HomeMy WebLinkAbout1997-09-09 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 9th day of September,
1997, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearings the Council will consider the
following item:
An ordinance amending the Zoning
Chapter by changing the zoning
designation from RM-20, Medium
Density Multi-Family Residential, and RS-
5, Low Density Single-Family Residential,
to OSA-20 and OSA-5, Sensitive Areas
Overlay Zone, for approximately 1.9
acres located at 1122-1136 N. Dubuque
Street.
A copy of the proposed ordinance is 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\O909nph.doc
Prepared by: Robert Mikio, Senior Planner, 410 E.
Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NQ.
ORDINANCE AMENDING THE ZONING CHAP-
TER BY CONDITIONALLY CHANGING THE
ZONING DESIGNATION FROM RM-20,
MEDIUM DENSITY MULTI-FAMILY RESIDEN-
TIAL, AND RS-5, LOW DENSITY SINGLE-
FAMILY RESIDENTIAL, TO OSA-20 AND OSA-
5, SENSITIVE AREAS OVERLAY ZONE FOR
APPROXIMATELY 1.9 ACRES LOCATED AT
1122 - 1136 NORTH DUBUQUE STREET.
WHEREAS, the applicant, James P.
Glasgow, has requested that the City approve a
sensitive areas development plan and sensitive
areas development rezoning of approximately 1.9
acres located at 1122-1136 North Dubuque
Street; and
WHEREAS, the Planning and Zoning Com-
mission has reviewed a sensitive areas devel-
opment plan for the property and has recom-
mended approval; and
WHEREAS, the subject property contains
previously altered protected slopes; and
WHEREAS, the slopes are currently eroding;
and
WHEREAS, the proposed development plan
will stabilize the slopes and prevent further
damage to this and adjacent properties; and
WHEREAS, Iowa Code §414.5 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 applicant and owners
acknowledge that certain conditions and
restrictions are reasonable to ensure that
appropriate safeguards are applied to grading of
the environmentally sensitive slope on this
property; and
WHEREAS, the applicant and owners have
agreed to use this property in accordance with
the terms and conditions of a conditional zoning
agreement.
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 OondJtional Zoning Agree-
ment, attached hereto and incorporated by ref-
erence herein, the property described below is
Ordinance No.
Page 2
hereby reclassified from its present classification
of RM-20, Medium Density Multi-Family and RS-
5, Low Density Single-Family Residential, to
OSA-20 and OSA-5, Sensitive Areas Overlay
Zone;
COMMENCING AT THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OF
SECTION 3, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE FIFTH PRINOIPAL MERIDIAN;
THENCE N6°52'00" W, (A RECORDED
BEARING) IN PART OF GOVERNMENT LOTS
3 AND 4, AS RECORDED IN PLAT BOOK 5, AT
PAGE 39, OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE,
80.00 FEET TO THE POINT OF BEGINNING;
THENCE S3°08'00" W, 255.10 FEET, TO A
POINT ON THE NORTHWESTERLY LOT LINE
OF LOT 10, FOREST GLEN OF SHERWOOD
FOREST SUBDIVISION OF IOWA CITY, IOWA,
AS RECORDED IN .PLAT BOOK 6, PAGE 17 OF
THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S50°47'34"
W, ALONG SAID NORTH-WESTERLY LOT
LINE, 55.98 FEET, TO THE WESTERLY
CORNER OF SAID LOT 10; THENCE S 4000'00"
E. ALONG THE WESTERLY LINE OF SAID LOT
10, AND LOT 9 211.88 FEET TO THE SOUTH-
WESTERLY CORNER OF SAID LOT 9, WHICH
CORNER IS ON THE NORTHERLY LINE OF
THE MAYFLOWER PROPERTY SURVEY,
RECORDED IN PLAT BOOK 23, AT PAGE 45,
OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE
N77°47'00" W, 90.22 FEET, ALONG SAID
NORTHERLY LINE; THENCE N8°52'22" W,
42.43 FEET, ALONG SAID NORTHERLY LINE;
THENCE N16°15'38" E, 81.13 FEET, ALONG
SAID NORTHERLY LINE THENCE N83°56'22"
W, 70.00 FEET, ALONG SAID NORTHERLY
LINE, TO THE EASTERLY RIGHT-OF-WAY
LINE OF DUBUQUE STREET (FORMERLY
HIGHWAY #218); THENCE NORTH-WESTERLY
389.62 FEET ALONG SAID EASTERLY RIGHT-
OF-WAY LINE, ON A 510.5 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY
WHOSE 380.23 FOOT CHORD BEARS
N13°17'29" W, TO A 5/8-INCH IRON PIN;
THENCE S86°52'00" E, 5.64 FEET; THENCE
N26°20'00" W, 5.00 FEET; THENCE N59°42'37"
E, 130.00 FEET; THENCE S20°57'15" E, 83.20
FEET; THENCE S86°52'00" E, 126.34 FEET TO
THE POINT OF BEGINNING. SAID TRACT
CONTAINS 1.909 ACRES MORE OR LESS AND
IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. Upon final
passage, approval and publication of this
Ordinance No.
Page 3
Ordinance 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 Ill. CONDITIONAL ZONING
AGREEMENT. Following final passage and
approval of this Ordinance, the Mayor is hereby
authorized and directed to sign, and the City
Clerk to attest, the Conditional Zoning Agreement
between the property owners, applicants and the
City.
SECTION IV. CERTIFICATION AND
RECORDING. Upon passage and approval of
this 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 provisions
of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
part thereof not adjudged invalid or 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 day of
,19__
MAYOR
ATTEST:
CITY CLERK
App r~~,/~ '" ~'I/~ ~
City Attorney's Office
ppdadm/ord/dubuque.wp5
Prepared-by: Robert Miklo, St. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5240
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Cor-
poration (hereinafter "City"), Bruce and James Glasgow and John D. Cruise (hereinafter
"Owner").
WHEREAS, Owner, as legal titleholder, has requested that the City approve a Sensitive Areas
Development Plan and Sensitive Areas Development rezoning for approximately 1.9 acres of
land located at 1122-1136 N. Dubuque Street from its current zoning designation of RM-20,
Medium Density Multi-Family and RS-5, Low Density Single-Family to OSA-20 and OSA-5,
Sensitive Areas Overlay; and
WHEREAS, the proposed rezoning and Sensitive Areas Development Plan will allow the
regrading and stabilization of a protected slope; and
WHEREAS, Iowa Code §414.5 (1997) provides that the City of Iowa City may impose reason-
able conditions on granting the rezoning request, over and above existing regulations, in order
to satisfy needs directly caused by the requested change; and
WHEREAS, the City wishes to ensure that the proposed grading and slope stabilization is done
in such a way that further erosion and property damage are minimized; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to
assure the appropriate grading of this property; and
WHEREAS, the Owner has agreed to grade the property in accordance with certain terms and
conditions to assure appropriate grading of this property.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree
as follows:
Bruce and James Glasgow and John D. Cruise are the owners and legal title holders
of property located at 1122-1136 Dubuque Street, which property is more particularly
described as follows:
COMMENCING ATTHE NORTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST
OF THE FIFTH PRINCIPAL MERIDIAN; THENCE N 86052'00" W, (A
RECORDED BEARING) IN PART OF GOVERNMENT LOTS 3 AND 4,
AS RECORDED IN PLAT BOOK 5, AT PAGE 39, OF THE RECORDS
OF THE JOHNSON COUNTY RECORDER'S OFFICE, 80.00 FEET TO
THE POINT OF BEGINNING; THENCE S 3008'00" W, 255.10 FEET, TO
A POINT ON THE NORTHWESTERLY LOT LINE OF LOT 10, FOREST
GLEN OF SHERWOOD FOREST SUBDIVISION OF IOWA CITY, IOWA,
AS RECORDED IN PLAT BOOK 6, PAGE 17 OF THE RECORDS OF
THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S
50°47'34" W, ALONG SAID NORTHWESTERLY LOT LINE, 55.98 FEET,
TO THE WESTERLY CORNER OF SAID LOT 10; THENCE S 4°00'00"
E. ALONG THE WESTERLY LINE OF SAID LOT 10, AND LOT 9 211.88
FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 9, WHICH
CORNER IS ON THE NORTHERLY LINE OF THE MAYFLOWER PRO-
PERTY SURVEY, RECORDED IN PLAT BOOK 23, AT PAGE 45, OF
THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE N 77"47'00" W, 90.22 FEET, ALONG SAID NORTHERLY
LINE; THENCE N 8°52'22" W, 42.43 FEET, ALONG SAID NORTHERLY
LINE; THENCE N 16°15'38" E, 81.13 FEET, ALONG SAID NORTHERLY
LINE THENCE N 83°56'22" W, 70.00 FEET, ALONG SAID NORTHERLY
LINE, TO THE EASTERLY RIGHT-OF-WAY LINE OF DUBUQUE
STREET (FORMERLY HIGHWAY #218); THENCE NORTHWESTERLY
389.62 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE, ON A
510.5 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY WHOSE
380.23 FOOT CHORD BEARS N 13°17'29" W, TO A 5/8-INCH IRON
PIN; THENCE S 86°52'00" E, 5.64 FEET; THENCE N 26°20'00" W, 5.00
FEET; THENCE N 59°42'37" E, 130.00 FEET; THENCE S 20°57'15" E,
83.20 FEET; THENCE S 86°52'00" E, 126.34 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS 1.909 ACRES MORE OR LESS
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
Owner acknowledges that the City wishes to ensure that grading of this property is done
in such a manner that further erosion, property damage, and threats to safety are mini-
mized.
In consideration of the City's rezoning of the subject property from RM-20 and RS-5 to
OSA-20 and OSA~5, Sensitive Areas Overlay, Owner agrees that development and use
of subject property will conform to all requirements of the RM-20 and RS-5 zone as well
as to the following conditions:
The Applicant shall retain Terracon Consultants to provide testing, observation
and quality control services during excavation, grading, foundation, and construc-
tion phases of the project.
That the Applicant promptly notify the City of any site conditions discovered
during implementation of the plan that would require substantial modification of
the plan.
That drainage be designed and constructed such that 'storm water will not be
discharged onto Dubuque Street.
The Owner and Applicant acknowledge that the conditions contained herein are reason-
able conditions to impose on the land and under Iowa Code §414.5 (1997), and that
said conditions satisfy public needs which are directly caused by the requested zoning
change.
2
The Owner and Applicant acknowledge that in the event the subject property is trans-
ferred, 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 and Applicant acknowledge that nothing in this Conditional Zoning Agreement
shall be construed to relieve the Owner or Applicant from complying with all applicable
local, state, and federal regulations.
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 at the Owners' expense.
Dated this day of , 1997.
OWNER
CITY OF IOWA CITY
Bruce Glasgow
es Glasgo~v
Naomi J. Novick, Mayor
Attest:
Madan K. Karr, City Clerk
Approved by: ///
'"------;-/ ' L// 9-
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of ,1997, before me, the undersigned, a Notary Public
in and for said County, in said State, personally appeared Bruce Glasgow, to me known to be
the identical person named in and who executed the within and foregoing instrument, and
acknowledged that he executed the same as his voluntary act and deed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~-')'~ day of .-~_~,(q;~r~L~/k ,1997, before me, the undersigned, a Notary Public
in and for said County, in said State, personally appeared James Glasgow, to me known to be
the identical person named in and who executed the within and foregoing instrument, and
acknowledged that he executed the same as his voluntary act and deed.
¢4'~AT~$~rENH. FRE¥ ~*- ..... ---.~_ I /) __ ~..-~.....~'. ~
: ~ I MMI$SION EXPIRE~ ~./ ~
-' - "--'"--"-N~otary Public in and for~. e State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this q4*n_ day of _~.(-.%~'¢~t2~,k._. ,1997, before me, the undersigned,* a Notary Public
in and for said County, in said State, personally appeared John D. Cruise, to me known to be
the identical person named in and who executed the within and foregoing instrument, and
acknowledged that he executed the same as his voluntary act and deed.
~ CO~lSStON EXPIRES
~4~ KIRSTEN H. FREY ~ NJJ~ary Public in and for~e State of Iowa
July 12,1998
STATE OF IOWA )
) SS:
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
ppdad~n~agt\dubuque.wp5
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5240
COI~DITIONAL ZONING AGREEMENT
THIS AGREEMENT is made
poration (hereinafter "City"),
"Owner").
and between the City of Iowa City, Iowa,
ce and James Glasgow and John D.
Municipal Cor-
(hereinafter
WHEREAS, Owner, as legal has requested that the City a
Development Plan and Sensitive Development rezoning for
land located at 1122-1136 N. Dubuc ~treet from its current
Medium Density Multi-Family and RS-5, .ow Density Sin,
Sensitive Areas Overlay; and
)rove a Sensitive Areas
)roximately 1.9 acres of
designation of RM-20,
to OSA-20 and OSA-5,
WHEREAS, the preposed rezoning and sitive Area.,
regrading and stabilization of a protected slo[ and
pment Plan will allow the
WHEREAS, Iowa Code §414.5 (1997) provides
able conditions on granting the rezoning request,
to satisfy needs directly caused by the requested
City of Iowa City may impose reason-
and above existing regulations, in order
~ange; and
WHEREAS, the City wishes to ensure that the
in such a way that further erosion and
grading and slope stabilization is done
dama! are minimized; and
WHEREAS, Owner acknowledges that
assure the appropriate grading of this
and
and restrictions are reasonable to
WHEREAS, the Owner has agreed
conditions to assure appropriate g
rade the property in
of this property.
with certain terms and
NOW, THEREFORE, in
as follows:
of mutual promises
ned herein, the Parties agree
Bruce and James
of property
described as folk
IS:
ow and John D. Cruise are the
1122-1136 Dubuque Street, which
ers and legal title holders
)erty is more particularly
QUAI
OF
A POINT ON THE NORTHWESTERLY LOT LINE OF LOT 10,
GLEN OF SHERWOOD FOREST SUBDIVISION OF IOWA CITY,
ATTHE NORTHEAST CORNER OF SOUTHWEST
OF SECTION 3, TOWNSHIP 79 NORTH, 6 WEST
-tE FIFTH PRINCIPAL MERIDIAN; THENCE N 2'00" W, (A
BEARING) IN PART OF GOVERNMENT 3 AND 4,
RECORDED IN PLAT BOOK 5, AT PAGE 39, OF THE ECORDS
THE JOHNSON COUNTY RECORDER'S OFFICE, 80.0¢ "EET TO
POINT OF BEGINNING; THENCE S 3°08'00"w, 255.10 !ET, TO
REST
AS RECORDED IN PLAT BOOK 6, PAGE 17 OF THE RECORDS OF
THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S
TO
E.
PERTY
THE
THENCE
LINE;
LINE;
LINE THENCE
LINE, TO THE
STREET (
389.62 FEET
510.5 FOOT RADIUS
380.23 FOOT
PIN; THENCE S
FEET; THENCE N
83.20 FEET; THENCE S
BEGINNING. SAID TRACT
AND IS SUBJECT TO
RECORD.
W, ALONG SAID NORTHWESTERLY LOT LINE, 55.98 FEET,
'HE WESTERLY CORNER OF SAID LOT 10; THENCE S 4°00'00"
)NG THE WESTERLY LINE OF SAID LOT 10, AND LOT 9 211.88
THE SOUTHWESTERLY CORNER OF SAID LOT 9, WHICH
IS ON THE NORTHERLY LINE OF THE MAYFLOWER PRO-
RECORDED IN PLAT BOOK 23, AT PA( 45, OF
OF THE JOHNSON COUNTY REC(
77°47'00" W, 90.22 FEET, ALONG SAID
N 8°52'22" W, 42.43 FEET, ALONG
16°15'38" E, 81.13 FEET, ALONG
W, 70.00 FEET, ALONG
:ASTERLY RIGHT-OF-WAY LII
.Y HIGHWAY #218);
SAID EASTERLY RIGHT.
URVE, CONCAVE SOU'
N 13017'29"
E, 5.64 FEET;
7" E, 130.00
E, 12
ONTAINS
OFFICE;
.LY
qORTHERLY
NORTHERLY
NORTHERLY
OF UE
LINE, ON A
WHOSE
TO A 5/8-INCH IRON
N 26°20'00" W, 5.00
THENCE S 20°57'15"'E,
FEET TO THE POINT OF
.909 ACRES MORE OR LESS
AND RESTRICTIONS OF
Owner acknowledges that the City wishE
in such a manner that further erosion
mized.
[o ensure that grading of this property is done
damage, and threats to safety are mini-
In consideration of the City's rezo
OSA-20 and OSA-5, Sensitive A
of subject property will
as to the following conditions
Overlay,
all requireme
property from RM-20 and RS-5 to
)wner agrees that development and use
:s of the RM-20 and RS-5 zone as well
The Applicant shall Terracon
and quality control during
tion phases of th, project.
nts to provide testing, observation
]rading, foundation, and construc-
That the Appli
during
the plan.
notify the City of
of the plan that would
y site conditions discovered
substantial modification of
That drain~ e be designed and constructed such
discharge onto Dubuque Street.
~torm water will not be
The Owner
able condition:
said
change.
pplicant acknowledge that the conditions contained herein are reason-
to impose on the land and under Iowa Code §414.5 (1997), and that
satisfy public needs which are directly caused by the requested zoning
ferre
confo
and Applicant acknowledge that in the event
sold, redeveloped, or subdivided, all developr
with the terms of this Conditional Zoning Agre
subject property is trans-
and redevelopment will
The
be a
force and
of record
to the
acknowledge that this Conditional Zonin,
~ant running with the land and with title
as a covenant running with the title
~e City. The Parties further acknow:
and bind all successors, re
Agreement shall be deemed Fo
the land, and shall remain in full
the land unless or until released
that this Agreement shall inure
and assigns of the Parties.
Owner and A
shall be
local, state, and
acknowledge that noth
to relieve the Owner or
eral regulations.
in this Conditional Zoning Agreement
plicant from complying with all applicable
The Parties agree this
reference into the ance rezoning
publication of the Ordin Ice, this Ag
Recorder's Office at the
Agreement shall be incorporated by
subject property; and that upon adoption and
shall be recorded in the Johnson County
se.
Dated this
day of
, 1997.
OWNER
CITY OF IOWA CITY
Bruce Glasgow
Naomi J. Novick, Mayor
James Glasgow
Attest:
John D. Cruise
Marian K. Karr, City Clerk
Approved by:
~77
3
STATE OF IOWA
JOHNSON
On this ~. day
in and for said
the identical person
acknowledged that he
)
) SS:
)
,1997, before me, undersigned, a Notary Public
in said State, personally appeared B ~ce Glasgow, to me known to be
rned in and who executed the witl and foregoing instrument, and
<ecuted the same as his voluntar act and deed.
Notary Pt in and for the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of
in and for said County, in said State,
the identical person named in and
acknowledged that he executed the s
997, before me, the undersigned, a Notary Public
appeared James Glasgow, to me known to be
executed the within and foregoing instrument, and
.~ as his voluntary act and deed.
~tary Public in and for the State of Iowa
STATE OF IOWA
JOHNSON COUNTY
On this __ day of
in and for said County,
the identical person na
acknowledged that he
)
) ss
)
,1997, before ~e, the undersigned, a Notary Public
me
~aid State, personally appeared',~ohn D. Cruise, to known to be
.d in and who executed the witht~ and foregoing instrument, and
.xecuted the same as his voluntary a~,,d deed.
Notary Public in and for t~e State of Iowa
4
STATE OF IOWA )
) SS:
JOHNSON )
On this day
a Notary Public in and
K. Karr, to me personally
Mayor and City Clerk, res
foregoing instrument is the
signed and sealed on behalf
in (Ordinance) (Resolution) No.
,19 , and
execution of the instrument to be
of the corporation, by it voluntarily
, 1997, before me,
~e State of Iowa, personally appeared Naomi J. Novick and Marian
and, who, being by me duly sworn, did say that they are the
of the City of Iowa City, Iowa; that the seal affixed to the
seal of the corporation, and that the instrument was
~e corporation, by authority of its City Council, as contained
passed by the City Council, on the day of
It Naomi J. Novick and/Marian K. Karr acknowledged the
voluntary act anted and the voluntary act and deed
in and for the State of Iowa
ppdadmin\agt\dubuque.wp5
5
STAFF REPORT
To: Planning & Zoning Commission
Item: REZ97-0003. Cliffs Apartments
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
File date:
45-day limitation period:
Prepared by: Robert Miklo
Date: March 20, 1997
James P. Glasgow
3291 Dubuque Street, N.E.
Iowa City, IA 52240
Phone: 351-3862
Sensitive Areas Development Plan and
Overlay rezoning
To permit grading of an altered protect-
ed slope
1122-1136 N. Dubuque Street
1.91 acres
RM-20 and RS-5
North - Residential; RS-5
South - University; P
East - Residential; RS-5
West- Park; P
Residential 2-8 and 16-24 dwelling
units per acre
February 13, 1997
March 31, 1997
BACKGROUND INFORMATION:
This property contains slopes in excess of 40%. Because portions of the slopes were
previously altered the Sensitive Areas Ordinance classifies these slopes as "altered protected
slopes". Prior to any further alteration of the slopes a Sensitive Areas Development Plan and
overlay rezoning must be approved by the City Council.
The Cliffs Apartments were built on this property in the early 1980s. The construction of the
apartments led to the alteration of the natural slope. This slope has had erosion problems
since that time. As a condition of a plea agreement pertaining to a municipal infraction, the
applicant has agreed to stabilize the slopes. The proposed alterations to the slope are intended
to stabilize the eroding slope and prevent erosion of this and adjacent properties, No further
dwelling units or physical development activities, other than stabilization of the slope are
proposed at this time. The grading plan as initially submitted contained a number of
deficiencies and discrepancies. A revised plan has been submitted and is being reviewed by
the Public Works Department.
ANALYSIS:
The applicant is proposing to regrade the slope to prevent further erosion. In general, the
grade would be made more gradual. In order to do the grading, mature trees would be
removed from the top of the slope. The applicant proposes to replant trees and other
vegetation on the regraded slope. The tree removal and grading activity would extend onto
the adjacent property. The consent of the two adjacent property owners and easements to
allow grading on their property are required.
The Sensitive Areas Ordinance permits further alteration of previously altered protected slopes
if a geologist or professional engineer can demonstrate to the satisfaction of the City that the
development activity will not undermine the stability of the slope, and the City determines that
the development activities are consistent with the intent of the Sensitive Areas Ordinance.
The question of stability will be examined by the Public Works Department which is reviewing
the grading plan. A report from the Public Works Department will be available at the
Commission's meeting. The plan has also been submitted to the Johnson County Soil and
Water Conservation District (SWCD). Comments from the SWCD should be available at the
Commission's meeting.
Although this plan requires the further alteration of a slope and the destruction of mature
trees, the intent of the plan is to lead to the long-term stabilization of this eroding slope. If no
action is taken it is likely that the slope will continue to erode and the mature trees will be
undermined in time. Regrading of the slope to make it more gradual and the replanting of trees
and other vegetation appears to be a method of stabilizing this slope.
STAFF RECOMMENDATION:
Staff recommends that the Sensitive Areas Development plan for the Cliff Apartments be
deferred pending submission of evidence that the adjacent property owners consent to the
proposed grading on their property and the Public Works Department approves the revised
grading plan. Upon approval by the Public Works Department of the revised grading plan and
submittal of evidence that the adjacent property owners consent to the proposed grading on
3
their property, staff recommends the approval of a Sensitive Areas Development Plan and
rezoning to OSA-20 and OSA-5 for 1.9 acres located at 1122 and 1136 N. Dubuque Street.
ATTACHMENTS:
Location Map. ment PI~~:~
Grading and Sensitive Areas Develop
Approved by:
Karin ~ranklin, Director
DepaFtment of Planning and
Community Development
ppdadmin\stfrep\970003.rm
LOCATION HAP
REZ97'-0003
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City of Iowa City
MEiVlORANDUM
Date: August 15, 1997 (For August 21 meeting)
To: The Planning & Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ97-0003
A revised Sensitive Areas Development Plan and Grading Plan has been submitted for the
Cliffs Apartments, 1122-1136 North Dubuque Street. The plan was received by the City on
August 4, 1997. A geotechnical engineering report upon which the plan is based was received
by the City on July 31, 1997. The City Engineer has completed review of the revised plan and
the revised report. A copy of a memorandum from Rick Fosse, City Engineer, is attached. The
Sensitive Areas Development Plan and Grading Plan contain minor deficiencies which must be
corrected prior to approval.
When compared to the previously submitted plan (see March 20 Staff Report), the revised plan
proposes to remove less soil from the top of the existing slope, and it proposes less grading on
the adjacent property owned by the Ostedgaards. This will allow more of the trees at the top of
the slope to remain in place. Rather than regrade the entire slope the revised plan proposes
regrading of the lower half of the slope and the use of drainage tiles and the installation of a
rock surface to stabilize the slope. Trees would be planted at the base of the slope but could
not be planted elsewhere on the slope due to the rock surface.
Staff previously recommended the Sensitive Areas Plan be deferred until there was evidence
that the Ostedgaards consented to grading on their property. We have advised the applicant to
meet with the Ostedgaards and seek their consent for the grading that the plan proposes on
their property.
The report prepared by Terracon Consultants recommends that they continue to be involved
during the final design and implementation of the proposed plan. As a condition of approval
staff recommends that the applicant retain Terracon Consultants to provide testing and
observation during excavation, grading, foundation and construction phases of the project.
As noted in the City Engineer's memorandum, staff is concerned about possible discharge of
storm water from the proposed drainage tiles onto Dubuque Street. More details should be
submitted illustrating how storm water from the property will be discharged.
Staff Recommendation
Staff recommends that the Sensitive Areas Development Plan for the Cliffs Apartments be
deferred pending Public Works Department approval of the Grading Plan and submission of
evidence that the adjacent property owner consents to the proposed grading on their property.
REZ97-0003
August 15, 1997
Page 2
Upon approval of the Grading Plan and evidence that the applicant has reached an agreement
with the Ostedgaards for the work shown on the Ostedgaards' property, staff recommends
approval of the Sensitive Areas Development Plan and rezoning to OSA-20 and OSA-5 for 1.9
acres located at 1122 and 1136 North Dubuque Street subject to:
The applicant reaching agreement with the Ostedgaards for a purchase or the
establishment of an easement on the portion of the Ostedgaard property that is required for
implementation of this plan.
2. The applicant retaining Terracon Consultants for providing testing and observation during
excavation, grading, foundation and construction phases of the project.
3. That the applicant notify the City of any site conditions discovered during implementation of
the plan that would require substantial modification to the plan.
4. That storm water discharge not be released onto Dubuque Street.
Approved by:
rector
Department of Planning and Community Development
Attachments:
1. Sensitive Areas Site Plan
2. Geotechnical Engineer Report
3. Memorandum from Rick Fosse
Attachment
Im\mem\rrn8-15.doc
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City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
August 11, 1997
Sarah Holecek, Assistant City Attorney
Rick Fosse, City Engineer
Cliffs Apartments Proposed Slope Stabilization Plan
I have reviewed the report prepared by Terracon Consultants on July 30, 1997, and the plans
submitted by Van Winkle-Jacob Engineering on August 4, 1997. My review was limited to
evaluation of the potential for success of the proposed stabilization plan. It was not a review for
compliance with the Grading Ordinance or Sensitive Areas Ordinance. Those reviews should
be completed before final approval is given.
The proposed plan presents a rock buttress to stabilize the slope. I believe that if const~'ucted
properly, this plan is likely to succeed. The rock buttress offers two distinct advantages over
the last plan that was submitted. First, it has a much smaller impact on adjoining properties.
However, the impact has not been eliminated and easements will still need to be obtained.
Second, the rock buttress is much less reliant on the establishment of vegetation to limit
erosion. Only the disturbed areas around the rock buttress will need stabilization by vegetation
verses the entire slope as last presented.
Of concern are two items. First, Terracon Consultants have recommended that they review the
construction plans and provide observation during construction. I believe this is a good idea.
Second, the proposed plan includes tiles to provide subsurface drainage of the rock buttress.
These tiles have the potential to discharge water during the early winter months when surface
water is frozen. If not discharged properly, the tiles could create an ice problem that may
extend onto Dubuque Street. Therefore, the tiles should be discharged in a manner that will not
flow onto Dubuque Street.
Noting the concerns above and pending the review for compliance with the Grading and
Sensitive Areas Ordinances, I find this to be a reasonable plan.
CC;
Denny Gannon
Bob Miklo
Ron Boose
Julie Tallman
FRQM JDHNSDN CDUNTY SWCD 319 3~B 9S21
8-18-1997
United States Natural
Department of Resources
Agriculture Conservation
Service
435 North Highland PO Box 210
Williamsburg, IA 52361-0210
Phone :319-668-9089
FAX 319-668-9525
SUBJECT: The Cliffs. Apartments Grading. Plan Review
DATE.' August. 14, 1'997
TO: Amy Bousk, a, Environmental Specialist
FILE CODE: 210
This letter is documentation of the review of the Van Winkle-Jacob Grading Plan, #96773,
dated 8/4/97.
Several of our recommendations of 3-1 8-97'were incorporated into this latest plan revision.
Subsurface drains wil! intercept any seepage water. Diversions at the top of the slope and at.
the base have been 'added.
No seeding mixture details are on this revision. There are also no details as to the type and
gradation of the rock fill to be used on the slope, though type and gradation of the rock will
not likely have an adverse effect on soil erosion. Rock fill on the .slope will have several
advantages over vegetation on this steep slope such as no establishment period, low
maintenance and very stabjle.
This plan.appears to be adequate to reduce soil 'erosion at the site.
Please feel free to share any or all this information with the Planning and Zoning Commission
or the City Council.
Call if there are any questions.
Civil Engineer
cc: Wendell Jones, District. Conservationist, NRCS, 238 Stevens DR, Iowa City IA 52240
Wayne Petersen, Urban Resource Conservationist, NRCS 1 512 7th ST, Coralville IA 52.241
The Natural Resources Conservation Service works ha~d-in-hand v~ith
the American i~. opte to censer. re natural resources on private land.
AN F_QUAL OPPORTUNITY EMPLOYER
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
THE BURLINGTON/GOVERNOR ST.
SIGNALIZATION PROJECT
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF iOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will con-
duct a public hearing on plans, specifications,
form of contract and estimated cost for the con-
struction of the Burlington Street/Governor Street
Signalization Project in said City at 7:00 p.m. on
the 9th day of September, 1997, said meeting to
be held in the Council Chambers in the Civic
Center in said City.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
City Clerk in the Civic Center in Iowa City, Iowa,
and may be inspected by any interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARIAN K. KARR, CITY CLERK
PH-1
Ho~w d R. G re C~ompany
Projec/~:)540-J /
City of Iowa Ci~,~.~'~ Landfill
,./' Iowa
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR THE
CONSTRUCTION OF THE FY98 CELL
CONSTRUCTION PROJECT IN THE CITY OF
IOWA CITY, IOWA.
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will
conduct a public hearing on plans,
specifications, form of contract and estimated
cost for the construction of the FY98 Landfill Cell
in said City at 7:~0 P.M. on the 9th day of
September, 1997, said meeting to be held in the
Council Chambers in the Civic Center in said
city.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
City Clerk in the Civic Center in Iowa City, Iowa,
and may be inspected by any interested
persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARIAN K. KARR, CITY CLERK
· TICE~
Form 653.C Page 1
NOTICE OF PUBLIC HEARING
AMENDMENT OF CURRENT CITY BUDGET
The Council of the City of Iowa City in Johnson County, Iowa, will meet at the Civic Center, 410 E.
Washington St., at 7:00 p.m. on September 9, 1997, for the purpose of amending the current budget of the
city for the fiscal year ending June 30, 1998, by changing estimates of revenues and expenditure
appropriations in the following programs for the reasons given. Additional detail is available at the City
Clerk's office showing revenues and expenditures by fund type and by activity.
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
Total Budget
as Certified Total Budget
or Last Current after Current
Amended Amendment Amendment
1 20,424,857 0 20,424,857
2
3 20,424,857 0 20,424,857
4
5 62,000
6 456,000
7 543,200
8 2,860,612
9 15,306,700
lO 29,302,802
11
3,352,959
13 110,118,279
14 182,427,409
205,515
5,226,263
21,378
62,000
456,000
543,200
3,066,127
20,532,963
29,324,180
30,770 3,383,729
2,528,918 112,647,197
8,012,844 190,440,253
EXPENDITURES & OTHER FINANCING USES
Community Protection 15
(police,fire,street lighting, etc.)
Human Development 16
(health, library, recreation, etc.)
Home & Community Em/ironment 17
(garbage, streets, utilities, etc.)
Policy & Administration 18
(mayor, council, clerk, legal, etc.)
Non-Program
Total Expenditures 19
Less:
Debt Service 20
Capital Projects 21
Net Operating Expenditures 22
Transfers Out 23
Total Expenditures/Transfers Out 24
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out. 25
Beginning Fund Balance July 1 26
Ending Fund Balance June 30 27
11,148,317 372,559 11,520,876
29,899,831 (14,927,260) 14,972,571
76,462,842 22,305,560 98,768,402
5,788,065 269,638 6,057,703
123,299,055 8,020,497 131,319,552
11,472,254 0 11,472,254
60,427,287 4,678,561 65,105,848
51,399,514 3,341,936 54,741,450
57,825,978 19,704,218 77,530,196
181,125,033 27,724,715 208,849,748
1,302,376 (19,711,871) (18,409,495)
50,466,252 24,175,172 74,641,424
51,768,628 4,463,301 56,231,929
Explanation of increases or decreases in revenue estimates, appropriations, or available cash:
Increased Revenues due to additional interest income and state / federal grants for capital projects.
Miscellaneous revenue includes contributions to library gift funds from the Library Foundation and
Friends of the ICPL. Other Financing Sources includes increased Transfers in of 919,698,918 for
continuing capital improvement projects and a reduction of 917,170,000 in Long Term Debt proceeds
due to deferral of the Library Expansion Project.
Expenditure Increases: Community Protection amended for increased Police, Fire & HIS Admin.
Department expenditures related to prior year approved projects; cash payment of purchase orders from
prior fiscal year. Human Development: Includes a reduction of ~17,148,678 due to deferral of the
Library Expansion Project. Increase of 92,221,418 for carryover of other Parks, Senior Center, &
Recreation capital improvement projects and expenditures related to prior year approved projects; cash
payment of purchase orders from prior fiscal year. Home & Community: Continuation from FY97 of
budget authority for capital improvement projects in process at 6/30/97 and carryover for open purchase
orders at 6/30/97. Policy & Administration: Carryover for open purchase orders at 6/30/97.
Transfers Out: increased for capital projects in process and debt issues. Additional detail is available at
the City Clerk's office, Library, and Finance Department.
There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in
expenditures set out above will be met from the increased non-property tax revenues and increased
beginning fund balances.
' ~.- City Clerk
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
9th day of September, 1997, at 7:00 p.m. in
the Council Chambers of the City of Iowe City,
410 E. Washington Street, Iowa City, Iowa,
regarding the intent to convey vacated portions
of the St. John's Alley and St. Matthias Street
right-of-way north of Dodge Street and
adjacent to Robert's Hometown Dairy and Hy-
Vee to Robert's Hometown Dairy and
Consolidated Properties, Inc.
Persons interested in expressing their views
concerning this matter, either verbally or in
writing, will be given the opportunity to be
heard at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
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