annexation request, the City is initiating the rezoning of the annexation parcels from their County zoning designation to the appropriate City zoning classification. For ease of discussion the parcels are discussed separately. \\citynt\shared\PCD\Planning & Zoning Files\Ann\ANN03-00001 S. Central District Annexation.doc 5 Properties north of Highway 1 The properties on the north side of Highway 1 are occupied by the Hargrave-McEleney auto dealership and Berg Auto Sales. The Iowa City Airport also owns a small property north of Highway 1. These businesses are characterized by the outdoor display of merchandise (autos and other equipment), and some maintenance of vehicles. The appropriate city zone for these uses is C1-1, Intensive Commercial, which is intended for uses that utilize outdoor storage of vehicles, repair of motor vehicles, and similar uses. The adjacent properties with frontage on Highway 1 are also zoned C1-1, therefore C1-1 zoning appears to be compatible with the existing character on the north side of Highway 1. The South West District Plan acknowledges that: A large commercial area located along Highway I between Highway 218 and Sunset Street contains a wide variety of uses including auto dealerships, offices, auto body repair shops, a school bus barn, a health club, a convenience store and fast food restaurant . . . these businesses serve a regional market . . . the triangular area northwest of Highway 1 and east of the Westwinds Drive area is under the jurisdiction of Johnson County. As this area is surrounded by the city and city services are available, it should be annexed. The Southwest District Plan land use map identifies this area as General Commercial. Staff recommends the propedies on the west side of Highway 1 be rezoned from County CH, Commercial Highway, to C1-1, Intensive Commercial. Property east of Highway 218, west of Mormon Trek Boulevard extended The South Central District Plan suggests either Intensive or Highway Commercial zoning for the property between Highway 218 and Mormon Trek Boulevard extended. The South Central District Plan also suggests a relatively small area of small apartment buildings along the southern portion of the intensive / highway commercial area, in the vicinity of the Dane Road / Mormon Trek Boulevard intersection. Given the character of the Highway 1 / Mormon Trek Boulevard intersection, and the lack of Highway Commercial zoning around the Highway 218 / Highway 1 interchange, staff recommends CH-l, Highway Commercial zoning for most of the property in between Highway 218 and Mormon Trek Boulevard extended. CH-l, Highway Commercial zoning is intended to permit development of service uses relating to expressways or along other major arterial thoroughfares. Permitted uses include auto and truck oriented uses commercial recreational facilities, dairy products processing and packaging, hotels, motels and convention facilities, office uses permitted in the CO-1 zone, and restaurants. While the C1-1, Intensive Commercial zone perm[ts a wider range of uses and may also be appropriate for this location, staff recommends CH-1 zoning at this time for the following reasons: 1) The CH-1 zone permits hotels and motels, for which there may be a regional market at this highway interchange. Hotels and motels are not permitted in the C1-1 zone; and 2) There appears to be adequate opportunity for C1-1, Intensive Commercial \\citynt\shared\PCD\Planning & Zoning Files\Ann\ANN03-O0001 S. Central District Annexation.doc 6 development in other nearby locations including a few lots off of Escort Lane on the west side of Highway 218, and many vacant parcels in the North Airport Commercial Development. Staff is also recommending C1-1 zoning for the area east of Mormon Trek Boulevard extended (see below). There is not the same supply of CH-zoned land, which is appropriate to have at highway interchange areas. There is a drainageway / creek along the south side of the Davis property that would be an appropriate transition / buffer area between the commercial development to the north and the planned residential areas to the south. The South Central District Plan identifies this drainageway as an appropriate location for the transition from commercial development to the north and residential development to the south. Staff recommends that the area encompassed by the creek / drainageway corridor to the south Davis property line be zoned ID-RS, until such time as more infrastructure is in place and development plans are proposed. Staff is pursuing an appropriate size and location of the ID-RS area with the property owner. Entranceway considerations: The South Central District Plan recommends that entranceway aesthetics be addressed as properties are developed. As with recent rezonings along the Highway 1 corridor, staff recommends a Conditional Zoning Agreement be pursued for the properties on the south side of Highway 1 that will likely soon be redeveloped. The proposed conditions are similar to those agreed to by other property owners along Highway 1: 1. A minimum setback of 30 feet from the Highway 1 right-of-way which shall be landscaped. No parking or paving, other than a sidewalk or trail, shall be permitted within this 30-foot setback. 2. No outdoor storage of materials or merchandise within 100 feet of the Highway 1 right-of-way. This would not apply to outdoor display of motorized vehicles (automobiles, trucks, etc.). 3. Signs, if illuminated, must be internally illuminated. This is a condition related to the close proximity of the Airport, and minimizing the number of upward-facing lights that might be used to illuminate items such as signs. Property east of Mormon Trek Boulevard extended, west of Dane Road: The South Central District Plan recommends highway or intensive commercial zoning around the intersection of Highway 1 / Mormon Trek Boulevard. For the remainder of the area east of Mormon Trek Boulevard extended, the Plan recommends Office Park / Commercial development. The Plan states: In the southeast quadrant of the Highway 218 / Highway 1 intersection, a highway commercial and office area with a hotel would be appropriate as development occurs in this part of the sub area.., the office development could be designed to preserve the character of the wooded ridge and avoid an extension of strip mall problems. However, since the time that the South Central District Plan was completed the Iowa City Airport has purchased more property west of it's east-west runway. This leaves no development opportunity on the east side of Mormon Trek Boulevard, on the south side of Highway 1, therefore the concern with commercial strip development along the south side of \\citynt\shared\PCD\Planning & Zoning Files\Ann\ANN03-00001 S. Central District Annexation.doc Highway 1 is alleviated. There is also less opportunity for intensive or highway commercial development on the east side of Mormon Trek Boulevard on the south side of Highway 1. Staff is also considering the direction of the City Council to provide opportunity to grow the tax base in this area, and a compatible zoning designation with the planned industrial area on the southwest side of the Airport. Staff feels Cl-1, Intensive Commercial, would be the appropriate zoning designation for this area for the following reasons: 1) Intensive commercial uses are typically more compatible with and may have some symbiotic relationship with industrial uses that pure office uses may not; 2) The Ci-1, Intensive Commercial zone also allows all of the office uses in the CO- 1 zone, therefore if the property owners and the 'market' find that this area is conducive to commercial office development, the C1-1 zone will allow it; and 3) The City Council has determined to extend Mormon Trek Boulevard into this area to provide opportunity for commercial development and grow the tax base. The C1-1, Intensive Commercial zone, because it allows a wider variety of uses, provides more oppodunity for commercial development than the Office Commercial zone. If the area does end up being utilized by office commercial uses, it may be appropriate to rezone a portion of this land to CO-1, Office Commercial in the future, in order to protect an office character that may emerge. At this time however, staff fee~s the C1-1, Intensive Commercial zone provides the greatest opportunity for commercial growth at this location. South Central District Plan amendment: Based on the above reasoning, staff recommends the South Central District Plan be amended to reflect Intensive Commercial zoning east and north of Mormon Trek Boulevard extended, and the following change to the text on page 24 of the plan: In the southeast quadrant of the Highway 218/Highway 1 intersection, a highway commercial and office area with a hote; would be appropriate as development occurs in this part of the subarea. The highway commercial businesses would be well situated in this area to serve motorists on the highways;~,,~""'~ *~'".,,~ ..m..~v,,.vv ~v.v,v,.,,,v,,. '~ .... ' ..... * ex.w.+~--;~-,~,~,, cf ~+'~" ~'"" ~.."-"~'""~,~..,~. The Iowa City Airport has purchased much of the land on the south side of Highway 1, east of Mormon Trek Boulevard, which limits opportunity for commercial development with frontage on Highway 1. Intensive Commercial or Commercial Office uses on the east side of Mormon Trek Boulevard would be most compatible with the Iowa City Airport, and the planned industrial area to the east. Property owned by Iowa City Airport: For the properties owned by the Iowa City Airport, staff recommends P, Public Zoning. The public zone is intended for properties owned or controlled by governmental entities. \\citynt\shared\PCD\Planning & Zoning Files\Ann\ANNO3-O0001 S, Central District Annexation.doc STAFF RECOMMENDATION: Staff recommends that ANN01-00004, an application for the annexation of approximately 6.65 acres of property (the John Dane property) located east of Mormon Trek Boulevard extended, west of Dane Road, be approved. Staff recommends that REZ03-00013, an application for a rezoning from RS, Suburban Residential, to C1-1, Intensive Commercial, for approximately 6.65 acres of properly located east of Mormon Trek Boulevard extended, west of Dane Road, be approved. Staff recommends that ANN03-00001 a city-initiated annexation of approximately 144 acres of property east of Highway 218, west of the Iowa City Airport, both north and south of Highway 1, be approved, and that the city property tax levy be transitioned according to the maximum transition schedule permitted by State Code. Staff recommends that REZ03-00013 a city-initiated rezoning of approximately 144 acres of property east of Highway 218, west of the Iowa City Airport, both north and south of Highway 1, be approved as follows: 1. Rezoning the properties on the north side of Highway 1 from County CH, Highway Commercial, to C1-1, Intensive Commercial; and 2. Rezoning the properties east of Highway 218, west of Mormon Trek Boulevard extended from RS, Suburban Residential, R-lA, Urban Residential and C2, Commercial to CH-l, Highway Commercial and ID-RS, Interim Development Residential, subject to a Conditional Zoning Agreement regarding entranceway site design standards; and 3. Rezoning the properties east of Mormon Trek Boulevard extended from RS, Suburban Residential to C1-1, Intensive Commercial; and 4. Rezoning the property controlled by the Iowa City Airport from it's County zoning designation to P, Public. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development ATTACHMENTS: 1. Location map including staff-recommended zoning designations \\citynt\shared\PCD\Planning & Zoning Files\Ann\ANN03-O000'~ S. Central District Annexation.doc P CC 2 CI I ~ P/I 1 Blvd. extended - SITE LOCATION: Staff-recommended Zoning Designations ANN03-00001/REZ03-00013 Iowa City, iowa April t8, 2003 Iowa City Council Civic Center Iowa City, Iowa 52240 Councilors: The City staff has recommend annexation of 150 acres in Southwest Iowa City (ANN034)0001). Included in that package Is approximately 6.5 acres owned by John Dane which was applied for annexation two years ago (ANN01-00004). This parcel was deferred because at the time, it was not contiguous to City limits. City staff Is recommending that City property taxes be phased in over a period of five years according to the mximum amount permitted by State Code for the annexation ANN034)0001. At this time I request that a simlisr City property tax phase in be granted to the John Dane property annexation ANN014)0004. Thank you for your consideration. ~4 n Dane cc: Marian Kart cc: Karlu Franklin cc: David Larsen Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ01-00013) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 6.1 ACRES FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO C11, INTENSIVE COMMERCIAL, FOR PROPERTY LOCATED WEST OF DANE ROAD, EAST OF MORMON TREK BOULEVARD EXTENDED. WHEREAS, (Harold) John Dane has applied for the annexation and rezoning of approximately 6.1 acres of property from County RS, Suburban Residential, to CI1, intensive Commemial; and WHEREAS, this property has been identified by the City as appropriate for commercial development; and WHEREAS, the extension of Mormon Trek Boulevard, planned for construction in 2003, will provide the urban infrastructure to support commercial development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. The property legally described below is hereby redesignated from RS, Suburban Residential, to CI1, Intensive Commercial: In Section 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Part DESC as AP#2 in Bk 871 PG 204; AND EXC that part lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Runway; Said parcel is also identified as Johnson County Parcel #1020176009. SECTION II. ?(3NING MAP The Building Inspector 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 this Ordinance as provided by law SECTION III CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law SECTION IV RFPFAI FR. Ail ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V RFVERABILITY. 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 ,20 MAYOR ATTEST: CITY CLERK City Attorney's Office ppdad n¥c~d/dane mzon.doc Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ03-00013) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144 ACRES FROM COUNTY CH, C2, R1A, RS, AND A1 TO P, PUBLIC; CH1, HIGHWAY COMMERCIAL; C1-1, INTENSIVE COMMERCIAL; AND IDRS, INTERIM DEVELOPMENT RESIDENTIAL, FOR PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND SOUTH OF HIGHWAY 1. WHEREAS, the City is coordinating and initiating the rezoning of approximately 144 acres of land in conjunction with the annexation of said properties; WHEREAS, the City consulted the Southwest District Plan and South Central District Plan, which are part of the Comprehensive Plan, in considering appropriate zoning designations; and WHEREAS, the Iowa City Airport owns properties being annexed to the City of Iowa City which should be zoned public to reflect public ownership; and WHEREAS, the City has identified the properties east and west of the Mormon Trek Boulevard Extension as appropriate for commercial development; and WHEREAS, the extension of Mormon Trek Boulevard, scheduled for construction in 2003, will provide the infrastructure to support commemial development in this vicinity; and WHEREAS, to address concerns with entranceway aesthetics along the Highway 1 frontage, the property ownem of undeveloped private property which front on Highway 1 have agreed to a conditional zoning agreement defining setback and appearance considerations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAl A. The privately-owned properties on the north side of Highway 1 being annexed, legally described as follows, are hereby redesignated from County CH, Highway Commercial, to C1-1, Intensive Commemial. COM 300' S OF NE COR S 89° W 25.5', S35o W 999.95', S 45° W 196.67' TO POINT OF BEG., THENCE S 45° W 159.31' S 26° W 229.95' N 54° W TO W LINE E½ NE, N ALONG SAID W LINE TO POINT N 54° W TO BEG, identified as Johnson County, Iowa parcel #1020105002; and COM 300' S OF NE COR 20-79-6 S 89° W 25.5', S 35° W 893.31' TO POG, THENCE S 35° W 106.64', S 45° W 196.67', N 54° W TO W LINE E% NE, N ALONG SAID W LINE TO PT N 54° W OF BEG., S 54° E TO BEG, identified as Johnson County, Iowa pamel #1020105001. COM 300' S OF NE COR SECTION 20, T79N, R6W, S 89° W 25.5', S 35° W 999.95', S 45° W 355.98', S 26° W 229.95', S 54° W TO C/L HWY, SWLY ALONG C/L 140' TO POINT OF BEG, THENCE SWLY 170', N 54o, W TO W LINE E % NE, N ALONG W LINE TO POINT N 54° W OF BEG., S 54° W TO BEG, identified as Johnson County, Iowa parcel #1020177002. B. The properties controlled by the Iowa City Airport, legally described as follows, are hereby redesignated from RS, Suburban Residential; R1A, Urban Residential; County CH, Highway Commercial; and C2, Commercial to P, Public: Commencing at the northeast corner of Section 20, Township 78 North, Range 6 West of the 5th P.M., thence south 300.00 feet, thence south 89 degrees 52 minutes 00 seconds, west 25.50 feet to the northwesterly right of way line of Iowa Highway #1, thence south 35 degrees 20 minutes 00 seconds west 999.95 feet, thence south 45 degrees 51 minutes 15 seconds west 355.98 feet, thence south 26 degrees 44 minutes 36 seconds west 229.95 feet, thence south 54 degrees 40 minutes 00 seconds east to the center line of Iowa Highway #1 and the point of beginning of the tract herein described; thence southwesterly along said center line 140 feet, thence north 54 degrees 40 minutes 00 seconds west to the west line of the east half of the northeast quarter of Section 20, Township 79 North, Range 6 West of the 5~ P.M., thence north along the said west line of the east half of the northeast quarter of said Section 20 to a point which bears north 54 degrees 40 minutes 00 seconds west of the point of beginning, thence south 54 degrees 40 minutes 00 seconds east to the point of beginning; subject to an easement to the State of Iowa for road purposes and for use as a public highway and subject to an easement for access to adjoining lots and for construction of utility services, which easement is 30 feet in width, the southerly line of which is the northerly right of way line of Iowa Highway #1, and subject to an easement for the construction, operation and maintenance of a sanitary sewer line 5 feet on either side of the existing sanitary sewer line as presently located on said real estate, excepting therefrom that portion conveyed to the State of Iowa for highway purposes by deed records in Book 544, Page 100, Records of Johnson County, Iowa. and Commencing at the NE corner of said Section 20; thence S0°33~N, 377.5 ft. along the east line of the NE ¼ of said Section 20, to the centerline of Primary Road No. 1; thence S35°30 ½'W, 1838.6 ft. along said centerline and centerline tangent; thence N54°29 ¼'W, 101.3 ft. to the Point of Beginning; thence continuing Ordinance No. Page 2 N54"29 %'W, 231.0 ft. to a point on the west line of the E % NE ¼ of said Section 20; thence S0°27 %'W, 328.7 ft. along said west line; thence N44°26 ¼'E, 272.4 ft. to the Point of Beginning; containing 0.71 acre (31,088 sq. ff.), more or less. That part of the E 1/2 of the NE 1/4 of Section 20, Township 79 North, Range 6 West, lying northwesterly of the original State Highway No. 1, southeasterly of the present State Highway No. 1, and southwesterly of the county road (Dane Road), in Johnson County, Iowa, described as follows: Commencing at the NE corner of said Section 20; thence S 01044'47" W (S 01045, W record) along the East line of said NE 1/4 and along the centerline of said original State Highway No. 1 a distance of 1136.58 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave westerly; thence southerly along said curve and said centerline 164.80 feet to the intersection with the centerline of the county road (Dane Road) and the point of beginning; thence continuing along said curve and said centerline of Original Iowa State Highway No. 1 in a southwesterly direction 463.03 feet; thence S 64o31'47" W along said centerline 604.34 feet to a point on the southeasterly right-of-way line of present Iowa State Highway No. 1; thence N 10o26'45" E along said right-of-way line 112.47 feet (113.0 feet record); thence N 38007'45'' E along said right-of-way line 199.94 feet (200.1 feet record); thence N 41o36'00" E along said right-of-way line 351.41 feet (351.3 feet record); thence N 36042'20'' E along said right-of-way line 49.93 feet (50.0 feet record); thence N 28055'53.. E along said right-of-way line 111.07 feet (111.0 feet record); thence N 58o00'48'' E along said right-of-way line 96.64 feet (96.6 feet record); thence N 36o42'10" E along said right-of-way line 168.10 feet to a point on the southwesterly right-of-way line of Dane Road; thence N 84o23'41" E along said southeasterly right-of-way line of Iowa State Highway No. 1 a distance of 58.14 feet (58.1 feet record) to a point on the centerline of said Dane Road; thence S 36°17'50" E along said centerline 84.53 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave southwesterly; thence southeasterly along said centerline 215.65 feet to the point of beginning, and containing 6.314 acres. Subject to Dane Road right-of-way and easements of record. For the purpose of this description, the east line of the NE 1/4 of said Section 20 is assumed to bear S 01044'47" W. The above described parcel is the same parcel as described in the special warranty deed to trust as recorded in Book 2244, Page 116 in the Johnson County Recorder's Office. and That part of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder, in the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southwest corner of said Southeast Quarter of the Northeast Quarter; thence South 88°34'01" East along the south line of said Southeast Quarter of the Northeast Quarter 194.00 feet to the southeast corner of said parcel; thence North 04004'00" East along the east line of said parcel 159.18 feet to the point of beginning; thence North 48018'05" West 210.60 feet to the southeasterly right of way line of Iowa State Highway No. 1; thence North 48o35'35'' East along said right of way line 237.85 feet to the east line of said parcel; thence South 04°04'00" West along said east line 298.16 feet to the point of beginning, containing 24,864 square feet, subject to easements and restrictions of record, if any. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 50~ Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 88o34'01" West along the south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast corner of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North 04°04'00" East (North 02050. East record) along the east line of said parcel 158.70 feet to a point on the southwesterly right-of-way line of proposed Mormon Trek Boulevard and a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence southeasterly along said curve and said southwesterly right-of-way line 109.68 feet through a central angle of 06o41'08" and having a chord bearing South 43019'05" East 109.92 feet to the point of beginning; thence North 62o27'56'' East 30.54 feet; thence South 48027'49'' West 29.86 feet to the b.eginning of a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly right-of-way of proposed Mormon Trek Boulevard 7.39 feet through a central angle of 00o27'02" and having a chord bearing North 39045'00'' West 7.39 feet to the point if beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5m Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01o44'47" East (North 01045, East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; Ordinance No. Page 3 thence South 63o52'17'' West along the southeasterly line of a parcel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63052'30'' West 298.8 feet record); thence North 19o00'13'' West (North 19000, West record) along the west line of said pamel 247.05 feet to the point of beginning; thence South 62027'56'' West 810.16 feet; thence North 19o00'13" West 174.33 feet to the east line of a parcel of land described in Book 1908, Page 205 in the Office of the Johnson County Recorder; thence Nodh 04o04'00" East (North 02050' East record) along said east line 220.08 feet to a point on the southeasterly right-of-way line of Iowa State Highway Number 1; thence North 44046'50" East along said right-of-way line 385.18 feet (North 43033, East 389.1 feet record) to the centerline of original Iowa State Highway Number 1; thence North 64o31'47" East (North 64°32' East record) along said centerline 371.76 feet to the west line of said parcel described in Book 871, Page 204; thence South 19o00'13" East along said west line 468.66 feet to the point of beginning. and That pad of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01044'47" East (North 01045' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63o52'17" West along the southeasterly line of a parcel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63052'30" West 298.8 feet record); thence North 19o00'13'' West (North 19000' West record) along the west line of said parcel 198.73 feet to a point on the south right-of-way line of proposed relocated Dane Road and the point of beginning; thence North 88o15'13'' West along said right-of-way line 97.71 feet; thence North 62027'56'' East 92,39 feet to a point on said west line; thence South 19o00'13" East along said west line 48.32 feet to the point of beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5~h Principal Meridian in Johnson County, iowa, described as follows: Commencing at the southeast comer of said Southeast Quarter of the Northeast Quarter; thence North 88o34'01" West along the south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast corner of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North 04004'00" East (North 02050' East record) along the east line of said parcel 158.70 feet to a point on the southwesterly right-of-way line of proposed Mormon Trek Boulevard and the point of beginning; thence continuing North 04°04'00" East along said east line of that parcel of land described in Book 1908, Page 205 a distance of 78.57 feet; thence South 19o00'13" East 136.90 feet to a point on a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly right-of-way line of proposed Mormon Trek Boulevard 71.59 feet through a central angle of 04o21'50" and having a chord bearing North 44°28'43" West 71.58 feet to the point of beginning. C. Subject to the terms and conditions of a conditional zoning agreement, attached hereto and incorporated by reference herein, the properties on the east side of Highway 218, west of Mormon Trek Boulevard Extended, are hereby redesignated from RS, Suburban Residential; R1A, Urban Residential; and C2, Commercial to CH-l, Highway Commercial: North 18.56 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20, T79N, R 6W, excepting the portion east of Mormon Trek Boulevard. BEG AT A POINT N 89° E 1135.7' FROM THE CENTER OF SEC 20 T79N, R6W ON THE S LINE OF SAID SW NE, N 390 E, 180.9', N 30° E 140.4' TO EAST LINE OF SAID SW NE, S 0° E 258.0', ALONG EAST LINE TO SOUTH LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF BEG, which is .51 acres, more or less, identified as Johnson County, Iowa parcel #10201590; and COM SW COR SE NE E 194', N 649', SW 330', S 412' TO bog EX. Land conveyed to City of I.C. in 2727-90 (survey 41-75), which is 1.47 acres more or less, identified as Johnson County, Iowa parcel #10201760. D. The property on the east side of Highway 218, on the south side of an existing drainageway corridor, is hereby redesignated from RS, Suburban Residential, to ID-RS, Interim Development Single-Family Residential: COMMENCING AT THE EAST ¼ CORNER OF SAID SECTION 20, THENCE SOUTH 00°09'17" WEST ALONG THE EAST LINE OF THE SOUTHEAST ¼ OF SAID SECTION 20 A DISTANCE OF 1224.96 FEET (18.56 CHAINS); THENCE SOUTH 89o40'57" WEST A DISTANCE OF 686.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 89040'57" WEST A DISTANCE OF 672.65 FEET TO A HIGHWAY RIGHT OF WAY MARKER ON THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 218; THENCE NORTH 11040'09'' WEST ALONG SAID HIGHWAY RIGHT OF WAY LINE A DISTANCE OF 283.38 FEET; THENCE SOUTH 74o45'09'' EAST A DISTANCE OF 37.99 FEET; THENCE NORTH 64o08'51" EAST A DISTANCE OF 32.48 FEET; THENCE SOUTH 86o19'36" EAST A DISTANCE Ordinance No. Page 4 OF 217.65 FEET; THENCE SOUTH 76039'28" EAST A DISTANCE OF 84.25 FEET; THENCE SOUTH 58°49'25" EAST A DISTANCE OF 201.41 FEET; THENCE SOUTH 34°29'14" EAST A DISTANCE OF 69.35 FEET; THENCE SOUTH 61o31'31'. EAST A DISTANCE OF 174.40 FEET TO THE POINT OF BEGINNING. CONTAINING 3.10 ACRE. E. The properties on the east side of Mormon Trak Boulevard Extended, west of Dane Road, legally described as follows, are hereby redesignated from RS, Suburban Residential, to C1-1, Intensive Commercial: North 18.567 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20, T79N, R6W, excepting the portion west of Mormon Trek Boulevard. gECTI©N II. ZONING MAP. The Building Inspector 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 this Ordinance as provided by law ~ECTION III CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the conditional zoning agreement between property owners and the City. SECTION IV CERTIFICATION AND RFC. OF{DING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SEC~. Ail ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. REC~TI(3N 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. .'~ECTION VII FFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20__ MAYOR ATTEST: CITY CLERK City'A{to"'me~'s ~YnV~ce Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa Ci~, IA 52240; 319-356-5247 (REZ03-00013'.~ ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144 ACRES FROM COUNTY CH, C2, R1A, RS, AND A1 TO P, PUBLIC; CHI, HIGHWAY COMMERCIAL; AND IDRS, INTERIM DEVELOPMENT RESIDENTIAL, FOR PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND SOUTH OF HIGHWAY 1. WHEREAS, the City is coordinating and initiating the rezoning of approximately 144 acres of land in conjunction with the annexation of said properties; WHEREAS, the City consulted the Southwest District Plan and South Central District Plan, which are part of the Com ~sive Plan, in considering appropriate zoning designations; and the Iowa City Airport owns properties being annexed to the City of Iowa City which should be zoned lublic ownership; and WHEREAS ity has identified the properties east and west of the Mormon Trek Boulevard Extension as appropriate fo and WHEREAS, the ;ion of Mormon Trek Boulevard, schedL for construction in 2003, will provide the infrastructure to su ~ercial development in this vicinity; a~ WHEREAS, to entranceway the Highway 1 frontage, the property owners of undeveloped ~roperty which front on Hi(, 1 have agreed to a conditional zoning agreement defining setback and a ~nce considerations. NOW, THEREFORE, NED BY THE CITY ( INCIL OF THE CITY OF IOWA CITY, IOWA: A. The privately-owned the north sid Highway 1 being annexed, legally described as follows, are hereby redesignated from Commercial, to CH-l, Highway Commercial: COM 300' S OF NE COR S 89° W 999.95', S 45° W 196.67' TO POINT OF BEG., THENCE S 45° W 159.31' S 26° W 229.95' N TO W LINE E!/= NE, N ALONG SAID W LINE TO POINT N 54° W TO BEG, identified as Johnson nty, Iowa parcel #1020105002; and COM 300' S OF NE COR 20-79-6 S 89° W S 35° W 893.31' TO POG, THENCE S 35° W 106.64', S 45° W 196.67', N 54° W TO W LINE E¼ NE 4G SAID W LINE TO PT N 54° W OF BEG., S 54° E TO BEG, identified as Johnson County, Iowa ,105001. COM 300' S OF NE COR SECTION 89° W 25.5', S 35° W 999.95', S 45° W 355.98', S 26° W 229.95', S 54° W TO C/L HWY ~) POINT OF BEG, THENCE SWLY 170', N 54o, W TO W LINE E ~ NE, N ALON LINE TC OF BEG., S 54° W TO BEG, identified as Johnson County, Iowa parcel #102~ B. The properties controlled by Iy Airport, as follows, are hereby redesignated from RS, Suburban Residential; Urban Residential; CH, Highway Commercial; and C2, Commercial to P, Public: Commencing at the ;orner of Section 20, Townshi )rth, Range 6 West of the 5th P.M., thence south 300.00 feet, th~ south 89 degrees 52 minutes west 25.50 feet to the northwesterly right of way lin~ Iowa Highway #1, thence south 35 minutes 00 seconds west 999.95 feet, thence south , minutes 15 seconds west bu.~u re,et, thence south 26 degrees 44 m nutes 36 seconds west z thence south 54 degrees 40 minutes'~0 seconds east to the center line of Iowa Highway #1 ar~ [ne of beginning of the tract herein describe(~t~, thence southwesterly along said center line 140 feet, ~'hence north 54 degrees 40 minutes 00 seconds west~o the west line of the east half of the northeast qua/ret of Section 20, Township 79 Nodh, Range 6 West or, he 5th P.M., thence north a ong the said west lin~/ of the east half of the northeast quarter of said Section 2'~ to a point which bears north 54 degrees 40 r0~nutes 00 seconds west of the point of beginning, thence south,54 degrees 40 minutes 00 seconds east to t~ point of beginning; subject to an easement to the State of Iowa'~or road purposes and for use as a public ,~ighway and subject to an easement for access to adjoining lots ai~d for construction of utility services, which easement is 30 feet in width, the southerly line of which is the northerly right of way line of Iowa Highway #1, and subject to an easement for the construction, operation and maintenance of a sanitary sewer line 5 feet on either side of the existing sanitary sewer line as presently located on said real estate, excepting therefrom that portion conveyed to the State of Iowa for highway purposes by deed records in Book 544, Page 100, Records of Johnson County, Iowa. and Commencing at the NE corner of said Section 20; thence S0°33'W, 377.5 ft. along the east line of the NE ¼ of said Section 20, to the centerline of Primary Road No. 1; thence S35°30 WW, 1838.6 ft. along said centerline and centerline tangent; thence N54°29 ½'W, 101.3 ft. to the Point of Beginning; thence continuing N54°29 %'W, 231.0 ft. to a point on the west line of the E % NE ¼ of said Section 20; thence S0°27 ¼'W, Ordinance No. Page 2 328.7 ft. along said west line; thence N44°26 ~'E, 272.4 ft. to the Point of Beginning; containing 0.71 acre (31,088 sq. ft.), more or less. That pad of the E 1/2 of the NE 1/4 of Section 20, Township 79 North, Range 6 West, lying northwesterly of the original State Highway No. 1, southeasterly of the present State Highway No. 1, and southwesterly of the county road (Dane Road), in Johnson County, Iowa, described as follows: Commencing at the NE corner of said Section 20; thence S 01°44'47'' W (S 01°45' W record) along the East line of said NE 1/4 and along the centerline of said original State Highway No. 1 a distance of 1136.58 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave westerly; thence southerly along said curve and said centerline 164.80 feet to the intersection with the centerline of the county road (Dane Road) and the point of beginning; thence continuing along said curve and said centerline of Original Iowa State Highway No. 1 in a southwesterly direction 463.03 feet; thence S 64°31'47'' W along said feet to a point on the southeasterly right-of-way line of present Iowa State Highway No. 1; thence N 1( along said right-of-way line 112.47 feet (113.0 feet record); thence N 38°07'45'' E along said right-of-way 199.94 feet (200.1 feet record); thence N 41o36'00" E along said right-of-way line 351.41 feet (351.3 feet thence N 36o42'20'' E along said right-of-way line 49.93 feet (50.0 feet record); thence N 28o55'53'' ~long said right-of-way line 111.07 feet (111.0 feet record); thence N 58°00'48'' E along said right-of-way line 64 feet (96.6 feet record); thence N 36o42'10'' E along said right-of-way line 168.10 feet to a F westerly right-of-way line of ~)ane Road; thence N 84o23'41'' E along said southeasterly right-of-way line ofHighway No. 1 ~ distance of 58.14 feet (58.1 feet record) to a point on the centerline of said Road; thence S 36o17 E along said centedine 84.53 feet to the beginning of a curve to the right, having a radiu~ of 572.96 feet, concave southwesterly; thence southeasterly along said cz feet to the point ~ ~nning, and containing 6.314 acres. Subject to Dane Road rig of For the purpose of this description, the east line of the NE 1/4 of said Section 20 is ~ed to bea 01o44'47'' W. The above described parcel is the same parcel as described in the special ~ trust as recorded in Book 2244, Page 116 in the Johnson County Recorder's Office. and That part of a parcel of land described in 1908, Page 205, in the Office of the Johnson County Recorder, in the Southeast Quarter of the Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian a, described as follows: Commencing at the southwest corner of Quarter of the Northeast Quarter; thence South 88o34'01'' East along the south line of the Northeast Quarter 194.00 feet to the southeast corner of said parcel; thence Nc 04o04'00'' along the east line of said parcel 159.18 feet to the point of beginning; thence North 48ol the southeasterly right of way line of Iowa State Highway No. 1; thence North 48° Iht of way line 237.85 feet to the east line of said parcel; thence South 04°04'00" along said east ~e 298.16 feet to the point of beginning, containing 24,864 square feet, sub of record, if any. and That part of the Southeast ¢ ~r of the Northeast Quarter, Township 79 North, Range 6 West of the 5th Principal Merid in Johnson County, Iowa, de as follows: Commencing at the southeast corner of said South uarter of the Northeast Quarter 88o34'01" West along the south line of said Southeast./uuarter of the Northeast Quarter 1,1; ,.73 feet to the southeast corner of a parcel of land described in Book 1908, Page 205, in the Office of the J hnson County Recorder; thence North 04°04'00'' East (North 02°50' East record) along the east line of sale 158.70 feet to a point on the southwesterly right-of-way line of proposed Mormon Trek Boulevard ant a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence , along said curve and said southwesterly right-of-way line 109.68 feet through a central angle of and having a chord bearing South 43o19'05" East '109.92 feet to the point of beginning; thence North 62°27'56" East 30.54 feet; thence South 48°27'49'' West 29.86 feet to the beginning of a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly right-of-way of proposed Mormon Trek Boulevard 7.39 feet through a central angle of 00°27'02" and having a chord bearing North 39°45'00'' West 7.39 feet to the point if beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5~h Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01044'47" East (North 01o45' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63o52'17'' West along the southeasterly line of a parcel of land described in Book 871, Page Ordinance No. Page 3 204, in the Office of the Johnson County Recorder 298.84 feet (South 63°52'30'' West 298.8 feet record); thence Nodh 19o00'13" West (North 19o00' West record) along the west line of said parcel 247.05 feet to the point of beginning; thence South 62o27'56" West 810.16 feet; thence North 19o00'13'' West 174.33 feet to the east line of a parcel of land described in Book 1908, Page 205 in the Office of the Johnson County Recorder; thence North 04°04'00'' East (North 02°50' East record) along said east line 220.08 feet to a point on the southeasterly right-of-way line of Iowa State Highway Number 1; thence North 44"46'50" East along said right-of-way line 385.18 feet (North 43°33' East 389.1 feet record) to the centerline of original Iowa State Highway Number 1; thence North 64o31'47" East (North 64°32' East record) along said centerline 371.76 feet to the west line of said parcel described in Book 871, Page 204; thence South 19o00'13'' East along said west line 468.66 feet to the point of beginning. and That part of the Southeast Quarter of the Northeast Quader of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01o44'47" East (North 01o45' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63o52'17" West along the southeasterly line of a parcel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63°52'30'' West 298.8 feet record); thence North 19o00'13'' West (North 19°00' West record) along the west line of said parcel 198.73 feet to a point on the, s,o,,uth right-of-Wa~y line of proposed relocated Dane Road and the point of beginning; thence North 88o15 13 West along si~.d right-of-way line 97.7'1 thence North 62°27'56'' East 92.39 feet to a point on sa~d west I~ne; thence Sou,th 19 00 13 East along line 48.32 feet to the point of beginning. and That part of the Southeast Quadro' of the Northeast Jarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in~J~ohnson Coun Iowa, described as follows: Commencing at the southeast corner of said Southeast Quart~r~ of the Quarter; thence North 88°34'01" West along the south line of said Southeast Quarter of Quarter 1,129.73 feet to the southeast corner of a parcel of land described in Book 1908, Pa~ ,f the Johnson County Recorder; thence North 04004'00'' East (North 02050' East record) alo~ e east line of said parcel 158.70 feet to a point on the southwesterly right-of-way line of proposed ~n Trek Boulevard and the point of beginning; thence continuing North 04°04'00'' East along said east I that parcel of land described in Book 1908, Page 205 a distance of 78.57 feet; thence South 19o00'1 136.90 feet to a point on a non-tangent curve to the right, said curve having a thence northwesterly along said curve and said southwesterly right-of-way line of F ~n Trek Boulevard 71.59 feet through a central angle of 04o21'50" and having a chord bearir Nort West 71.58 feet to the point of beginning. C. Subject to the terms and condit of a zoning agreement, attached hereto and incorporated by reference herein, the on the east of Highway 218, west of Mormon Trek Boulevard Extended, are hereby redesign~ R1A, Urban Residential; and C2, Commercial to CH-l, Highway North 18.56 chains of the North h~ of the Southeast q ,,of Highway right-of-way Section 20, T79N, R 6W, excepting the ~ortion e ~J ~f Mormon Trek Boulevard. BEG AT A POINT N 89 E 1135/7 :ROM THE CENTER OF SEC 20"~79N, R6W ON THE S LINE OF SAID SW NE, N 39° E, 180.9', N ?)0o E 140.4' TO EAST LINE OF SAID ~ NE, S 0o E 258.0', ALONG EAST LINE TO SOUTH LiNE OF ~AIF SW NE, S 89° W 188.3' ALONG SOL,~H LiNE TO THE POINT OF BEG, which is .51 acres, more or I~ss, identified as Johnson County, iowa parcel'S10201590; and COM SW COR SE NE E 19~A', N 649', SW 330', S 412' TO beg EX. Land '~onveyed to City of I.C. in 2727-90 (survey 41-75), which/is 1.47 acres more or less, identified as John~n County, iowa parcel #10201760. D. The property on the ea/st side of Highway 218, on the south side of an existing ~ainageway corridor, is hereby redesignated from RS/Suburban Residential, to ID-RS, Interim Development Singl~-Famiiy Residential: COMMENCING AT TH~ EAST ¼ CORNER OF SAID SECTION 20, THENCE SOU~'H 00o09'17'' WEST ALONG THE EAST LINE/~)F THE SOUTHEAST ¼ OF SAID SECTION 20 A DISTANCE OF 1224.96 FEET (18.56 CHAINS); THENCE SOUTH 89°40'57'' WEST A DISTANCE OF 686.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 89°40'57'' WEST A DISTANCE OF 672.65 FEET TO A HIGHWAY RIGHT OF WAY MARKER ON THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 218; THENCE NORTH 11o40'09" WEST ALONG SAID HIGHWAY RIGHT OF WAY LiNE A DISTANCE OF 283.38 FEET; THENCE SOUTH 74°45'09'' EAST A DISTANCE OF 37.99 FEET; THENCE NORTH 64°08'51'' EAST A DISTANCE OF 32.48 FEET; THENCE SOUTH 86°19'36'' EAST A DISTANCE OF 217.65 FEET; THENCE SOUTH 76.39'28" EAST A DISTANCE OF 84.25 FEET; THENCE SOUTH Ordinance No. Page 4 58°49'25" EAST A DISTANCE OF 201.41 FEET; THENCE SOUTH 34o29'14" EAST A DISTANCE OF 69.35 FEET; THENCE SOUTH 61o31'31'' EAST A DISTANCE OF 174.40 FEET TO THE POINT OF BEGINNING. CONTAINING 3.10 ACRE. E. The properties on the east side of Mormon Trek Boulevard Extended, west of Dane Road, legally described as follows, are hereby redesignated from RS, Suburban Residential, to C1-1, Intensive Commercial: In Section 20, Township 79, Range 6, that part of SE NE S of RD EXC the W 194'; EXC that part of Hwy in the NW COR; EXC THAT PART DESC AS AP#2 IN BK 871 PG 204; AND EXC THAT PART LYING WITHIN THE SURVEY REC IN BK 42 PG 19 OF JC RECORDER DESC AS THE RUNWAY, said parcel is identified as Johnson County, Iowa parcel #1020176009. Plus North 18.567 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20, T79N R6W, excepting th~ The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa Iowa, to conform to this amendment upon the final passage, approval and publication, law Following final passage and approval of this ordinance, the Mayor is hereby ~rized and sign, and the City Clerk to attest, the conditional zonin¢ between The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage an provided by law. ~. All ordinances ~d parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI SEVERABILITY part of the Ordinance shall be adjudged to be invalid or unconstitutional, such of the Ordinance as a whole or any section, provision or part thereof not ad nva,o or unconstitutional. SECTION VII. EFFECTIVE DATF. Ordinance sh'~ be in effect after its final passage, approval and publication, as provided by law. Passed and approved this d~ of '"~20__ . MAYOR /~ , ATTEST: CITY CLERK Approved by C it~'A't't 8¢'n e~;'s ppdadrrCord/airpod rezon doc Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00017) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter" ;ity") and James Davis, Robert Davis, and Jan Smith (hereinafter "Owners"), City of Iowa City is coordinating and initiating the ant and rezoning of property Owners, part of which has frontage on Highway 1; a WHEREAS, Higl ' I is an entranceway to Iowa City; and WHEREAS, the City identified entranceway aesthetics as a and WHEREAS, Owner that certain minimal condition~ restrictions are reasonable to ensure a minimum of ceway aesthetics, and to ens that any illuminated signs do not interfere with the c he Iowa City Airport. NOW, THEREFORE, in consid ion of mutual promi., contained herein, the Parties agree as follows: 1. James Davis, Robert Davis, Smith are owners and legal title holders of property east of Highway 218, south of Hi( as follows: North 18.56 chains of the North half Southeast quarter East of Highway right-of-way Section 20, T79N, R 6W 2. Owners acknowledge that the City wis ensure a minimum amount of entranceway aesthetics as properties fronting on High ~re developed. 3. In consideration of the City's rezomr the ;rty from RS, Suburban Residential, R1-A, Urban Residential, and C2, to CH-1 ighway Commercial, the Owners agree that any development of the proper~ following site design standards: a. A minimum setback of 30 rom the HighwayS1 right-of-way shall be landscaped. No parking or paving, other than ~ dew~ dk or trail, shal~ be permitted in this 30-foot setback. b. No outdoor storage ,o,f mate/ Is or merchandise\with~ 100 feet of the Highway I right-of- way shall be permitt~.d. ~ ~i~ aE s not apply to outdoo~display of motorized vehicles, such as automobiles and t'uck / ~ c. Signs, if illuminated, mA ;t be internally illuminated, in ~,rder to minimize the chance of upward turning lights bei ~ used on the property. ~ 4. cOo~t~nsa~ree that the si development and site plan of th~property shall reflect these 5. Owners acknowledge Ihe conditions contained herein are reasonable conditions to impose on the land, and under Code 414.5 (2001), and that said conditions satisfy public needs that are related to dng change. 6. Owners acknowledge th~ in the event any portion of the subject property is transferred, sold, redeveloped, or opment and redevelopment will conform with the terms of this Conditional Zoning Agreement. ppdadm/ag~REZO3-00017CZA,doc REZ03-00017 CZA Page 2 7. The parties acknowledge that this Conditional Zoning Agreement will 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 running with the title to the land unless or until released of record by the City. The parties further acknowledge that this agreement will inure to the benefit of and bind all successors, representatives, and assigns of the parties. $. Owners acknowledge that nothing in the Conditional Zoning Agreement will be construed to relieve the owner from complying with all applicable local, state and federal regulations. 9. The parties agree that this Conditional Zoning Agreement will be incorporated by reference into the ordinance rezoning the subject property and that upon adoption..~nd publication of the ordinance, this agreement will be recorded in the Johnson County Re~rder's Office. 10. Owners acknowledge that t~s Conditional Zoning Agreement ca, R~be executed in counterparts, and said counterparts shall c~q~,titute one original agreement/ Dated this day of ~ ,2003. // OWNER CITY ~/F IOWA CITY ,,,By: James Davis ,/ Ernest Lehman, Mayor Attest K. Karr, City Clerk )roved by: ., Cit~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day/of before me, the undersigned, a Notary Public in and f~ said County, in said State, appeared / , to me known to be the identical ~s named in and who executed the within and foregoing ~hstrument, and acknowledged that the same as his voluntary act and deed. / Notary Public in and for th~ State of Iowa My commission expires: ppdadm/ag~REZ03-00017CZAdoc REZ03-00017 CZA Page 3 OWNER Robert Davis STATE OF IOWA ) /~ ) ss: /ii JOHNSON COUNTY ) ~ On this day of .... i- , 20 , before me, the undersigned, a Notary Public in and for said in said S~ite, personally appeared , to me to be Be identical persons named in and who executed the within and foregoing instrument, and ed that he executed the same as his voluntary act and deed. ,'/ Public in and for the State of Iowa commission expires: ppdadm/agt/REZ03*00017CZA doc REZ03-00017 CZA Page 4 OWNER Jan Smith STATE OF IOWA ) ) ss: \ JOHNSON COUNTY ) On this __ day of '~ , 20 /~efore me, the undersigned a Notary Public in and for said County, in said State, ~l,ersonall~ppeared , to me known to be the identi~.,al p.~r~ons named i~-~'n~h~h~ within and foregoing instrument, and acknowledged that~sl'je'executed the same as her voluntary act and deed. and for the State of Iowa ///~ly comm~ssior }ires: ppdadm/ag~REZ03-00017CZA, doc Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00017) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and James Davis, Robert Davis, and Jan Smith (hereinafter "Owners"). WHEREAS, the City of Iowa City is coordinating and initiating the annexation and rezoning of property owned by Owners, part of which has frontage on Highway 1; and WHEREAS, Highway 1 is an entranceway to Iowa City; and WHEREAS, the City has identified entranceway aesthetics as a public benefit; and WHEREAS, Owner agrees that certain minimal conditions and restrictions are reasonable to ensure a minimum of entranceway aesthetics, and to ensure that any illuminated signs do not interfere with the operations of the Iowa City Airport. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. James Davis, Robert Davis, and Jan Smith are the owners and legal title holders of property east of Highway 218, south of Highway 1, legally described as follows: North 18.56 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20, T79N, R 6W 2. Owners acknowledge that the City wishes to ensure a minimum amount of entranceway aesthetics as properties fronting on Highway 1 are developed. 3. In consideration of the City's rezoning the property from RS, Suburban Residential, RI-A, Urban Residential, and C2, Commercial, to CH-l, Highway Commercial, the Owners agree that any development of the property shall incorporate the following site design standards: a. A minimum setback of 30 feet from the Highway 1 right-of-way shall be landscaped. No parking or paving, other than a sidewalk or trail, shall be permitted in this 30-foot setback. b. No outdoor storage of materials or merchandise within 100 feet of the Highway I right-of- way shall be permitted. This does not apply to outdoor display of motorized vehicles, such as automobiles and trucks. c. Signs, if illuminated, must be internally illuminated, in order to minimize the chance of upward turning lights being used on the properly. 4. Owners agree that the site development and site plan of the property shall reflect these conditions. 5. Owners acknowledge that the conditions contained herein are reasonable conditions to impose on the land, and under Iowa Code 414.5 (2001), and that said conditions satisfy public needs that are related to the zoning change. 6. Owners acknowledge that in the event any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will conform with the terms of this Conditional Zoning Agreement. ppdadm/agt/REZ03~)0017CZA.doc REZ03-00017 CZA Page 2 7. The parties acknowledge that this Conditional Zoning Agreement will 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 running with the title to the land unless or until released of record by the City. The parties further acknowledge that this agreement will inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Owners acknowledge that nothing in the Conditional Zoning Agreement will be construed to relieve the owner from complying with all applicable local, state and federal regulations. 9. The parties agree that this Conditional Zoning Agreement will be incorporated by reference into the ordinance rezoning the subject property and that upon adoption and publication of the ordinance, this agreement will be recorded in the Johnson County Recorder's Office. 10. Owners acknowledge that this Conditional Zoning Agreement can be executed in counterparts, and said counterparts shall constitute one original agreement. Dated this J ~ day of IN~ ~.~ ,2003. OWNER CITY OF IOWA CITY /~rn~s Davis ' - Ernest Lehman, Mayor Attest Marian K. Karr, City Clerk Approved by: ,, City Attorney's Offic~e STATE OF IOWA ) ) SS; JOHNSON COUNTY ) On this / ~- day of ,'¢/~/ , 20 o J , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared J~-~ ~,~,.~ , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: ? ppdadm/agtJREZ03~O017CZA.doc REZ03-00017 CZA Page 3 OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~0 day of A t , 200 ~j, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared ~,o'~ ~- ~,,~ ~ 5 , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: ppdadm/agt/REZ03-00017CZA,doc REZ03-00017 CZA Page 4 OWNER Jan Smith STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~---~'~" day of ~/--- , 20C)~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared .'-'~'-~.-~ ~ , to me known to be the identical persons named i~'~nd who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. No{a~y Public in and fo--'~he State of,,l~w~ My commission expires: ~ Commission Expires 01~,~1fZ007 ppdadm/agt/REZ03-00017CZA.doc Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00017) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, Corporation (hereinafter "City") and Rick Jirsa and Mark Mitchell (hereinafter "Owners"). WHEREAS,~e City of Iowa City is coordinating and initiating the and rezoning of prop- erty owned by E~ners, part of which has frontage on Highway 1; and WHEREAS, Highw~,__ 1 is an entranceway to Iowa City; and WHEREAS, City h"as., identified entranceway aesthetics as a benefit; and the WHEREAS, Owner agreeS~hat certain minimal conditions a restrictions are reasonable to ensure a minimum of entranceway....~sthetics, and to ensure that illuminated signs do not interfere with the operations of the Iowa City ~irport. NOW, THEREFORE, in ion of mutual pror contained herein, the Parties agree as follows: 1. Rick Jirsa and Mark Mitchell le owne legal title holders of property east of High- way 218, south of Highway 1, ~ws: BEG AT A POINT N 89° E 1135. THE CENTER OF SEC 20 T79N, R6W ON THE S LINE OF SAID SW NE, N 39° E, N 30° E 140.4' TO EAST LINE OF SAID SW NE, S 0° E 258.0', ALONG EAST LINE TO SOl LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF BEG, 51 acres, more or less, identified as Johnson County, Iowa parcel #1020159001; and COM SW COR SE NE E 194' S 412' TO beg EX. Land conveyed to City of I.C. in 2727-90 (survey is more or less, identified as Johnson County, Iowa parcel #1020176007. 2. Owners acknowledge that th~ wishes to a minimum amount of entranceway aes- thetics as properties Highway 1 oped. 3. In consideration of the Ci rezoning the RS, Suburban Residential, RI-A, Urban Residential, and Commercial, to CH-l, Hi, Commercial, the Owners agree that any development of property shall incorporate ~= following site design standards: a. A minimum ~ck of 30 feet from the Highwa~ right-of-way shall be landscaped. No parking or other than a sidewalk or trail ~hall be permitted in this 30-foot setback. b. No outdoor e of materials or merchandise 100 feet of the Highway 1 rig shall be permitted. This does not apply to ~or display of motorized vehicles, as automobiles and trucks. c. igns, if ilh ninated, must be internally illuminated, in order to minimize the chance of ghts being used on the property. 4. Owners agree that the site development and site plan of the property shall reflect these con- ditions. REZ03-00017 CZA (Jirsa/Mitchell) Page 2 5. Owners acknowledge that the conditions contained herein are reasonable conditions to im- pose on the land, and under Iowa Code 414.5 (2001), and that said conditions satisfy public needs that are related to the zoning change. 6. Owners acknowledge that in the event any podion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will e terms of this Con( Zoning Agreement. 7. The padies that this Conditional Zoning Agreeme~ be deemed to be a covenant running the land and with title to the land, and sh in full force and ef- fect as a covenant ~ning with the title to the land unless or released of record by the City. The parties acknowledge that this ag~ to the benefit of and bind all successors, re and assigns of the parties. 8. Owners acknowledge in the Conditiom Agreement will be construed to relieve the owner from cor with all applicable Io state and federal regulations. 9. The parties agree that this Con( Zoning be incorporated by reference into the ordinance rezoning the ~ject property that upon adoption and publication of the ordinance, this agreement will I ~e Johnson County Recorder's Office. Dated this . day of OWNER IOWA CITY By: Rick Jirsa Lehman, Mayor Mark Mitchell Attest Marian K. Karr, ' Clerk Approved by: City~A't'torney's O~ice REZ03-00017 CZA (Jirsa/Mitchell) Page 3 STATE OF IOWA ) JOHNSON COUNTY ) On this ~_..,day of ,20 me, the undersigned, a Notary Public in and ~rN~id County, in said State, personall appeared '~ and to me known to be the identical persons named~'i~ and who executed the within an¢ ~1 instrument, and acknowledged that they executed the sam~s their voluntary act ~ Notary P for the State of Iowa ",, My co~ expires: ppdadm/agt/R EZ03-00017CZAjirsamitchell.doc Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00017) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Rick Jirsa and Mark Mitchell (hereinafter "Owners"). WHEREAS, the City of Iowa City is coordinating and initiating the annexation and rezoning of prop- erty owned by Owners, part of which has frontage on Highway 1; and WHEREAS, Highway 1 is an entranceway to Iowa City; and WHEREAS, the City has identified entranceway aesthetics as a public benefit; and WHEREAS, Owner agrees that certain minimal conditions and restrictions are reasonable to ensure a minimum of entranceway aesthetics, and to ensure that any illuminated signs do not interfere with the operations of the Iowa City Airport. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Rick Jirsa and Mark Mitchell are the owners and legal title holders of property east of High- way 218, south of Highway 1, legally described as follows: BEG AT A POINT N 89° E 1135.7' FROM THE CENTER OF SEC 20 T79N, R6W ON THE S LINE OF SAID SW NE, N 39° E, 180.9', N 30° E 140.4' TO EAST LINE OF SAID SW NE, S 0° E 258.0', ALONG EAST LINE TO SOUTH LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF BEG, which is .51 acres, more or less, identified as Johnson County, Iowa parcel #1020159001; and COM SW COR SE NE E 194', N 649'C, SW 330', S 412' TO beg EX. Land conveyed to City of I.C. in 2727-90 (survey 41-75), which is 1.47 acres more or less, identified as Johnson County, Iowa parcel #1020176007. 2. Owners acknowledge that the City wishes to ensure a minimum amount of entranceway aes- thetics as properties fronting on Highway 1 are developed. 3. In consideration of the City's rezoning the property from RS, Suburban Residential, R1-A, Urban Residential, and C2, Commercial, to CH-l, Highway Commercial, the Owners agree that any development of the property shall incorporate the following site design standards: a. A minimum setback of 30 feet from the Highway 1 right-of-way shall be landscaped. No parking or paving, other than a sidewalk or trail, shall be permitted in this 30-foot setback. b. No outdoor storage of materials or merchandise within 100 feet of the Highway 1 right-of-way shall be permitted. This does not apply to outdoor display of motorized vehicles, such as automobiles and trucks. c. Signs, if illuminated, must be internally illuminated, in order to minimize the chance of upward turning lights being used on the property. 4. Owners agree that the site development and site plan of the property shall reflect these con- ditions. REZ03-00017 CZA {Jirsa/Mitchell~ Page 2 5. Owners acknowledge that the conditions contained herein are reasonable conditions to im- pose on the land, and under Iowa Code 414.5 (2001), and that said conditions satisfy public needs that are related to the zoning change. 6. Owners acknowledge that in the event any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement will be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and ef- fect as a covenant running with the title to the land unless or until released of record by the City. The parties further acknowledge that this agreement will inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Owners acknowledge that nothing in the Conditional Zoning Agreement will be construed to relieve the owner from complying with all applicable local, state and federal regulations. 9. The parties agree that this Conditional Zoning Agreement will be incorporated by reference into the ordinance rezoning the subject property and that upon adoption and publication of the ordinance, this agreement will be recorded in the Johnson County Recorder's Office. Dated this day o ,2003. OWNER-, .. CITY OF IOWA CITY '~~'~'P~" By: Ernest Lehman, Mayor Marl~ Mitchell Attest Marian K. Karr, City Clerk Approved by: City~A't'torney's O~ce REZ03-00017 CZA (Jirsa/Mitchell~ Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis ~'~O-~'' dayof ('~J',~_',,~. ,200~,beforeme, the undersigned, aNotary Public in and for said County, in said State, personally appeared and ~J~(~rg~ ~ ;-~_.~,~-.L...- , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public i~L.~nd for the State of Iowa My commission expires: ppdadm/agt/REZ03-00017CZAjirsamitchelLdoc ! e o~! 13OMMISSION # 224880 ! MY COMMISSION EYP!RES i o ,~t-. os · Planning and Zoning Commission Minutes PageMayl'2 2003 D~AFT --COMPREHENSIVE PLAN ITEM: Amendment to the South Central District Plan to change the future land use designation from Office Park/Commercial to Intensive or Highway Commercial for property generally located east of Mormon Trek Boulevard Extended. Yapp said as outlined in the 4/17/03 Staff Report related to the annexation of properties on the south side of Hwy 1, Staff recommended that South Central District Plan be amended to reflect Intensive Commercial instead of Office Commercial as currently shown. Yapp said the two main reasons for the proposed amendment were: · The Iowa City Airport had purchased much of the property that fronted on Hwy 1 to Mormon Trek Boulevard which mitigated the concern for strip commercial development along Hwy 1 that was reflected in the Plan. · An Intensive Commercial zone allowed for a wider variety of commercial uses than Office Commercial so it was a more appropriate zoning for this area which was targeted as an economic development area for the community. The Intensive Commercial zone also allowed office uses so if the market dictated that particular use in this area it would not be disallowed. Yapp said Staff recommended that the South Central District land use map be amended to show Intensive Commercial development in the area east of Mormon Trek Boulevard Extended and the language in the Plan be changed to reflect the same. Public discussion was opened. There was none. Public discussion was closed. Motion: Shannon moved that the amendment to the South Central District Plan to change future land use designation from Office Park Commercial to Intensive or Highway Commercial for property generally located east of Mormon Trek Boulevard Extended, as noted on page 7 of the 4/17/03, Staff Report be approved. Anciaux seconded the motion. The motion passed on a vote of 7-0. ZONING ! ANNEXATION ITEMS: ANN01-00004/ANN03-00001/REZ03-00013/REZ01-00017, discussion of application submitted by John Dane and a City-initiated annexation of approximately 150 acres of property located east of Highway 218, west of the Iowa City Airport and north and south of Highway 1; and the rezoning of said properties from County CH, C2, R1A, RS & A1 to P, Public; CH~l, Highway Commercial; C1-1, Intensive Commercial; and ID-RS, Interim Single-Family Residential. Yapp said Staff had learned that the Iowa City Airport owned properties on the north side of Hwy 1 on either side of the Berg Auto property. Staff recommended that those properties be zoned public to show that the Airport owned those properties. Staff had also received signed CZA agreements regarding entranceway aesthetics from the property owners of undeveloped property fronting on the south side of Hwy 1. He said the series of recommendations on page 8 of the 4/17/03 Staff Report regarding the annexations and rezonings could be voted on separately or in a group. Public discussion was opened. Thera was none. Public discussion was closed. Bovbjerg asked about the tax transitioning. Yapp said Staff had recommended tax transition for the property owners that Staff had approached in order to annex. It had been offered as an incentive for annexation. The Dane property had voluntarily applied two years ago for annexation. It would be up to City Council to decide whether to grant the transition or not, to all ef the properties. Dane had submitted a letter directly to the Council. Motion: Anciaux made a motion to approve the series of Staff recommendations as listed on page 8 of the 4/17/03 Staff Report. Hansen seconded the motion. ANN01-00004, annexation of approximately 6.65-acres of property (the John Dane Property) located east of Mormon Trek Boulevard Extended. MayPlanningl, 2003and Zoning Commission Minutes DRAFT Page 3 REZ01-00017, rezoning from RS, Suburban Residential, to C1-1, Intensive Commemial, for approximately 6.65-acres of property located east of Mormon Trek Boulevard Extended, west of Dane Road. ANN03-00001, annexation of approximately 144-acres of property east of Highway 218, west of the Iowa City Airpod, both north and south of Highway 1, and that the city property tax levy be transitioned according to the maximum transition schedule permitted by State Code. REZ03-00013., rezoning of approximately 144-acres of property east of Highway 218, west of the Iowa City Airport, both north and south of Highway 1, 1. Rezoning the properties on the north side of Highway 1 from County CH, Highway Commercial, to C1-1, Intensive Commercial; and 2. Rezoning the properties east of Highway 218, west of Mormon Trek Boulevard extended from RS, Suburban Residential, R-lA, Urban Residential and C2, Commercial to CH-l, Highway Commemial and ID-RS, Interim Development Residential, subject to a Conditional Zoning Agreement regarding entranceway site design standards; and 3. Rezoning the properties east of Mormon Trek Boulevard Extended from RS, Suburban Residential, to C1-1, Intensive Commercial; and 4. Rezoning the property controlled by the Iowa City Airport from it's County zoning designation to P, Public. ~'~he_motion passed on a vote of 7-0. REZ03-00012., discussion of an application submitted by James A. Clark for a rezoning from CB-2, Central Business District Service, to PRM, Planned High Density Residential for 1.10-acres of property located on the east side of S. Dubuque Street and south of Court Street. McCafferty said Staff had basically no new information to report except for the memorandum she had distributed earlier which stated that there were no easements between any of Clark's properties and the property at 408 S. Dubuque Street. She said Staff continued to recommend approval of this particular rezoning. Public discussion was opened. Joe Holland, 123 N. Linn Street, said he and David Bright had had conversations and neither attorney was able to find any easements that would affect either of the two properties. Holland said he agreed with Chair who had said at the prior Commission meeting that there were stringent and comprehensive parking requirements in the Zoning Ordinance which would affect what would happen with the Clark property if it were rezoned. A new ramp was projected to be constructed adjacent to this property. Depending on how bids came in, the new ramp would provide between 350 and 600 parking spaces. The Parking Impact Fee was paid by all persons seeking to develop property on the Near South Side. A developer was mandatorily required to purchase the equivalent of 50% of the required parking which was in part to fund things like the parking ramp as well as to ensure public parking in the general area of the developments. Holland said the concerns that had previously been expressed were adequately addressed by the ordinance which was already in existence. Public discussion was closed. Motion: Chait made a motion to approve REZ03-00012, an application submitted by James A. Clark for a rezoning from CB-2, Central Business District Service, to PRM, Planned High Density Residential for 1.1- acres of property located on the east side of S. Dubuque Street and south of Coud Street. Anciaux seconded the motion. Anciaux said he found the requested rezoning to be in compliance with the Comprehensive Plan. The motion passed on a vote of 7-0. REZ03-00010/SUB03-0000?, discussion of an application submitted by Richard Donahue for rezoning from Medium-Density Single-Family (RS-8) to Sensitive Areas Overlay Medium-Density Single-Family (OSA-8) and a preliminary and final plat of Donahue Subdivision, a 6.91-acre, 2-lot residential subdivision located at 1515 N. Dubuque Road. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of iowa City, Iowa, at 7:00 p.m. on the 11 day of March, 20D3, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1) Public hearing on an ordinance amending Title 14, Chapter 6, Article M, Accessory Uses and Buildings to change the requirements for childcare homes. 2) Public hearing on an ordinance rezoning 2,8 acres from Factory Built Housing Residential (RFBH) to Planned Development Housing Overlay I2 (OPDH- 12) and an OPDH plan for Sadd[ebrook Addition Part 2 located on the east side of Heinz Road east of Paddock Boulevard. 3) Public hearing on an ordinance changing the zoning designation from Central Business Service Zone (CB-2), to Central ~"" Business Support Zone (CB-5) for Block 67 of the Original Town Plat, excepting the 6,000 square foot property at 130 North Dubuque Street. 4) Public hearing on an ordinance changing the zoning designation from Central Business Serv[ca Zone (CB-2), to Central Business Support Zone (CB-5) for a 6,000 square foot property at 130 North Dubuque Street. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Publish 4/16 NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED HIGHWAY 6 COMMERCIAL URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which commences at 7:00 o'clock P.M. on May 6, 2003 in Harvat Hall, Civic Center, 410 E. Washington Street, Iowa City, Iowa to consider adoption of a proposed Highway 6 Commercial Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in Iowa City, Iowa legally described as follows: Consisting of a tract of land described as follows: Commencing at a point where the centerline of Cross Park Avenue and Broadway Street intersect, which is the point of beginning. Thence northerly along the centerline of Broadway Street to a point where the extended southern boundary line of Braverman Centcr, Block 1, Lot 3 intersects. Thencc northwesterly along said boundary line to a point on the western boundary of said Lot 3. Thence northeasterly along said western boundary to a point where the extended said boundary line intersects the centerline of U.S. Highway 6. Thence northwesterly along the ccnterline of U.S. Highway 6 to the Iowa River. Thence southerly along the east bank of the river to a point on the centerline of thc Ccdar Rapids and Iowa City Railway. Thence northeasterly along said centerline to a point where said centerline intersects with the centerline of Gilbert Street. Thence northeasterly to a point where the eastern boundary of the Ccdar Rapids and Iowa City Railway intersects the eastern boundary of Gilbert Street. Thence continue northeasterly along the southern parcel boundary dividing blocks 208 and 276 to a point where said parcel boundary intersects the western boundary of Auditor's Parcel #98111. Thence northeasterly to a point where said western boundary line meets the eastern boundary of Waterfront Drive right-of-way. Thence westerly to a point on the centerlinc of Waterfront Drive. Thence continuing along the ccnterline of Waterfront Drive to a point where it intersects the extended boundary line of Lot 1, Resubdivision of Blocks 5 and 6, Braverman Subdivision. Thence easterly along the south boundary of the lots abutting and south of Southgatc Avenue to the centerlinc of Keokuk Street. Thence southerly along the centerline of Keokuk Street to a point where said centerline intersects the centcrlinc of Cross Park Avenue. Thence easterly along said centerline to thc point of beginning. Said parcel contains approximately 212 acres; which land is to be included as part of this proposed Urban Renewal Area. A copy of the Plan is on file for public inspection in thc office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa is the local public agency which, if such Plan is approved, shall undcrtakc the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesscs in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan and to rehabilitate, conserve and redevelop land, buildings and other improvements within such area so as to improve the community through the establishment of effective land use controls, through usc of an effective program of rehabilitation of existing buildings and elimination of those structures which cannot be economically rehabilitated, with a limited amount of acquisition, clearance, resale and improvement of land for various purposes specified in the Plan. To accomplish the objectives of thc Plan, and to encourage the further development of the Urban Renewal Area, the Plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public fimds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvements, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The Plan initially proposes no specific public infrastructure or site improvements to be undertaken by the City, but providcs that the Plan may be amended from time to time to respond to development opportunities. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the City Code of Iowa. Dated this 16th day of April, 2003. s/Marian K. Karr City Clerk, Iowa City, Iowa 2 City of Iowa City MEMORANDUM TO: City Council t~~ FROM: Steven Nasby, Community & Economic Development Coordina DATE: April 28, 2003 RE: Highway 6 Commercial Urban Renewal Plan, Amendment #1 to the Sycamore & First Avenue Urban Renewal Plan On May 6, 2003, the City Council will hold public hearings on the Highway 6 Commercial Urban Renewal Plan and Amendment #1 to the Sycamore & First Avenue Urban Renewal Plan. Since the setting of the public hearings on these two plans, the Planning and Zoning Commission has met and reviewed the plans for their conformity with the Comprehensive Plan. The Commission's written recommendations are attached. In addition, staff held the formal consultation with representatives of the affected taxing entities on April 17. Those in attendance included: John Wieh, Kirkwood Community College, Pete Wallace, ICCSD School Board, and Paul Bobek, ICCSD Finance Director. The formal consultation allowed the affected taxing entities the opportunity to ask questions regarding the urban renewal plans, and more specifically the use of tax increment financing. At the consultation, the representatives asked a few questions for clarification purposes. The Code of Iowa outlines a process by which the affected taxing entities may provide written recommendations regarding the division of revenue (tax increment financing). The affected taxing entities have been informed of that process. As of the date of this memo, none of the affected taxing entities have provided written recommendations regarding either one of the proposed urban renewal plans. City of Iowa City MEMORANDUM Date: April 28, 2003 To: City Council From: Ann Bovberg, Chair Planning and Zoning Commission Re: Planning and Zoning Commission Review of the Highway 6 Commercial Urban Renewal Plan At its regular meeting of April 3, 2003, the Planning mid Zoning Commission reviewed thc Highway 6 Commercial Urban Renewal Plan for its conformity with the Iowa City Comprehensive Plan 1997, which is the general plan for the development of the City of Iowa City as a wholc. The Plmming and Zoning Commission found that the Highway 6 Commercial Urban Renewal Plm~ conforms with the Iowa City Comprehensive Plan 1997. Publish 4/16 NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF THE PROPOSED AMENDMENT NO. 1 TO THE SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which commences at 7:00 o'clock P.M. on May 6, 2003 in Harvat Hall, Civic Center, 410 E. Washington Street, Iowa City, Iowa to consider adoption of proposed Amendment No. 1 to the Sycamore and First Avenue Urban Renewal Plan (the "Plan") concerning an area in Iowa City, Iowa legally described as follows: Consisting of a tract of land described as follows: Commencing at the Southeast corner of the Northeast quarter of Section 23, Township 79N, Range 6W, in accordance with the Records of the Johnson County Auditor's Office; thence West along the South line of the Northeast quarter of Section 23 to the Southwest corner of the Northeast quarter of Section 23; thence 33 feet to a point perpendicular on the Western Right-of-Way line of Sycamore Street, thence Northerly along said Right-of-Way line to the intersection of the Western Right-of- Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, which is the Point of Beginning. Thence Northerly along the Western Right-of-Way line of Sycamore Street to the Southeastern corner of Johnson County Auditor's Parcel 10-14-386-003, thence 66 feet to a point perpendicular on the Eastern Right-of-Way line of Sycamore Street; thence Northerly along the Eastern Right-of-Way line of Sycamore Street to the Northwestern corner of Johnson County Auditor's Parcel 10-14-457-004; thence Easterly 147.61 feet to an angle point of said Parcel; thence Northeasterly 413.83 feet; thence Northerly 57.36 feet to the Southern Right-of-Way line of Lower Muscatine Road; thence Northwesterly along the Southern Right-of-Way line of Lower Muscatine Road to a point perpendicular 33 feet from the Western corner of Johnson County Auditor's Parcel 10-14-452-004; thence Northeasterly 256.82 feet to the Northern corner of said parcel; thence Southeasterly 40 feet to the Eastern corner of said parcel; thence Northeasterly along the property line of Johnson County Auditor's Parcel 10-14-452-002 to its Northern corner; thence Southeasterly 150 feet along the property line of said parcel to its Eastern corner; thence Southwesterly 224.9 feet to the intersection of said parcel's Southern corner and the Northern Right- of-Way line of Lower Muscatine Road. Thcnce Southeasterly along the Northern Right-of-Way line of Lower Muscatine Road to the Northern Right-of-Way line of Mall Drive; thence Northeasterly 1533.09 fect along the Northern Right-of-Way line of Mall Drive to the Southern Right-of-Way line of the Iowa Interstate Railroad; thence Southeasterly along said Right-of-Way line to its intersection with the Eastern line of Scction 14. Thence South along thc Eastern line of Section 14 to it's intersection with the Eastern Right- of-Way line of First Avenue; thence Southwesterly along said Right-of-Way line to the Western corner of Johnson County Audtior' s Parcel 10-13-353-003; thence Easterly to the Eastern line of Section 14; thence South along the Eastern line of Section 14 to the Northwest corner of Johnson County Auditor's Parcel 10-13-353-002; thence Easterly 176 fcct to thc Eastern property line of said parcel; thence Southwesterly along the Eastern property line of Parcel 10-13-353-002 to it's Southeast corner; thence Northwesterly to the Eastern I ine of Section 23; thence South along the Eastern line of Section 23 to the Southeast corner of the Johnson County Auditor's Parcel described as 10-23-103,001 through 029, then Southwcsterly 988.76 feet to the Northern Right-of-Way line of Lower Muscatine Road, crossing said Right-of-Way line to the intersecting point of the Southern Right-of-Way line of Lower Muscatine Road and thc Northeastern corner of Johnson County Auditor's Parcel number 10-23-105-003; thence Southwesterly 157.9 feet to the Northern Right-of-Way line of U.S. Highway 6; thence Northwesterly 307.82 feet to the intersection of the Northern Right-of-Way line of U.S. Highway 6 and the Eastern Right-of-Way line of First Avcnuc; projecting across the First Avenue Right-of-Way along the Northern Right-of-Way line of U.S. Highway 6 to the intersection of the Western Right-of-Way line of First Avenue and the Northern Right-of-Way line of U.S. Highway 6; thence Westerly along the Northern Right- of-Way line of U.S. Highway 6 a distance of 1123.13 feet to its intersection with the Eastern Right-of-Way line of Sycamore Street, projecting across the Sycamore Street Right-of-Way along the Northern Right-of-Way of U.S. Highway 6 to the intersection of the Western Right- of-Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, to the Point of Beginning. Said parcel contains approximately 61 acres; which land is included as part of the Sycamore and First Avenue Urban Renewal Plan area (the "Sycamore and First Avenue Urban Renewal Area"). A copy of Amendment No. I to the Plan is on file for public inspection in the office of the City Clerk, Civic Center, 410 E. Washington Street, lowa City, Iowa. The City of Iowa City, Iowa is the local public agency which, if such Amendment No. 1 to the Plan is approved, shall undertake the urban renewal activities described in such Plan and Amcndment. The gencral scope of the urban rcncwal activities under consideration in thc Plan is to assist qualified industries and businesses in thc Urban Renewal Area through various public purpose and special financing activities outlined in the Plan and to rehabilitate, conserve and redevelop land, buildings and other improvements within such area so as to improve the community through the establishment of effective land use controls, through use of an effective program of rehabilitation of existing buildings and climination of those structures which cannot be economically rehabilitated, with a limited amount of acquisition, clearance, resale and improvement of land for various purposes specified in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the Plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space arcas and othcr substantial public improvements, and may acquire and make land available for development or redcvelopment by private enterprise as authorizcd by law. Thc Plan provides that thc City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by thc City. The Plan initially proposes no specific public infrastructure or site improvements to be undertaken by the City, but providcs that the Plan may be amended from time to time to respond to development opportunities. The proposed Amendment No. I to the Plan would set forth and include xvithin thc Plan: Commencing at the southeast corner of Mall Drive Subdivision, which is the point of beginning. Thence northeasterly along the southern boundary of the Iowa Interstate Railway, to the northeast corner of Lafferty subdivision. Thence southerly along the eastern boundary of Lafferty Subdivision, to the centerline of Lower Muscatine Road. Thence southeasterly along said centerline of Lower Muscatine Road to a point on the extended centerline of Sycamore Street. Thence southerly along said centerline of Sycamore Street to the southwest corner Marion's Subdivision. Thence easterly along the southerly boundary of lots 8 and 7 of Marion's Subdivision. Thence northeasterly along the southern boundary of lots 6 through 1 of Marion's Subdivision, to a point on the southern right-of-way line of Lower Muscatine Road. Thence northerly to the centerline of Lower Muscatine Road. Thence southeasterly along the centerline of Lower Muscatine Road to the extended centerline of Mall Drive. Thence northeasterly along said centerline to the point of beginning. Said parcel contains approximately 51 acres. All other provisions of the Plan xvould remain in full force and effect. This Notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. Dated this 16th day of April, 2003. s/Marian K. Karr City Clerk, Iowa City, Iowa City of Iowa City MEMORANDUM DATE: April 29, 2003 TO: City Council FROI~I: Steven Nasby, Community and Economic Development Coordinator~g~'~ RE: Sycamore\First Avenue TIF District - Amendment #1 At the April 21 work session, the City Council met with the Planning and Zoning Commission to discuss the proposed amendment to the Syacmore\First Avenue TIF District. This discussion focused on the Planning and Zoning Commission's recommendation that the residential area bordering Lower Muscatine Road and Deforest Street be removed from the proposed amended district. During the joint meeting, the consensus of the Planning and Zoning Commission was to leave the residential area within the proposed amended district. A memorandum from the Planning and Zoning Commission is included in this packet. Council asked if it was possible to exclude the residential area but include street right-of- way. If the residential properties were "cut out" of the area it would create an island of property within the proposed amended district. Staff has consulted with our bond attorneys and their opinion is that this is permissible. Staff is recommending that the proposed amended district remain intact. The rationale for this recommendation is based on the concurrence of the Planning and Zoning Commission and the creation of an island within the district is not a preferred policy position. Cc: City Manager Karin Franklin, Director of Planning and Community Development Bob Miklo, Senior Planner City of Iowa City MEMORANDUM Date: April 28, 2003 To: City Council From: Ann Bovberg, Chair Planning and Zoning Commission Re: Planning and Zoning Commission Review of Amendment #1 of the Sycamore & First Avenue Urban Renewal Plan At its regular meeting of April 3, 2003, the Planning and Zoning Commission reviewed the proposed amendment to the Sycamore & First Avenue Urban Renewal Plan for its conformity with the Iowa City Comprehensive Plan - 1997, which is the general plan for the development of the City of Iowa City as a whole. The Plmming and Zoning Commission found that the proposed amendment conforms with the Iowa City Comprehensive Plan 1997. NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE 2003 ASPHALT RESURFACING PROJECT IN THE CITY OF IOWA CITY, IOWA TO 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 plans, specifications, form of contract and estimated cost for the construction of the 2003 Asphalt Resurfacing Project in said city at 7:00 p.m. on the 6th day of May, 2003, said meeting to be held in the Emma J. Harvat Hall in the Civic Center, 410 E. 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. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center 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 plans, specifications, contract 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. MARIAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING Notice is hereby given that the City Coundl of Iowa City will hold a public hearing on the 4th day of February, 2003, at 7:00 p.m. in the Emma Harvat Hall of the Civic Center, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which headng ..~/ // the Council will consider a Resolution ,.-~/// Authorizing Conveyance of the west one-half of a 20' wide by 60' long vacated portion of the alley located between 405 South Summit Street and 338 South Governor Street in Iowa City to Phyllis Tucker. Copies of the proposed resolution are on file for public examination in the office of the Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 4th day of February, 2003, at 7:00 p.m. in the Emma Harvat Hall of the Civic Center, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of the east one-hail of a 20' wide by 60' long vacated por[ion of the alley located between 405 South Summit Street and 338 South Governor Street in Iowa City to Sue M. Travis and Andrew D. Robertson. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. wishing to make their views known Persons for Coundl consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK