HomeMy WebLinkAbout2003-06-24 Ordinance Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356~5251
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE '14, CHAPTER 6, ENTITLED "ZONINGs" ARTICLE G,
ENTITLED" OFFICE AND RESEARCH PARK ZONE (ORP)," AND ARTICLE L, ENTITLED,
"PROVISIONAL USES, SPECIAL EXCEPTIONS, AND TEMPORARY USES."
WHEREAS, the Office and Reseamh Park Zone (ORP) is intended to provide areas for the
development of large office, researeh and similar uses and the requirements of this zone protect uses in
the zone from adverse impact of uses on adjacent land and protect adjacent moro restrictive uses; and
WHEREAS, utility substation facilities, if screened and sited properly, would not be contrary to the
intent of the Office and Researeh Park Zone; and
WHEREAS, the 7-acre minimum lot area requiroment of the ORP Zone may be excessive for utility
substations in certain circumstances, given that there is little treffic or activity at such a site; and
WHEREAS, the Board of Adjustment, if given specific authority in the Zoning Chapter, may grant relief
from specific roquiroments of the Zoning Chapter through a special exception if the action is considered to
serve the public interost and is consistent with the intent of the Zoning Chapter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL: City Code Title 14, Chapter 6, Zoning, Article G, Office and Research Park
Zone (ORP), Section 3, Previsional Uses, is amended by adding a Subsection B as follows:
B. Utility substation facilities within a building that houses another principal use allowed in the
ORP Zone, provided the substation facility is completely enclosed and there is no visible
indication of the facility from the exterior of the building.
City Code Title 14, Chapter 6, Zoning, Article G, Office and Research Park Zone (ORP), Section 4,
Special Exceptions, is amended by adding a Subsection D as follows:
D. Utility substation facilities, according to the roquirements of Article L of this Chapter.
City Code Title 14, Chapter 6, Zoning, Article L, Provisional Uses, Special Exception, and Temporary
Uses, Section 1, Provisional Uses and Special Exceptions Enumerated: Requiroments, Subsection X,
Utility Substation Facilities, is amended by adding a paragraph 3, as follows:
3. In the ORP Zone, the Board of Adjustment may reduce the minimum lot aroa requiroment for a
utility substation facility, provided that the applicant demonstrates that the facility will be located,
screened, and landscaped in a manner that will not detract from surrounding properties or
prevent development of an attractive entranceway to an existing or future office rosearch park.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance aro hereby ropealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect affer its final passage, approval
and publication, as provided by law.
Passed and approved this day of ,2003.
MAYOR ATTEST:
CITY CLERK
Approved by
CJI7 Att~rn~y's"~Office
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roil Call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 6/24103
Voteforpassage:AYES: Kanner, Lehman, 0'Donne]I, Pfab, Vanderhoef, Wilburn,
Champion. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
City of Iowa City
MEMORANDUM
May 28, 2003
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
Re: Zoning Code Amendment Request -Utility Substation Facilities
Background
The Commission has received a request from Christopher Pose of Connolly O'Malley Lillis
Hansen & OIson LLP, legal counsel for MidAmerican Energy Company to amend the Zoning
Ordinance to allow Utility Substation Facilities as special exceptions in the Interim Development
(ID) Zone and the Office Research Park (ORP) Zone. MidAmerican Energy Company would
like to expand a legally nonconforming substation facility located at 2875 North Dubuque Road
in the Interim Development - Office Research Park Zone {ID-ORP) (See attached letter).
Currently, similar Utility Substation Facilities are allowed as special exceptions in all Commercial
Zones, except the C1-1 Zone. They are listed as provisional uses in the I-1, I-2, and C1-1 Zones.
They are not allowed in the ORP Zone, RDP Zone, ID Zone, or any residential zone.
Analysis
The ORP Zone is intended to "provide areas for the development of large office, research and
similar uses. The requirements of this zone protect uses in the Zone from adverse impact of
uses on adjacent land and protect adjacent more restrictive uses." Utility substations, if
screened and sited properly, would not be contrary to this purpose. Likewise, locating a utility
substation facility in an ID-ORP Zone would not be contrary to the purpose of the Interim
Development Zone to "provide for areas of managed growth...until such time as the City is able
to provide City services and urban development can occur." In the Code Rewrite Project, staff
is recommending a similar change to the Code allowing utility substations in the research park
zones, ORP and RDP.
Mr. Pose's request for an amendment to the ID Zone is not necessary, since in the ID-ORP
zone, ORP uses may be developed in accordance with the requirements of the ORP Zone.
Therefore, if the ORP Zone is amended, no change is necessary for the ID Zone.
A second issue that Mr. Pose brings up in his letter is the existing development standards for
the ORP Zone. The ORP Zone requires a minimum lot size of 7 acres, a 150-foot front yard,
and 100-foot side and rear yards. The large yard and lot requirements are intended to reserve
~arge parcels of land for development of research and office uses that are land-intensive and
where there is a desire to develop in a campus-like setting.
The ORP setback requirements may be excessive for Utility substations in certain
circumstances. The facility should be setback and screened in a manner that makes it
unobtrusive. Likewise, given there is little traffic or activity at a utility substation, the 7acre
minimum lot size requirement may be excessive for most utility substation facilities.
MidAmerican currently has 3.76 acres, which the applicant maintains is adequate for future
expansion. The Board of Adjustment already has the power to reduce yards in unique situations
where there is practical difficulty meeting the standards and where such a reduction will not
detract from surrounding properties. It also seems reasonable to allow the Board of Adjustment
to reduce the required lot size for utility substation facilities in the ORP zone. Nevertheless, it is
important for the Board of Adjustment to consider requests for setback and lot size reductions in
the context of the existing or intended character of the Office Research Park Zone. Maintaining
a campus-like setting, particularly near the entranceway to the office park may be important to
attract and retain large office/research firms.
Recommendation
Given that utility substations are essential services and are not considered contrary to the intent
of the ORP Zone or the ID-ORP Zone, staff recommends that the Zoning Code be amended as
follows:
· Amend 14-6G-3, Provisional Uses, adding a subsection B as follows:
B. Utility substation facilities within a building that houses another principal use allowed in
the ORP Zone, provided the substation facility is completely enclosed and there is no
visible indication of the facility from the exterior of the building.
· Amend 14-6G-4, Special Exceptions, adding a subsection D as follows:
D. Utility substation facilities, according to the requirements of Article L of this Chapter.
· Amend 14-6L-IX, Utility Substation Facilities, adding a paragraph 3, as follows:
3. In the ORP Zone, the Board of Adjustment may reduce the minimum lot size for a utility
substation facility, provided that the applicant establishes by convincing evidence that the
facility will be located, screened, and landscaped in a manner that will not detract from
surrounding properties or prevent development of an attractive entranceway to an
existing or future office research park.
Robert Miklo, Senior Planner,
Department of Plannin§ and Community Development
ATTACHMENTS:
1. Letter requesting Code Amendment
2. Preliminary site plan
CONNOLLY O'MALLEY LILLIS HANSEN OLSON LLP
ATTORNEYS AT LAW
WILLIAM J. LILLIS JOHN CONNOLkY, JR. (18191-1975)
RL/SSELL J HANSEN 300 BANK OF AMERICA BUILDING GEORGE E. O'MALLEY (1905-1982)
MICHAEL W O'MALLEY JOHN CONNOLLY III (1918-1998)
EUGENE E. OLSON 317 SIXTH AVENUE
BERNARD J. CONNOLLY (1920-1970)
STREETAR CAMERON DES MOINES, IOWA 50309 c.i. McNUTf (1901-19B8)
DANIEL L. MANNING
CHRISTOPHER R. POSE
ADAM C. VAN DIKE TELEPHONE (515) 243 -8157 ESTABLISHED IN 1917
FAX (515) 243-3919
May 21, 2003
The Honorable Chair and Members
Of the Plan and Zoning Commission
City of Iowa City
c/o Robert Miklo, Senior Planner
410 East Washington Street
Iowa City, IA 52240-1826
REQUEST FOR AMENDMENT TO THE INTERIM DEVELOPMENT (ID) AND
OFFICE RESEARCH PARK (ORP) ZONING DISTRICT REGULATIONS - UTILITY
SUBSTATION FACILITIES AS SPECIAL EXCEPTION.
Honorable Chair and Members of the Commission:
Our law firm represents MidAmerican Energy Company in presenting a request for you
to recommend amendments to the City Zoning District Classifications of Interim Development
(ID) and Office Research Park (ORP) to allow "Utility Substation Facilities" be permitted as
special exception uses in those zoning districts.
We are also requesting that any of the bulk re_gulations (such as required lot area in the ID
District of ten acres, required lot area for the ORP district of' seven acres, and front and side
required yards in the ORP district) be waived for such Utility Substation Facilities in the ID and
ORP districts.
The reason for the request is due to MidAmerican Energy Company's plans for
reconstruction and expansion of its Substation G. This substation is located at 2875 North
Dubuque Road, in the northeast part of the city in the vicinity of Interstate 80 and Scott
Boulevard. MidAmerican Energy Company owns a 3.76 acre tract of land on which the
substation is located and the proposed substation improvements can also be located within this
tract. The original substation was built in 1972 and received approval from the City Board of
Adjustment to allow for its construction as a special exception in its then Agricultural District
Zoning Classification.
CONNOLLY O'MALLEY LILLIS HANSEN & OLSON LLP
May 21, 2003
Page 2
Some time subsequent to the initial construction, the property was rezoned to an ID-ORP
District Classification. Neither the ID District nor the ORP District permits utility substation
facilities to be located therein.
Recent demands and projected growth in this area of the conununity have indicated to
MidAmerican Energy Company that reconstruction and expansion of this substation should be
completed. Such reconstruction and expansion can be completed entirely within the existing
tract of land that MidAmerican Energy Company owns; however, permission to do so within
your zoning ordinance must be obtained.
MidAmerican Energy Company is requesting this matter be expedited for consideration
so that they may complete the ordinance amendments; proceed to the Zoning Board of
Adjustment, and begin construction during the Autumn of 2003.
We request that you set this matter for consideration June 5, 2003, and you hold hearing
to make recommendation to the City Council on June 19, 2003.
We will be asking the City Council to set public hearing on this matter for Jtme 24th at
their meeting of July 10, 2003.
We will be present at your meetings to answer any questions you may have with regard to
this request.
Thank you for your consideration.
Sincerely,
Christopher R. Pose
For the Firm
CRP:cs
cc: Terry R. Fox
Steve Haacke
Doug Thomer
CONNOLLY O'MALLEY LILLIS HANSEN OLSON LLP
ATTORNEYS AT LAW
WILLIAM J. LILMS JOHN CON NOLLY~ JR. ( 1891 -
STR E ETAR C. AM ERON Dr~ MO~.~, Iov~A 50309 c. [. McN u"rT ( ! 90 I
ADAM C. VAN DIKE TELEPHONE (515) 243-8157 ESTABLISHED IN 1917
F~xx (515) 243-3919
www.connollylawfirm~ com
Writer's Direct E-Mail: cpose~,,connoll¥1awfirm.com
June 10, 2003
VIA FAX TO {319) 356-5009 AND U.S. MAIL
Honorable Mayor Ernest W. Lehman and
Members of the Iowa City City Council
~ -
410 East Washington Street
Iowa City, IA 52240-1826
Re: Request for Ordinance Amendments to ORP Zoning District-
MidAmerican Energy Company Request for Expedited
Consideration -Meeting of June 24, 2003
Honorable Mayor and Council Members:
Our law finn represents MidAmerican Energy Company in presenting to you a request to
amend the provisions of the ORP Zoning District to allow Utility Substation Facilities to be
permitted as Special Exception Uses.
This matter is scheduled for public hearing before the Council on June 24, 2003 and is
accompanied with recommendations of approval from your staff and your Planning and Zoning
Commission.
We are hopeful you will act favorably upon our request and, in addition, grant us the courtesy
of expedited approval of the amendments. If possible, we ask that you consider taking first reading
of the ordinance amendments and waive the remaining required readings immediately following the
public heating on June 24~.
The reason for the request and expedited approval is due to MidAmerican Energy Company's
plans for reconstruction and expansion of its existing Substation G, located at 2875 North Dubuque
Road. The substation was built in 1972 upon approval from the Board of Adjustment. Sometime
after 1972, the substation property was rezoned to an ID-ORP Zoning District Classification and
CONNOLLY O'MALLEY LILLIS HANSEN & OLSON LLP
June 10, 2003
Page 2
substations are currently not a permitted use in either the ID or ORP districts.
In short, the proposed ordinance amendments are needed to enable our client to ask your
Board of Adjustment for permission to complete its plans for reconstruction.
MidAmerican Energy Company desires to commence its construction early this fall. Time
is short for completing the construction permitting process, as the Board of Adjustment approval
process will also need to be completed this summer to maintain the construction schedule.
I will be present at the meeting of June 24~ to answer any questions you may have regarding
these requests.
Thank you for your consideration.
Sincerely,
Christopher R. Pose
For the Firm
CRP:cs
cc: Terry R. Fox (via email)
Steve Haacke
Douglas C. Thomer
Bob Miklo (via fax)
Prepared by: Robert Miklo, Sr. Planner, 4'10 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ02-00024/SUB02-00027)
ORDINANCE NO. 03-4087
(~)RDINANCE AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-5) PLAN
FOR THE PENINSULA NEIGHBORHOOD BY AMENDING THE PENINSULA NEIGHBORHOOD CODE
AND REGULATING PLAN.
WHEREAS, by Ordinance No. 01-3958 the city adopted a Conditional Zoning Agreement and
Preliminary Sensitive Areas Development Plan for the Peninsula Neighborhood; and
WHEREAS, the Sensitive Areas Development Plan included the Peninsula Neighborhood Code and
Regulating Plan which specifies building placement requirements for the Peninsula Neighborhood; and
WHEREAS, The developer has requested amendments to the Planned Development Housing
Overlay (OPDH) Plan and Regulating Plan for the Peninsula Neighborhood to designate revised locations
for Single-Family houses, Rowhouses, Townhouses, and Small Apartment Buildings and to amend the
language in the Peninsula Development Code.
WHEREAS, the Planning and Zoning Commission has reviewed the revised Peninsula Neighborhood
Code and Regulating Plan and Planned Developrrient Housing Over~ay Plan and has recommended
approval
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
~. The revised Planned Development Housing Overlay Plan is hereby adopted
for the property described below:
That part of Auditor's Parcel No. 95080 and all of Auditor's Parcel No. 97099, Iowa City, Johnson
County, Iowa described as follows: Commencing as a point of reference at the South quarter-corner of
Section 4, Township 79 North, Range 6 West of the 5th P.M.; thence North 1°39'04" West 1317.54 feet
along the East line of the Southwest Quarter of said Section 4 (assumed bearing for this description only);
thence South 89°43'51" West 563.04 feet along the South line of Government Lot 5 of said Section 4, to a
Northeasterly comer of said Auditor's Parcel No. 97099 and the point of beginning; thence South 0°16'09''
East 159.36 feet along an Easterly line of said Auditor's Parcel No. 97099; thence South 45057'40" West
191.63 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 85°52'55'. West
170.28 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 42°17'10" West
607.44 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 81°42'52" West
978.15 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence North 49°44'00" West
704.00 feet; thence North 15°34'30.' West 615.50 feet; thence North 1°14'00" West 372.58 feet; Thence
North 8°12'00" East 329.35 feet to a point of intersection with the Easterly bank of the Iowa River and a
Westerly line of said Auditor's Parcel No. 95080; thence North 57°04'00" East 772.76 along a
Northwesterly line of said Auditor's Parcel No. 95080; thence South 65°32'14.' East 972.25 feet along a
Northeasterly line of said Auditor's Parcel No. 95080; thence North 76°18'18" East 468.47 feet along a
Northerly line of said Auditor's Parcel No. 95080; thence South 1°39'04" East 981,65 feet along an
Easterly line of said Auditor's Parcel No. 95080 and an Easterly line of said Auditor's Parcel No. 97099;
thence North 89°43'51" East 330.00 feet along a Northerly line of said Auditor's Parcel No. 97099 to the
point of beginning and containing an area of 82,1 acres more or less.
SECTION II. ADOPTION OF SENSITIVE AREA~ DF-'VELOPMENT 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. 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 IV CERTIFICATION AND RECORDING The City Clerk is hereby authorized and directed to
certify a copy of this ordinance, a copy of the revised Preliminary OPDH Plan, and a copy of the revised
Peninsula Development Code, and revised Regulating Plan and record the same in the Office of the County
Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication
of this ordinance, as provided by law.
Ordinance No. 03-4087
Page 2
~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whoIe or any
section, provision or pad thereof not adjudged invalid or unconstitutional
SECTION VII. EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and appmvedthis24th dayof June ,20 03 .
A'Iq'EST~
Approved by
Ordinance No. 03-4087
Page 3
It was moved by Wi 1 burn and seconded by Vanderhoef 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 6/23/03
Voteforpassage: AYES: Vanderhoef, Nilburn, Champion, Kanner, Lehman, 0'Donne11,
Pfab. NAYS: None. ABSENT: None.
Second Consideration .....................
Vote for passage:
Date published 7/2/03
Moved by,Wilburn, seconded by Vanderhoef, 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. AYES: Pfab,
Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. NAYS: Kanner. ABSENT: None.
Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ03-00012)
AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 1.1 ACRES
FROM CB-2, CENTRAL BUSINESS DISTRICT SERVICE, TO PRM, PLANNED HIGH DENSITY
RESIDENTIAL, FOR PROPERTY LOCATED ON THE EAST SIDE OF SOUTH DUBUQUE
STREET SOUTH OF COURT STREET.
WHEREAS, the applicant, James Clark, has requested that said property be rezoned from CB-2,
Central Business District Service, to PRM, Planned High Density Residential; and
WHEREAS, the proposed zoning change conforms with the Near Southside Neighborhood
Redevelopment Plan; and
WHEREAS, the proposed rezoning is located adjacent to an existing Planned High Density
Residential zone; and
WHEREAS, at its May 1, 2003 meeting, the Planning and Zoning Commission recommended
approval of the proposed rezoning.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. 1.The property described below is hereby reclassified from its present
classification of CB-2, Central Business District Service, to PRM, Planned High Density Residential.
County Seat Addition, Block 1, Lots 5, 6, 7, and 8.
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 day of ,2003.
MAYOR
ATTEST:
CITY CLERK
Approved, by
City A~o~f'e~'"Off~e --
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as mad be adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 6/24/03
Voteforpassage: AYES: 0'Donne]I, Pfab, Vanderhoef, Nilburn, Champion, Lehman,
NAYS: Kanner. ABSENT: None.
Second Consideration
Vote for passage:
Date published
HOLLAND & ANDERSON LLP
Attorneys at Law
C. Joseph Holland Suite 300 Brewery Square Lars G. Anderson
jholland@icialaw.com North Limn Street landerson@icialaw.com
P.O. BOX 2820
Iowa City, Iowa 52244
319-354-0331
319-354-0559 (fax}
Ernie Lehman
Mayor of City of Iowa City ~
Civic Center .
410 E. Washington 3~ --
Iowa City, IA 52240-1826
BE: South Dubuque Street rezoning
Dear Ernie:
As you recall, I appeared at the June 10 City Council meeting
in support of an application to rezone the east side of the 400
block of S. Dubuque Street from CB-2 to PRM. At that meeting there
was some confusion over the current use which could be made of the
property, i.e. whether the entire building has to be elderly
housing.
When I was in front of the Council I reiterated what has been
the consistent City position for nineteen years, i.e. that the
entire building has to be elderly housing, or the first floor has
to be a commercial use which would then allow mixed residential
housing above the first floor. The Council has apparently been
told on Monday evening that only the first floor had to be elderly
and the upper stories could be mixed housing. I obtained a copy of
the tape of the Monday night meeting and discovered that was in
fact what the Council was told.
That information is inaccurate. I am enclosing a copy of a
letter from Sarah Holocek confirming that my understanding is
correct and that the Council was misadvised on Monday evening.
In reviewing the tape of the June 9 work session I also heard
what I believe is another item of inaccurate information provided
to the Council. This deals with the parking impact fee. The
Council was essentially advised that this amounted to the property
owner purchasing permits in a ramp for use by building occupants.
I do not believe that is a correct understanding of the City
ordinance.
Section 14-9A-6(A) states that anyone who seeks to develop
property in the Near Southside Parking Facility District by
applying for an occupancy permit for a residential use ~is thereby
required to pay a proportionate share of the Improvement costs
necessary to meet the additional off-street parking needs. ."
The only ambiguity in this is whether a change from elderly
housing to a mixed-use building would be within the definition of
"seeks to develop land." That may be the case if the building
became a mixed-use building.
My purpose in writing to you is to ask for your indulgence to
address the Council on these two items at the June 24 meeting. The
public hearing was closed at the June 10 meeting and there is no
right to address the Council, but I am hopeful that you would allow
me to do so.
Whatever the decision of the Council upon this rezoning
application, it should be based upon a correct understanding of the
law and the circumstances of the affected properties. It is my
hope to help provide that.
Very truly yours,
CJH:ses ~
Enc.
cc: Jim Clark
June 11, 2003
Mr. C. Joseph Holland
P.O. Box 2820
Iowa City, IA 52245
FAX 354-0559
Re: 400 S. Dubuque Street
Dear Joe:
Eleanor asked that I write to you and confirm tha~ your understanding regarding the use of the
Clark property at 400 S. Dubuque Street as noted during Tuesday night's City Council meeting
was correct. As long as the property at 400 S. Dubuque Street remains zoned CB-2, it cannot
be converted to a mixed-use, elderly and residential apartment building.
If you have any questions, please feel free to contact me.
0¢: Doug Boothroy j~ ~ ~']
Bob Miklo ~-~ ~
Eleanor M. Dilkes ~ ~
410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 ' {319) 356-5000 - FAX (319) 356-5009
14-9A-4 14-9A-7
Southside Parking Facility District. Where 14-9A-6: IMPLEMENTATION OF FEE:
the provisions hereof are in conflict with
those of the Iowa City Zoning Ordinance, or A. Any person who, after the effective
in conflict with the Near Southside Neigh- date hereof, seeks to develop land
borhood Redevelopment Plan, as amended, within the Near Southside Parking
the provisions hereof shall prevail. (Ord. Facility District by applying for an
97-3806, 9-23-1997) occupancy permit for a residential use
is deemed to have created a need and
demand for additional off-street park-
14-9A-5: DEFINITIONS: As used in this lng in the Near Southside Parking Fa-
Article, the following definitions cility District, and is thereby required
shall apply: to pay a proportionate share of the
capital improvement costs necessary
CAPITAL IMPROVEMENT COST: Includes to meet the additional off-street park-
costs of design, engineering, necessary lng needs and demands created by
consultants, construction, financing of a such development by contributing a
capital improvement including debt service, proportional share of the costs of a
land acquisition, site improvements, and City parking facility, which share shall
buildings and equipment necessary for a be a "parking facility impact fee' to be
City off-street parking facility, but excludes paid in the manner and amount set
maintenance and operation of such facility, forth in this Article.
CITY PARKING FACILITY: A ramp, surface B. No new occupancy permit for a resi-
lot or combination thereof designed to ac- dential use requiring the payment of
commodate the off-street parking of motor an impact fee pursuant to this Article
vehicles as a capital improvement, shall be issued unless and until the
parking facility impact fee hereby
NEAR SOUTHSIDE PARKING FACILITY required has been paid in accordance
DISTRICT: That area of Iowa City bounded with Section 14-9A-8, Payment of
by Burlington Street on the north, Gilbert Fee. (Ord. 97-3806, 9-23-1997)
Street on the east, the Iowa Interstate Rail-
way Main Line on the south and Madison
Street on the west, except for Blocks 10 14-9A-7: COMPUTATION OF FEE
and 21 of County Seat Addition; Lots 5 and AMOUNT:
6 of Block 13, County Seat Addition; Lots 3,
4, 5, the east 50 feet of Lot 6, and the A. Cost Estimates: The parking facility
south 40 feet of Lot 2, Block 11, County impact fee imposed by this Article is
Seat Addition; and Lots 10-15, Lyon's First based on current best estimates of the
Addition. capital improvement costs of the con-
struction of a parking facility or facili-
RESIDENTIAL FEE PAYOR: A person ties in the Near Southside Parking
applying for the issuance of an occupancy Facility District. Based on 1992
permit for residential development in the architects' estimates of construction
Near Southside Parking Facility District. costs of ten thousand dollars
(Ord. 97-3806, 9-23-1997) ($10,000.00) per parking space con-
structed and land costs ~apprc~-
Iowa City ~ ~
Marian Karr
From: Patricia Ephgrave [pnephgrave(~mchsi.com]
Sent: Monday, June 23, 2003 4:08 PM
Cc: council@iowa-city.org
Subject: Zone change
Dear Members of the Council:
The building at the corner of Dubuque and Court has been a residence
for seniors and is now being considered for a zoning change to allow
students to live in it.. It is important to the vitality of Iowa City's
downtown to be easily accessible to all age groups of its citizens.
Unfortunately, it does not work to have them mixed in the same
facility. So I urge you to keep the zoning as is so that seniors can
comfortably remain there. The owner, I believe, received special
benefits for having seniors live there; it is not ethical to take the
benefits and then abandon the responsibility of haousing seniors.
Sincerely yours,
Patricia N. Ephgrave
City of Iowa City
MEMORANDUM
Date: June 24, 2003
To:
City
Council
From: Karin Franklin, Director, PCD:?'"~'~(''VV~ ~'-~
Re: Market Rents
In response to Councilor Kanner's request, the following information is provided
regarding rents for apartments in Iowa City. Annually, we are provided with a
table of fair market rents by HUD for use in our CDBG and HOME housing
projects. The latest figures provided effective October 2002 are $362/mo.--
efficiency; $398/mo.--one bedroom; $516/mo.--two bedroom; and $723/mo.-
three bedroom. These rates are with the utility allowance deducted. New rates
will be received Oct. 1,2003.
In the most recent study completed by Cook Appraisal that we have (dated
9/13/99), the average rent for apartments in the downtown area was $441.62-
one bedroom; $585.92--two bedroom; and $803.21--three bedroom. This study
is obviously out-of-date. The study is based on actual rents at the time the study
was done.
Cc City Manager
Heritage Jvlanor Rrewsletter
Summer · 2002 ~Ta~
400 South Dubuque Richard Twohy * Res. Mgr.
Iowa Cily IA 52240 Unit 1416 * 319-337-9011
WELCOME our newest neighbors! IVIarie Werderman (1422), Ben Rowold (1433), Bonnie
and Kawal Singh (1415), Margaret Goodrid (1413), and (next week), Maxine Simon (1439).
We are so glad you're here! We look forward to a long, satisfied tenure with each of you.
VALEDICTION .And a soft goodbye, to Elizabeth "Bess" Barrie, and to Mary Russell.
1 tappy for good memories, we wish you, each, an easy landing at your new households.
And, you're invited to the very next "potluck" at Heritage ...if we ever get it organized!
INTRODUCTIONS ·Have you had a chance to meet Roger Mills? He's been around
these halls awhile, helping keep the open areas in our building clear, clean, presentable.
Nothing is forever, but we've been lucky to have Roger looking after us every Tuesday,
Thursday, and Saturday since last October. If you'd like to meet him and haven't yet, you
could always make an "appointment" to see Roger, playing l'ds violin at Clapp Hall or at
t land,er with the University's String Ensemble. Whatta guy. Thank you every day, 1LM.
DO KEYS... GROW ON TREES ?? oI have 2 sets of keys - found in garage. This repeats
my prior note, since one set has been here for quite a while. Call me; identify, and recover!
SNAIL-MAIL... is GOIN' UP: ·As of July 1, that first ounce of postage will cost 37 cents.
WE'RE HOME. °Please, after laundering... CLEAN YOUR OWN "DRYER-SCREEN".
One way or another, it's got to be done before the next dryer-load! We honor each other,
by leaving a Clean Machine for the next tenant. Thank you very much, for this kindness.
FAIR WARNING: You might lose some property, without intending to! Downstairs, in
the Storage Room, the "sorting shelf" has recently been un-usable for that purpose - from
the presence of numerous objects "in the way." These include an infant-car seat, boxes, &
various household items. On July 1, items on this shelf will all be removed. Don't wait!
DID YOU KNOW? ·You can bring your rent check to me on or before the Ut, each month.
Put your check in the basket at my door, Unit 1416 (1~t floor). And save 37 cents right there!
· Check out our Community Room - located right next to the l~t-floor elevator, available
all the time, to every tenant and our guests. It's nicely stocked with books, magazines --
even a refrigerator; and an adjoining batlu-oom. Every Christmas, this room is beautifully
decorated by Maymie Schmidt, with help from Gertrude Kemp and Bernie Lancial. Enjoy!
"FIX - IT' ITEMS to consider in your unit: ·the Filter-Screens in your (3) water outlets:
kitchen sink, bathroom sink, and shower? Your water should come out strong and evenly-
distributed. If it seems clogged, maybe it is! Usual cause, built-up over time: limestone -
the same stuff adhering to the tub (that takes a Hercules to hard-wipe away!) I have fixed
these filter-screens in 2 apartments (at tenm~t request), and am thinking there's a bunch
more that need some help. How is YOURS working? We'll get replacement screens if ya
need them.., but I won't know unless you say so. oAlso... I can replace light bulbs (only
in building-installed fixtures). You do need to ask. · Emergency Lights: It's worth noting
that every milt has (2) "alarm-pulls", on the wall in Master Bedroom and bathroom. The
pull-cord is attached to an ordinary-looking wall switch -- that belongs in the "up"(off-
~ferita[te 9qano~' 9Vews£etter Summe~', 2002 ~e 2
posi~on). In case of emergent, you ~ust grab that cord and pull down. Tl~s activates
~e light ~ the h~lway-fixture above your en~ door.
*It's amazing how effec6ve t~s simple device really is} ~ a ~ribute to the
tree sense of commu~ we share at Heritage. I know, from experience,
hayer accidentally left mine "on' one eyeing: Witl~n 5 minutes of each
other, 2 tenants came bangh~g on my door ~ and one tenant phoned me}
It doesn't work so well, ff the switch or light bulb is off-du~. By mere chance, I happened
to check the alarm for a 3~d~floor tenet ~ ~d ~ound the switch defecfivel In August, I'm
~ng to visit each u~t ~d m~e s~e yo~ Alarm Ligh~ is worker properly. Can we do
tl~s ~1 in one day? Suggestion: Sund~y. Aug. 4 - Noon ~o 3 pm. Lefs put it on calendar.
Air Conditioner: Each ~t has ~ust one. Remember last sunmmr? ~e building's power
went out during fl~at big storm. ~en it was over, sever~ air conditionem just s~ayed
"off'~ ...and had to be removed, fixed, replaced. You have to ad~, ~ese ~ts have
served well over ~he last 18 yearn. More r~enfly, several residen~ ~ve inquired whe~er
fl~e ownem ~ght i~tall a newer, more "ener~-effident' AC ~ for possibly a sig~cm~
savings on their s~erfime elec~c bill. I don't ~ow the right ~wer on t~s, but have
pro~sed ~o bring it up for Managemenfs study/consideration.
GROCERY CART... at our ground-floor garage ent~. T~ has b~n like a g~t direr fi'om
the L~e Force ~ for wl~ch we owe a heartfelt "Th~nks? (or some shopping-patronage?)
~o Eagle M~rke~ on ~mrch S~reet at Dodge. ~ey brought it over on lear~ng our new cart
had been stolen. ( Didn't even wai~ for Management to buy us a new one~ Bu~, no problem:
i~ fits the requffement ~us~ right. ) Kudos to o~ though~l neighbor MARIE MATHES,
who sidled up to EAGLE MARKET's Manager, and w~spered the ~ght Stuff in ~s ear.
THIS SPACE FOR YOUR MESSAGE: Do you have interesting news, a great recipe, an
ex~a-~n Joke just wai~ng to be shared? S~ibble it down ~ and pop your contribution
h~to fl~e a~-pu~ose B~ket on the door of U~fit 1416. Ifll show up in the ve~ next issue.
I
As always, ff y~ have quaffs, complmts, a w~d of ~se... N~ he~tate to c~tact
yo~ on-site Resident Manager ~ ~nd deliver i~ me s~ight. I c~ ~e it~} Your concerns
~tl be he~d; your ad,ce is in~ed. A~ He~age Manor, we tl~ve on keeping each off,er
welcomed, respected, and sa~e. YOu ~ow my U~ No: 1416. Telephone: 337-9011.
Sincerely,
chard J. Twohy
RENT COMPARISON
Heritage Manor 400 S. Dubuque
$670 one bedroom (636 sq. foot)
$790 two bedroom (964 sq. foot)
Heat and water are included, garage included.
Every unit has a balcony
Vogel House (furnished efficiencies)
$900 per month
$1200 per month with balcony
Whiteway 475 sq. foot efficiency
$665 plus utilities
600 sq. foot efficiency with balcony
$875 plus utilities
332 S Linn (one block away)
one bedroom $800-30 water paid, garage extra
two bedroom $910-1100 water paid, garage extra
extra person $85 mo.
307-321 S Linn (one block away)
one bedroom $700-715 water paid, garage extra ($75 mo.)
extra person $85 mo.
Plaza Towers (pre-construction)
550 sq. foot $935 - 1120
1100 sq. foot $1870 - 2340
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ03-00010)
ORDINANCE NO. 03-4088
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 Overlay 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:
~,~~,L. 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" VV - 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" VV - 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 corner 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 00027'24'' 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 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 with cap #8295;
Ordinance No. 03-4088
Page 2
thence S 37°00'17" E - 51.29 feet along said west line to the NW corner 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.
SEC. TION II ADOPTION OF ~ENSITIVI:: AREA~ DEVELOPMFNT 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.
SFC. TION 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
SF:C;.TIC)N V ~FRTIFI~ATION 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.
SECTION VI RFPEA| ER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SFC. TIC)N VII SEVERARILITY. 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 part thereof not adjudged invalid or unconstitutional.
SECTION VIII FFFFCTIVF DATE This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 24thdayof ,.lune ,20 03 .
Approved by
City A{t~'m~y's tD'ffice
ppdadm/ord/1515ndubuque-mz~dec
Ordinance No. 03-4088
Page 3
It was moved by Champion and seconded by 0' Donnell 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 6/10/03
Voteforpassage:AYES: O'Donnell, Pfab, V~nderhoef, Wilburn, Champion, Kanner,
Lehman. NAYS: None. ABSENT: None.
Second ConsideraUon 6/23/03
Voteforpa$$age:AYES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Vanderhoef.
NAYS: Pfab. ABSENT: None.
Date published 7/2/03
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 AREAS 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 pads 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 not adjudged invalid or unconstitutional.
.gECTION VIII EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
SECTION IX EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20
MAYOR
ATTEST:
CITY CLERK
Approved by
City A~o~s Office's)
ppdadm/ord/1515ndubuque-rez.doc
Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ03~)0014/SUB03q)0013)
0rdinance [to, 03-4089
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 Nodheast 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'll'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 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 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 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.
., 2003.
ClTY'Cf_ERK
Approved by
' city A~orn6f~'s Of~ -
Ordinance No. 03-4089
Page, 2
It was moved by Vanderhoef and seconded by Pfab 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 6/10/03
Voteforpassage: AYES: Pfab, Vanderhoef, Ni]burn, Champion, Kanner, Lehman,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration 6/23/03
Voteforpassage-AYES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Date published 7/2/03
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ01-00013)
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 6.1 ACRES FROM
COUNTY RS, SUBURBAN RESIDENTIAL, TO C11, INTENSIVE COMMERCIAL, FOR PROPERTY
LOCATED WEST OF DANE ROAD, EAST OF MORMON TREK BOULEVARD EXTENDED.
WHEREAS, (Harold) John Dane has applied for the annexation and rezoning of approximately 6.1 acres of
property from County RS, Suburban Residential, to CI1, Intensive Commercial; and
WHEREAS, this property has been identified by the City as appropriate for commercial development; and
WHEREAS, the extension of Mormon Trek Boulevard, planned for construction in 2003, will provide the
urban infrastructure to support commercial development.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA:
,S~G~I(~L~EE~L. The property legally described below is hereby redesignated from RS, Suburban
Residential, to CI1, Intensive Commercial:
In Section 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Part DESC as APCY2 in Bk 871
PG 204; AND EXC that part lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Runway;
Said parcel is also identified as Johnson County Parcel #1020176009.
SECTION II 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. The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of
Johnson County, iowa, upon final passage and publication as provided by law
SECTION IV RFPFAI FR A~I 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.
SFC. TION VI FFFFCTIVF 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 Attorney's Office
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as mad be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 5/20/03
Voteforpassage:AYES: Vanderhoef, ~l'i]burn, Champion, Kanner, Lehman, 0'Donnell,
Pfab. NAYS: None. ABSENT: None.
Second Consideration 6/10/03
Voteforpassage:AYES: V'ander'hoef, ~/i'lburn, Champion, Kanner, Lehman, 0'Donne]I,
Pfab. ABSENTf None.
Date published
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ03-00013) ",J
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144 ACRES FROM
COUNTY CH, C2, R1A, RS, AND A1 TO P~ PUBLIC; C1-1% HIGHWAY COMMERCIAL; C1-1, INTENSIVE
COMMERCIAl_; AND IDRS, INTERIM DEVELOPMENT RESIDENTIAL, FOR PROPERTY GENERAI_LY
LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND
SOUTH OF HIGHWAY 1.
WHEREAS, the City is coordinating and initiating the rezoning of approximately 144 acres of land in
conjunction with the annexation of said properties;
WHEREAS, the City consulted the Southwest District Plan and South Central District Plan, which are pad 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 pdvate 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 privately-owned properties on the north side of Highway 1 being annexed, legally described as
follows, are hereby redesignated from County CH, Highway Commercial, to 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 E~ NE, N ALONG SAID W LINE TO
POINT N 54° W TO BEG, identified as Johnson County, Iowa parcel #1020105002; and
COM 300' S OF NE COR 20-79-6 S 89° W 25.5', S 35° W 893.31' TO POG, THENCE S 35° W 106.64',
S 45° W 196.67', N 54° W TO W LINE E% NE, N ALONG SAID W LINE TO PT N 54° W OF BEG., S 54° E
TO BEG, identified as Johnson County, Iowa parcel #1020105001.
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 54°, W TO W LINE E % NE, N ALONG W LINE TO POINT N 54° W OF BEG., S 540 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 5t~ 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 centedine of Primary Road No. 1; thence S35~'30 %'W, 1838.6 ft. along said
centedine and centerline tangent; thence N54°29 %'W, 101.3 ft. to the Point of Beginning; thence continuing
Ordinance No.
Page 2
N54°29 %'W, 231.0 ft. to a point on the west line of the E % NE % of said Section 20; thence S0°27 ~'W,
328.7 fl. along said west line; thence N44°26 %'E, 272.4 ft. to the Point of Beginning; containing 0.71 acre
(31,088 sq. ft.), more or less.
That part of the E 1/2 of the NE 1/4 of Section 20, Township 79 North, Range 6 West, lying northwesterly
of the original State Highway No. 1, southeasterly of the present State Highway No. 1, and southwesterly of
the county road (Dane Road), in Johnson County, Iowa, described as follows:
Commencing at the NE corner of said Section 20; thence S 01044'47" W (S 01045, W record) along the
East line of said NE 1/4 and along the centerline of said original State Highway No. 1 a distance of 1136.58
feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave westerly;
thence southerly along said curve and said centerline 164.80 feet to the intersection with the centerline of the
county road (Dane Road) and the point of beginning; thence continuing along said curve and said centerline
of Original Iowa State Highway No. 1 in a southwesterly direction 463.03 feet; thence S 64o31'47" W along
said centerline 604.34 feet to a point on the southeasterly right-of-way line of present Iowa State Highway No.
1; thence N 10o26'45" E along said right-of-way line 112.47 feet (113.0 feet record); thence N 38007'45'' E
along said right-of-way line 199.94 feet (200.1 feet record); thence N 41o36'00" E along said right-of-way line
351.41 feet (351.3 feet record); thence N 36042'20" E along said right-of-way line 49.93 feet (50.0 feet
record); thence N 28055'53" E along said right-of-way line 111.07 feet (111.0 feet record); thence N 58o00'48"
E along said right-of-way line 96.64 feet (96.6 feet record); thence N 36o42'10" E along said right-of-way line
168.10 feet to a point on the southwesterly right-of-way line of Dane Road; thence N 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 01o44'47" W. The above described parcel is the
same parcel as described in the special warranty deed to trust as recorded in Book 2244, Page 116 in the
Johnson County Recorder's Office. and
That part of a pamel of land described in Book 1908, Page 205, in the Office of the Johnson County
Recorder, in the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6
West of the 5th Principal Meridian in Johnson County, Iowa, described as follows:
Commencing at the southwest corner of said Southeast Quarter of the Northeast Quarter; thence South
88o34'01" East along the south line of said Southeast Quarter of the Northeast Quarter 194.00 feet to the
southeast corner of said parcel; thence North 04004'00" East along the east line of said pamel 159.18 feet to
the point of beginning; thence North 48ol 8'05" West 210.60 feet to the southeasterly right 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 comer of said Southeast Quarter of the Northeast Quarter; thence North 88o34'01" West along the
south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast corner of a
parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence NorLh
04°04'00'' East (North 02050' East record) along the east line of said parcel 158.70 feet to a point on the
southwesterly right-of-way line of proposed Mormon Trek Boulevard and a non-tangent curve to the right, said
curve having a radius of 940.00 feet, concave southwesterly; thence southeasterly along said curve and said
southwesterly right-of-way line 109.68 feet through a central angle of 06°41'08" and having a chord bearing
South 43019'05.. East 109.92 feet to the point of beginning; thence North 62027'56" East 30.54 feet; thence
South 48027'49" West 29.86 feet to the beginning of a non-tangent curve to the right, said curve having a
radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly
right-of-way of proposed Mormon Trek Boulevard 7.39 feet through a central angle of 00o27'02" and having a
chord bearing North 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 Nodh, Range 6
West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the
southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01o44'47'' East (North
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 pamel 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 North 44046'50'' East along said
right-of-way line 385.18 feet (North 43°33' East 389.1 feet record) to the centerline of odginal Iowa State
Highway Number 1; thence North 64031'47" East (North 64o32' 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 pamel 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 88°15'13" West along said right-of-way line 97.71 feet; thence North 62027'56" East 92.39 feet to a
point on said west line; thence South 19o00'13" East along said west line 48.32 feet to the point of beginning.
and
That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6
West of the 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 pamel 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 beadng North 44°28'43'' West 71.58 feet to the point of beginning.
That part of the West % of the NW % of Section 21, Township 79 North, Range 6 West, Johnson County,
Iowa, described as follows:
Commencing at the NW corner of said Section 21; thence $ 01o45' W along the West line of said NW %
a distance of 743.0 feet to the point of beginning; thence continuing S 01045' W along said West line 1571.3
feet; thence N 71o00' E parallel with and 625.0 feet from the centerline extension of Runway 24-6 of the Iowa
City Airport 1408.6 feet to the East line of said W % of the NW %; thence N 01o49, E along said East line
1267.8 feet, thence S 71o00' W parallel with and 560.0 feet from said centerline extension of Runway 24-6 a
distance of 890.8 feet; thence N 74°22, W 500.4 feet to the point of beginning. Containing 40.04 acres, more
or less. Subject to the county road and easements of record. For the purpose of this description, the West
line of the NW ¼ is assumed to bear S 01o45' W. and
That part of the SE ~ of the NE % of Section 20, Township 79 North, Range 6 West, lying South of the
original State Highway No. 1, in Johnson County, Iowa, described as follows:
Commencing at the NE corner of said Section 20, thence S 01045, W along the East line of said NE % a
distance of 1327.4 feet to the NE corner of said SE % of the NE %; said corner being the point of beginning;
thence continuing S 01045' W along said East line 954.6 feet; thence S 63°52'30" W 298.8 feet; thence N
19o00' W 715.7 feet to the centerline of the original State Highway No. 1; thence N 64032, E along said
centerline 232.6' to the beginning of a tangent curve to the left; said curve having a radius of 572.96 feet;
thence northeasterly along said curve on said centerline 432.4 feet through a central angle of 43o14'10" to a
point on the North line of said SE ¼ of the NE %; thence S 89o45' E 33.0 feet to the point of beginning.
Containing 7.59 acres, more or less. Subject to the county road and easements of record. For the purpose of
this description, the East line of the NE ¼ is assumed to bear S 01045' W.
and
Ordinance No.
Page 4
That part of the NE ¼ of the NE ¼ of Section 20, Township 79 North, Range 6 West, lying southeasterly
of present State Highway No. 1, westedy of the original State Highway No. 1, and northeasterly of the county
road, in Johnson County, Iowa, described as follows:
Commencing at the NE corner of said Section 20; thence S 01°45, W along the East line of said NE ¼ a
distance of 743.0 feet to a point on the southeasterly right-of-way line of present State Highway No. 1; thence
S 38004, W along said right-of-way line 261.5 feet; thence $ 24o59'30" E along said right-of-way line 102.0
feet; thence N 36o18' W along said right-of-way line 87.3 feet; thence S 11°59' W along said right-of-way line
67.0 feet to a point on the centerline of the county road; thence S 36018. E along said centerline 85.9 feet to
the beginning of a tangent curve to the right; said curve having a radius of 572.96 feet; thence southeasterly
along said curve on said centerline 215.1 feet through a central angle of 21o30'50" to a point on the centerline
curve of said original State Highway No. 1; said curves not being tangent; thence northerly along the second
curve 165.4 feet on the center line of said original State Highway No. 1, said second curve having a chord
bearing N 10o01, E, a radius of 572.96 feet, and concave Westerly, through a central angle of 16o32'15" to
the point of tangency on the said East line of the NE %; thence N 01045, E along said East line on said center
line of original State Highway No. 1 a distance of 393.6 feet to the point of beginning. Containing 1.18 acres,
more or less. Subject to the county road and easements of record. For the purpose of this description, the
East line of the NE % is assumed to bear S 01o45' W. and
That part of the SE ¼ of the NW % of Section 21, Township 79 North, Range 6 West, Johnson County,
Iowa, described as follows:
Commencing at the NW corner of said Section 21; thence N 89055'30" E along the North line of said NW
% a distance of 1320.2 feet to the NE comer of the NW % of said NW ¼; thence S 01049, W along the East
line of said NW % of the NW % a distance of 1334.8 feet to the NW corner of said SE % of the NW ~, said
corner being the point of beginning; thence S 89045' E along the North Line of said SE ~ of the NW % a
distance of 248.0 feet; thence S 55011, E 703.6 feet; thence N 82o05'30"W 356.7 feet; thence S 71000, W
parallel with and 625.0 feet from the centerline extension of Runway 24-6 of the Iowa City Airport 517.1 feet
to the West line of said SE % of the NW ~; thence N 01049, E along said West line 522.4 feet to the point of
beginning. Containing 5.20 acres, more or less. Subject to easements of record. For the purpose of this
description, the North line of the NW % is assumed to bear N 89°55'30' E.
C. Subject to the terms and conditions of a conditional zoning agreement, attached hereto and
incorporated by reference heroin, 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 0o E 258.0', ALONG
EAST LINE TO SOUTH LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF
BEG, which is .51 acres, more or less, identified as Johnson County, Iowa parcel #10201590; and
COM SW COR SE NE E 194', N 649', SW 330', S 412' TO beg EX. Land conveyed to City of I.C. in
2727-90 (survey 41-75), which is 1.47 acres more or less, identified as Johnson County, Iowa parcel
#10201760.
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 % CORNER OF SAID SECTION 20, THENCE SOUTH 00°09'17" WEST
ALONG THE EAST LINE OF THE SOUTHEAST ¼ OF SAID SECTION 20 A DISTANCE OF 1224.96 FEET
(18.56 CHAINS); THENCE SOUTH 89040'57" WEST A DISTANCE OF 686.36 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 89o40'57" 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 1 lo40'09" WEST ALONG SAID HIGHWAY RIGHT OF WAY LINE A
DISTANCE OF 283.38 FEET; THENCE SOUTH 74o45'09" EAST A DISTANCE OF 37.99 FEET; THENCE
NORTH 64o08'51'' EAST A DISTANCE OF 32.48 FEET; THENCE SOUTH 86019'36" EAST A DISTANCE
OF 217.65 FEET; THENCE SOUTH 76o39'28'' EAST A DISTANCE OF 84.25 FEET; THENCE SOUTH
58°49'25" EAST A DISTANCE OF 201.41 FEET; THENCE SOUTH 34°29'14" EAST A DISTANCE OF 69.35
FEET; THENCE SOUTH 61o31'31" EAST A DISTANCE OF 174.40 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.10 ACRE.
E. The properties on the east side of Mormon Trek Boulevard Extended, west of Dane Road, legally
described as follows, are hereby redesignated from RS, Suburban Residential, to C1-1, Intensive Commercial:
Ordinance No.
Page 5
North 18.567 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20,
T79N, R6W, excepting the portion west of Mormon Trek Boulevard.
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.
SECTION IV. 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.
~EC~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SFCTION VI SEVERAI~II ITC 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 FFFECTIVE DATF This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20.__
MAYOR
A'IR-EST:
CITY CLERK
Approved by
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 5/20/03
Voteforpassage:AYES: Wi'lbuf'n, Champion, Kanner, Lehman, 0'Donne]I, Pfab,
Vandet'hoef. NAYS: None. ABSENT: None.
Second Consideration 6/10/03
Voteforpassage: AYES: I~i]burn, Champion, I(anner, Lehman, O'Donne]], Pfab,
Vanderhoef. NAYS: None. 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, 02, R1A, RS, AND A1 TO P, PUBLIC; CH1, HIGHWAY COMMERCIAL; C1-1, INTENSIVE
COMMERCIAL; AND IDRS, INTERIM DEVELOPMENT RESIDENTIAL, FOR PROPERTY GENERALLY
LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND NORTH AND
SOUTH OF HIGHWAY 1.
WHEREAS, tl~e City is coordinating and initiating the rezoning of approxima 144 acres of land in
conjunction with the~nnexation of said properties;
WHEREAS, the ~ity consulted the Southwest District Plan and South Central which are part of
the Corn in considering appropriate zoning designations; and
WHEREAS, the City Airport owns properties being annexed to of Iowa City which should be
zoned public to reflect c ownership; and
WHEREAS iy identified the properties east and west of the
appropriate for ~ment; and
WHEREAS, : Mormon Trek Boulevard, in 2003, will provide the
infrastructure to su development in this vicinit
WHEREAS, to address with entranceway the Highway 1 frontage, the property
owners of undeveloped private which front on Hi 1 have agreed to a conditional zoning
agreement defining ~ce considerations.
NOW, THEREFORE BY THE ~IL OF THE CITY OF IOWA CITY, IOWA:
A. The privately-owned properties north Highway 1 being annexed, legally described as
follows, are hereby redesignated from County C1-1, Intensive Commercial.
COM 300' S OF NE COR S 89° W 999.95', S 45° W 196.67' TO POINT OF BEG.,
THENCE S 45° W 159.31' S 26° W 229.95' TO W LINE E% NE, N ALONG SAID W LiNE TO
POINT N 54° W TO BEG, Iowa parcel #1020105002; and
COM 300' S OF NE COR 20-79-6 S 89° W 25 35° W 893.31' TO POG, THENCE S 35° W 106.64',
S 45° W 196.67', N 54° W TO W LINE E% NE, ~IG SAID W LINE TO PT N 54° W OF BEG., S 54° E
TO BEG, identified as Johnson County, Iowa pa~ [:)105001~
COM 300' S OF NE COR SECTION 26 89° W 25.5', S 35° W 999.95', S 45° W 355.98',
S 26° W 229.95', S 54° W TO C/L HWY, 140' TO POINT OF BEG, THENCE SWLY 170',
N 54o, W TO W LINE E % NE, N ALONG W N 54° W OF BEG., S 54° W TO BEG, identified
as Johnson County, Iowa parcel
B. The properties controlled , Airport, legall described as follows, are hereby redesignated
from RS, Suburban Residential; R1A, Residential; CH, Highway Commercial; and C2,
Commercial to P, Public:
Commencing at the northeast corn of Section 20, Townsl 78 North, Range 6 West of the 5th P.M.,
thence south 300.00 feet, thence 89 degrees 52 mira, 00 seconds, west 25.50 feet to the
northwesterly right of way line of , #1, thence south , degrees 20 minutes 00 seconds west
999.95 feet, thence 51 minutes 5.98 feet, thence south 26 degrees 44
minutes 36 seconds west 229.95 thence south 54 degrees 40 nutes 00 seconds east to the center
line of Iowa Highway #1 and the of beginning of the tract thence southwesterly along
said center line 140 feet, thence orth 54 degrees 40 minutes 00 Is west to the west line of the east
half of the northeast quarter of ~ 20, Township 79 North, Range the 5th P.M., thence north
along the said west line of the half of the northeast quarter of said ection 20 to a point which bears
north 54 degrees 40 minutes ¢ south 54 degrees 40 minutes
00 seconds east to the point ~ of Iowa for road purposes and
for use as a d subject to an easement for access to lots and for construction of
utility services is 30 feet in width, the southerly line of which the northerly right of way line
of Iowa Highway #1, an to an easement for the construction, op and maintenance of a
sanitary sewer either side of the existing sanitary sewer line as presently located on said real
estate, exce conveyed to the State of Iowa for highway purposes by deed records
in Book 544, Pag of Johnson County, Iowa.
and
Commencing at the NE corner of said Section 20; thence S0°33'W, 377.5 ft. along the east line of the NE
¼ of said Section 20, to the centerline of Primary Road No. 1; thence S35°30 WW, 1838.6 ft. along said
centerline and centerline tangent; thence N54°29 %'W, 101.3 ff. to the Point of Beginning; thence continuing
Ordinance No.
Page 2
N54°29 ~'W, 231.0 ft. to a point on the west line of the E ~ NE ¼ of said Section 20; thence S0°27 WW,
328.7 ft. along said west line; thence N44°26 ~'E, 272.4 ft. to the Point of Beginning; containing 0.71 acre
(31,088 sq. ft.), more or less.
That part of the E 1/2 of the NE 1/4 of Section 20, Township 79 North, Range 6 West, lying northwesterly
of the original State Highway No. 1, southeasterly of the present State Highway No. 1, and southwesterly of
the county road (Dane Road), in Johnson County, Iowa, described as follows:
Commencing at the NE corner of said Section 20; thence S 01°44'47'' W (S 01°45' W record) along the
East line of said NE 1/4 and along the centerline of said original State Highway No. istance of 1136.58
feet to the beginning of a curve to the right, said curve having a radius concave westerly;
the said curve and said centerline 164.80 feet tc the centerline of the
county road I and the point of beginning; thence continuing along curve and said centerline
of Original Iowa Highway No. 1 in a southwesterly direction 463.03 thence S 64o31'47" W along
feet to a point on the southeasterly right-of-way line Iowa State Highway No.
1; thence N -- along said right-of-way line 112.47 feet (113. thence N 38°07'45'' E
along said 199.94 feet (200.1 feet record); thence N E along said right-of-way line
351.41 feet (351.3 thence N 36o42'20'' E along sai line 49.93 feet (50.0 feet
record); thence N E along said right-of-way line 111.0 feet record); thence N 58°00'48''
E along 96.64 feet (96.6 feet record' 36o42'10" E along said right-of-way line
168.10 feet to a y right-of-way line o Road; thence N 84o23'41'' E along said
southeasterly right-of-way Iowa State Highway No. of 58.14 feet (58.1 feet record) to a
point on the centedine of Road; thence S E along said centerline 84.53 feet to the
beginning of a curve to the rigl' said curve having a of 572.96 feet, concave southwesterly; thence
southeasterly along -~15.65 feet to the and containing 6.314 acres.
Subject to Dane Road r f and easemer For the purpose of this description, the east
line of the NE 1/4 of said Section assumed ,ear S 01°44'47" W. The above described parcel is the
same parcel as described in the to trust as recorded in Book 2244, Page 116 in the
Johnson County Recorder's Office.
and
That part of a parcel of land Book 1908, Page 205, in the Office of the Johnson County
Recorder, in the Southeast Quarter of Quarter of Section 20, Township 79 North, Range 6
West of the 5th Principal Meridian in Joh~~,ounty, Iowa, described as follows:
Commencing at the southwest ,id Southeast Quarter of the Northeast Quarter; thence South
88o34'01'' East along the south line ~arter of the Northeast Quarter 194.00 feet to the
southeast corner of said parcel; North East along the east line of said parcel 159.18 feet to
the point of beginning; thence Nc the southeasterly right of way line of Iowa
State Highway No. 1; thence dong said right of way line 237.85 feet to the east line of
said parcel; thence South West alon east line 298.16 feet to the point of beginning,
containing 24,864 square subj ~d restrictions of record, if any.
and
That part of the Jarter of the Northea Jarter of Section 20, Township 79 North, Range 6
West of the 5th Princi Meridian in Johnson described as follows: Commencing at the
;~uarter of the Quarter; thence Nodh 88o34'01" West along the
south line of said of the Northeast rter 1,129.73 feet to the southeast corner of a
parcel of land Book 1908, Page 205, in the Offi ~ of the Johnson County Recorder; thence North
04°04'00'' East rth 02o50' East record) along the east I of said parcel 158.70 feet to a point on the
southwesterl' and a non-tangent curve to the right, said
curve having of 940.00 feet, concave southwesterly; ~theasterly along said curve and said
line 109.68 feet through a central le of 06041'08'' and having a chord bearing
~5" East 109.92 feet to the point of beginning; ce North 62o27'56'' East 30.54 feet; thence
South 48°2 West 29.86 feet to the beginning of a ~rve to the right, said curve having a
radius ).00 feet, concave southwesterly; thence , along said curve and said southwesterly
right-of-wa~ Mormon Trek Boulevard 7.39 feet a central angle of 00o27'02'' and having a
chord bearing North 39045'00'' West 7.39 feet to the point if be~ 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
01o45' 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 63o52'30" West 298.8 feet record);
thence North 19o00'13'' West (North 19o00' West record) along the west line of said parcel 247.05 feet to the
point of beginning; thence South 62°27'56'' West 810.16 feet; thence North 19o00'13'' West 174.33 feet to the
east line of a parcel of land described in Book 1908, Page 205 in the Office of the Johnson County Recorder;
thence North 04o04'00" East (North 02°50' East record) along said east line 220.08 feet to a point on the
southeasterly right-of-way line of Iowa State Highway Number 1; thence North 44°46'50'' East along said
right-of-way line 385.18 feet (North 43o33' East 389.1 feet record) to the centerline of original Iowa State
Highway Number 1; thence North 64o31'47" East (North 64o32' 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 p~int of beginning.
and \ ~
That part of the Southeast Quarter of the Nodheast Quader of Section 20, Township 79 North, Range 6
West of the 5th Principal~Meridian in Johnson County, Iowa, described as follo~: Commencing at the
south.east corner of said S~theast Quarter of the Northeast Quarter; thence N/orth 01o44'47'' East (North
01o45 East record) along th~ east line of said Southeast Quarter of the No/ctheast Quarter 372.80 feet;
thence South 63o52'17" West ~or the southeasterly line of a parcel of lanai/described in Book 871, Page
204, in the Office of the Johnso~ ~ty Recorder 298.84 feet (South 63~52'30" West 298.8 feet record);
thence North 19o00'13'' West (No! ~o00' ~//est record) along the west/lfi~e of said parcel 198.73 feet to a
point on the, s,o,,uth right-of-way lirpropG ~ed relocated Dane RoaC/and the point of beginning; thence
North 88o15 13 West along said of-w,a~i line 97.71 feet; thence/North 62027'56'' East 92.39 feet to a
point on said west line; thence Sou 700'1 c ' East along said west/fine 4832 feet to the point of beginning.
and ~ ~
That part of the Southeast Qu of~,the Northeast Quarte 20, Township 79 North, Range 6
West of the 5th Principal Meridian Johnson County, described as follows: Commencing at the
southeast corner of said Southeast thence North 88o34'01" West along the
south line of said Southeast Quarter ~lortheast 1,129.73 feet to the southeast corner of a
parcel of land described in Book 1908, 205, in the of the Johnson County Recorder; thence North
04004'00'' East (North 02050, East dong the. line of said parcel 158.70 feet to a point on the
southwesterly right-of-way line of Boulevard and the point of beginning; thence
continuing North 04o04'00'' East along said that parcel of land described in Book 1908, Page 205
a distance of 78.57 feet; thence South 19o00'1 136.90 feet to a point on a non-tangent curve to the
right, said curve having a radius of 940.00 feet, ¢ ~cave southwesterly; thence northwesterly along said curve
and said southwesterly right-of-way line of pr Boulevard 71.59 feet through a central
angle of 04o21'50" and having a chord bearin, the point of beginning.
C. Subject to the terms and Conditional zoning agreement, attached hereto and
incorporated by reference herein, the pn on east side of Highway 218, west of Mormon Trek
Boulevard Extended, are hereby redesign Residential; R1A, Urban Residential; and C2,
Commercial to CH-l, Highway
North 18.56 chains of the North of the So quarter East of Highway right-of-way Section 20,
T79N, R 6W, excepting the portion Trek levard.
BEG AT A POINT N 89° E 11 FROM THE ~ OF SEC 20 T79N, R6W ON THE S LINE OF
SAID SW NE, N 39o E, 180.9' E 140.4' TO EAST IE OF SAID SW NE, S 0o E 258.0', ALONG
EAST LINE TO SOUTH LINE SAID SW NE, ALONG SOUTH LINE TO THE POINT OF
BEG, which is .51 acres, more identified fy, Iowa parcel #10201590; and
COM SW COR SE NE 194', N 649', SW 330', S 412' ,.,\beg EX. Land conveyed to City of I.C. in
2727-90 (survey 41-75), is 1.47 acres more or less, idel~ified as Johnson County, Iowa parcel
#10201760.
D. The property on .~ast side of Highway 218, on the south sid~kof an existing drainageway corridor, is
hereby redesignated Suburban Residential, to ID-RS, Interim DeVelopment Single-Family Residential:
COMMENCING AT EAST ¼ CORNER OF SAID SECTION 20, ~HENCE SOUTH 00 09 17 WEST
ALONG THE EAST LI OF THE SOUTHEAST ¼ OF SAID SECTION 20~A DISTANCE OF 1224.96 FEET
(18.56 CHAINS); TH SOUTH 89o40'57'' WEST A DISTANCE OF 68~.~,36 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 89°40'57'' WEST A DISTANCE OF
672.65 FEET TO A HIGHWAY RIGHT OF WAY MARKER ON THE EASTERL~ RIGHT OF WAY LINE OF
U.S. HIGHWAY 218; THENCE NORTH 1 lo40'09,, WEST ALONG SAID HIGHW,~Y RIGHT OF WAY LINE A
DISTANCE OF 283.38 FEET; THENCE SOUTH 74045'09'' EAST A DISTANCE 6)F 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 76°39'28'' EAST A DISTANCE OF 84.25 FEET; THENCE SOUTH
58°49'25'' EAST A DISTANCE OF 201.41 FEET; THENCE SOUTH 34o29'14'' EAST A DISTANCE OF 69.35
FEET; THENCE SOUTH 61o31'31" EAST A DISTANCE OF 174.40 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.10 ACRE.
E. The properties on the east side of Mormon Trek Boulevard Extended, west of Dane Road, legally
described as follows, are hereby redesignated from RS, Suburban Residential, to C1-1, Intensive Commercial:
North 18.567 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20,
T79N, R6W, excepting the podion west of Mormon Trek Boulevard.
SECTION II. ZQNING MAP. The Building Inspector is hereby authorized and directed to chapge the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final approval and
publication of this Ordinance as
Following final approval of this
ordinance, the Mayor is hereby authorized ~d directed to sign, and the City attest, the conditional
zoning agreement between property the City.
City Clerk is authorized and directed to
certify a copy of this Ordinance which shall be the owner at the the County Recorder of
Johnson County, Iowa, upon final passage and ~blication as provided
RF:C. TIC)N V. REPEALER. All pads of conflict with the provisions of this
Ordinance are hereby repealed.
SFCTION VI SFVFRABILITY If ' ' the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall affect the ~ of the Ordinance as a whole or any
section, provision or part thereof not adjudged inval
~EC. TION VII FFFEC. TIVF DATF This in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of __ 20
MAYOR
ATTEST:
CITY CLERK
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00017)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City") and James Davis, Robert Davis, and Jan Smith (hereinafter "Owners").
WHEREAS, the City of Iowa City is coordinating and initiating the annexation and rezoning of
property owned by Owners, part of which has frontage on Highway 1; and
WHEREAS, Highway 1 is an entranceway to Iowa City; and
WHEREAS, the City has identified entranceway aesthetics as a public benefit; and
WHEREAS, Owner agrees that certain minimal conditions and restrictions are reasonable to
ensure a minimum of entranceway aesthetics, and to ensure that any illuminated signs do not
interfere with the operations of the Iowa City Airport.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as
follows:
1. James Davis, Robed 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 odginal agreement.
Dated this J ~ day of ~ ~,~ ,2003.
OWNER CITY OF IOWA CITY
.~m~s DaVis ' - Ernest Lehman, Mayor
Attest
Marian K. Karr, City Clerk
Approved by:
City Attorney's OffiCe
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this / ~ day of ,'¢/f~ , 20 o $ , before me, the undersigned, a
Notary Public in and for said County, ~n said State, personally appeared ~J~-_¢ ,~,~,-,'~
, to me known to be the identical persons named in and who executed the
within and foregoing instrument, and acknowledged that he executed the same as his voluntary act
and deed.
Notary Public in and for the State of Iowa
My commission expires:
?
ppdadm/agt/REZ03~0017CZA.doc
REZ03-00017 CZA
Page 3
OWNER
Rober~
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~O day of A?t~ ~ , 200 ~, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared ~,o'~ ~ ~)¢,~ ! .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:
lo4"-,I~ ~1 KEVIN W. NERAD I
[~ ~,lCom~n Number 1529~5l
I',l~'l MyComml~JonF. xplm~ I
ppdadrn/aglJREZO3-O001 ?CZA.doc
REZ03-00017 CZA
Page 4
OWNER
Jan Smith
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~.42=J4'~'. day of ~ ~ , , 200~, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared .'-'~-¢~,-~ ~
, to me known to be the identical persons named i~'~nd who executed the
within and foregoing instrument, and acknowledged that she executed the same as her voluntary act
and deed.
No{a~ry Public in and fo--C~he State of,i~wa' ·
My commission expires:
~ Commission Expires 01~'~1/2007
ppdadm/agFREZ03-00017CZA.doc
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03:00017)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City") and Rick Jirsa and Mark Mitchell (hereinafter "Owners").
WHEREAS, the City of Iowa City is coordinating and initiating the annexation and rezoning of prop-
edy owned by Owners, part of which has frontage on Highway 1; and
WHEREAS, Highway 1 is an entranceway to Iowa City; and
WHEREAS, the City has identified entranceway aesthetics as a public benefit; and
WHEREAS, Owner agrees that certain minimal conditions and restrictions are reasonable to ensure
a minimum of entranceway aesthetics, and to ensure that any illuminated signs do not interfere with
the operations of the Iowa City Airport.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as
follows:
1. Rick Jirsa and Mark Mitchell are the owners and legal title holders of property east of High-
way 218, south of Highway 1, legally described as follows:
BEG AT A POINT N 89° E 1135.7' FROM THE CENTER OF SEC 20 T79N, R6W ON THE S
LINE OF SAID SW NE, N 39° E, 180.9', N 30° E 140.4' TO EAST LINE OF SAID SW NE, S 0° E
258.0', ALONG EAST LINE TO SOUTH LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH
LINE TO THE POINT OF BEG, which is .51 acres, more or less, identified as Johnson County,
Iowa parcel #1020159001; and
COM SW COR SE NE E 194', N 649'C, SW 330', S 412' TO beg EX. Land conveyed to City of
I.C. in 2727-90 (survey 41-75), which is 1.47 acres more or less, identified as Johnson County,
Iowa parcel #1020176007.
2. Owners acknowledge that the City wishes to ensure a minimum amount of entranceway aes-
thetics as properties fronting on Highway 1 are developed.
3. In consideration of the City's rezoning the property from RS, Suburban Residential, R1-A,
Urban Residential, and C2, Commercial, to CH-l, Highway Commercial, the Owners agree
that any development of the property shall incorporate the following site design standards:
a. A minimum setback of 30 feet from the Highway 1 right-of-way shall be landscaped.
No parking or paving, other than a sidewalk or trail, shall be permitted in this 30-foot
setback.
b. No outdoor storage of materials or merchandise within 100 feet of the Highway 1
right-of-way shall be permitted. This does not apply to outdoor display of motorized
vehicles, such as automobiles and trucks.
c. Signs, if illuminated, must be internally illuminated, in order to minimize the chance of
upward turning lights being used on the property.
4. Owners agree that the site development and site plan of the property shall reflect these con-
ditions.
REZ03-00017 CZA (Jirsa/Mitchell~
Page 2
5. Owners acknowledge that the conditions contained herein are reasonable conditions to im-
pose on the land, and under Iowa Code 414.5 (2001), and that said conditions satisfy public
needs that are related to the zoning change.
6. Owners acknowledge that in the event any portion of the subject property is transferred, sold,
redeveloped, or subdivided, all development and redevelopment will conform with the terms
of this Conditional Zoning Agreement.
7. The parties acknowledge that this Conditional Zoning Agreement will be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and ef-
fect as a covenant running with the title to the land unless or until released of record by the
City. The parties further acknowledge that this agreement will inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
8. Owners acknowledge that nothing in the Conditional Zoning Agreement will be construed to
relieve the owner from complying with all applicable local, state and federal regulations,
9. The parties agree that this Conditional Zoning Agreement will be incorporated by reference
into the ordinance rezoning the subject property and that upon adoption and publication of
the ordinance, this agreement will be recorded in the Johnson County Recorder's Office.
Dated this day o ,2003.
OWN/~3..~ . CITY OF IOWA CITY
,,- /
Ri~k Jic ;~ l~/~[~' Ernest Lehman, Mayor
MaC Mitchell
Attest
Marian K, Karr, City Clerk
Approved by:
REZ03-00017 CZA (Jirsa/Mitchell~
Page 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~'¥~' _ day of ~'j.J:~.,~'~._J~ ,200~, before me, the undersig.ned, a Notary
Public in and for said Count, in said State, personally appeared ]j~..~--J~- .~i¢~.~-
and ~/~,r~_~- )".A ;Jf-c~,~.c.¢--~ - , 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:
~ J. McMORRIS i
MY COMUI, SSION EY~ES I
IO.,-t-.o$ .....
3
ORDINANCE NO. 03-4090
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 DISTRI. CTS, 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 PRO~ECT
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 0f 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 tmet of land described as follows:
Commencing at the Southeast corer 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 corer 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 Northwester 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 SoutheR 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 Norther corer of said parcel; thence Southeasterly 40
feet to the Easter 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
2
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 Rightrof-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 Eastern 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 ofld. 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;
(b) 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.
03-157 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 centedine 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 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 Auditorts 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 a parcel formerly known as Johnson County Auditorts 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 #10-14452-002 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 right-of-way line of Lower Museatine 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 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 ofbe~nning.
Said parcel contains approximately 51 acres.
(e) 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
4
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 Northern Right-of-
Way line of Lower Muscatine Road.
Thence Southeasterly along the Northern Right-of-Way line of Lower
Muscat;me 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 Eastern 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 come'r;
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
Museatine 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 Museatine Road. Thence southeasterly along said centerline of Lower
Museatine 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 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 Ro~d to a point perpendicular 33 feet from the
western comer of a parcel formerly known as Johnson County Auditor's Parcel
#10-14452-004; 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 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 right-of-way line of the Iowa
Interstate Railroad, which is the point of begirming.
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 '"oase
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 !, 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 P. roject 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 of hoods and interest of each taxing district shall be
collected against all taxable property within the Amended Project Area without any
limitation as hereinabovc 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 thc 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 thc 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 24th day of Oune ~ 2003.
ATTEST:
Qityk. Clerk ' .
8
Read first time: 5/20/03
AYES: Wilburn, Champion, Lehman, U'Oonnell, t'tab, Vanderhoef. NAYS: Kanner. ABSENT:
None.
Read second time: 6/t0/03
AYES: Lehman, O'Donnell, Pfab, Vanderhoef, will)urn, Champion. NAYS:Kanner ABSENT:
Read third time: 6/24/03 None.
AYES: Champion, Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn. NAYS: Kanner. ABSEN~Sne'
PASSED AND APPROVED: June 24, 2003
PUBLISHED: ,luly 2, 2003
DLILLEBO~365050\I\I0714.060
ORDINANCE NO. 03-4091
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
COMMLrNITY SCHOOL DISTRICT AND OTHER
TAXING DISTRICTS, BE PAID TO A SPECIAL FUND
FOR PAYMENT OF PRINCIPAL AND 1NTEREST 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. 03-158 passed and
approved on the 20~ 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 ofbegiuning. 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 centefline
of U.S. Highway 6 to the Iowa River. Thence southerly along the east bank
of the river to a point on the centerline of the Cedar Rapids and Iowa City
Railway.
Thence northeasterly along said centerline to a point where said centefline
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 eastern boundary of Waterfront Drive
right-of-way. Thence westerly to a point on the centefline 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 of Iowa City, Iowa in the future to finance urban renewal project activities carded
out in furtherance of 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 I.. 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 thc 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 mended, 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
ATYEST:
~ity~Clerk --
Read First Time: 5/20/03 ,2003 Voteforpassage:AYES: Lehman, 0'Donnell,
Vanderhoef, Wilburn, Champion. NAYS: Kanner, Pfab. ABSENT: None.
Read Second Time: 6/10 ,2003 Vote for passage: AYES: Lehman, 0' Donnel 1,
Yanderhoef, Wilburn, Champion. }lAYS: Kanner, Pfab. ABSENI: None.
Read Third Time: 6/24 ,2003 Vote for passage: AYES : Lehman, 0'Donnell,
Champion, Vanderhoef, W~lburn. NAYS: Kanner, Pfab. ABSENI: None.
PASSED AND APPROVED: June 24 ,2003.
-4-
I, Marian K. Kart , City Clerk of the City of Iowa City, Iowa,
hereby certify that the above and foregoing is a true copy of Ordinance No. 03-4091
passed and approved by the City Council of said City at a meeting held
June 24 ,2003, signed by the Mayor on June 24 .,
2003, and published in the "Press Citizen" on J u 1 y 2 ,2003.
City ClErk, Iowa City, Iowa
(SEAL)
DLILLEBOX364981\1 \10714.077
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