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HomeMy WebLinkAbout1997-02-25 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 25th day of Febru- ary, 1997, in the Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consid- /,~Ei~.he following items: I~A resolution approving a request for volun- tary annexation of a 140.5 acre tract locat- ed on the east side of Scott Boulevard, north of Highway 6. 2. An ordinance amending the Zoning Chapter by conditionally changing the use regula- tions on a 140.5 acre tract from County M1, Light Industrial, to C1-1, Intensive Com- mercial (38.93 acres), and I-1, General Industrial (101.57 acres), for property locat- ed on the east side of Scott Boulevard, north of Highway 6. Copies of the proposed ordinances are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin\2-25,nph Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXI- MATELY 140.5 ACRES LOCATED ON THE EAST SIDE OF SCOTT BOULE- VARD, NORTH OF HIGHWAY 6. WHEREAS, A.F. Streb (hereinafter "Owner") owns an approximate 140.5 acre parcel of land located on the east side of Scott Boulevard, north of Highway 6; and WHEREAS, Owner has requested annexation of the 140.5 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code §368.5 and 368.7 (1995), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, each affected public utility, the Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS, pursuant to Iowa Code §368.5 (1995), due to the annexation of a portion of 420th street to its center line, the Johnson County Attorney has been served with notice of. the public hearing and a copy of the proposal annexing such county right-of-way; WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following described land should be voluntarily annexed to the City of Iowa City, Iowa: Commencing at the Southwest corner of Section 19, Township 79 North, Range 5 West of the 5th Principal Meridian, City of Iowa City, Johnson County, Iowa; Thence N00° 03'29"W along the West line of the Southwest quarter of said Section 19, a distance of 254.86 feet to a point on the Northerly right-of-way line of U.S. Highway Six(6) and the Point of Beginning; Thence continuing N00°03'29"W along said West line 404.57 feet, to a point on the Easterly right-of-way line of Scott Boulevard; Thence Northeasterly, 386.13 feet along said Easterly right-of-way line and a 1481.54 foot radius curve concave Northwesterly, whose 385.04 foot chord bears N07 ° 23'39"E; Thence N00°03'29"W, along said Easterly right-of-way line, 1605.27 feet to a point on the North line of said Southwest quarter; Thence N00 ° 18'56"W, along said Easterly right-of-way line, 579.87 feet to the Northwest corner of Auditor's Parcel //95104, as recorded in Book 36, at page 63 in the Office of the Johnson County Recorder; Thence S62°09'30"E, along the Resolution No. Page 2 Southerly right-of-way line of Heartland Rail Corporation, 3011.15 feet, to a point on the East line of said Southwest quarter; Thence S00" 00'45"E, along said East line, 990.27 feet; Thence S89°38'37"W, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South line of said Southwest quarter; Thence S89 ~ 38'37"W along said South line, 1590.89 feet to a point on the Northerly right-of-way line of said highway; Thence 175.60 feet Northwesterly along said Northerly right-of- way line and a 5830.00 foot radius curve, concave Southwest- erly, whose 175.59 foot chord bears N59~59'08"W; Thence N60 ° 50'54"W along said Northerly right-of-way line 337.19 feet to said Point of Beginning, containing 140.50 acres, and is subject to easements and restrictions of record. The City Clerk is hereby authorized and directed to certify, file and record all necessary documents as required by Iowa law under §368.7 (1995) at Owner's expense. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this day of , 1997. ATTEST: CITY CLERK ppdadmin\streb.res MAYOR ,/ ~ttorne~',s~ffice SCOTT-SIX INDUSTRIAL PARK PUBLIC/PRIVATE PARTNERSHIP CITY OF IOWA CITY/AL & MARY JO STREB City Contribution · Approval of 38.93 acres of intensive commercial zoning along Scott Boulevard. · Assumption of the ownership and maintenance of Outlots A and B, which essentially serve as the stormwater management facility for this development. will Waiver of the requirement for sidewalks within the industrial portion of the site. These are to be provided as a public project in the future if the City chooses to do so. Involvement in the construction of 420th Street, including applying for necessary permits, applying for potential financial assistance such as RISE funding, and agreeing to install a traffic signal at the intersection of Highway 6 and 420th Street in the future if warranted. · Agree to proposed stream relocation as long as an acceptable stormwater quality and management plan is designed and implemented. · Delay installation of fire hydrants in industrial area. · Designate industrial area for tax increment financing. · Absorb water and sewer tap on fees. Developer Contribution · Purchase property for development of an industrial park. · Agree to annex the property into Iowa City. · Install all infrastructure in the industrial portion of the subdivision concurrently with the commercial portion; or provide assurance that it will be installed through a letter of credit or an escrow. Design and construct an acceptable stormwater quality and management facility in association with the proposed stream relocation. Agree to follow building and site design standards on commercial lots, as specified by the CZA. · Provide for Scott Boulevard Trunk Sewer easement. · Cap sale price of industrial land at a mutually agreed upon price. ppddlr~sct6tnd.ctb NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 25th day of Febru- ary, 1997, in the Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consid- er the following items: 1. A resolution approving a request for volun- tary annexation of a 140.5 acre tract locat- ed on the east side of Scott Boulevard, q~irth of Highway 6. n ordinance amending the Zoning Chapter conditionally changing the use regula- tions on a 140.5 acre tract from County M1, Light Industrial, to C1-1, Intensive Com- mercial (38.93 acres), and I-1, General Industrial (101.57 acres), for property locat- ed on the east side of Scott Boulevard, north of Highway 6. Copies of the proposed ordinances are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin\2-25,nph Prepared by: Scott G. Kugler, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5243 ORDINANCENO. ORDINANCE AMENDING THE ZONING CHAP- TER BY CONDITIONALLY CHANGING THE USE REGULATIONS QF APPROXIMATELY 140.5 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF SCOTT BOULEVARD, NORTH OF HIGHWAY 6, FROM COUNTY MI, LIGHT INDUSTRIAL, TO C1-1, INTENSIVE COMMERCIAL {38.93 ACRES), AND I-1, GENERAL INDUSTRIAL (101.57 ACRES). WHEREAS, the Owner, A.F. Streb, has requested that the City annex and rezone approximately 140.5 acres of property located on the east side of Scott Boulevard, north of Highway 6, from County M1, Light Industrial, to Cl-1, Intensive Commercial (38.93 acres) and I-1, General Industrial (101.57 acres); and WHEREAS, the proposed rezoning will allow the development of a commercial/industrial subdivision within the corporate limits utilizing City utilities and services; and WHEREAS, Iowa Code 4i4.5 (1995) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the adequate provision and timing of infrastructure improvements associated with the proposed development, to address the issues of storm water management, water. quality and habitat reconstruction on the property in accordance with City development ordinances, and to ensure appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and WHEREAS, the Owner has agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to address the above referenced issues. Ordinance No. Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property described below is hereby reclassified as follows: a. The following property is hereby reclassified from its present classification of County M1, Light Industrial, to C1-1, Intensive Commercial: Commencing at the Southwest Corner of Section 19, Township .79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence NOO°O3'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6 and the Point of Beginning; Thence continuing NO0°O3'29"W, along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord bears NO7°23'39"E; Thence NOO°O3'29"E, along said Right-of-Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence NOO°18'56"W, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62°09'30"E, along said South Right-of-Way Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence Sl1°43'38"W, 1240.47 feet; Thence S06 °00'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°29'45"W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears S01 °12'12"W; Thence SO0° 21 '22" E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89°38'37"W, along said South Line, 209.90 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along Ordinance No. Page 3 said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59°59'O8"W; Thence N60°50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. The following property is hereby reclassified from its present classification of County M 1, Light Industrial, to I-1, General Industrial: Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence NOO°O3'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6; Thence S60°50'54"E, along said Northerly Right-of-Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59°59'08"E, to a point on the South Line of said Southwest Quarter; Thence N89°38'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence N00°21 '22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears NO1°12'12"E; Thence NO2°29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence NO2°29'45"E, 230.00 feet; Thence NO6°OO'20"E, 173.94 feet; Thence N11°43'38"E, 1240.47 feet; Thence NOO°O3'29"W, 300.25 feet, to a point on the Southerly Right-of-Way Line of Heartland Rail Corporation; Thence S62°09'30"E, along said Southerly Right-of-Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00°00'45"E, along said East Line, 990.27 feet; Thence S89°38'37"W, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89°38'37"W along said South Line, 1380.99 feet, to the point of Beginning. Said tract of land contains 101.57 acres, and is subject to easements and restrictions of record. Ordinance No. Page 4 SECTION II. ZONING MAP. Upon final pas- sage, approval and publication of this Ordi- nance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION III. CONDITIONAL ZONING AGREE- MENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the Conditional Zoning Agreement between the property owners, applicant and the City. SECTION IV. CERTIFICATION AND RECORD- ING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement for recordation in the Office of the Recorder, Johnson County, Iowa, at the Applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: · CITY CLERK Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Cor- poration (hereinafter "City") and A.F. Streb (hereinafter "Owner"). WHEREAS, the Owner, A.F. Streb, has requested that the City annex and rezone approximate- ly 140.5 acres of property located on the east side of Scott Boulevard, north of Highway 6, from County M1, Light Industrial, to CI-1, Intensive Commercial (38.93 acres) and I-1, General Industrial (101.57 acres); and WHEREAS, the proposed rezoning will allow the development of a commercial/industrial subdivision within the corporate limits utilizing City utilities and services; and WHEREAS, Iowa Code 414.5 (1995) provides that the City of Iowa City may impose reason- able conditions on granting an applicant's rezoning request, over and above existing regula- tions, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the adequate provision and timing of infrastructure improvements associated with the proposed development, to address the issues of storm water management, water quality and habitat reconstruction on the property in accordance with City development ordinances, and to ensure appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and WHEREAS, the Owner has agreed to use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above referenced issues.. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: A.F. Streb is the owner and legal title holder of approximately 140.5 acres located on the east side of Scoff Boulevard, north of Highway 6, which property is more particularly described as follows: Parcel I (to be rezoned C1-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°03'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6 and the Point of Beginning; Thence continuing N00°03'29"W, along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord bears N07°23'39"E; Thence N00°03'29"E, along said Right-of-Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence N00°18'56"W, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62°09'30"E, along said South Right-of-Way Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence Sl1°43'38"W, 1240.47 feet; Thence S06°00'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°29'45"W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears S01°12'12"W; Thence S00°21'22"E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89°38'37"W, along said South Line, 209.90 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59°59'08"W; Thence N60°50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. Parcel II (to be rezoned I-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°03'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6; Thence S60°50'54"E, along said Northerly Right-of-Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59°59'08"E, to a point on the South Line of said Southwest Quarter; Thence N89°38'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence N00°21'22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears N01°12'12"E; Thence N02°29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence N02°29'45"E, 230.00 feet; Thence N06°00'20"E, 173.94 feet; Thence N11~43'38"E, 1240.47 feet; Thence N00°03'29'~V, 300.25 feet, to a point on the S5utherly Right-of-Way Line of Heartland Rail Corpora- tion; Thence S62°09'30"E, along said Southerly Right-of-Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00°00'45"E, along said East Line, 990.27 feet; Thence S89°38'37'~N, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89°38'37"W along said South Line, 1380.99 feet, to the point of Beginning. Said tract of land contains 101.57 acres, and is subject to easements and restrictions of record. Owner acknowledges that the City wishes to ensure the adequate provision and timing of infrastructure improvements on the property, that the development of the property incorporates provisions for storm water management in such a way that water quality and habitat reconstruction are addressed in accordance with existing City development ordinances, and that the development of individual lots along Scott Boulevard occurs in a manner appropriate for this entryway into the community. Therefore, Owner agrees to certain conditions over and above City regulations in order to ensure that all infra- structure associated with the development is constructed and in place prior to the issuance of any building permits on any lots, that a stormwater management and water quality plan and landscaping plan be approved by the City prior to final plat approval, and that certain standards will be adhered to on properties fronting on Scott Boulevard to ensure development that is attractive in appearance from this entryway to the city. In consideration of the City's rezoning the subject property from M1 to C1-1 and I-1, Owner agrees that the use and development of the subject property will conform to all of the requirements of the C1-1 and I-1 zones, as applicable, as well as the following additional conditions: All infrastructure associated with the proposed development, including but not limited to streets, curbs & gutters, storm and sanitary sewers, watermains, stormwater detention facilities, and sidewalks along the frontage of all outlots, shall be installed prior to the issuance of any building permit for any lot within the subdivision. An escrow payment or letter of credit to cover the cost of uninstalled improvements may be accepted in lieu of completion of the infrastruc- ture improvements if the City feels it is reasonable under the conditions. Sidewalks will be provided along all commercially zoned lots within the develop- ment and other areas as specifically noted on the preliminary .plat, as such individual properties are developed, except as provided above in section 3a above. A stormwater management plan that addresses water quality and the re-estab- lishment of habitat along the relocated stream corridor, if said relocation is approved by the Department of Natural Resources, shall be submitted and approved prior to final plat approval. A concept plan illustrating how this will occur shall be submitted for review with the preliminary plat. do All applicable federal, state, and local requirements with regard to the contain- ment, storage, handling, and disposal of hazardous, dangerous, or toxic materi- als shall be adhered to, and all required permits for storing, handling, and disposal of said materials shall be obtained prior to development or redevelop- ment of any portion of this property. so All improvements associated with land to be dedicated to the City shall be installed and approved prior to City acceptance of the proposed dedication. On lots with frontage on Scott Boulevard or Highway' 6, all building elevations visible from Scott Boulevard or Highway 6 shall be primarily masonry, which may include fired brick, stone or similar material, dressed concrete block, and stucco or like material when used in combination with other masonry finish. Alternative building materials, such as architectural metals or materials used for decorative treatment, may be substituted if the Director of Planning and Community Devel- opment determines that the use of such other materials satisfies the intent of this Agreement. All elevations visible from Scott Boulevard shall have a finished facade. Rooftop mechanical devices shall be screened. go On all commercially zoned lots within the development, loading docks and receiving areas, garbage dumpsters, outdoor storage areas, mechanical equip- ment and other service areas and functions typically associated with the rear of buildings shall not be located in front of or along any building wall facing and/or visible from Scott Boulevard. When located elsewhere on a lot and visible from Scott Boulevard, these items shall be screened from view with landscaping or a combination of fencing and landscaping. In addition to the requirements of the City's Tree Regulations, the periphery of all parking lots visible from Scott Boulevard shall include a 10-foot wide planted landscaped area including evergreen shrubs or a hedge. Up to 5 feet of this required landscape area may be located within a right-of-way provided that a continuous area at least 10 feet in width is maintained, free of street, access road or sidewalk paving, to allow a sufficient growing area for the landscaping to be established. Landscape beds a minimum of 5 feet in width shall be provided along at least 50% of building elevations facing Scott Boulevard, and shall be planted with a variety of evergreen and deciduous shrubbery. Freestanding signs within the development shall be limited to one located at each vehicular access point to the property from an arterial street. Individual development lots within the development may provide monument, facia, or other signs as permitted by the City's sign regulations on a lot-by-lot basis, but shall not provide additional freestanding signs beyond that specified above. If signs are to be lighted, they shall be internally illuminated and in compliance with the City's sign regulations. The Owner agrees that each and every development within the Scott-Six Industrial Park that occurs on a commercially zoned lot visible from Scott Boulevard or Highway 6 must submit a development concept plan to the Department of Planning and Community Development prior to development. The Director of Planning and Community Develop- ment shall review and approve the concept plan based on the criteria listed above and the City's then existing development ordinances. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifica- tions substantially satisfy the intent of the criteria. Decisions of the Director may be appealed to the City Council after review and recommendation by the Planning and Zoning Commission. The Owner acknowledges that the conditions contained herein are reasonable condi- tions to impose on the land and under Iowa Code 414.5 (1995), and that said conditions satisfy public needs which are directly caused by the requested zoning changes. Dated The Owner acknowledges 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. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all applicable local, state and federal regulations, including but not limited to Department of Natural Resources approval of the relocation of the stream corridor located on the property and the need for local, state, or federal permits for containment, handling, storing, or disposing of hazardous, dangerous, or toxic materials on any site within the development. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the O~:dinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. this day of , 1997. OWNER CITY OF IOWA CITY A.F. Streb By: Attest: Naomi J. Novick, Mayor Approved by: ) Ci~rney's Ofic~/ Marian K. Karr, City Clerk STATE OF IOWA JOHNSON COUNTY On this __ day of ,1997, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared A. F. Streb, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowl- edged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOWA ) JOHNSON COUNTY ) On this day of ,1997, before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City,. Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of ,19 , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa ppdadmin/streb.agt City of Iowa City MEMORANDUM Date: To: From: Re: February 6, 1997 Planning & Zoning Commission Scott Kugler, Associate Planner Scott-Six Industrial Park Annexation and Rezoning Request At Monday's informal meeting, questions were raised about certain provisions of the draft version of the Conditional Zoning Agreement (CZA) for this property. In addition, the applicant has raised some questions about a number of the provisions, as detailed in the attached letter from the applicant's attorney, Robert Downer. Attached please find a revised draft of the CZA that addresses some of these concerns. Discussion is provided below regarding changes that were incorporated and were not incorporated into the CZA. In a telephone discussion late this afternoon, Mr. Downer indicated to staff that the applicant generally agreed to the changes verbally presented by staff. However, he had not had an opportunity to review the actual text of the revised document at that time. Therefore, the applicant's acceptance of the proposed CZA should be confirmed prior to a vote on this application. If any difference of opinio~ still exists, these issues should be discussed and taken into consideration by the Commission in its decision. The following lettered paragraphs correspond to the conditions contained in section 3 of the proposed CZA: a. The applicant wishes to ensure that there is some flexibility built into this condition to allow the subdivision to be installed in phases, which would allow minor revisions to the street and lot configurations as dictated by the needs of potential industrial users. Staff sees no problem with phasing in the construction of the infrastructure provided that the City has some assurance in the form of an escrow or letter of credit that the balance of the infrastructure will be provided. Staff feels that the existing language of section a adequately provides this flexibility. b. The applicant agrees with the requirement for sidewalks to be installed as properties develop, but as indicated in Mr. Downer's letter, feels the City should be responsible for installing sidewalks along the outlot frontages. Staff continues to recommend that the applicant provide sidewalks along the outlot frontages. This is standard practice for any other subdivision platted in Iowa City, and is only being included in the CZA because sidewalks were an issue during earlier reviews of the plat. Staff feels that the increase in the value of the subject property as a direct result of the City's construction of Scott Boulevard and the Scott Boulevard Trunk Sewer far outweighs any past donation of right- of-way or granting of easements that may have occurred. Without these two public projects, this property's value would likely be limited to agricultural or low density residential uses. In .addition, staff has already recommended that the requirement for sidewalks within the industrially zoned areas be waived and that they be provided as a public project at some point in the future. Therefore, staff proposes no changes to conditions a, b, or d with regard to sidewalks. - c. The City Attorney's office will respond to issues raised at Monday's informal meeting regarding the containment of hazardous materials. No changes have been incorporated into the CZA at this time. d. Other than sidewalk issues as discussed above, the applicant has raised no objection to this condition. No changes are proposed by staff. e. The applicant has raised concerns about building materials required for facades facing Scott Boulevard. Staff has proposed changes to this condition that would provide a little more flexibility for the Director of Planning to approve alternative building materials. To address concerns raised at Monday's informal meeting, staff proposes including Highway 6 in this provision, also; f. This condition has been modified to clarify where loading docks, etc. can be located and when they have to be screened. In response to comments at the informal meeting, this provision would apply to all commercially zoned lots rather than just those fronting on Scott Boulevard. g. This provision has been modified to address situations where a parking lot may be located adjacent to a wide right-of-way which in itself acts as a buffer for the parking lot. Five feet adjacent to the parking lot in combination with the same amount of unpaved land adjacent to it should provide adequate growing area. Trees could be planted near the property line and take advantage of soil within the right-of-way to provide an adequate root zone. Where access roads or sidewalks are located adjacent to the parking area, a 10 foot planted area would still be required. h. No changes are proposed to this condition. I. This condition has been altered to clarify where freestanding signs are permitted, and that other types of signs are permitted on individual lots within the development. If the applicant is in agreement with the conditions contained in the revised CZA, staff feels that the application is ready to be considered by the Commission. As noted in the January 1 6 staff report, staff recommends that the proposed annexation be approved, and that the rezoning be approved subject to the conditions detailed in the attached CZA. If additional changes are proposed by the applicant, staff recommends that this item~ be deferred to allow sufficient time for staff to review and com_.ment on the proposed changes. WILLIAM L. MEARDON WILLIAM F, SUEPPEL ROBERT N. DOWNER JAMES P, HAYES JAMES D. McOARRAGHER MARK T. HAMER THOMAS D. HOBART MARGARET T, LAINSON DOUGLAS D, RUPPERT PAUL J, McANDREW , ,JR, TIMOTHY J. KRUMM WILLIAM d, SUEPPEL CHARLES A. MEARDON STEVEN A, MICHALEK DAWN R. BARKER MEARDON, SUEPPEL, DOWNER & HAYES P.L.C. LAWYERS leap SOUTH LINN STREET IOWA CITY, IOWA 5:=':='40-1830 February 6, 1997 FAX: (319) 338-7250 TELEPHONE; (319) 338-SE:2a MR. SCOTT KUGLER ASSOCIATE PLANNER CITY OF IOWA CITY 410 E WASHINGTON IOWA CITY IA 52240 Re: Alvin F. and Mary Joan Streb/Scott/Six Industrial Park Dear Scott: I have now had an opportunity to review the proposed Conditional Zoning Agreement, and have discussed it with the Strebs and with Paul Anderson of MMS Consultants. As a result of our review we have the following comments: 1. With regard to subparagraph 3(a), we have been clear from the beginning that all financing would be in place to complete the entire development. However, from discussions with economic development experts, such as John Wetzel of MidAmerican Energy, it is increasingly appearing to be inadvisable to construct all of the improvements in the subdivision simultaneously. There is presently a prospect looking at 40 acres in the northeast corner of this development, which would affect the layout of Liberty Drive and Independence Road. We have no problem whatsoever with submitting a preliminary plat along the lines of the documents that have been submitted, but would not propose to final plat all of the industrial areas at this time because of the need for flexibility. However, financial assurance in the nature of a Letter of Credit would be provided to the City of Iowa City so that the City could be assured that the funds would be in place to complete the development in the event that it was abandoned by the developers. We feel that this is in the best interests of both of the Strebs and the City, as it will provide the flexibility to meet the needs of industrial prospects that might not ~fit the mold' of a completed subdivision. Mr. Scott Kugler February 6, 1997 Page 2 2. With regard to subparagraph 3(b), we know that the right-of- way for Scott Boulevard was donated by the then owners of this property, and there is also being given easements over the land for the sewer which will be in the area of the creek. The Strebs feel that the sidewalks along Scott Boulevard are primarily for the benefit of the general public and not for the benefit of the subdivision, and therefore feel that these should be constructed at the expense of the City in the outlot areas. They have no problem with the sidewalk requirements as they relate to the subdivided lots. 3. Subparagraph 3(c) is satisfactory with the understanding that storm water detention facilities under the present City Ordinance would not be sufficient to contain hazardous wastes. Storm water detention facilities, by their nature, allow water to be absorbed over time and to enter the stream, whereas a hazardous waste containment system must be impermeable. We do not feel that it is justifiable to require some type of impermeable hazardous waste containment system for the subdivision as a whole where there is a far greater probability that an accidental release of toxic materials would occur along a highway, on a bridge or at a railroad crossing. Furthermore, Snyder Creek drains a substantial portion of the present BDI Industrial Park and hazardous waste materials could enter the creek from that considerably larger industrial area. I do not agree with the statement made by Mr. Rhodes at Monday's informal meeting to the effect that "an accident will happen" with regard to a discharge of hazardous waste materials in this subdivision. It is impossible to totally prevent accidents, and there must be a reasonable relationship between the risk and the cost of protecting against or eliminating that risk. We do not feel that a containment system of the type which we understand to be advocated by Mr. Rhodes is justified or functional for this subdivision, particularly considering the fact that industry which will be locating here will be light industry. 4. The provisions of subparagraph 3(d) are satisfactory, subject to the comments set forth above with regard to sidewalks. 5. We do not, at this time, have complete comments with regard to subparagraph 3(~. The Strebs are, frankly, at something of a loss to understand why a building such as the former L. L. Pelling building located on the west side of Scott Boulevard south of the tracks would not be satisfactory in this subdivision, particularly given the existence of this structure. Further, we note that other new commercial buildings in our community, such as the new architect-designed West Music Co. building in Coralville, would not meet Mr. Scott Kugler February 6, 1997 Page 3 the criteria on building materials because of the metal surfaces. I hope to be able to get more specific comments to you shortly with regard to this point, and would welcome any other comments that you might have. 6. In subparagraph 3(0 the word "principal" is misspelled in the fourth line. Vie would also propose that the words "by a building" be stricken at the end of the first sentence. If the items referenced in this subparagraph are satisfactorily screened a building should not be required as the screen. 7. We .feel that a five-foot wide planted landscaped area should be sufficient with regard to subparagraph 3(g). Also, it would be our understanding that utility easements would not be precluded in the areas covered by the landscape beds. 8. Subparagraph 3(h) is satisfactory. 9. In subparagraph 3(i), this provision is satisfactory depending upon the size of the sign that could be utilized. Also, we would understand that the sign would be in addition to those permitted on each of the lots within the areas in question. 10. through 9. We have no requested changes with regard to paragraphs 4 I should be in the office all day today, as far as I know, except over the noon hour, and would be happy to discuss this matter with you at anytime. We recognize that a postponement of this matter may be necessary to give adequate time for a consideration of these requested changes. RND/bjf CC: Thank you ve~___muy~ur consideration. ~x'~i~y~/' y°urs'/~l`' obert N. Uowner Mr. ~d Mrs. A. F. Streb Mr. Paul Anderson SECOND DRAFT FEBRUARY 6, 1997 *DRAFT* Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and A.F. Streb (hereinafter "Owner"). WHEREAS, the Owner, A.F. Streb, has requested that the City annex and rezone approximately 140.5 acres of property located on the east side of Scott Boulevard, north of Highway 6, from County M1, Light Industrial, to C1-1, Intensive Commercial (38.93 acres) and I-1, General Industrial (101.57 acres); and WHEREAS, the proposed rezoning will allow the development of a commercial/industrial subdivision within the corporate limits utilizing City utilities and services; and WHEREAS, Iowa Code 414.5 (1995) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the adequate provision and timing of infrastructure improvements associated with the proposed development, to address the issues of storm water management, water quality and habitat reconstruction on the property in accordance with City development ordinances, and to ensure appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and WHEREAS, the Owner has agreed to use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above referenced issues. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: A.F. Streb is the owner and legal title holder of approximately 140.5 acres located on the east side of Scott Boulevard, north of Highway 6, which property is more particularly described as follows: Parcel I (to be rezoned C1-1): (legal description to be inserted here) Parcel II (to be rezoned I-1): (legal description to be inserted here) Owner acknowledges that the City wishes to ensure the adequate provision and timing of infrastructure improvements on the property, that the development of the property incorporates provisions for storm water management in such a way that water quality and habitat reconstruction are addressed in accordance with existing City development ordinances, and that the development of individual lots along Scott Boulevard occurs in a manner appropriate for this entryway into the community. Therefore, Owner agrees to certain conditions over and above City regulations in order to ensure that all infrastructure associated with the development is constructed and in place prior to the issuance of any building permits on any lots, that a stormwater management and water quality plan and landscaping plan be approved by the City prior to final plat approval, and that certain standards will be adhered to on properties fronting on Scott Boulevard to ensure development that is attractive in appearance from this entryway to the city. In consideration of the City's rezoning the subject property from M1 to C1-1 and I-1, Owner agrees that the use and development of the subject property will conform to all of the requirements of the C1-1 and I-1 zones, as applicable, as well as the following additional conditions: All infrastructure associated with the proposed development, including but not limited to streets, curbs & gutters, storm and sanitary sewers, watermains, stormwater detention facilities, and sidewalks along the frontage of all outlots, shall be installed prior to the issuance of any building permit for any lot within the subdivision. An escrow payment or letter of credit to cover the cost of uninstalled improvements may be accepted in lieu of completion of the infrastructure improvements if the City feels it is reasonable under the conditions. Sidewalks will be provided along all commercially zoned lots within the development and other areas as specifically noted on the preliminary plat, as such individual properties are developed, except as provided above in section 3a above. A stormwater management plan that addresses water quality and the re- establishment of habitat along the relocated stream corridor, if said relocation is approved by the Department of Natural Resources, shall be submitted and approved prior to final plat approval. A concept plan illustrating how this will occur shall be submitted for review with the preliminary plat. All improvements associated with land to be dedicated to the City shall be installed and approved prior to City acceptance of the proposed dedication. On lots with frontage on Scott Boulevard or Highway 6, all building elevations visible from Scott Boulevard or Highway 6 shall be primarily masonry, which may include fired brick, stone or similar material, dressed concrete block, and stucco or like material when used in combination with other masonry finish. Alternative building materials, such as architectural metals or materials used for decorative treatment, may be substituted if the Director of Planning and Community Development determines that the use of such other materials satisfies the intent of this Agreement. All elevations visible from Scott Boulevard shall have a finished facade. Rooftop mechanical devices shall be screened. On all commercialy zoned lots within the development, loading docks and receiving areas, garbage dumpsters, outdoor storage areas, mechanical equipment and other service areas and functions typically associated with the rear of buildings shall not be located in front of or along any building wall facing and visible from Scott Boulevard. or bctwecn a principlc building and Scott Boulcvard unlcss scrconed from view by a building. When located elsewhere on a lot in a side or rear yard and visible from Scott Boulevard, these items shall be screened from view with landscaping or a combination of fencing and landscaping. In addition to the requirements of the City's Tree Regulations, the periphery of all parking lots visible from Scott Boulevard shall include a 10-foot wide planted landscaped area including evergreen shrubs or a hedge. Up to 5 feet of this required landscape area may be located within a right-of-way provided that a continuous area at least 10 feet in width is maintained, free of street, access road or sidewalk paving, to allow a sufficient growing area for the landscaping to be established. Landscape beds a minimum of 5 feet in width shall be provided along at least 50% of building elevations facing Scott Boulevard, and shall be planted with a variety of evergreen and deciduous shrubbery. Freestanding signs within the development shall be limited to one located at each vehicular access point to the property from an arterial street. Individual development lots within the development may provide monument, facia, or other signs as permitted by the City's sign regulations on a lot-by-lot basis, but shall not'provide additional freestanding signs beyond that specified above. No more than one freestanding sign shall be pcrmittcd within this dcvelopmcnt per vchicular access' point onto an arterial strect. If signage is to be lighted, it shall be internally illuminated and in compliance with the City's sign regulations. The Owner agrees that each and every development within the Scott-Six Industrial Park that occurs on a lot with frontage on Scott Boulevard must submit a development concept plan to the Department of Planning and Community Development prior to development. The Director of Planning and Community Development shall review and approve the concept plan based on the criteria listed above and the City's existing development ordinances. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifications substantially satisfy the intent of the criteria. Decisions of the Director.may be appealed to the City Council upon recommendation of the Planning and Zoning Commission. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land and under Iowa Code 414,5 (1995), and that said conditions satisfy public needs which are directly caused by the requested zoning changes. The Owner acknowledges 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. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenent 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 shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all applicable local, state and federal regulations, including but not limited to Department of Natural Resources approval of the relocation of the stream corridor located on the property. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this day of , 1997. OWNER CITY OF IOWA CITY A.F. Streb By: Naomi J. Novick, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office 4 City of Iowa City MEMORANDUM Date: February 6, 1997 To: Chairman George Starr and Members of the Planning and Zoning Commission From: Sarah E. Holecek, Assistant City Attorney Re: Streb Industrial Park--Stormwater Management Plan: Toxic Spill Containment I have spoken with City Engineer Rick Fosse regarding the suggestion that additional language be added to the Conditional' Zoning Agreement regarding the stormwater management plan. Specifically, it was suggested that the language "Containment of potential spills of toxic material within the I-1 area also shall be addressed by the stormwater management plan" be added to the CZA. Mr. Rhodes states that this language envisions a series of "gates" which could be engaged to contain possible spills. Mr. Fosse advises that the Iowa Department of Natural Resources will engage in a site and use specific review for possible hazardous materials discharges/containment for permit purposes as each individual property/lot develops within the industrial park. Attempting to address a potential problem at this level is duplicative and cost inefficient, as a good deal of money would be spent designing and constructing such a system. Additionally, Rick points out that this system would create a "false sense of security"; unless a comittment of time and personnel was made to "excercise" the gates on a regular basis, they would freeze up and become disfunctional within a few years. Thus, the City Engineer advises that such a system should not be required. If you have any other questions regarding this issue, please feel free to contact me. Rick Fosse Karin Franklin Bob Miklo Scott Kugler Steve Atkins-FYI City of Iowa City MEMORANDUM Date: February 6, 1997 To: Planning and Zoning Commission From: Scott Kugler, Associate Planner Re: ANN96-0003/RE?96-0021. Scott-Six Industrial Park At the January 16 meeting, the Commission questioned whether or not a Comprensive Plan amendment is needed in association with the above referenced annexation and rezoning request. Also, staff ind|bated at that time that a draft of a conditional zoning agreement (CZA) would be available for the Commission to review before voting on the application, and that it was anticipated that the preliminary plat would be placed on the February 6 agenda to coincide with the second public discussion of the annexation and rezoning. The following adresses these items: Comprehensive Plan Amendment: Whether this application is in conformance with the Comprehensive Plan or requires an amendment to the Plan is a matter that will require some judgement on the part of the Commission and City Council. Staff feels that the proposal is in substantial conformance with the Plan and does not require an amendment, even though some deviation from the projected use of the property would occur. Staff's reasoning is detailed below. The Comprehensive Plan Land Use Map prepared for the 1989 Plan update addresses only the property that was located within the corporate limits at the time. Since the subject property is located outside the current city boundary, it was not addressed on that map. However, the Plan contains a Fringe Area 5 Study, which analyzes the area that lies east of Scott Boulevard yet within the growth area, and the most recent Fringe Area Agreement has been incorporated into the Plan. The subject property is recommended for future industrial development in both documents, as is the property to the east and south. In total, the subject property appears to represent just under one-half of the projected industrial area east of Scott Boulevard (see attached map). Approximately 38.93 acres is proposed to be zoned C1-1, Intensive Commercial, but only about 20.65 acres is actually developable. The balance will be within the street right-of- ways or dedicated to the City and eventually rezoned to P, Public. The developable portion of the proposed C1-1 zone represents just over 15% of the property being requested for rezoning, and only about 7 or 8 percent 5f the total area projected for industrial development. In terms of land area, the proposed Cl-1 zoning is not a substantial deviation from the Plan. In terms of land use, there does appear to be somewhat of a conflict between the proposed Cl-1 zone and the recommendations of the Plan. The C1-1 zone does allow some retail activities, restaurants, and auto and truck oriented uses such as drive-thru services and convenience stores. However, it also permits a number of industrial uses and other uses that are compatible with industrial development, such as warehousing, building contracods yards, and repair shops. Although it would be ideal to have this property all zoned industrial to allow the direct expansion of the industrial park, a relatively small amount of intensive commercial zoning along Scott Boulevard would not necessarily preclude the development of quality industrial uses on the balance of the land. Staff feels that the proposed rezoning does not constitute a substantial deviation from the Plan in terms of land area or land use. Conditional Zoning Agreement: Attached please find a draft copy of a CZA that, if agreed to by the developer and City Council, would result in certain additional regulations for the properties within the subdivision over and above those currently contained within the ordinance. Preliminary Plat: Staff intended to bring the preliminary plat to the Commission for review coincident with the second meeting on the rezoning and annexation. However, the plat contains a number of deficiencies, and other items such as the stormwater quality and management concept plan, have not yet been addressed by the applicant. The applicant has received a number of staff comments that still need to be addressed. Therefore, the applicant has decided to defer consideration of the plat until the February 20 meeting. However, the review and recommendation of the annexation and rezoning can still occur at the February 6 meeting. Deferring the plat will not result in any lost time for the applicant because Council will not be able to consider the plat until the annexation and rezoning is approved. Because approval of a plat is a much shorter process, it can easily be caught up to the annextion and rezoning at the Council level so that approval of all three items can occur at the same meeting. Therefore, staff recommends that if the Commission is ready to vote on the annexation and rezoning that it do so, and the preliminary plat can be reviewed at a future P&Z meeting, possibly at the February 20 meeting. Attachments /streb,doc LAND USE CONCEPT PLAN Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and A.F. Streb (hereinafter "Owner"). WHEREAS, the Owner, A.F. Streb, has requested that the City annex and fezone approximately 140.5 acres of property located on the east side of Scott Boulevard, north of Highway 6, from County M1, Light Industrial, to C1-1, Intensive Commercial (38,93 acres) and I-1, General Industrial (101.57 acres); and WHEREAS, the proposed rezoning will allow the development of a commercial/industrial subdivision within the corporate limits utilizing City utilities and services; and WHEREAS, Iowa Code 414.5 (1995) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the adequate provision and timing of infrastructure improvements associated with the proposed development, to address the issues of storm water management, water quality and habitat reconstruction on the property in accordance with City development ordinances, and to ensure appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and WHEREAS, the Owner has agreed to use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above referenced issues, NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: A.F. Streb is the owner and legal title holder of approximately 140.5 acres located on the east side of Scott Boulevard, north of Highway 6, which property is more particularly described as follows: Parcel I (to be rezoned C1-1): (legal description to be inserted here) Parcel II (to be rezoned I-1): (legal description to be inserted here) Owner acknowledges that the City wishes to ensure the adequate provision and timing of infrastructure improvements on the property, that the development of the property incorporates provisions for storm water management in such a way that water quality and habitat reconstruction are addressed in accordance with existing City development ordinances, and that the development of individual lots along Scott Boulevard occurs in a manner appropriate for this entryway into the community. Therefore, Owner agrees to certain conditions over and above City regulations in order to ensure that all infrastructure associated with the development is constructed and in place prior to the issuance of any building permits on any lots, that a stormwater management and water quality plan and landscaping plan be approved by the City prior to final plat approval, and that certain standards will be adhered to on properties fronting on Scott Boulevard to ensure development that is attractive in appearance from this entryway to the city. In consideration of the City's rezoning the subject property from M1 to C1-1 and I-1, Owner agrees that the use and development of the subject property will conform to all of the requirements of the C1-1 and I-1 zones, as applicable, as well as the following additional conditions: All infrastructure associated with the proposed development, including but not limited to streets, curbs & gutters, storm and sanitary sewers, watermains, stormwater detention facilities, and sidewalks along the frontage of all outlots, shall be installed prior to the issuance of any building permit for any lot within the subdivision. An escrow payment or letter of credit to cover the cost of uninstalled improvements may be accepted in lieu of completion of the infrastructure improvements if the City feels it is reasonable under the conditions. Sidewalks will be provided along all commercially zoned lots within the development and I other areas as specifically noted on the preliminary plat, as such individual properties are developed, except as provided above in section 3a above. A stormwater management plan that addresses water quality and the re- establishment of habitat along the relocated stream corridor, if said relocation is approved by the Department of Natural Resources, shall be submitted and approved prior to final plat approval. A concept plan illustrating how this will occur shall be submitted for review with the preliminary plat. All improvements associated with Outlots A and B shall be installed and approved prior to City acceptance of the proposed dedication of said outlots. On lots with frontage on Scott Boulevard, all building elevations visible from Scott Boulevard shall be masonry, which may include fired brick, stone or similar material, dressed concrete block, and stucco or like material when used in combination with other masonry finish. Alternative building materials may be substituted if the Director of Planning and Community Development determines that the use of such other materials satisfies the intent of this o Agreement. All elevations visible from Scott Boulevard shall have a finished facade. Rooftop mechanical devices shall be screened. Loading docks and receiving areas, garbage dumpsters, outdoor storage areas, mechanical equipment and other service areas and functions typically associated with the rear of buildings shall not be located along any building wall facing Scott Boulevard or between a principle building and Scott Boulevard unless screened from view by a building. When located in a side yard and visible from Scott Boulevard, these items shall be screened from view with landscaping or a combination of fencing and landscaping. In addition to the requirements of the City's Tree Regulations, the periphery of all parking lots visible from Scott Boulevard shall include a 10-foot wide planted landscaped area including evergreen shrubs or a hedge. Landscape beds a minimum of 5 feet in width shall be provided along at least 50% of building elevations facing Scott Boulevard, and shall be planted with a variety of evergreen and deciduous shrubbery. No more than one freestanding sign shall be permitted within this development per vehicular access point onto an arterial street, If signage is to be lighted, it shall be internally illuminated and in compliance with the City's sign regulations. The Owner agrees that each and every development within the Scott-Six Industrial Park that occurs on a lot with frontage on Scott Boulevard must submit a development concept plan to the Department of Planning and Community Development prior to development. The Director of Planning and Community Development shall review and approve the concept plan based on the criteria listed above and the City's existing development ordinances. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifications substantially satisfy the intent of the criteria. Decisions of the Director may be appealed to the City Council upon recommendation of-the Planning and Zoning Commission. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land and under Iowa Code 414.5 (1995), and that said conditions satisfy public needs which are directly caused by the requested zoning changes. The Owner acknowledges 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. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenent 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 Dated shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all applicable local, state and federal regulations, including but not limited to Department of Natural Resources approval of the relocation of the stream corridor located on the property. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. this day of , 1997. OWNER CITY OF IOWA CITY A.F. Streb By: Naomi J. Novick, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office 4 January 30, 1997 CITY OF I0 WA CITY Sally Stutsman, Chair Johnson County Board of Supervisors 913 S. Dubuque St. Iowa City, IA 52240 Re: Extension of Fringe Area B Extraterritorial Review Area. Dear Ms. Stutsman and Members of the Board: Questions have been raised about Iowa City's intentions regarding the extension of its extraterritorial review area within Fringe Area B relative to the Streb annexation request. Staff has not fully analyzed whether or not an extension of the review area at this time would be beneficial, and the issue has not yet been discussed by the Planning & Zoning Commission. To this point, no extension of the review area is being proposed. The Fringe Area Agreement requires that the City notify the County prior to extending the review area. Staff plans to discuss this issue and have a recommendation available for consideration by the Planning & Zoning Commission for its February 20 meeting. A copy of this recommendation will be forwarded to the Board as soon as it is available. At this point, I do not know whether staff is likely to recommend the extension or not. While the property that would be affected is not within the current adopted growth boundaries for Iowa City, it does encompass a portion of the Snyder Creek watershed, which the City has an interest in protecting, and property along Highway 6, for which the control of access may be an issue. At this time, no extension of the review area is being proposed, but this issue will be considered in the near future. The.City will keep the Board apprised of its intentions regarding the extension of the review area for Fringe Area B in conformance with the Fringe Area Agreement. Sincerely, Scott Kugler Associate Planner Planning &.Zoning Commission Karin Franklin Bob Miklo CIVIC CENTER · 410 E. WASHINGTON ST, IOWA CITY IOWA 52240-1826 PHONE (319) 356-5000 FAX(319) 356-5009 STAFF REPORT To: Planning and Zoning Commission Item: RF?96-0021/ANN96-0003. Scott-Six Industrial Park - Scott Boulevard GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Prepared by: Scott Kugler Date: January 16, 1997 A.F. Streb 703 Benton Court Iowa City, IA 52246 Phone: 338-4770 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Voluntary annexation and rezoning from County Light Industrial (M1) to Intensive Commercial (C1-1) and General Industrial (i-1). To subdivide and develop the property for commercial and industrial uses within the Iowa City corporate limits. On the east side of Scott Boulevard, north of Highway 6. Annexation area - 140.5 acres; proposed C1-1 area - 38-93 acres; proposed I-1 area - 101.57 acres. Agricultural; M1, Light Industrial North: Residential, agricultural; East: Agricultural; South: Agricultural; West: Industrial, I-1. The Fringe Area 5 Study contained in the Comprehensive Plan identifies this area for future industrial development. Fringe Area 5 as defined in the Comprehensive Plan is contained within Applicable Code requirements: File date: 45-day limitation period: SPECIAL INFORMATION: Public Utilities: Public Services: Transportation: Physical Characteristics: Sensitive Areas Ordinance: area as the site for additional industrial development. 14-6E-4, Intensive Commercial Zone (C1-1); 14-6H-1, General Industrial Zone (I-1) December 26, 1996 February 10, 1997 Upon annexation and construction of the Scott Boulevard Trunk Sewer, sanitary sewer and water will be available. to the site. The Scott Boulevard Trunk Sewer is scheduled for construction in the 1997 construction season. Police and fire protection will be provided by the City provided the annexation request is approved. Refuse collection would have to be handled by a private hauler for commercial and industrial uses. The property is bordered by three arterial streets; Scott Boulevard, Highway 6, and 420th Street (listed as a future arterial in the City's arterial street plan). The nearest regular transit route stops at the Bon Aire Mobile Home Court. The property is generally flat and contains a stream corridor along its western edge, as well as a small area of wetlands. The trees that once lined the stream corridor have recently been cleared. In addition, there are areas of hydric soils scattered throughout the eastern portion of the site. Due to the presence of the stream corridor and hydric soils, a Sensitive Areas Site Plan will be required prior to development. The applicant has received confirmation that the wetlands that exist on the property are less than one acre in size and can therefore be disturbed under a nationwide permit from the Army Corps of Engineers. Activities that are allowed under a nationwide permit that impact less than one acre of a wetland are not subject to review under the Sensitive Areas Ordinance. BACKGROUND INFORMATION: The applicant, A.F. Streb, is requesting annexation of approximately 140.5 acres located on the east side of Scott Boulevard, north of Highway 6, and rezoning of the property from County M1, Light Industrial, to C1-1, Intensive Commercial, and I-1, General Industrial. Approximately 38.93 acres located along Scott Boulevard is being requested for C1-1 zoning, with the balance (101.57 acres) to be zoned I-1. According to a revised preliminary plat that has also been filed for this property, the C1-1 area includes two outlots totaling 16.42 acres that contain a stream corridor and are designated as open space, reducing the developable commercial land to 22.51 acres. This figure also includes street right of way, which if removed results in a total of 20.65 acres of developable lot area within the C1-1 zone. A preliminary plat had been filed previously for this property with the intent to develop it in Johnson County. At its October 17, 1996, meeting, the Planning and Zoning Commission recommended denial of the plat based in part on technical deficiencies and design issues associated with the plat. Since that time, the applicant, City staff, and City Council have been discussing the possibility of annexation and development of the property within the corporate limits. At its December 16, 1996, work session, Council and the applicant agreed in principle to the annexation and rezoning proposal that is the subject of this application. Basically, the Council agreed to consider C1-1 zoning along Scott Boulevard if the entire property is annexed and all infrastructure is constructed in one phase. The applicant would then be able to take advantage of City utilities such as sanitary sewer and water, as well as City police and fire protection. Development of each lot within the subdivision would be required to meet City standards. The revised preliminary plat for this property is currently being reviewed, and staff hopes to place it on the Commission's February 6 agenda for consideration concurrent with the second public discussion on the annexation/rezoning proposal. ANALYSIS: The proposed annexation will be reviewed with respect to the annexation policies contained in the Comprehensive Plan. The proposed rezoning will be reviewed in terms of its consistency with the Comprehensive Plan, its relationship to the surrounding area, its conformance to the requirements of the Sensitive Areas Ordinance, and the adequacy of the existing infrastructure and proposed improvements to the infrastructure to accommodate the proposed development. Request for Voluntary Annexation of Approximately 140.5 Acres: The Comprehensive Plan Annexation Policy states that petitions for voluntary annexations should be considered favorably when City regulations are adequate to deal with any unusual conditions that exist within the annexation area, and when "(1) the area under consideration falls within the future service area of the City and sanitary sewer capacity is presently available, (2) development in the area will fulfill an identified need without imposing an undue financial burden on the City, or (3) control of development at entryways to the community is in the City's best interest." Unusual conditions present on the property might include environmentally sensitive features as detailed below, for which the City has an ordinance in place to address. Other development issues should not be substantially different from those that are dealt with in other commercial or industrial areas already located within the corporate limits. Regarding the other three criteria upon which to judge an annexation request, staff feels that this application is consistent with all three. (1) The property does lie within the currently adopted growth area, and sanitary sewer capacity will exist in the near future upon construction of the Scott Boulevard Trunk .Sewer. (2) The need for future industrial land within the City has been well documented within the Comprehensive Plan, and the need perceived by staff and City Council is one of the reasons that the above mentioned negotiations occurred, resulting in the present application being considered by the Commission. Construction of the Scott Boulevard Trunk Sewer is scheduled for the 1997 construction season and does represent a significant public expense, but one that the City had decided to make prior to the proposed application. (3) The City has made a 'concerted effort in the last few years to improve the appearance of development along entryways into the community. Both Highway 6 and Scott Boulevard can be considered entryways currently, and 420th Street is to be a future arterial street which will connect to Taft Avenue and serve future development east of the current corporate limits. It is in the City's best interest to have these properties developed under City design standards which require trees and control signs and the design and location of other improvements on each property, rather than under County design standards. Staff feels that the proposed annexation is consistent with the annexation policies contained within the Comprehensive Plan, and recommends that the annexation be approved. Proposed Rezoning from County M1 to C1-1 (38.93 Acres) and I-1 {101.57 Acres): Comprehensive Plan: The Fringe Area Land Use Map contained in the Comprehensive Plan identifies this area as an area for future industrial development. Given its proximity to the BDI Industrial Park and its access to the arterial street system, it would seem to be a logical location for industrial development. However, the proposed zoning plan includes 38.93 acres to be zoned C1,1, Intensive Commercial. While this is a commercial zoning classification and allows some retail uses, restaurants, offices, convenience stores, and other "commercial" uses, it also permits many "quasi-industrial" uses which would not necessarily be considered incompatible with industrial uses, such as repair shops, warehousing, and building contractor facilities. Although allowing some commercial zoning along Scott Boulevard would be less than ideal in terms of the expansion of the industrial park to the east, it does not necessarily preclude the development of a quality industrial park on the eastern portion of this tract. Staff does not feel that the requested C1-1 zoning 5 is unreasonable given the applicant's development desires and the City's desire to incorporate this property through voluntary annexation. The City will benefit through increased tax revenues from the property and by having available industrial land, and the applicant will be able to develop commercial uses on a portion of the property as desired. The applicant is proposing to dedicate Outlots A and B, containing the stream corridor and the site of the planned Scott Boulevard Trunk Sewer, to the City. Staff feels this would be acceptable provided all improvements to the. outlots, including provisions for storm water management, water quality, habitat reconstruction, sidewalks, and landscaping, as discussed below, are installed prior to acceptance. Relationship to Surrounding Area: This property is located directly east of the BDI Industrial Park. The Comprehensive Plan and Fringe Area Agreements between the City and the County have long identified this property as an opportunity for future industrial growth. Given the fact that it is surrounded on three sides by railroad tracks and arterial streets, and that plans for the future industrial use of this land have been City policy since the early 1980s, staff does not feel that development of industrial uses on this property will have a substantial adverse impact on the surrounding properties. Sensitive Areas Ordinance: A Sensitive Areas Site Plan and Grading Plan are required in association with this development, and must be submitted and approved prior to Council consideration of the preliminary plat. However, many of the issues associated with the application of the Sensitive Areas Ordinance (SAC) on this property greatly affect the design and layout of the development, and staff feels that discussion of these issues is appropriate at this time. The applicant intends to relocate the stream corridor on this property, which is not explicitly permitted by the Sensitive Areas Ordinance. The SAC emphasizes the preservation of existing environmental features rather than removal or relocation and enhancement of these features, but does allow some uses within protected areas and their buffers, and exempts other uses from the provisions of the Ordinance. Essential public utilities, including storm water detention facilities, are permitted uses provided that they are designed to minimize their impact on the protected sensitive areas and associated buffers. At this time, no storm water detention facilities are being proposed by the applicant, but it is likely that at least one, if not more, will be required as a result of preliminary plat review. The question then becomes whether or not what is being proposed minimizes the impact on the stream corridor and buffer. Another factor to be considered is the quality of the stream corridor at the present time. Due to the removal of all of the vegetation from the banks of the stream and the grading that has already occurred on the property, the functions of the stream in terms of wildlife habitat and water quality are minimal. The only real value of the stream at the present time seems to be as a drainageway. The applicant wishes to relocate the stream corridor to allow more buildable lot area along Scott Boulevard. The Department of Natural Resources must approve the proposed relocation, but its review appears to be based mainly on the flood carrying capacity of the drainageway, not on its impact on water quality or wildlife habitat. If the stream relocation is not approved by both the City and the DNR, there is little incentive for the applicant to make any improvements to the drainageway. Staff feels that if the stream relocation and reconstruction includes a plan to improve water quality and replace the habitat previously lost in the area, the value of the stream corridor will be improved over what exists today, and the overall impact of construction activities on the value of the stream corridor.can be minimized. The actual environmental resource, rather than being destroyed, will be replaced elsewhere on the site. The value of the stream corridor passing through the property in terms of water quality and wildlife habitat will be improved, and over the long term the quality of the stream corridor may approximate or exceed that which existed prior to development activities on the property. Staff recommends that the Conditional Zoning Agreement require a storm water management plan, addressing water quality and habitat reconstruction along the relocated stream corridor, prior to final plat approval. A concept plan indicating how this may be carried out should be provided in association with the preliminary plat. The Sensitive Areas Inventory, Phase I Map indicates that potential wetlands may exist on the property, and that other areas of fully hydric soils exist, requiring that wetland verification take place on the property. The attached letter from Wayne Peterson of the Johnson County Soil & Water Conservation District indicates that the areas of fully hydric soils are prior converted wetlands and not subject to federal regulation, and that a small portion of the site along the stream corridor is a wetland, but is less than one acre in size and would therefore not be protected by the Army Corps of Engineers. The attached letter from the Corps verifies that disturbance of the wetland would be permitted under nationwide permit 26, and therefore is not subject to the requirements of the Sensitive Areas Ordinance. The presence of fully hydric soils may require alternative street construction methods in some areas of the site. Public Works will determine this when reviewing the Sensitive Areas Site Plan and construction drawings. Infrastructure: The subject property is bordered by three arterial streets and the Iowa Interstate Railway, which should provide adequate access from the proposed commercial and industrial development to the regional transportation system. The future extension of Scott Boulevard north to Highway 1, and the eventual improvement of 420th Street and Taft Avenue should further improve access to this property by providing better access to Interstate 80. In terms of transportation, the existing and planned infrastructure in this area appears to be adequate to accommodate commercial and industrial development, The Scott Boulevard Trunk Sewer is scheduled for construction in the 1997 construction season. When completed, it will provide adequate capacity to accommodate commercial and industrial development on this property. Easements for the proposed sewer will be dedicated on the plat associated with this application. The preliminary plat that has been filed does not address the issue of storm water management. This will be required as part of the preliminary plat approval process. The displacement of the stream bed and the removal of vegetation that has previously occurred raise questions about water quality, also. Storm water management and quality will have to be incorporated into the Sensitive Areas Site Plan and grading and construction plans associated with the preliminary and final plats for this property. Staff recommends that the Conditional Zoning Agreement incorporate a requirement for an acceptable water quality and storm water management plan prior to final plat approval, and installation of the improvements prior to City acceptance of the two outlots intended to be dedicated to the City. A four-foot wide sidewalk will be required along the east side of Scott Boulevard, as well as along other streets within the development where commercially zoned lots will exist. The Conditional Zoning Agreement and subdivision legal papers should address the installation of sidewalks along the outlot frontages at the time of street construction. Other segments of the required sidewalks will be installed as properties develop. Sidewalks on at least one side of the streets in the industrially zoned area are needed. This could be done as a public project at some point in the future as the industrial park develops. Scott Boulevard Design Issues: Staff is concerned about the lot configuration and proposed commercial zoning along Scott Boulevard and its potential impact on the appearance along Scott Boulevard, an*arterial street and "entryway" into Iowa City. Plats that have been proposed by the applicant included double frontage lots and strip lots that front on Scott Boulevard rather than a side street. The current proposal includes four lots that front only onto Scott Boulevard (all of which are to share a single access) and a Iccp street that is to provide access to 1 1 lots, four of which will also have frontage on Scott Boulevard. Staff is concerned about the appearance of development on these lots if attention is not paid to the design of the Scott Boulevard frontage of these properties. Therefore, staff feels that it would be appropriate to include in the Conditional Zoning Agreement standards for the commercial lots that have frontage on Scott Boulevard to help ensure development appropriate for this entryway, since commercial development in this area is not fully in conformance with the recommendations of the Comprehensive Plan. Specific design issues that should be addressed include building orientation toward Scott Boulevard, the location of loading docks, garbage dumpsters, outdoor storage areas and mechanical equipment away from the Scott Boulevard side of the buildings, screening of these areas where visible from Scott Boulevard, landscaping around parking lots visible from Scott Boulevard and along a portion of the base of building facades, and limitations on freestanding signs. Similar conditions have been placed on other properties that have recently been developed along other entryways, and staff feels that they are appropriate here as well. The proposed preliminary plat contains a Iccp street at the northeast corner of the site. The north intersection of this street with Scott Boulevard is located very close to the existing intersection of Scott Boulevard and Heinz Road. Given the level of traffic that could be generated by the 1 1 commercial lots being proposed, and given the City's policy of minimizing access points along arterial streets, the Transportation Planning Division recommends that the north access point not be approved as designed. Previous concept plans submitted to staff included one design which contained a cul-de-sac at the north end of this street, yet allowed the properties at the end of the street to orient their sites toward Scott Boulevard. Staff feels this design is preferable to the Iccp street being proposed. Another option would be to line up the proposed north access point with the existing Heinz Road. However, this option would likely result in the loss of one or more lots along the Iccp street. When the preliminary plat is reviewed, staff will recommend that the north access not be approved as currently being proposed. 8 STAFF RECOMMENDATION: Staff recommends that ANN96-0003 a request for annexation of approximately 140.5 acres located east of Scott Boulevard, north of Highway 6, be approved. Staff recommends that REZ96-0021, a request to rezone approximately 140.5 acres from County M1 to C1-1 (38.93 acres) and I-1 (101.57 acres) for property located east of Scott Boulevard, north of Highway 6, be approved subject to a Conditional Zoning Agreement addressing the following: 1) Requiring that the applicant install all infrastructure associated with the proposed development prior to building permits being issued for any lot within the subdivision; 2) Requinng 'that sidewalks be installed along all streets fronting commercially zoned lots as individual properties are developed; 3) Requiring that the developer install sidewalks along the outlot frontages prior to the acceptance of other infrastructure improvements; 4) Requinng that an acceptable storm water management plan, addressing water quality, .be approved prior to final plat approval; 5) Requinng that an acceptable landscaping plan, including habitat reconstruction along the relocated stream corridor, be approved prior to final plat approval; 6) Requinng installation of improvements on Outlots A and B as specified in the required storm water management plan and the landscaping plan prior to City acceptance of the outlots; and 7) Requiring that design standards addressing the following issues be applied to all lots fronting on Scott Boulevard: a. Building design as seen from Scott Boulevard; b. The location of loading docks, garbage dumpsters, outdoor storage areas, and other service areas or equipment typically located at the rear of a building away from the Scott Boulevard side of the site, and screening for these items when visible from Scott Boulevard; c. Landscaping installation around all parking lots where visible from Scott Boulevard; d. Landscaping installation along a portion of the base of any building facade facing Scott Boulevard; e. Limitations on freestanding signs, and encouraging monument or facade signs instead. ATTACHMENTS: 1, 2. 3. 4. 5. 9 Location Map. Rezoning Exhibit. Draft Version of the Preliminary Plat. Letter from Wayne Peterson Regarding Wetland Verification, Letter from Army Corps of Engineers Regarding Proposed Wetland Disturbance. Approved by: Robe r~Se nio~r Planner Department of Planning and Community Development bore t.~f? SEC. FND 5/8" I. PINI NW CORNER SEC. 19-T79N-R5W FND CUT "X" S87'30'1 S88'43'( N 1/4 CORNEl SEC. 19-T79N- FND SCM 2709,91' S88'43', 2634,§~ E 1/ SEC, 19 -- I I-1 ZONE REZONING AREA 101.57 ocres I I I '.-~ / ',......-... ! SW CORNER SEC, 19-T79N-RSW FND 5/8" REBAR ,5 = 03'0T08" R ~ 300.00' T = 8.17' L = 16.33' CH ~ 16.33' 501'12'12"W S89'38'37"W 1380.99' 590,89' S89'38'3T'w 6 70.00' o o t~ S 1/4 CORNER SEC. 19-T79N-R FND 1/2" REBAt / / .I I' LOCATION MAP ANNg6-000~ & REZ~O-OOZI SCOTT-SIX INDUSTRIAL PARK I I I SITE LOCATION ./ / Johnson County Soil & Water Conservation District 238 Stevens Icwc: Cffy, IA 52.240-,~,.53 Telephone (3191 337-2322 Fox (319) 358-9521 TO: A1 Steb, President, Streb Construction Co., Inc F1EO)I: Wayne Petersen. District Conservationist,. NILCS, Johnson SWCI) DATE: ' 5/23/96 RE: ¥Vetland Determination Mr, Streb~ I have reviewed your property at the corner of Highway 6 and Scott Blvd. for wetland potentials. The main hydric soil of concern on this tract is Sperry Silt Loam (19.'2). Wetland characteristics are often associated with this soil unless tile drainage has been installed. The Sperry soils on your land has been patterned tiled prior to 198.5, making this area a Prior Converted Wetland, and not subject to the Swampbuster Clause of the 198.5 Farm Bill. The only other area of concern was a small depressions] area along the highway that most likely meets the wetland criteria. However. since the area is less than an acre in size it would be covered under the C.O.E. Nationwide Permit 9.6, which allows the f~H~ng or conversion of wetlands less than 1 acres in size. The Corp' of En~neers determined that the non-cropped area adjacent to the creek on your property did not mee~ wetland criteria, so wetlands are not present to affect the land use changes you have planned. S %~ere ly, ~ . Johnson SVv'CD ,¥11SSION: Ta ~.romoJe Ihe ',vts,e use o! $o~1 and water resources, OF' DEPARTMENT OF THE ARMY ROCK ISLAND DISTRICT, CORPS OF ENGINEERS CLOCK TOWER BUILDING-- P.O. BOX 2004 ROCK ISLAND, ILLINOIS 61204-2004 Operations Division November 19, 1996 SUBJECT: CENCR-OD-S-327180 Mr. A. F. Streb 703 Benton Court Iowa City, Iowa 52246 Dear Mr. Streb: Our office reviewed your application dated October 31, 1996, concerning your proposed stormwater detention basin for a new commercial/industrial development along two tributaries of Snyder Creek in Section 19, Township 79 North, Range 5 West, Iowa City, Johnson County, Iowa. Your project is covered under Item 26 of the enclosed Fact Sheet No. 3(IA), provided you meet the permit conditions for the nationwide permits which are also included in the Fact Sheet. We based this determination on the information furnished us. The Iowa Department of Natural Resources (IDNR) also issued Section 401 Water Quality Certification for this nationwide permit. This verification is valid for.two years from the date of this letter unless the.nationwide permit is modified, reissued, or revoked. It is your responsibility to remain informed of changes to the nationwide permit program. A public notice announcing any changes will.be issued if and when they occur. If the activity is not undertaken within the 'two year period, or the project specifications have changed, you must immediately notify this office to determine the need for further approval or reverification. If you commence or are under contract to commence this activity. prior to the date the'nationwide permit is modified or revoked, you will have twelve (12) months from this date to complete the activity under the present terms and conditions of this nationwide permit. Although an individual Department of the Army permit and individual IDNR 401 certification will not be required for the project, this~.does not eliminate 'the requfrement that you must still acquire other applicable Federal, state, and local permits. Please contact the Iowa Department o.f Natural Resources in writing or telephone 515/281-8693 to determine if any other State permits are required. -2- Should you have any questions, please contact our Regulatory Branch by letter, or telephone Mr. Gene Walsh, 309/794-5674. Sincerely, .~D~nna M. 5ones, P.~. Chief, Enforcementv Section Regulatory Branch Enclosure Copies Furnished: Mr. Jack Riessen (2) Iowa Department of Natural Resources Flood Plain Section Henry A. Wallace Building 900 East Grand Avenue Des Moines, Iowa 50319-0034 (w/o enclosure) Mr. Paul Anderson MMS Consultants 1917 South Gilbert Street Iowa City, Iowa 52240 (w/o enclosure) Johnson County IOWA ~ 1 Sally Stutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonathan Jordahl Stephen P. Lacina BOARD OF SUPERVISORS CITY MANAGER'S OFFICE February 13, 1997 Naomi Novick Mayor 410 East Washington Street Iowa City, Iowa 52240 Dear Mayor Novick: On Thursday, February 6, 1997, the Johnson County Board of Supervisors invited Karin Franklin, Director, POD, to explain in detail the annexation of the A1 Streb property into Iowa City. At that time Karin explained Iowa City's plan for the area as well as the impact it will have on Johnson County. One of the main concerns of this annexation was the impact on 420th Street, a seal coat road in Johnson County. On February 7, 1997, we received a copy of a memo from Karin to the Iowa City Council and City Manager. Upon .reviewing the memo, we agree with the five points she outF, nes. Witkout revisiting the memo, this letter will serve as a letter of support for the annexation of the Streb property as presented. Please keep in mind the following suggestions listed below regarding the support of the Johnson County Board of Supervisors. Before the area would be considered for a TIF area we would like to be involved in determining the TIF. We 'ask that Iowa City work with the County to voluntarily annex the property to the south for the necessary land to reconstruct 420th Street to Iowa City design standards. 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: 019) 356-6000 FAX: 019) 356-6086 Naomi Novick Page 2 February 13, 1997 The TIF should also be looked at to not only reconstruct 420th Street but also to defray the costs of construction on Taft Avenue because this would be the shortest route to 1-80. If at some point either the City or the Department e.f Transportation determines the need fbr a traffic signal at the intersection of 420th Street and Highway 6, the County would not be expected to share this expense. We would like to thank Iowa City for allowing us to comment on this annexation. We appreciate Karin Franklin taking the time to share with us the City's plan for the area. Sincerely, Sally~Stu~t~man Chairperson cc: Karin Franklin, Director for Planning & Community Development The following materials regarding this item were submitted by neighboring property owners or other interested persons. 201,4. Rocl'leSl:,er' Ave. Iowa C L t,y., [A 52245 5 February 1997 George Starr, Chair'mar~ Iowa City P],ar'H']ir'lg and Zon±ng Corru'lli,ssz. or~ 4].0 East Wasl~Lr]gton S'l:.reet [~wa City [A .5,,°..240 RE:: ANNO6'"OOO3/REZ96.-,.OO2L. Scott",.$ix [r~dLI,stF'~,al Park Pleas,:!: distF'~.but;e to Plann'ir:lg ,:~nct Z,::x"l~ng Commi.,:!~.sion members and r',~;lev,,.~r~t Ci[l:,y st.a f'¢ (Char"l ir~. OeFlney, Helody R<:x;kk,,:? t 1.., Sob Id:[k].o, Sarah Hol~:cek., e'l:,c. ). Mr" Starr: As ~ resriffled at,'. the .L6 ,Tan, 1997, Plarming & Zoning Comm~.s,~!~'~or-i meeting, the provi.sions for' st:,orm~ater ~ater' quaL:~ty ~l,:~lqagem~Flt ar'e oF the u't;mos~ ~.mpor'tar~ce in this subdiv;~.s.~on, Thks is particular'].y critical for' the area :~oned ~...,L, Here we ~:[11 have uses ~hich, over-the indefir]it, ety long l:if*~ of the industrial park, will have small but fini'te chances of generating spills of toxic materim.Is. S:ince the City o'f Io~a City is obliged to pr'otect the wetland resour'ces of the Shydec Creel< 8ottorlls, which are downstream from this industrial par'k, tiqer'e must be an integrated p].an for the entire industr"~.al area Nhich ~il.]. allo~ i'aolatior'~ o'fi potential spills from the main stem creek. Z't has been the City's practice in the past to allok, 'flow....through' storm~ater deter'trion in larger drainageways uhich cross a development. This management strategy ~ould preclude isolation of toxic; spills here (over' 2.5 square miles, drain through this subdivision above the Highway 6 culvert) and should be explicitly prohibited for" the industrial area by the Conditior~al Zoning Agreement for' thi. s subdivision.. To avoid this problem., I suggest amendment of paragraph 3c) in a way similar' to the below (bold := new language): "3c) a stormuater ~.. plat approval, Containment of potential spills of toxic materials sitbin the I-1 area also shall be addressed by the stormeater management plan. A concept Thank you for your cor~sideration of thi,s suggestiol?. Sincerely, Richard S Rhodes I.[ Form 631.1 NOTICE OF PUBLIC HEARING BUDGET ESTIMATE Fiscal Year July 1, 1997 - June 30, 1998 City of Iowa City, Iowa The City Council will conduct a publi~ hearing on the proposed 1997 - 1998 Budget at the Civic Center, 410 E. Washington St. on February 25, 1997 at 7:00 o'clock p.m. The Budget Estimate Summary of proposed receipts and expenditures is shown below. Copies of the detailed proposed 1997 - 1998 Budget may be obtained or viewed at the offices of the Mayor, City Clerk, and at the Library. The estimated Total tax levy rate per 91000 valuation on regular property is .... 912.7962 The estimated tax levy rate per 91000 valuation on Agricultural land is ............ ~ 3.00375 At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget. ,1997 Is/ ~ City Clerk -/~~ REVENUES & OTHER FINANCING SOURCES Taxes Levied on Property Less: Uncollected Property Taxes-Levy Year Net Current Property Taxes Delinquent Property Taxes TIF Revenues Other City Taxes Licenses & Permits Use of Money & Property Intergovernmental Charges for Services Special Assessments Miscellaneous Other Financing Sources Total Revenues & Other Sources EXPENDITURES & OTHER FINANCING USES Community Protection (police,fire,street lighting, etc.) Human Development (health, library, recreation, etc.) ~1ome & Community Environment (garbage, streets, utilities, etc.) Policy & Administration (mayor, council, clerk, legal, etc.) Non-Program Total Expenditures Less: Debt Service Capital Projects Net Operating Expenditures Transfers Out Total Expenditures/Transfers Out Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Beginning Fund Balance July 1 Ending Fund Balance June 30 Budget Re-estimated Actual FY 1998 FY 1997 FY 1996 1 20,424,857 19,766,220 19,193,169 2 3 20,424,857 19,766,220 19,193,169 § 62,000 62,000 55,164 6 456,000 440,000 461,445 7 543,200 581,450 559,452 8 2,860,612 3,038,274 4,424,769 9 15,306,700 21,158,327 15,718,322 10 29,302,802 27,601,552 25,585,849 11 52,099 12 3,352,959 1,632,673 2,758,528 13 110,118,279 73,763,487 58,436,008 14 182,427,409 148,043,983 127,244,805 15 11,148,317 11,054,763 10,160,176 16 29,899,831 9,856,242 7,367,017 17 76,462,842 84,860,414 84,638,307 18 5,788,065 6,339,908 6,913,042 19 0 2O 123,299,055 112,111,327 109,078,542 21 11,472,254 8,814,941 46,938,255 22 60,427,287 49,677,856 12,458,960 23 51,399,514 53,618,530 49,681,327 24 57,825,978 59,312,716 34,131,923 25 181,125,033 171,424,043 143,210,465 26 1,302,376 (23,380,060) (15,965,660) 27 50,466,252 73,846,312 89,811,972 28 51,768,628 50,466,252 73,846,31 2 :'February 19, 1997 Steve Atkins, City Manager""' City Council " City of iowa City- Civic Center ' 410E. Washington St. Iowa.city, IA 52240 ' Dear Steve ~t Members of the Council, 'CITY'MANAGER'S OFFICE 'Enclosed please find.informatiOn regarding.the-Iowa.City. Road Races, Inc., and the iowa City Hospice Road Races. A~ you a~e aware, the ICRR has a .$5,O00 .request before council for' FY 1'.998~ .The use of those :funds was outiined in my letter:earl.ier letter to' you; event promotion, .support. for our. fund raising 'effort .in 'our community and local artist. support ...... ! have' included a Question 6: Answer component,.F.Y '1996 Review ' .Documentation and other, miscel!,ineous documents.to further clarify' the role mat the '. Iowa City Road Races plays in. the community,' ! urge you to.give .this 'funding req.uest your · every consideration.as this' 0rganizat!on.'k in need of Support to attract individuals to' OUr .. .... "community and.to raise vitally needed Clollars for'the..agencies of united Way.' Our gbals . are extremely ambitious' for ~he' next race. to be .held' 'on .Sunday, 'O.c~ober. t'9, 1'997." · We stand :.ready to meet with you .at anytime should' you .reqtiire any further' clarificatiom " .'Peg .Fraser~ CRD ~. Executive.Race Director- PF\mpf ' Enclosures . ' Iowa City Ro;d Races · 212 S. Dubuque · P.O. Box 627 ~- Iowa City, IA 52244 ~ USA · Telephone 319-338-8108 · Fax 319-3384822 IOWA CITY ROAD RACES, INC. Answers to Questions Asked Most Often About the Iowa City Road Races and the Iowa City Hospice Road Races WHAT IS THE IOWA CITY ROAD RACES?: The iowa City Road Races, Inc., is a non-profit, tax exempt corporation organized under the Nonprofit Corporation Act, as an affiliate of Road Runners Club of America "RRCA" and sanctioned by USA Track and Field. The mission of the organization is to promote and encourage fitness for all individuals through running and physical fitness} and to annually organize, promote, and execute events designed to raise funds to be contributed to charitable, religious, or educational tax-exempt organizations who sh~re in the Iowa City Road Races mission. HOW MANY ROAD RACES IS THE ORGANIZATION INVOLVED IN?: At present, the organization is involved in the management, sponsorship or consultation of fourteen road races in Iowa. in addition, the executive race director serves as a periodic consultant for USA Track ~ Field and RRCA. This involvement helps to produce revenue to offset the year round operations of the office. The Iowa City Road Races serves in an advisory capacity for individuals in the surrounding cities and counties who may be considering a road race as a mechanism for fund raising and assists the City of Iowa City with race insurance questions and road race related issues in the Iowa City community. WHAT IS THE LARGEST RACE THAT THE ORGANIZATION IS INVOLVED IN?: The primary race owned and operated by the iowa City Road Races is the Hawkeye Medical Supply Iowa City Hospice Road Races held annually during the month of October. Beginning in early fall a series of events are conducted leading up to the HMSICHRR. The races include a 1/2 mile, 1 mile, 5k, 1Ok, half-marathon, swim and bike and are designed to raise significant funds for the Agencies of United Way of Johnson County; Iowa City Hospice as the lead agency. WHAT IS THE ECONOMIC IMPACT OF THE HOSPICE ROAD RACES? In 1994, the races generated approximately $655,000 from out of town visitors to the Iowa City area. The ripple effect for the area was estimated at $1,637,000 of dollars spent again in the community. 1 The ICRR vigorously pursues purchases of goods and services that are not donated by sponsors but necessary to conduct the event from iowa Citians, surrounding communities, within the state of Iowa and lastly, when not available in Iowa, from other states surrounding the mid-region or within the United States. WHAT IS THE ANNUAL BUDGET OF THE IOWA CITY ROAD RACES?: The annual review of the organization during FY 96 documented $342,362 in revenue and support including in-kind "non-cash" goods. Revenue exceeded expenditures by $6,991. The financial statements are prepared on the accrual basis of accounting in accordance with generally accepted accounting principles. No amount has been reflected in the financial statements for "volunteer" hours committed to the organization. Over 1,000 volunteers are involved in the activities of the corporation. WHAT ARE THE SOURCES OF REVENUE? Sources of revenue for the same period are reflected in the attached pie chart. Please note that "Other Income" is the fair market value of the goods "non-cash" that were received from sponsors. Program fees is described as entry fees and participation in the other races on a consultant basis. WHAT ARE THE EXPENDITURES? Expenditures are outlined in the attached pie chart. Please note that "Other Expense" includes race supplies expense and the matching fair market value of the goods "non-cash" that were received from sponsors. HOW MANY PROFESSIONAL STAFF DOES THE ICRR HAVE?: The Iowa City Road Races, Inc., employs one (1) full time certified race director and one ( 1 ) special projects assistant on a half-time, periodic basis. Professional fees are paid to an accountant, C.P.A., computer specialist, timers ~ results personnel, local bands for entertainment and a professional finish line company. The one (1) full time staff person oversees 83 directors and coordinators and 1,000 volunteers on race weekend. Student interns, community service volunteers and volunteers including those provided by the supported fund raising agencies, provide year round assistance to full time staff. Estimate according to the Iowa City Coralville Convention & Visitors Bureau. WHY DON'T THE ENTRY FEES COVER ALL OF THE COSTS?: in order to be competitive with other races who also receive sponsorship dollars and goods, the entry fee only covers a portion of the costs per runner. The cost per runner for the races was computed in 1993 to be $24.862 per participant. Although the entry fees for the races vary based on "early bird" through day of registration, the average fee paid by children ~ adults in FY 1996 was $14.06. In addition, the Dorothy M. Kozik and the Joe Henderson George Sheehan fund provide scholarships for economically disadvantaged children that would be unable to participate in the races A majority of road races do not have professional staff as the cost of event planning is either undertaken by loaned executives or produced by marketing or special events planners that reside on the sponsor's staff. In addition, the HMSICHRR's priority focus is a fund raiser and entry costs must remain low to encourage individuals participating in the races to raise pledges for the United Way agency of their choice. The only way that the agencies receive funds is through the pledges collected by participants. Finally, all athletic events rely on sponsorship dollars in addition to entry or gate fees. One revenue stream of entry fees alone does not cover all of the costs for a race of this magnitude. ARE ELITE ATHLETES RECRUITED AND PAID TO COME INTO THE RACES?: A modest budget for elite athletes and a very modest prize purse is provided by race sponsors at their request. The attached report entitled "Family of Races" is a consortium of races for which the ICRR has been involved fo~. a number of years. Of all of the races, the ICRR offers the /e,~st amount of prize money; $2,000 in FY 1998. No appearance money is paid to elite athletes that come in for the races.3 If a sponsor did not underwrite the costs associated with athletes, prize money would not be paid. Only national guests [usually 1 per year] are paid a modest appearance fee. WHY GiVE PRIZES? All road races in the country give prizes to participants. Division prizes encourage individuals to come in with their families, stay in our community and participate in the event. Unique to this community, prizes are developed by local artists or are partially underwritten by sponsors that contribute to the races. The fund raisers also receive similar awards. Iowa City Road Races, Inc., Supplementary Information, Cost Per Runner & Fund Raising Costs, 17th Annual Parsons Technology Iowa City Hospice Road Races. Prepared by Peg Fraser, executive race director. 3 ©The 19th Annual Parsons Technology Iowa City Hospice Road Races Press Book, page 26. Written by Lori Riley, volunteer media coordinator. Produced by Neana Saylot, volunteer sign and press book director. ~ WHAT IS THE DATE OF THE NEXT RACE? Sunday, October 19, 1997, the 21 st Annual Hawkeye Medical Supply Iowa City Hospice Road Races. Prepared By: Peg Fraser, CRD Executive Race Director Reviewed By: David Lubaroff, Board President Bob Woodward, Vice-President L.W. Pete Knapp, Treasurer FAMILY OF RACES More Info: A consortium of six leading races across the country To provide a network professional and moral support for race directors to achieve their goals Lori Riley, 338-1753, or Race Headquarters, 338-8108 In conjunction with the directors of the races listed below, Parsons Technology Hospice Road Races Director Peg Fraser has developed the "Family of Races" concept. The directors of these races mentor each other and provide a vital network for assistance in securing race funds. Also, developed in 1995 is a smaller consortium of races here in eastern Iowa that includes the YWCA Festival of Races in May, the 2nd Annual Quakerdale Races in Waterloo on September 15, 1996, and the Parsons Technology Hospice Road Races, which together have been called the Avenue of the Saints races. Sister Race 8th Annual Festival of Races, Cedar Rapids, Iowa -.. A fund-raiser for the YWCA; the goal for 1994 was $40,000 in fund-raising and 2,000 participants. Prize money: $3,500. Race date: May 4, 1996. Mother Race 15th Annual Twin Cities Marathon, Minneapolis/St Paul, Minnesota Considered the most beautiful urban marathon. Fundraising component is combined with health. Entrants: 6,000. Prize money available: $180,000. Race date: October 6, 1996. Grandmother 16th Annual Bolder Boulder, Boulder, Colorado -- This 10K event attracts over 35,000 participants including almost every famous runner and rising star in the world. It is not a fund-raiser. Prize money available: $63,000. Race date: May 28, 1996. Great Grandmother 83rd Annual San Francisco Examiners Bay to the Breakers, San Francisco, Califomia m Over 100,000 participants raise funds for a variety of causes through the Examiner newspaper. Prizes available: $42,000 and a BMW 318 to the top female and male. May 21, 1996. Grandone of All 98th Annual Boston Marathon, Boston, Massachusetts The most prestigious race in the country, it is a special honor to be able to include this race in our Family. The timing company for Boston, Gallagher & Associates, now does the timing for the Hospice Road Races. Prizes available: $455,000. Race date: April 15, 1996. 1977-1 ANNUAL PARSONS TECHNOLOGY iOWA CITY HOSPICE ROAD RACES~ OWNED AND OPERATED BY THE iOWA CiTY ROAD RACES, INC. 26 City of Iowa City MEMORANDUM Date: To: From: Re: February 3, 1997 Iowa City Council Members Cordell Jeppsen, Chairperson, Broadband Telecommunications Commission Proposed Cable TV Budget This is just a note to verify that at their January 27, 1997 meeting the Broadband Telecommuni- cations Commission (BTC) voted unanimously to support and recommend the Cable TV Division's budget to City Council as proposed by Drew Shaffer. Thank you for your time and attention. If you have any questions, please feel free to give me a call. jw/cabletv.cj NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED APPLICATION OF BOND PROCEEDS OF SAID CITY, AND THE HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa., will hold a public hearing on the 25th day of February, 1997, at 7:00 o'clock p.m., i.n the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the application of a portion of the bond pro- ceeds of the 86,i00,000 General Obligation Bonds, Series 1996, issued for the following purpose: to provide funds to pay costs of improve- ments and extensions to the Municipal Waterworks Plant and System; to include the following additional purposes: to provide funds to pay costs of the con- struction, reconstruction and repairing of bridges and street improvements and the construction, reconstruction, extension, improvement and equipping of works and facilities for the collection and disposal of surface waters and streams. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the transfer of said bond proceeds or will abandon the proposal to trans- fer said bond proceeds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 14th day of February ,1997. City,Clerk of Iowa City, NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $5,465,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 25th day of February, 1997, at 7:00 o'clock p.m., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of 95,465,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction and repair- ing of bridges, street and public walkway improvements; the construction, reconstruc- tion, extension, improvement and equipping of works and facilities for the collection and disposal of surface waters and streams; the rehabilitation and improvement of existing city parks; and the reconstruction, extension and improvement of the municipal airport. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated at Iowa City, Iowa, this :14th day of February ,1997. City le~wa City, Iowa NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $685,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Coun- cil of the City of Iowa City, Iowa, will hold a public hearing on the 25th day of February, 1997, at 7:00 o'clock p.m., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take action for the issu- ance of not to exceed 8685,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the improvement and equipping of the library, including roof and carpet replacement and heating, ventilation and air conditioning (HVAC) system, This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this :[4th day of Februar.y ,1997. City Clerk of Iowa City, Iowa NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED t~325,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Coun- cil of the City of Iowa City, Iowa, will hold a public hearing on the 25th day of February, 1997, at 7:00 p.m., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed 9325,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the expansion of Fire Station #3, the renovation of the City's Animal Shelter and replacement of portions of the Civic Center roof. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 14th day of February ,1997. City Clerk of Iowa City, Iowa