HomeMy WebLinkAbout2003-06-10 Ordinance Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ03-00010)
ORDINANCE NO.
AN ORDINANCE REZONING 6.91 ACRES FROM MEDIUM-DENSITY SINGLE-FAMILY (RS-8) TO
SENSITIVE AREAS OVERLAY MEDIUM-DENSITY, SINGLE-FAMILY (OSA-8) FOR A PROPERTY
LOCATED AT 1515 NORTH DUBUQUE ROAD.
WHEREAS, the property owner, Richard Donahue, has requested approval of a Sensitive Areas
Development Plan and a rezoning to Sensitive Areas Oveday Medium-Density, Single-Family (OSA-8); and
WHEREAS, the properly contains steep, critical, and protected slopes and woodlands; and
WHEREAS, the applicant has requested a reduction in the protected slope buffer; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed Sensitive Areas Development
Plan, including the reduction in the protected slope buffer, and has recommended approval of the Sensitive Areas
Development Plan and protected slope buffer reduction; and
WHEREAS, the City Council finds that the Sensitive Areas Development Plan, including the reduction in the
Sensitive Areas buffer, is in conformance with the spirit and intent of the Sensitive Areas Ordinance and the
underlying RS-8 zoning.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
~. The following property is rezoned from RS-8, Medium Density Single-Family, to
OSA-8, Sensitive Areas Overlay Medium,Density Single-Family:
A portion of the S 1/2 NW 1/4, Section 2, T. 79 N., R. 6 W. of the 5th P.M., Iowa City, Iowa, being the
same realty as described in Deed Book 2267 - Page 123, Johnson County Recorder's Office, excepting
therefrom Auditor's Parcel 98040 as recorded in Plat Book 39 - Page 140 and excepting therefrom Dubuque
Road ROW dedication as recorded in Book 2488 - Page 188, and including Auditor's Parcel 2003034 as
recorded in Plat Book 46, Page 61 described as follows:
Commencing at a cut "X" found marking the intersection of the centerline of Dubuque Road and the
half section line running east and west through said Section 2;
thence S 89°35'45" W - 34.53 feet along said half section line to a 5/8" rebar with cap #8295 found
marking the SW corner of said ROW dedication and the Point of Beginning;
thence S 89°35'45" W - 320.95 feet along said half section line to the SE corner of the Tower Site as
recorded in Plat Book 31 - Page 62 as marked by a found 5/8" rebar with cap #7036;
thence N 00°24'15.. W - 130.00 feet to the NE corner of said Tower Site as marked by a found 5/8"
rebar with cap #7036;
thence S 89°35'45" W - 50.00 feet to the NW comer of said Tower Site as marked by a found 5/8"
rebar with cap #7036;
thence S 00°24'15" E - 129.96 feet to the SW corner of said Tower Site as marked by a found 5/8"
rebar with cap #7036;
thence S 89°45'11" W - 269.52 feet along said half section line to a point 675 feet west of said
centerline of Dubuque Road as marked by a set 5/8" rebar with cap #8295;
thence N 00°27'24" W - 594.08 feet (recorded 589 feet in said Book 2267 - Page 123 and 595.98 feet
in Plat Book 5 - Page 12) as marked by a 5/8" rebar with cap #8295 set next to the existing corner post;
thence S 87°37'37" E - 211.80 feet (recorded 214.5 feet) along the existing fence line to a 5/8" rebar
with cap #8295 set next to the existing corner post;
thence S 88°43'44" E - 604.60 feet along the existing fence line to the NW corner of said ROW
dedication as marked by a set 5/8" rebar with cap #8295;
thence S 16°44'22'' W - 117.64 feet along said ROW to the ROW corner of said Auditor's Parcel 98040
as marked by a found 5/8" rebar with cap #8295;
thence S 89035'45'' W - 313.17 feet along the north line of said Auditor's Pamel to the NW corner
thereof as marked by a found 5/8" rebar with cap #8295;
thence S 08°51'14" W - 373.19 feet along the west line of said Auditor's Parcel to a corner marked by a
found 5/8" rebar with cap #8295;
Ordinance No.
Page 2
thence S 37°00'17" E - 51.29 feet along said west line to the NW comer of said Auditor's Parcel
2003034 to a set 5/8" rebar with cap #8295;
thence N 89°35'45" E - 216.30 feet along the north line of said Auditor's Parcel 2003034 to the
northeast corner thereof as marked by a set 5/8" rebar with cap #8295;
thence S 16°44'22" W - 47.09 feet along said ROW line to the Point of Beginning.
Said Donahue Subdivision contains 6.91 acres subject to a 15 foot wide Access Easement to said
Tower Site as shown on Plat Book 31 - Page 62.
SECTION II. ADOPTION OF SENSITIVE AREAR DEVELOPMENT PLAN. The Sensitive Areas Development
Plan is hereby adopted by this reference, and the terms and requirements therefore are given full force and effect
as if fully set forth herein.
SECTION III PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN. The Preliminary Sensitive Areas
Development Plan for this property is hereby approved.
SECTION IV. 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
SECTION V. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance, and record the ordinance and the approved Sensitive Areas Development
Plan, at the owner's expense, at the Office of the County Recorder of Johnson County, Iowa, upon final
passage and publication as provided by law.
~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VII 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 nat adjudged invalid or unconstitutional.
SECTION VIII. EFFECTIVE DATF This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
SECTION IX. EFFECTIVE 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
Approved by
City A~{o~y~ Offi(~.)
ppdadm/o~d/1515nd ubuqu~rez.doc
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 6 / 10 / 0 3
Voteforpassage: AYES: 0'Donne11, Pfab, Vanderhoef, Wilburn, Champion, Kanner,
Lehman. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO.
AN 6.91 ACRES FROM MEDIUM-DENSITY TO
SENSITIVE 3VERLAY MEDIUM-DENSITY, SINGLE-FAMILY (OSA-8) FOR
LOCATED AT ;~UE ROAD.
WHEREAS, the Richard Donahue, has requested approval a Sensitive Areas
Development Plan and a rezoninc ~ Sensitive Areas Overlay Medium-Density, and
WHEREAS, the prope~ ), critical, and p and
WHEREAS, the in the protected
WHEREAS, the Planning and reviewed the Areas Development
Plan, including the reduction in the and )roval of the Sensitive Areas
Development Plan and protected slope and
WHEREAS, the City Council finds ensitive Areas Develo including the reduction in the
Sensitive Areas buffer, is in conformance with spirit and intent of Areas Ordinance and the
underlying RS-8 zoning.
NOW, THEREFORE, BE ;ITY COUNCIL £ CITY OF IOWA CITY, iOWA:
Eu~C~D~LLAEEED3~AL. The following Medium Density Single-Family, to
OSA-8, Sensitive Areas Overla~
A portion of the S 1/2 NW 1/4, Section 2, T. of the 5th P.M., Iowa City, Iowa, being the
same realty as described in Deed Book 2267 - Page County Recorder's Office, excepting
therefrom Auditor's Parcel 98040 as recorded in Plat Book Page 140 and excepting therefrom Dubuque
Road ROW dedication as recorded in Book 2488 - and including Auditor's Parcel 2003034 as
recorded in Plat Book , Page
Commencing at a cut "X" found marking the centerline of Dubuque Road and the
half section line running east and west through said
thence S 89035'45'' W - 34.53 feet along to a 5/8" rebar with cap #8295 found
marking the SW corner of said ROW dedication al the Point of Be
thence S 89°35'45" W - said the SE corner of the Tower Site as
recorded in Plat Book 31 - Page 62 as marked,l~ a found 5/8" n #7036;
thence N 00°24'15" W - 130.00 feet/to the NE corner of said [Site as marked by a found 5/8"
rebar with cap #7036; / ~
thence S 89°35'45" W - 50.00 fe~t to the NW corner of said Tower S~e as marked by a found 5/8"
rebar with cap #703~6~ ,., ../ ~ .,
thence S 00 24 15 E - 129.9.,6'feet to the SW corner of said Tower Site,s marked by a found 5/8
rebar with cap #7036; ~ ~
th ......
ence S 89 45 11 W - ~69.52 feet along sa~d half secbon line to a poir~ 675 feet west of said
centerline of Dubuque Road as m/a'rked by a set 5/8" rebar with cap #8295; ~
th n ° ' '
e ce N 00 27 24 W 7'594.08 feet (recorded 589 feet ~n sa~d Book 2267 - Page123 and 595.98 feet
in Plat Book 5 - Page 12) as n~rked by a 5/8" rebar with cap #8295 set next to the existing~ ,rner post;
thence S 87°37'37",E - 211.80 feet (recorded 214.5 feet) along the existing fence't ne to a 5/8" rebar
with cap #8295 set next to He existing corner post;
thence S 88°43'~.4" E - 604.60 feet along the existing fence line to the NW cot of said ROW
dedication as markeod ~,e~[ 5/~8~ ~r?,ar~ wi!h ,cap #8295;
thence S 16 4~/22" W - 117.64 feet along said ROW to the ROW corner of said Au, ~
as marked by a found ,~18" rebar with cap #8295;
thence S 89°/35'45" W - 313.17 feet along the north line of said Auditor's Parcel to the NW corner
thereof as marked by a found 5/8" rebar with cap #8295;
thence S 08~'51'14" W - 373.19 feet along the west line of said Auditor's Parcel to a corner marked by a
found 5/8" rebar wi~ cap #8295;
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Robert Miklo
Item: ~ Date: April 17, 2003
~ Donahue Subdivision
GENERAL INFORMATION:
Applicant: Richard Donahue
1515 N. Dubuque Road
Iowa City, IA 52245
Contact person: Ralph Stoffer
535 Southgate Avenue
Iowa City, IA 52240
Phone: 354-1984
Requested action: Sensitive Areas Overlay Rezoning and
preliminary and final plat
Purpose: Create two residential lots
Location: 1515 N. Dubuque Road
Size: 6.91 Acres
Existing land use and zoning: Single family home
Surrounding land use and zoning: North: Vacant; RS-5
East: Single family residential; RS-8 & RS-5
South: Grocery store; CN-1
West: Single family residential; RS-5
Comprehensive Plan: Single family residential
File date: March 26, 2003
45-day limitation period: May 10, 2003
~PI::CIAL INFORMATION:
Public utilities: A city water line in Dubuque Road is available
to serve this property. There is no gravity flow
sanitary sewer within 300 feet of this property.
The applicant is proposing a private septic
system to treat wastewater from the proposed
new lot. The existing home has a septic
system.
Public services: Police and fire protection will be provided by
the City.
BACKGROUND INFORMATION:
The applicant proposes to subdivide a 6.91-acre property into two lots. An existing house is
located on the proposed Lot 2. The applicant proposes to build a second house on the proposed
Lot 1. The property contains steep (18-24%), critical (25-39%) and protected (40%+) slopes and a
woodland. A Sensitive Areas Overlay rezoning is required because the applicant is seeking a
reduction of the buffer for the protected slope on Lot 1 to allow the construction of a driveway
within 50 feet of the protected slope.
The applicant's engineer has proposed that the requirement to show all sensitive areas on the
property be waived. Rather the applicant is proposing to set aside most of the property in
conservation easements and therefore would not disturb the sensitive areas that may be present
on the site. By not showing the sensitive areas on the site the applicant would save the expense
of a more thorough survey. Section 14-6K-1 F3 of the Sensitive Areas Ordinance allows the City
to consider such a waiver. Staff concurs that it would be reasonable to waive the requirements
given that the proposed development is limited and the plan shows the sensitive areas in the area
where construction is proposed.
ANALY,gl,g:
Comprehensive Plan The North District Plan discusses the difficulty of providing sanitary sewer
service to this area and recommends that development be limited to Iow-density. The plan depicts
this property and the area to the east, which was recently platted as the Hearthside Refuge
subdivision, as Iow density single-family residential. The plan shows the area to the north and the
wooded ravine to the west as public or private open space. The proposed 2-lot subdivision is
complies with the comprehensive plan for this neighborhood.
Sensitive Areas As discussed above the applicant is seeking a buffer reduction to allow a
driveway to be located within 50 feet of a protected slope. The protected slope is located near
the center of lot I adjacent to Dubuque Road. The applicant is not proposing any development
activity on the protected slope itself. However, the Sensitive Area Ordinance requires a buffer of
2 feet for each foot of vertical rise for a protected slope. In this case a 32-foot wide buffer is
required around the protected slope. No development activity, including the removal of trees
and other vegetation is allowed within the buffer unless a buffer reduction is approved by the
City. Approximately the first 140 feet of the proposed driveway would be located in the buffer.
Section 14-6K-1 13 allows for the reduction of the buffer if a geologist or engineer demonstrates
to the satisfaction of the City that a development activity can be designed to eliminate hazards.
The applicant's engineer has submitted a drawing and certification indicating that the use of
retaining walls will stabilize the slope after the driveway is constructed.
The Sensitive Areas Ordinance also requires that disturbance of critical slopes should be
minimized. The applicant proposes to build a house and establish a septic field on the least
steep portion of the property. The majority of the property will be protected by a conservation
easement.
The property contains large oak tree at the northeast corner. Staff recommends that the
Sensitive Areas Development Plan include a tree protection plan to help assure that the oak is
not damaged when the driveway and water line are installed.
Preliminary and Final Plat The proposed preliminary and final plats comply with subdivision and
zoning regulations. The property is zoned RS-8 which requires a 45-foot lot width. The applicant
has acquired property from his neighbor to bring the area where the current driveway is located up
to a width of 45 feet.
2
Sanitary Sewer: The Public Works Director has indicated that it will be very difficult to provide
sanitary sewer service to this area in the near future. Therefore the applicant is proposing to
provide sanitary sewer service via a septic system on the property. If this proposal is approved the
legal papers should specify that the property will be connected to the City's sanitary sewer system
if and when it becomes available to this property. Staff has asked the applicant to provide
confirmation from the Johnson County Health Department that a septic system will be approved
for this property. We have not yet received any indication from the Health Department.
Storm Water Management The applicant has requested waiver of storm water management
requirements due to the limited amount of development proposed. The Public Works Department
is considering the request.
Neighborhood Open Space One third of an acre of neighborhood open space is required for an
RS~8 subdivision of 6.91 acres. The North District Plan proposes a park on the property to the
north of the Donahue Subdivision. Due to the rugged topography in the area the Parks and
Recreation Commission has recommended that fees by collected in lieu of open space.
Sidewalks Currently there are not sidewalks on Dubuque Road. Residents in this
neighborhood have requested that sidewalks be installed to allow pedestrians to safely travel to
the Hy-Vee located at the intersection of Dubuque Road and Dodge Street. Installation of
walks may require considerable grading for some of the properties adjacent to Dubuque Road.
Rather than installing sidewalks at this time on lots 1 and 2, staff recommends that the
applicant pay into an escrow fund to allow the sidewalks to be installed as part of a project to
install walks the length of Dubuque Road. This escrow should be addressed in the legal
papers.
STAFF RECOMMENDATION:
Staff recommends that this application be deferred until the deficiencies and discrepancies
noted below are resolved. Upon resolution of deficiencies and discrepancies staff recommends
that REZ03-00010/SUB03-00002 a 2-lot, 6.91 acre residential subdivision and Sensitive Areas
Development Plan including a reduction of the protect slope buffer be approved.
DEFICIENCIFR AND DISCREPANCIES:
1. Letter from the Johnson County Health Department indicating that the properly is suitable
for a septic system or an alternative waste water treatment system.
2. A tree protection plan should be shown on the plat for the oak tree in the northeast corner
of lot 1.
3. Many of the dimensions on the Sensitive Areas Development Plan are unreadable. The
plan should be clarified.
1. Location Map ~
2. Preliminary Plat
3. FinaIPlat ~ ~r~/~.~,.*~ /~/ -
Approved b~.'-- / ~//'(..,F.~'~Zg?-.,¢~
K~'in Franklin, Director
D/~partment of Planning and
Community Development
ppdadmin~stfrpt~rez03-00010 doc
3
RR I CO 1
1
12
A~ RS 5
ID-RS RS 5
RDP
RS5
CN 1
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ID -RS
RS 8
SITE LOCATION: 1515 N. Dubuque Rd. SUB03-00002
Lo~ 1
99.926 s.f.
2.29 ,~c.
/
SLOPES DETAIL
/
NEW HOME SITE DETAIL
04/07/03 12:18:45 PM
C:\0-DWG\98027~98027-02.dwg, 04/07/03 '12:16:13 PM
Lof 1
Lof 2
C:\0-DWG\98027~98027-02.dwg, 04/07/03 12:21:37 PM
I"~' ~SURVEYING AND ENGINEERING RalphStoffer, PE, LLS
~JW 535 Southgate Avenue Iowa City, Iowa 52240 web page: www. landmark-surveying.com
Phone (319) 354-1984 Fax (319) 354-8850 email: ~andmark@landmark-surveying.com
April 8, 2003
Planning and Zoning Commission
c/o Bob Miklo
410 E. Washington Street
Iowa City, IA 52240
Re: Donahue Subdivision and Sensitive Area Development Plan
Dear Commission:
The driveway on Lot 1 of this subdivision and sensitive area development plan crosses
a small portion of the required 2:1 slope buffer.
Iowa City Code Section 14-6k-1-1-3 states "If a geologist or Professional Engineer can
demonstrate to the satisfaction of the city that a development activity can be designed
to eliminate hazards, the buffer requirements may be reduced providing that the
sensitive areas overlay rezoning is approved by the city council."
A retaining wall is proposed to minimize disturbance of the slopes. This retaining wall
will be stable and safe with the anticipated traffic on the driveway.
I hereby certify that I prepared this engineering report and that I am a duly licensed
Professional Engineer under the laws of the State of Iowa. My license number 6709
renewal date is December 31, 2003.
Ralph Stoffer Date
RS:mr .,,:'~
=~: 6709
~,~ .....OW ~..
~'~z.,c ....... ;~7,,
May 19, 2003
Re: REZ03 -000101
SUB03-00002
Dear Council Members:
I am requesting that my application for subdivision be given preliminary and final
approval at the same time. This is to divide my seven acre residence on Dubuque Road
into two parcels. After a long process of all the requirements, I would like to get
underway during the benefit of the construction season.
Thank you for your consideration.
Sincerely,
Richard Donahue
1515 Dubuque Road
Iowa City, IA 52245
Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ03~)0014/SUB03~)0013)
AN ORDINANCE REZONING 6.92 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO LOW DENSITY
SINGLE-FAMILY (RS-5) FOR PROPERTY LOCATED WEST OF CUMBERLAND LANE, SOUTH OF SCOTT
PARK.
WHEREAS, the applicant, Arlington Development inc., is the legal owner of approximately 6.92 acres located
west of Cumberland Lane, south of Scott Park; and
WHEREAS, the applicant has requested that the property be rezoned from Interim Development, ID-RS, to
Low Density Single Family Residential, RS-5; and
WHEREAS, the Planning and Zoning Commission has determined that the rezoning is in conformance with
the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from Interim Development,
ID-RS, to Low Density Single Family Residential, RS-5 plan is hereby approved.
Commencing at the Northeast Corner of the Northwest Quarter of Section 18, Township 79 North, Range
5 West of the 5th P.M.; Thence S00°02'42"E, 337.00 feet on the East line of said Northwest Quarter to
the Point of Beginning; Thence S00°02'42"E, 370.38 feet on said East line; Thence N89°28'11'W,
1217.03 feet; Thence N36°18'05"E, 12.86 feet; Thence N56°21'31"E, 408.32 feet; Thence N85°44'22"E,
297.52 feet; Thence N78°49'21"E, 326.95 feet; Thence N81°37'27"E, 254.40 feet to the Point of
Beginning. Said tract containing 6.92 acres, more or less, and is subject to easements and restrictions of
record.
SECTION 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.
SECTION II1. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance for this property and to record the same
at the office of the County Recorder of Johnson County, Iowa, all as provided by law.
SECTION IV. REPEALER. All ordinances and pads of ordinances in conflict with the previsions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of~ ,2003.
MAYOR
ATTEST:
CITY CLERK
Approved by
' city A~ornc~s O ~t~'~-e -
Ordinance No.
Page
It was moved by. and seconded by that the Ordinance
as road be adopted, and upon roll cell there wero:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 6/10/03
Voteforpassage: AYES: Pfab, Vandet-hoef, Wi]burn, Champion, Kanner, Lehman,
0'Donnel]. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Shelley McCafferty
Item: REZ03-00014/SUB03-00013
Highland Woods Date: May 1, 2003
Rezoning & Preliminary Plat
GENERAL INFORMATION:
Applicant: John Moreland
1476 South 1s~ Avenue
Iowa City, IA 52240
Contact Person: Duane Musser
MMS Consultants
1917 S. Gilbert
Iowa City, IA 52240
Phone: 351-8282
Requested Action: Approval of preliminary plat
Rezoning from ID-RS to RS-5
Purpose: To create an 10-lot subdivision
Location: West extension of Cumberland Lane
Size: 6.92 acres
Existing Land Use and Zoning: ID-RS, undeveloped
Surrounding Land Use and Zoning: North: P, public open space
South: County, golf course
East: RS-5; residential
West: Public; open space
Comprehensive Plan: 2-8 dwelling units per acre
File Date: April 10, 2003
45-day Limitation Period May 25, 2003
2
BACKGROUND INFORMATION:
The applicant, John Moreland has submitted an application for a rezoning from Interim
Development Single-family Residential (ID-RS) to Low Density Single-family Residential (RS-5)
and approval of a Preliminary Plat for Highland Woods, a 6.92-acre, '10-1ot subdivision located
west of Arlington Drive and Cumberland Lane. This development would allow the construction of
'10 single-family dwellings with one outlot to be owned and maintained by the neighborhood
association.
ANALYSIS:
Comprehensive Plan: This area was zoned to ID-RS at the time it was annexed into the City.
The Interim Development Single-family Residential zone was assigned because City services
were not yet available to the property and this zone "earmarked" the property for future single-
family residential use. City services are currently available, therefore this property may be
rezoned to a district that allows urban development.
The Comprehensive Plan indicates this area as appropriate for development of single-family
residences at a density of 2 to 8 dwelling units per acre. Highland Woods will be an extension of
Cumberland Lane and will be developed in a similar manner. Staff feels that Highland Woods will
be compatible with the neighborhood and adjacent land uses. Although it will not add any
additional housing diversity to the neighborhood, staff feels with the Windsor Ridge development
at Court Street and Camden Road and the future addition of Windsor Ridge Parts '16 through 20,
there will be adequate diversity in the vicinity.
Subdivision design:
The subdivision as submitted generally complies with the subdivision and zoning code. It
consists of '10 single-family lots and one outlot. The single-family lots range in size from '16,63'1
square feet to 44,054 square feet. Outlot A on the south side of Cumberland Lane is '1.34
acres and will be owned and maintained by the Highland Woods homeowners association for
private open space. All lots comply with the requirements of the RS-5, Low Density Single-
family Residential zone.
Street access will be from the Cumberland Lane, which connects to Arlington Drive.
Cumberland Lane will be stubbed at the south property line to allow its extension if the golf
course is ever redeveloped. A turn-around for fire trucks has been provided at the west end of
Cumberland Lane until this street is extended further. The length of Cumberland Lane from
Arlington Drive to the turn-around will exceed 900 feet, which is the maximum length allowed for
a cul-de-sac street. Staff feels this is acceptable in this situation because of its possible
connection to a future street network if the golf course ever redevelops. Also, the unique
configuration of the property makes it difficult for any other street design to be used.
Staff recommends that an 8-foot wide trail connection and easement be provided from
Cumberland Lane to the north property line. This is in anticipation of the construction of a trail
along the stream corridor in Scott Park. This connection would provide access to this future trail
and Scott Park for Highland Woods and any future developments south of Cumberland Lane
where the golf course is currently located.
Open space: Due to the character of the land in this development, staff is recommending that
fees be accepted in lieu of open space. Based on size and density of this development, fees
will be required for .~14 acres of open space.
Sanitary sewer and water: A sanitary sewer tap-on fee is not required. A water main extension
fee is required at $395 per acre for a total fee of $2,733.40
3
Storm water manaqement: Storm water management will be provided by the City storm water
detention basin located east of Scott Boulevard. No additional stormwater management is
required.
Sensitive Areas Site Plan:
The Sensitive Areas Site Plan is required due to the presence of fully hydric soils and steep
slopes on this property. Because of the fully hydric soils, the applicant is required to have a
wetlands specialist evaluate the property to determine if there are any wetlands present on the
site. This evaluation has not been submitted with this application. Where steep slopes are
present, development will have to comply with the applicable design standards, which include
eliminating sharp angles when cutting slopes and retaining existing vegetation to the extent
possible to maintain slope stability. Compliance with these standards will be enforced by the
Building Inspector.
Summary:
In general, staff feels that the proposed plan conforms with the Comprehensive Plan, and the
zoning and subdivision regulations.
STAFF RECOMMENDATION
Subject to the resolutions of the deficiencies listed below, staff recommends that REZ03-00014 a
rezoning from Interim Development Single-family Residential (ID-RS) to Low Density Single
Family Residential (RS-5), and SUB03-00013, a preliminary plat for Highland Woods, a 6.92-acre,
10-lot subdivision located west of Arlington Drive and Cumberland Lane, be approved.
DEFFICIENCIES AND DISCREPENCIES:
1. Minor corrections required by the City Engineer
2. Submittal of evaluation by wetlands specialist.
3. Addition of trail connection from Cumberland Lane to north property line.
ATTACHMENTS:
1. Location map
2. Preliminary plat
3. Zoning exhibit
Approved by: '~c~.. ,z~,
Robert Miklo, Senior Planner,
Department of Planning and Community Development
IDRS
)H 8 OSA-8 C '-~
RM 1',
PDH 8
M 12 CN1
P """ ' ' ' PDH 8
!
RS 5
West extension of Cumberland Lane SUB03-00013 & REZ03-00014
! Site Grading & Soil Erosion Control Plan
V II .... .--- HIGHLAND WOODS ~
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Smith-Moreland Properties
1486 S. First Avenue, Unit A
Iowa City, IA 52240
May 28, 2003
City Council
City of Iowa City
Civic Center
Iowa City, IA 52240
Dear Council Members:
On Jun~e~, 2003, you will be holding a public hearing on Highland Woods Rezoning.
This is a non-controversial in fill subdivision. There was no opposition at the Planning
and Zoning level.
I would like to start development immediately. ! am asking the council to give me the
first vote on the same night as the public hearing.
Thank you for your consideration.
Sincerely,
oreland, Jr.
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.'t 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 CI 1, Intensive Commemial; and
WHEREAS, this property has been identified by the City as appropriate for commemial 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:
~C=~[~LL~J~J~. The property legally described below is hereby redesignated from RS, Suburban
Residential, to CI1, Intensive Commemiah
In Section 20, Township 79, Range 6, that pad of SE NE S of Rd Exc That Part DESC as AP#2 in Bk 871
PG 204; AND EXC that pad 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 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
SFCTION 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 REPEALFR All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. ~EVFRABILITY. If any section, provision or pad 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 pad thereof not adjudged invalid or unconstitutional.
SECTION VI EFFECTIVE 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
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon reil call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 5/20/03
Voteforpassage:AYES: Vanderhoef, Wi]burn, Champion, Kanner, Lehman, 0'Donnel],
Pfab. NAYS: None. ABSENT: None.
Second Consideration 6/10/03
Vote for passage: AYES: Yanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell,
Pfab. ABSENT:- None.
Date published
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 2t8, 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 commercial development in this vicinity; and
WHEREAS, to address concerns with entranceway aesthetics along the Highway 1 frontage, the property
owners 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:
A. The privataly-owned properties on the north side of Highway 1 being annexed, legally described as
follows, are hereby redesignated from County CH, Highway Commercial, to CI-1, Intensive Commercial.
COM 300' S OF NE COR S 89° W 25.5', S35° 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 EX 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.
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 540 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 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 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'W, 377.5 ft. along the east line of the NE
% of said Section 20, to the centerline of Primary Road No. 1; thence S35°30 ½'W, 1838.6 ff. along said
centerline and centeHine tangent; thence N54°29 %'W, 101.3 ff. to the Point of Beginning; thence continuing
Ordinance No.
Page 2
N54029 %'W, 231.0 ft. to a point on the west line of the E % NE % of said Section 20; thence S0027 Y,'W,
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.), moro 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 centedine 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 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 38007'45" 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 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 58000'48"
E along said right-of-way line 96.64 feet (96.6 feet record); thence N 36°42'10" 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 84°23'41'' 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 36017'50'' 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 comer 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 dght of way line of Iowa
State Highway No. 1; thence North 48035'35" East along said right of way line 237.85 feet to the east line of
said parcel; thence South 04004'00'. 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 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 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 06041'08" and having a chord bearing
South 43019'05'' East 109.92 feet to the point of beginning; thence North 62o27'56.' East 30.64 feet; thence
South 48o27'49" 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 00027'02" and having a
chord bearing North 39o45'00'. 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 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;
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 North 04004'00" 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 Nodh 44°46'50" 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 64031'47" East (North 64032' 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 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 pamel 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 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 Nodh 88o34'01" West along the
south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast comer 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 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 04o21'50" and having a chord bearing North 44028'43'' 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 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 OCR 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.
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 N CORNER OF SAID SECTION 20, THENCE SOUTH 00o09'17" WEST
ALONG THE EAST LINE OF THE SOUTHEAST N OF SAID SECTION 20 A DISTANCE OF 1224.96 FEET
(18.56 CHAINS); THENCE SOUTH 89040'57" 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 74045'09'' 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 61°31'31' 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:
North 18.567 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20,
T79N, R6W, excepting the poction west of Mormon Trek Boulevard.
SECTION 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
SECTION 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.
SFCTION IV. CERTIFI(";ATION 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.
~. All ordinances and parts of ordinances Tn conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVF:RARILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFF(';TIVF 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-tto'~ne~s O~i'ce
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll cell there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
. O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 5/20/03
Voteforpassage:AYES: Wilbur'n, Champion, Kanner, Lehman, 0'Donne]l, Pfab,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration 6/10/03
Voteforpassage- AYES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef. NAYS: None. ABSENT: None.
Date published
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-O0017)
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, 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
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/REZ03-00017CZA.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.
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 I~ ~ ,2003.
OWNER CITY OF IOWA CITY
~ DaY.vis ~.~rT.,~ By: 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 ,'f,'~.~ , 20 o5 , before me, the undersigned, a
Notary Publ-~'~ and for said County, m said State, personally appeared c)~._.~ ,~,~,,~:
, 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 ir~ and for the State of Iowa
My commission expires:
ppdadm/agt/REZ03-00017CT-A, doc
REZ05-00017 CZA
Page 3,
OWNER
Robert
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 50 day of A~t~ ~ , 200 ~, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ro'~ -~ 'D..v t .s
, 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 -~'~-~ 4._ , 200~, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared .""'~--~,_¢-~
, to me known to be the identi~l pemons named i~nd who executed the
within and foregoing instrument, and acknowledged that she executed the same as her volunta~ act
and deed.
No~a~ Public in and f~he State of~
My commission expires:
~ ~mmi~ion Expir~
ppdadrn/agt/REZ03~)0017CZA.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, par[ 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/Mitchel~
Page 2
5. Owners acknowledge that the conditions contained herein are reasonable conditions to ira-
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 el-
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.
~¢'Pt.. By:
Ril~k Jir.' \ Ernest Lehman, Mayor
Marl{ Mitchell
Attest
Marian K. Karr, City Clerk
Approved by:
Oity~.~'torney's O~ice '
REZ03-00017 CZA (Jirsa/Mitchell~
Page 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~O'~4' day of ("~j~,_~ ,200;"2, before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared
and r~-~ ~ ;-~_.~ .. , 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~nd for the State of Iowa
My commission expires:
ppdadrn/agt/REZ03-00017CZAjirsamitchell.doc COmmiSSiON if 224880 J
MY COMMISSION E,YP!RES !
io, .os .....
3
Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ03-00004)
0RD[NANCE NO. 03-4083
AN ORDINANCE COMBINING THE LONGFELLOW HISTORIC DISTRICT AND THE MOFFITT
COTTAGE HISTORIC DISTRICT INTO ONE HISTORIC DISTRICT NAMED THE
LONGFELLOW HISTORIC DISTRICT
WHEREAS, the Iowa City City Council has designated the Longfellow Historic District and the Moffitt
Cottage Historic District as Historic Preservation Overlay zones; and
WHEREAS, the Longfellow Historic District and the Moffitt Cottage Historic District are contiguous;
and
WHEREAS, at its October 24, 2002 public hearing, the Historic Preservation Commission
recommended that the boundaries of the Longfellow Historic District and Moffitt Cottage Historic District
be amended to combine them into one historic district named the Longfellow Historic District; and
WHEREAS, at its February 20, 2003 meeting, the Planning and Zoning Commission recommended
approval of said proposed amendment, and the amended Longfellow Neighborhood District Guidelines;
and
WHEREAS, the State Historical Society of Iowa has reviewed the proposed nomination and concurs
with the recommendations contained within the historic district report for this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL The Longfellow Historic District and the Moffitt Cottage Historic District are
hereby combined into one historic district named the Longfellow Historic District, which is legally
described as follows; and the Longfellow Neighborhood District Guidelines, which are attached hereto
and incorporated herein by this reference are hereby approved:
Beginning at the northwest corner of lot 22, in Kauffman's Addition, Iowa City, Johnson County,
Iowa, Section I1, Township 79 North, Range 6 West; Thence easterly 214.23 feet to the northeast
corner of lot 21, Kauffman's Addition; Thence easterly 15 feet to the northwest corner of Oakes
First Addition; Thence easterly 360 feet to the northeast corner of lot 22, Oakes First Addition;
Thence easterly 20 feet to a point on the east line of the alley between Burlington and Court
Streets; Thence northerly 7 feet to a point on the eastern boundary of the 20 foot alley west of
Muscatine Avenue between Court and Burlington Streets; Thence easterly 92.2 feet and
southerly 35.3 feet to the northwest corner of lot 1, Koser's Subdivision; Thence easterly 145 feet
to the western R.O.W. line of Muscatine Avenue; Thence northeasterly across Muscatine Avenue
to the southwest corner of Lot 2 of W.C. Mott's Subdivision of part of Block 5 and 7 of Clark and
Bor[and's Addition; Thence northeasterly to the northern most corner of said Lot 2; Thence
southeasterly to the southeastern corner of Lot 7 of said W.C. Mott's Subdivision; Thence
southerly to a point on the centerline of Muscatine Avenue that intersect the projected eastern
boundary line of Lot 1, Block 3 of Rundell Addition;Thence southeasterly to a point where said
centerline intersects with the projected centertine of the 20 foot alley between Rundell and
Dearborn Streets; Thence southerly along the centerline of said alley to a point where centerline
intersects with the projected south boundary line of lot 11, block 9, Rundell Additions; Thence
southwesterly to the centerline of the 16 foot alley between Rundell and Dearborn Streets at the
soLlth R.O.W. of Sheridan Avenue; Thence southerly along centerline of said 16 foot alley to
where said centerline intersects with the eastward projected south boundary line of lot 2, block 8,
Rundell Addition; Thence westerly 133 feet to the southwest corner of said lot 2; Thence northerly
50 feet along the east R.O.W. line of Rundell Street; Thence westerly 60 feet to the west R.O.W.
line of Rundell Street; Continuing westerly 125 feet to the southwest corner of lot 18, block 6,
Rundell Addition; Continuing westerly 8 feet to the centerline of the 16 foot alley running along the
western boundary of the properties fronting the west side of Rundell Street Thence southerly 75
feet a ong the centeriine of said alley; Thence westerly to the southwest corner of lot 1, block 6,
Rundell Addition; Thence northwesterly along the west boundary of said lot 1 to the centerline of
Sheridan Avenue; Thence westerly along the centerline of Sheridan Avenue to a point 148 feet
Ordinance No. 03-4083
Page 2
east of where said centerline intersects with the projected east boundary line of lot 17, block 2,
Reagan's Second Addition; Thence southerly to the south R.O.W. line of Sheridan Avenue;
Continuing southerly 91 feet; Thence westerly 98 feet to a point on the east R.O.W. line of
Maggard Street; Thence westerly 25 feet to the centedine of Maggard Street; Thence northerly to
a point where said centerline intersects with the projected south boundary line of lot 17, block 2,
Reagan's Second Addition; Thence westedy 25 feet to the southeast corner of lot 17, block 2,
Reagan's Second Addition; Thence westerly 236.1 feet to the southwest corner of lot 1, block 2,
Reagan's Second Addition; Thence westerly 30 feet to the centedine of Roosevelt Street; Thence
southerly 60 feet to a point where said centerline intersects with the projected south boundary line
of lot 2, block 1, Reagan's Second Addition; Thence westerly 30 feet to the southeast corner of lot
2, block 1 of Reagan's Second Addition; Thence westerly 140 feet to the southwest corner of said
lot 2; Thence westerly 10 feet to the centerline of the alley between Roosevelt Street and Clark
Street; Thence nodherly to a point where said centerline intersects with the projected south
boundary line of lot 1, block 3, Reagan's First Addition; Thence westerly 10 feet to the southeast
corner of lot 1, block 3 of Reagan's First Addition; Thence westerly 60 feet along the south
boundary of said lot 1; Thence northerly 220 feet to a point on the north boundary of lot 5, block 2
of Reagan's First Addition; thence eastedy 60 feet to the northeast corner of said lot 5; Continuing
easterly 10 feet to the centerline of the alley just east of Clark Street, between Sheridan Avenue
and Seymour Avenue; Thence northerly 500 feet to the south boundary line of lot 14 of Coldren's
Addition; Thence easterly 12 feet to the southeast corner of said lot 14; Thence northerly 156 feet
to the northeast corner of lot 15 of Coldren's Addition; Thence easterly 61 feet to a point on the
west boundary of the properly belonging to Longfellow School; Thence northerly to the northeast
corner of lot 37 of Oakes Second Addition; Thence westerly 235 feet to the northwest corner of
said lot; Thence westerly 30 feet to the centerline of Clark Street; Thence northerly 9.83 feet
along said centerline; Thence westerly 139.17 feet; Thence northerly 168.26 feet to the centerline
of Court Street; Thence easterly 23.44 feet along said centerline; Thence nodherly 30 feet to the
southeast corner of lot 23 of Kauffman's Addition; Thence northerly 162.2 feet to a point on the
western boundary of the vacated alley east of Summit Street between Court Street and Burlington'
Street, in Kauffman's Addition; Thence easterly 15 feet to the point of beginning.
SECTION 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.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same at the office of the County Recorder of Johnson County, Iowa, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this lOthday of June ,2003.
Ordinance No. 03-4083
Page 3
Approved by
Ordinance No. 03-4083
Page. 4
It was moved by . Champion and seconded by Pfab that the Ordinance
as read be adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 5/6/03
Vote for passage: AYES : Vanderhoef; Wilburn, Champion, Kanner, Lehman, 0'Donnell,
NAYS: None. ABSENT: Pfab.
· ~nd Consideration 5/20/03
Vote for passage: AYES: Champion, Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Date published 6/18/03
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 03-4084
AN ORDINANCE VACATING THE NORTHERNMOST 60 FEET OF THE DEAD-END ALLEY ALONG
THE WEST PROPERTY LINE OF 405 SOUTH SUMMIT STREET.
WHEREAS, the northernmost 60 feet of the alley between South Governor Street and South Summit
Street, adjacent to the west properly line of 405 South Summit Street, is not used for pedestrian or
vehicular traffic circulation; and
WHEREAS, there are no utilities in the right-of-way proposed to be vacated; and
WHEREAS, the area proposed to be vacated does not provide access to any drives or driveways, is
padially unpaved, and is not being used by the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION. Subject to the disposition and conveyance of the right-of-way being
approved concurrent with approval of the vacation, the City of Iowa City hereby vacates the right-of-way
legally described as follows:
THE SOUTH 60 FEET OF THE NORTH 80 FEET OF THE PLATTED ALLEY IN BLOCK 2,
BERRYHILL'S SECOND ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF,
RECORDED IN DEED BOOK 28 AT PAGE 293 IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER, CONTAINING 1,200 SQUARE FEET AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
P~5'~ld and approved this lOth dry of June ,2003.
CITY C L E~'K
Approved by
~ity A~to'rney'slOffice
ppdad m.'~d/surcrr~l dcc
Ordirmnce No. 03-4084
Page. 2
It was moved by Champion and seconded by, Wilburn that the Ordinance
as read be adopted, and upon roll call lhere were:
AYES: NAYS: ABSENT:
X Champion
Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
_ X Wilburn
First Consideration 12/19/00
Voteforpassage: AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef,
Wilburn, Champion. NAYS: None. ABSENT: None.
SecOnd Consideration 1/9/0t
Voteforpassage: AYES: Champion, Kanner, Lehman, 0'Donnell, Pfab,Vanderhoef,
Wi]burn. NAYS: NOne. ABSENT: None.
Date published 6/18/03
Prepared by: Joe Fowler, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5156
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO
INCREASE THE FINE FOR PARKING TICKETS, INCREASE MONTHLY PARKING PERMIT FEES, AND
CHANGING THE PARKING TICKET ESCALATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. ~P. ctinn ,3-4-7: Title 3, Chapter 4, Subsection 7, Parking Violations of the Iowa City Code of
Ordinances should be and is hereby amended by repealing Section 3-4-7, and enacting in lieu thereof a new
Subsection 3-4-7 to be codified and to read as follows:
Amount of Fee,
Charge, Bond,
Description Of Fee, Charge, Bond, Fine Or Penalty Fine or Penalty
Parking ramps:
Hourly parker (Tower Place), per hour $0.60
Hourly parker (Ramp A), per hour 0.60
Hourly parker (Ramp B), per hour 0.60
Hourly parker (Chauncey Swan), per hour 0.50
Monthly all day permits (Ramp A and Tower Place), per month 70.00
Monthly all day permits - reserved space (Tower Place), per month 75.00
Monthly all day permits - reserved space (annual advance payment - Tower 855.00
Place)
Monthly all day permits (annual advance payment - Ramp A and Tower Place), 798.00
per year
Monthly all day permits (annual advance payment - Ramp B), per year 684.00
Ramp A is the Cap~tol Street parking ramp, while Ramp B is the Dubuque Street
parking ramp.
Reissue of ramp monthly permit exit card, each reissue 25.00
Reissue of all other permits, each reissue 2.00
Penalties for parking violations:
Overtime parking 5.00
Expired meter 5.00
Prohibited zone 10.00
Illegal parking - handicapped parking space 100.00
or as stated in the
Code of Iowa, as
amended
One hour restricted zone, Civic Center lot 5.00
All other illegal parking violations 10.00
Increases:
30 days after issue, overtime and expired meter ticket fees shall increase to 10.00
30 days after issue, all illegal parking fees, except handicapped, expired meter 15.00
and overtime shall increase to
Fee for contractor reservation of space, per day 10.00
Show up fee charged by tow truck operator 20.00
Parking meter fees: (except as otherwise noted)
Central business district on street meter, per hour 0.60
Central business district lot meter, per hour 0.60
Peripheral on street meter, (outside central business district), per hour 0.40
Ordinance No.
Page 2
100-500 block of North Clinton Street, per hour 0.60
100-300 block of East Jefferson Street, per hour 0.60
100 block of East Market Street, per hour 0.60
100 block of North Linn Street, per hour 0.60
400 block of Iowa Avenue 0.60
Peripheral lot meter, (outside central business district), per hour 0.40
Fees for parking in city parking lots:
City parking lots adjacent to central business district and central business:
Monthly all day permits, per month 60.00
Monthly all day permits (annual advance payment), per year 684.00
Monthly off hours permits (after 5:00 P.M., Monday through Friday, all day Saturday 49.00
and Sunday), per month
All other city lots/ramps:
Monthly all day permits, per month 55.00
Monthly all day permits (annual advance payment), per year 627.00
City employee lot permits, per month
~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
~ECTION IV. EFFECTIVE 13ATF 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
Al-rEST:
CITY CLERK
Approved by
~;i~ Attorney's O~ficcE
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll cell there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 6/10/03
Voteforpassage: AYES: Vanderhoef, Wilburn, Champion, Kanner, Lehman, 0'Donne11,
Pfab. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Joe Fowler, 410 E. Washington Street, Iowa City, IA 52240; 319-356.~,156
ORDINANCE NO. __ __ _ /
/
. ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION A.N,,D/FEES," CHAPTER 4,
SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES'~)F THE CITY CODE TO
INCREASE THE FINE FOR PARKING TICKETS, INCREASE MONTHLY ?ARKING PERMIT FEES,
INCREASE CERTAIN PARKING METER FEES TO $.75 PER HOUR AND/CHANGING THE PARKING
TICKET ESCALATION.
NOW, 'THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL/OF THE CITY OF IOWA CITY,
IOWA: "~
~: Title 3, Chapter 4, Subsection 7, Parking y4'olations of the Iowa City Code of
Ordinances should be and is hereby amended by repealing Section3-4-7, and acting in lieu thereof a new
Subsection 3-4-7 ~o be codified and to read as follows:
. / Amount of Fee,
/ Charge, Bond,
Description Of Fee, t~harge, Bond, Fine Or Penalty / Fine or Penalty
Parking ramps:
Hourly parker (Tower P~ce), per hour ? $0.60
Hourly parker (Ramp A), ~r hour /' 0.60
Hourly parker (Ramp B), ~)e~.hour ./ 0.60
Hourly parker (Chauncey'Sw"a0), per hour ,/ 0.50
Monthly all day permits (Rampt~. and Tower R~ace), per month 65.00
Monthly all day permits - reserve~ space (To, er Place), per month 70.00
Monthly all day permits - reserved~pace (a/nnual advance payment - Tower 798.00
Place) '
Monthly all day permits (annual adva~'l~c¢"~ayment - Ramp A and Tower Place), 741.00
per year
Monthly all day permits (annual advar~ci~payment - Ramp B), per year 627.00
Ramp A is the Capitol Street parking' rarr~, while Ramp B is the Dubuque Street
parking ramp.
Reissue of ramp monthly permit exit card, ~ch reissue 25.00
Reissue of all other permits, each reissue % 2.00
Penalties for parking violations:
Overtime parking % 5.00
· Expired meter ~ 5.00
Prohibited zone ~ 10.00
Illegal parking - handicapped parking space ~ 100.00
' ~ or as stated in the
Code of Iowa, as
amended
One hour restricted ZOne, Civic Center lot ~ 5.00
All other illegal park~g violations ~ 10.00
Increases: /
30 days after issu/~, overtime and expired meter ticket fees shalt~ncrease to 10.00
30 days after issue, all illegal parking fees, except handicapped, Axpired meter 15.00
and overtime st')/all increase to
Fee for contraclior reservation of space, per day 10.00
Show up fee c~harged by tow truck operator 20.00
Parking meter fries: (except as otherwise noted)
Central business district on street meter, per hour 0.75
Central business district lot meter, per hour 0.75
Ordinance No.
Page 2
Peripheral on street meter, (outside central business district), per hour 0.40
100-500 block of North Clinton Street, per hour 0.75
100-300 block of East Jefferson Street, per hour 0.60
100 block of East Market Street, per hour 0.60
100 block of North Linn Street, per hour 0.60
400 block of Iowa Avenue 0.60
Peripheral lot meter, (outside central business district), per hour 0.40
Fees for parking in city parking lots:
City parking lots adjacent to central business district and central business:
Monthly all day permits, per month 55.00
Monthly all day permits (annual a(~(.ance payment), per year 627.00
Monthly off hours permits (after 5:0(~P.M., Monday through Friday, all day Saturday 39.00
and Sunday), per month
All other city lots/ramps: ~
Monthly all day permits, per month \~/ 50.00
Monthly all day permits (annual , payment), per year~ 570.00
City employee lot permits, per month
~. All ordinanc and pads of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY If an' n, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication not affect the validity of the Ordinance as a whole or any
section, provision or
SECTION IV. EFFECTIVE DATE. 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
Approved by
City Attomey's Office
paridng/ord/fee incr 0C~03.doc
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 03-4085
ORDINANCE REPEALING CHAPTER 7, "SMOKING IN FOOD ESTABLISHMENTS", OF TITLE
6, "PUBLIC HEALTH", OF THE CITY CODE,
WHEREAS, as a result of the Iowa Supreme Court's decision in James Enterprises, Inc. vs. City of
Ames, issued on May 7, 2003, Iowa City's ordinance prohibiting smoking in certain food establishments is
inconsistent with State law and unenfomeable.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Chapter 7, "Smoking in Food Establishments", of Title 6, "Public Health", of
the City Code is hereby repealed.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 10th dayof ,~une ,20 03 .
CITY¥'~LERK
City Attorney's Office
Ordinance No. 03-4085
Page 2
It was moved by Vanderhoef and seconded by 0' Donne] ] that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 5/20/03
Voteforpassage: AYES: Pfab, Vanderhoef, Wi]burn, Champion, Kanner,Lehman,
0~.Donne]]. NAYS: None. ABSENT: None.
Second Consideration ......................
Vote for passage:
Date published 6/18/03
Roved by, Vanderhoef, Seconded by Champion, that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the second consideration and vote be
waived and the ordinance be voted upon for final passage at this time.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 00-
3947, PROVIDING THAT GENERAL PROPERTY TAXES
LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED
SYCAMORE AND FIRST AVENUE URBAN RENEWAL
AREA OF THE CITY OF IOWA CITY, COUNTY OF
JOHNSON, STATE OF IOWA, BY AND FOR THE
BENEFIT OF THE STATE OF IOWA, CITY OF IOWA
CITY, COUNTY OF JOHNSON, IOWA CITY
COMMUNITY SCHOOL DISTRICT, AND OTHER
TAXING DISTRICTS, BE PAID TO A SPECIAL FUND
FOR PAYMENT OF PRINCIPAL AND INTEREST ON
LOANS, MONIES ADVANCED TO AND
INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO
BE ISSUED, INCURRED BY SAID CITY IN
CONNECTION WITH THE AMENDED SYCAMORE
AND FIRST AVENUE URBAN RENEWAL
REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Iowa City, Iowa has heretofore, in
Ordinance No. 00-3947, provided for the division of taxes within the Sycamore and First
Avenue Urban Renewal Project Area, pursuant to Section 403.19 of the Code Of Iowa;
and
WHEREAS, additional territory now has been added to the Sycamore and First
Avenue Urban Renewal Project Area; and
WHEREAS, indebtedness has been incurred by the City, and additional
indebtedness is anticipated to be incurred in the future, to finance urban renewal project
activities within the amended Sycamore and First Avenue Urban Renewal Project Area,
and the continuing needs of redevelopment within the amended Sycamore and First
Avenue Urban Renewal Project Area are such as to require the continued application of
the incremental tax resources of the amended Sycamore and First Avenue Urban Renewal
Project Area; and
WHEREAS, the following enactment is necessary to accomplish the objectives
described in the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, THAT:
Ordinance Number 00-3947 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the
following meanings:
(a) Original Project Area shall mean that portion of the City of Iowa City,
Iowa described in the Urban Renewal Plan for the Sycamore and First Avenue
Urban Renewal Area approved by Resolution No.00-295 on
August 15, 2000, which Original Project Area includes the lots and parcels located
within the area legally described as follows:
Consisting of a tract of land described as follows:
Commencing at the Southeast comer 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 comer 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 comer 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 comer 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 comer of
Johnson County Auditor's Parcel 10-14-452-004; thence Northeasterly
256.82 feet to the Northern comer of said parcel; thence Southeasterly 40
feet to the Eastern comer of said parcel; thence Northeasterly along the
property line of Johnson County Auditor's Parcel 10-14-452-002 to its
Northern comer; thence Southeasterly 150 feet along the property line of
said parcel to its Eastern comer; thence Southwesterly 224.9 feet to the
intersection of said parcel's Southern comer and the Northem Right-of-
Way line of Lower Muscatine Road.
Thence 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 feet 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 Section 14.
Thence South along the 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 comer of Johnson County Auditor's
Parcel 10-13-353-003; thence Easterly to the Eastern line of Section 14;
thence South along the East~n line of Section 14 to the Northwest comer
of Johnson County Auditor's Parcel 10-13-353-002; thence Easterly 176
feet to the Eastern property line of said parcel; thence Southwesterly along
the Eastern property line of Parcel 10-13-353-002 to it's Southeast comer;
thence Northwesterly to the Eastern line of Section 23; thence South along
the Eastern line of Section 23 to the Southeast comer of the Johnson
County Auditor's Parcel described as 10-23-103,001 through 029, then
Southwesterly 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 the
Northeastern comer 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 Avenue; 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;
Co) Amendment No. 1 Area shall mean that portion of the City of Iowa
City, Iowa described in Amendment No. 1 to the Urban Renewal Plan for the
Sycamore and First Avenue Urban Renewal Area approved by Resolution No.
3
on May 20, 2003, which Amendment No; 1 Area includes the lots and
parcels located within the area legally described as follows:
Commencing at the northeast comer of Mall Drive Subdivision, which is the point
of beginning. Thence northwesterly along the southern boundary of the Iowa
Interstate Railway, to the northeast comer 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 an extension of the westerly fight-of-way of
Sycamore Street. Thence southerly along said westerly fight-of-way of Sycamore
Street to the southeast comer of Johnson County Auditor Parcel # 10-14-386-003;
thence 66 feet to a point perpendicular on the eastern fight-of-way line of
Sycamore Street; thence northerly along the eastern right-of-way line of Sycamore
Street to the northwestern comer 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 fight-of-way
line of Lower Muscatine Road; thence northwesterly along the southern fight-of-
way line of Lower Muscatine Road to a point perpendicular 33 feet from the
western comer of a parcel formerly known as Johnson County Auditor's Parcel
#10-14-452-004; thence northeasterly 223.82 feet to the northern comer of said
parcel; thence southeasterly 40 feet to the eastern comer of said parcel; thence
northeasterly along the property line of said parcel formerly known as Johnson
County Parcel #10-14-452-002 to its northern comer; thence southeasterly 150
· feet along the property line of said Parcel to its eastern comer; thence
southwesterly 224.9 feet to the intersection of said Parcel's southern comer and the
northern fight-of-way line of Lower Muscatine Road. Thence southeasterly along
the northern fight-of-way line of Lower Muscatine Road to the northern fight-of-
way line of Mall Drive; thence northeasterly 1,533.09 feet along the northern
right-of-way line of Mall Drive to the southern fight-of-way line of the Iowa
Interstate Railroad, which is the point of beginning.
Said parcel contains approximately 51 acres.
(c) Amended Project Area shall mean that portion of the City of Iowa City,
Iowa included within the Original Project Area and the Amendment No. 1 Area,
which Amended Project Area includes the lots and parcels located within the area
legally described as follows:
Consisting of a tract of land described as follows:
Commencing at the Southeast comer 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.
Thence 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 feet 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 Section 14.
Thence South along the 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 Auditor'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
feet to the 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 line 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
Southwesterly 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 the
Northeastern comer 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 Avenue; 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;
Commencing at the northeast comer of Mall Drive Subdivision, which is the point
of beginning. Thence northwesterly along the southern boundary of the Iowa
Interstate Railway, to the northeast comer 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 an extension of the westerly right-of-way of
Sycamore Street. Thence southerly along said westerly right-of-way of Sycamore
Street to the southeast comer of Johnson County Auditor Parcel #10-14-386-003;
thence 66 feet to a point perpendicular on the eastern fight-of-way line of
Sycamore Street; thence northerly along the eastern fight-of-way line of Sycamore
Street to the northwestern comer 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 fight-of-way
line of Lower Muscatine Road; thence northwesterly along the southern fight-of-
way line of Lower Muscatine Road to a point perpendicular 33 feet from the
western comer of a parcel formerly known as Johnson County Auditor's Parcel
//10-14-452-004; thence northeasterly 223.82 feet to the northern comer of said
parcel; thence southeasterly 40 feet to the eastern comer of said parcel; thence
northeasterly along the property line of said parcel formerly known as Johnson
County Parcel #10-14-452-002 to its northern comer; thence southeasterly 150
feet along the property line of said Parcel to its eastern comer; thence
southwesterly 224.9 feet to the intersection of said Parcel's southern corner and the
northern fight-of-way line of Lower Muscatine Road. Thence southeasteriy along
the northern right-of-way line of Lower Muscatine Road to the northern right-of-
way line of Mall Drive; thence northeasterly 1,533.09 feet along the northern
right-of-way line of Mall Drive to the southern right-of-way line of the Iowa
Interstate Railroad, which is the point of beginning.
Said parcel contains approximately 51 acres.
Section 2: The taxes levied on the taxable property in the Amended Project Area,
legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of
Iowa City, County of Johnson, Iowa City Community School District, and all other
taxing districts from and after the effective date of this Ordinance shall be divided as
hereinafter in this Ordinance provided.
Section 3: As to the Original Project Area, that portion of the taxes which would
be produced by the rate at which the tax is levied each year by or for each of the taxing
districts taxing property in the Original Project Area upon the total sum of the assessed
value of the taxable property in the Original Project Area as shown on the assessment roll
as of January 1, 1999, being the first day of the calendar year preceding the effective date
of Ordinance No. 00-3947, shall be allocated to and when collected be paid into the fund
for the respective taxing district as taxes by or for said taxing district into which all other
property taxes are paid. The taxes so determined shall be referred herein as the "base
period taxes" for such area.
As to Amendment No. 1 Area, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1, 2002,
being the assessment roll applicable to property in such area as of January 1 of the
calendar year preceding the effective date of this Ordinance.
Section 4: That portion of the taxes each year in excess of the base period taxes
for the Amended Project Area, determined for each sub-area thereof as provided in
Section 3 of this Ordinance, shall be allocated to and when collected be paid into the
special tax increment fund previously established by the City of Iowa City to pay the
principal of and interest on loans, monies advanced to, or indebtedness, whether funded,
refunded, assumed or otherwise, including bonds issued under authority of Section 403.9
or Section 403.12 of the Code of Iowa, incurred by the City of Iowa City, Iowa to finance
or refinance, in whole or in part, urban renewal projects undertaken within the Amended
Project Area pursuant to the Urban Renewal Plan, as amended, except that taxes for the
regular and voter-approved physical plant and equipment levy of a school district
imposed pursuant to Section 298.2, but only to the extent authorized in Section
403.19(2), and taxes for payment ofbo.nds and interest of each taxing district shall be
7
collected against all taxable property within the Amended Project Area without any
limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in
the areas of the Amended Project Area exceeds the total assessed value of the taxable
property in said areas shown by the assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected upon the taxable property in the Amended
Project Area shall be paid into the funds for the respective taxing districts as taxes by or
for the taxing districts in the same manner as all other property taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon
and indebtedness of the City of Iowa City referred to in Section 4 hereof have been paid,
all monies thereafter received from taxes upon the taxable property in the Amended
Project Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. The provisions of this Ordinance are intended and
shall be construed so as to continue the division of taxes from property within the
Original Project Area under the provisions of Section 403.19 of the Code of Iowa, as
authorized in Ordinance No. 00-3947, and to fully implement the provisions of Section
403.19 of the Code of Iowa with respect to the division of taxes from property within the
Amendment No. 1 Area as described above. In the event that any provision of this
Ordinance shall be determined to be contrary to law it shall not affect other provisions or
application of this Ordinance which shall at all times be construed to fully invoke the
provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project
Area and the territory contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
PASSED AND APPROVED this day of ,2003.
Mayor
ATTEST:
City Clerk
Read first time: ~/20/03
AYES: Wilburn, Champion, Lehman, O'Uonnell, Ptab, vanderhoef. NAYS: Kanner. ABSENT:
None.
Read second time: 6/I0/03
AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Will, urn, champion. NAYS:Kanner ABSENT:
Read third time: None.
PASSED AND APPROVED:
PUBLISHED:
DLILLEBO~365050\l \10714.060
9
ORDINANCE NO.
AN ORDINANCE PROVIDING THAT GENERAL
PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE
HIGHWAY 6 COMMERCIAL URBAN RENEWAL
PROJECT AREA, IN THE CITY OF IOWA CITY,
COUNTY OF JOHNSON, STATE OF IOWA, BY AND
FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF
IOWA CITY, COUNTY OF JOHNSON, IOWA CITY
COMMUNITY SCHOOL DISTRICT AND OTHER
TAXING DISTRICTS, BE PAID TO A SPECIAL FUND
FOR PAYMENT OF PRINCIPAL AND INTEREST ON
LOANS, MONIES ADVANCED TO AND
INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO
BE ISSUED, INCURRED BY SAID CITY IN
CONNECTION WITH SAID URBAN RENEWAL
REDEVELOPMENT PROJECT.
WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice
and hearing as prescribed by law and pursuant to Resolution No. passed and
approved on the 20th day of May, 2003, adopted an Urban Renewal Plan (the "Urban
Renewal Plan") for an urban renewal area known as the Highway 6 Commercial Urban
Renewal Project Area (the "Urban Renewal Project Area"), which Urban Renewal
Project Area includes the lots and parcels located within the area 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 Center, Block 1, Lot 3
intersects. Thence 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 centerline
of U.S. Highway 6 to the Iowa River. Thence southerly along the east bank
-1-
of the river to a point on the centerline of the Cedar 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 Cedar 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 eastem boundary of Waterfront Drive
right-of-way. Thence westerly to a point on the centerline of Waterfront
Drive.
Thence continuing along the centerline 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 Southgate Avenue to the
centerline of Keokuk Street. Thence southerly along the centerline of
Keokuk Street to a point where said centerline intersects the centerline of
Cross Park Avenue. Thence easterly along said centerline to the point of
beginning.
Said parcel contains approximately 212 acres;
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the
City o£Iowa City, Iowa in the future to finance urban renewal project activities carried
out in furtherance o£the objectives of the Urban Renewal Plan; and
WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for
the division of revenue from taxation in the Urban Renewal Project Area, as above
described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as
amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1.. That the taxes levied on the taxable property in the Urban Renewal
Project Area legally described in the preamble hereof, by and for the benefit of the State
of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District,
-2-
and all other taxing districts from and after the effective date of this Ordinance shall be
divided as hereinafter in this Ordinance provided.
Section 2. That portion of the taxes which would be produced by the rate at
which the tax is levied each year by or for each of the taxing districts upon the total sum
of the assessed value of the taxable property in the Urban Renewal Project Area, as
shown on the assessment roll as of January 1 of the calendar year preceding the first
calendar year in which the City of Iowa City certifies to the County Auditor the amount
of loans, advances, indebtedness, or bonds payable from the division of property tax
revenue described herein, shall be allocated to and when collected be paid into the fund
for the respective taxing district as taxes by or for the taxing district into which all other
property taxes are paid.
Section 3. That portion of the taxes each year in excess of the base period taxes
determined as provided in Section 2 of this Ordinance shall be allocated to and when
collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby
established, to pay the principal of and interest on loans, monies advanced to,
indebtedness, whether funded, refunded, assumed or otherwise, including bonds or
obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as
amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in
part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant
to the Urban Renewal Plan, except that taxes for the regular and voter-approved physical
plant and equipment levy of a school district imposed pursuant to Section 298.2, but only
to the extent authorized in Section 403.19(2), and taxes for the payment of bonds and
interest of each taxing district shall be collected against all taxable property within the
Urban Renewal Project Area without any limitation as hereinabove provided.
Section 4. Unless or until the total assessed valuation of the taxable property in
the Urban Renewal Project Area exceeds the total assessed value of the taxable property
in the Urban Renewal Project Area as shown by the assessment roll referred to in Section
2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the
Urban Renewal Project Area shall be paid into the funds for the respective taxing
districts as taxes by or for said taxing districts in the same manner as all other property
taxes.
Section 5. At such time as the loans, advances, indebtedness, bonds and interest
thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all
monies thereafter received from taxes upon the taxable property in the Urban Renewal
Project Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
-3-
Section 6. All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. The provisions of this Ordinance are intended and
shall be construed so as to fully implement the provisions of Section 403.19 of the Code
of Iowa, as amended, with respect to the division of taxes from property within the Urban
Renewal Project Area as described above. In the event that any provision of this
Ordinance shall be determined to be contrary to law, it shall not affect other provisions or
application of this Ordinance which shall at all times be construed to fully invoke the
provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal
Project Area and the territory contained therein.
Section 7. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Mayor
ATTEST:
City Clerk
Read First Time: 5/20/03 _, 2003 Vote for passage:AYES: Lehman, 0' Donnel 1,
Vanderhoef, Wilburn, Champion. NAYS: Kanner, Pfab. ABSENI: None.
Read Second Time: 6/10 ,2003 Vote for passage: AYES : Lehman, O'Donnell,
Vanderhoef, Wilburn, Champion. NAYS: Kanner, Pfab. ABSENT: None.
Read Third Time: ~ 2003 Vote for passage:
PASSED AND APPROVED: ., 2003.
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