HomeMy WebLinkAbout1997-11-11 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that public hearings
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 11th day of
November, 1997, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
.~. n~,ider the following items:
n ordinance to amend the approved
Sensitive Areas Development Plan for
Walden Hills to allow the development of
Lot 53, containing 8.66 acres and located
within the OSA-8, Sensitive Areas Overlay
Zone, at the northwest corner of Rohret
Road and Shannon Drive.
2. A resolution approving the annexation of a
2.81 acre tract located southeast of the
intersection of Iowa Highway 1 and Naples
Avenue.
3. An ordinance amending the Zoning
Ordinance by changing the land use
regulations of a 2.81 acre tract, located
southeast of the intersection of Iowa
Highway 1 and Naples Avenue, from
County CP-1, Planned Commercial, to C1-1,
Intensive Commercial.
4. An ordinance amending the zoning
ordinance by changing the land use
regulations of a 0.87 acre tract, located on
the east side of West Side Drive and south
of Earl Road, from RM-12, Low Density
Multi-Family Residential and C1-1, Intensive
Commercial, to'CO-l, Commercial Office.
Copies of the proposed ordinances and
resolutions 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
ppdadnilr'Vnph- 1111 ,do~
Prepared by: Scott G. Kugler, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-
5243
ORDINANCE NO.
AN ORDINANCE AMENDING THE APPROVED
PRELIMINARY SENSITIVE AREAS
DEVELOPMENT PLAN FOR LOT 53 OF
WALDEN HILLS, LOCATED IN THE OSA-8,
SENSITIVE AREAS OVERLAY ZONE, AT THE
NORTHWEST CORNER OF ROHRET ROAD
AND SHANNON DRIVE, TO ALLOW A 120-
UNIT HOUSING FACILITY.
WHEREAS, the applicant, Iowa City IHA Senior
Housing Limited Partnership, has requested that
the City approve a revised preliminary Sensitive
Areas Development Plan for Lot 53 of Walden
Hills, an 8.66 acre property located within the
OSA-8, Sensitive Areas Overlay zone at the
northwest corner of Rohret Road and Shannon
Drive to allow a 120-unit housing facility; and
WHEREAS, the development of a housing facil-
ity on Lot 53 was contemplated when the Walden
Hills preliminary Sensitive Areas 'Development
Plan was approved by the City on March 4, 1997;
and
WHEREAS, the property is subject to a condi-
tional zoning agreement limiting the number of
dwelling units on Lot 53 to 120; and
WHEREAS, the revised Sensitive Areas Devel-
opment Plan for Lot 53, associated with this ordi-
nance, complies with all provisions of the March 4,
1997, Conditional Zoning Agreement, meets the
requirements for a preliminary Sensitive Areas
Development Plan, and illustrates a development
that will be compatible with the surrounding resi-
dential neighborhood.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SFCTION I. APPROVAL. A revised preliminary
Sensitive Areas Development Plan is hereby ap-
proved for the property described below, located
within the OSA-8, Sensitive Areas Overlay zone.
Lot 53, Walden Hills Subdivision, Iowa City,
Johnson County, Iowa.
SECTION II. ?ONING MAP. The building official
is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa to con-
form to this amendment upon the final passage,
Ordinance No.
Page 2
approval and publication of this ordinance as pro-
vided by law.
SFCTION III. CERTIFICATION AND
RFCORDING. The City Clerk is hereby author-
ized and directed to certify a copy of this ordi-
nance and the conditional zoning agreement.
SFCTION IV. RFPFALFR. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed,
SFCTION V. SFVFRABILITY. If any section,
provision or part of the Ordinance shall be ad-
judged to be invalid or unconstitutional, such ad-
judication shall not affect the validity of the Ordi-
nance as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional.
SFCTION VI. FFFFCTIVE DATF. This Ordi-
nance shall be in effect after its final passage, ap-
proval and publication, as provided by law.
Passed and approved this day of
,19
MAYOR
A'I-rEST: '
CITY CLERK
ppdadmin\ord~ot53.doc
City of Iowa City
MEMORANDUM
Date: October 31, 1997 (for November 6 meeting)
To:
Planning & Zonihg Commission
From: Scott. Kugler, Associate Planner
Re:
RE797-0016. Lot 53 Walden Hills - Revised Plans
Attached please find revised plans submitted by the applicant for the development of an
elderly housing facility on Lot 53 of Walden Hills. As discussed at the October 16 meeting,
four 30-unit buildings are now being proposed rather than one 120 unit building. Revisions
to the site plan have been made since the October 16 meeting to provide for drop-off/pick-
up areas for each building, to provide a better relationship between the buildings, more
usable open space areas, and to locate more of the parking between the highway and the
buildings rather than along Shannon Drive and Rohret Road.
Staff feels that overall the revised plan is an improvement over earlier versions and
recommends approval. This plan will not appear as institutional and massive within the
neighborhood as the one-building concept. Utilizing multiple buildings allows the mass of
the 120 dwelling units to be spread out on the site such that the buildings can be
separated somewhat from Highway 218, yet also be set back from Shannon Drive. The
parking area is set back approximately 100 feet from Shannon Drive, and a landscaped
"front yard" is provided. Adequate pedestrian connections between the buildings and the
surrounding sidewalks are to be provided,
Staff does feel that the building detailing along the short sides of the building could be
improved, particularly where they directly face Shannon Drive and Rohret Road. There
appears to be an opportunity to provide a few more windows than proposed on the current
elevations, and there may be additional details that could be considered to make these
facades more interesting. Staff will work with the applicant between now and the
November 6 meeting to attempt to resolve these issues.
Public Works is reviewing the location of the proposed sewer and water services for the
four buildings to determine whether any easements will be needed that may impact the site
design. It is anticipated that this issue can be resolved prior to the November 6 meeting.
The plan has been reviewed to ensure that it meets the technical requirements for a
preliminary Sensitive Areas Development Plan. It appears that these requirements are
being met. If this rezoning is approved, a staff review of the final development plan will
also occur prior to the issuance of any building permits for this development.
STAFF RECOMMENDATION:
Staff recommends that REZ97-0016, a request for approval of a revised Sensitive Areas
Development Plan to allow the development of a 120 unit elderly housing facility on Lot 53
of Walden Hills be approved.
ATTACHMENT:
Revised Sensitive Areas Development Plan for Lot 53, Walden Hills, including
building elevations.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
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City of Iowa City
MEMORANDUM
Date: October 10, 1997 (for October 16 meeting)
To:
Planning & Zoning Commission
From: Scott Kugler, Associate Planner
Re:
RE797-0016. Lot 53 Walden Hills - Revised Plans
On October 10, the applicant submitted a revised plan in response to concerns raised by
staff and Commission members regarding the previous plan. A copy of the revised site
plan is attached, but no building elevations or other information have been submitted.
Staff is recommending deferral to allow sufficient time for the submittal of building
elevations and a full staff review of the proposal. A waiver of the 45-day limitation period
would be needed if this item is to be deferred at the October 16 meeting.
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STAFF REPORT
To: Planning and Zoning Commission
Item: REZ97-0016. Lot 53, Walden Hills
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
Prepared by: Scott Kugler
Date: October 2, 1997
Iowa City IHA Senior Housing Limited
Partnership
319 E. Washington Street
PO Box 1226
Iowa City, Iowa 52244
Phone: 338-7600
Burns & Burns Architects
(same as above)
Phone: 338-7600
Approval of a Sensitive Areas
Development Plan
To allow the construction of a 120 unit
elderly housing facility
Northwest corner of Rohret Road and
Shannon Drive
8.66 acres
Vacant, OSA-8
North:
East:
South:
West:
Vacant (future townhouses
planned), OSA-8;
Vacant (single and two family
residential under development),
OSA-8;
Residential, RS-5;
Highway 218.
Residential, 2-8 units per acre
Chapter 14-7, Land Subdivisions
August 28, 1997
October 12, 1997
BACKGROUND INFORMATION:
The applicant, Iowa City IHA Senior Housing Limited Partnership, is requesting approval of a
Sensitive Areas Development Plan for Lot §3 of Walden Hills, an 8.66 acre tract located at
the northwest corner of Rohret Road and Shannon Drive. Walden Hills was rezoned in March
of 1997 to OSA-8, Sensitive Areas Overlay, to allow a development of up to 249 dwelling
units, including a potential 120 units on Lot 53. It was specifically noted that the density on
Lot 53 could not exceed 120 units, but that no specific number of units was being approved
at the time, and that a rezoning and associated development plan would be needed to
determine the appropriate scale of development on this lot. At the time, the City had seen no
development plans indicating how the development would fit on Lot 53 and with the rest of
the planned subdivision, and was reluctant to grant approval of any specific number of
dwelling units. This Sensitive Areas Overlay rezoning is a direct result of this condition that
was placed on the approval of the earlier Walden Hills rezoning. Although no environmentally
sensitive features exist on Lot 53 itself that would require a rezoning, this application is a
modification of a previously approved Sensitive Areas Development Plan.
ANALYSIS:
When this property was rezoned, density was transferred from the eastern edge of the
development, where it abuts a single-family neighborhood, to the north and northwest
portions of the site. There are a number of townhouses proposed for the northwest portion
of the site, and much of the allowable density was transferred for potential development on
Lot 53. Although the proposed 120 dwelling units on an 8.66 acre lot results in a density of
approximately 13.9 dwelling units per acre, the overall density of the entire Walden Hills
development would equal approximately 7.23 units per acre. Staff feels that the
compatibility of the proposed building with the rest of the neighborhood is a key issue in
determining whether or not the proposed number of units is appropriate for this site.
Building Compatibility within the Neighborhood: Staff's has expressed a great deal of
concern to the applicant about the scale of the proposed building in relation to the
neighborhood that is planned to be developed around it. Two different plans have been
submitted for review, both of which present, in staff's opinion, a building that will be
institutional in appearance, and massive in comparison to the single-family, duplex, and
townhouse development planned for the rest of the Walden Hills property. The second
design (to be referred to as Plan B) was submitted to address staff comments relative to the
first submittal (Plan A). The applicant has requested that both plans be presented to the
Commission to illustrate the changes that were made to address staff's initial comments on
Plan A, and that Plan B be considered as the proposal being presented for consideration.
Both plans illustrate that the applicant is proposing to construct a 120 unit elderly housing
facility which would consist of one large building made up of three wings, each containing
three floors of living space. Underground parking is being proposed under one building wing,
with the balance of the required parking to be provided on a surface parking lot. Staff's
general comments on Plan A are presented below, followed by a more detailed analysis of
Plan B.
Plan A: When Plan A was reviewed a number of staff comments were passed on to the
applicant. Mainly, staff was concerned about the scale of the building in relation to the rest
of the subdivision. Individual building wings were proposed to be about a block long with
little building articulation to help break-up the institutional appearance of the building. Due to
a fairly significant change in grade on the property, the three-story building being proposed
would have been about five stories tall at its north end. A mostly blank, exposed foundation
wall reaching approximately 1§ feet in height along all of the north elevation of the building,
and along the north end of the.east elevation parallel to Shannon Drive, was proposed. At its
south end, the building would be approximately 26 feet high at the eave line and 41 feet at
the top of the roof, but at its north end it would be approximately 41 feet at the eave line and
§7 feet at the top of the roof. A building height of 35 feet is permitted in the RS-8 zone (the
underlying zone), and will be enforced over the rest of the subdivision. Staff felt the building
was too tall and massive in comparison with the rest of the neighborhood, the proposed
building design was not consistent with what is being planned for the rest of the
neighborhood, and that the building would be very imposing along Shannon Drive given its
height, mass and lack of articulation. The proximity of the west building wing to Highway
218 was also a concern. Staff suggested that the applicant consider making use of separate
buildings, reducing the height of the buildings, stepping the buildings down the hillside to
avoid excessive building height, consider making the upper floor of the building a half-story,
with dormers to help retain some of the floor area, providing more building articulation that
would reflect the scale of the neighborhood to be developed around it, and consider
soundproofing of the building along the west side of the west building wing.
Plan B: Plan B was submitted in response to staff's comments on Plan A, as detailed above.
The major changes include a reorientation of the building such that most of it is moved
farther away from Shannon Drive, and stepping the building down the hillside in a manner
that helps to keep the building height closer to the 3§ feet permitted in the RS-8 zone.
However, the building would still approach 50 feet tall to the roof peak at some points, and
at the eave line as high as 36 feet. The actual building height in terms of compliance with
the zoning ordinance is measured at the midpoint between the eave line and the ridge line of
the roof, and appears to reach a height of 42 to 43 feet at the north end of the building.
(Building elevations submitted were not fully dimensioned, so the above figures are
measurements taken from the building elevations.)
The lots along the east side of Shannon Drive, directly opposite Lot 53, will consist of
attached zero lot line dwellings, with all but two buildings likely facing side streets rather than
Shannon Drive. These two buildings (four dwelling units) on Lots 1-4 would face the south
building wing (which is to be set back approximately 130 feet from the right-of-way) and a
parking area. However, a majority of the residents of this neighborhood will use Shannon
Drive as their primary access to and from the subdivision, and the design and compatibility of
the structure will affect how they perceive their neighborhood.
Although the building would be moved farther west and away from Shannon Drive on Plan B,
and thus farther away from much of the neighborhood, the revised design would make the
building appear much longer and larger than the original layout proposed on Plan A, and
increase the institutional character of the building. Building wings would range from about
185 feet to 225 feet in length along the front elevations, or facing the parking lot, and from
about 215 feet to 290 feet in length along the rear elevations. In total, there will be over
620 feet of building wall facing east toward the duplex and single-family portions of this
neighborhood. In comparison, the new apartment building in the 600 block of Iowa Avenue
is approximately 185 feet in length, and the commercial/residential building recently
constructed at the southwest corner of Gilbert and College streets is about 175 feet long
along College Street, and 145 feet long along Gilbert Street. In terms of building height, the
Iowa Avenue building is approximately 53 feet high at its roof peak. The Gilbert/College
Street building is a much taller building with more levels, and is not a good comparison in
terms of building height. Given that the building faces the main entrance to and from this
subdivision, and that this corner of the site is a bit higher in elevation than much of the rest
of the subdivision, staff feels that it will be a very imposing structure. The revised plan also
illustrates a larger parking lot in front of the building than shown on Plan A.
One way to reduce the visual scale of a building is to provide more variation and modulation
of the building facades to achieve a more compatible appearance with a residential
neighborhood consisting mainly of smaller buildings. The planned neighborhood does contain
some townhouses and multi-family buildings, but based on the footprints and elevations
submitted during the initial rezoning process, the detailing of these buildings will be
compatible with the architecture and "rhythm" of the rest of the neighborhood, and with the
existing development in the Walden Woods subdivision. None of these buildings will be as
large or contain facades or walls of a similar scale to those being proposed for Lot 53.
Although the building does contain some variation in the building planes and minor variations
in the roofline, they appear to be too subtle to help reduce the scale of the building visually.
The applicant has indicated that it is too costly to provide this type of building treatment and
still provide affordable housing. However, the Community Development staff has indicated
that the applicant intends to seek significant levels of public funding to assist in the
development of this project. Staff feels it is not unreasonable for the City to require that care
be taken to ensure that the development will be compatible with its surrounding
neighborhood.
Individual heating and cooling units are being proposed for each dwelling unit. The units are
to be located on the exterior walls and incorporated into the fenestration of the building. A
photograph illustrating how the units have been incorporated into another building is included
as an attachment to this report. Staff is concerned about the appearance of these units on
the building. At a minimum, the windows and heating units should be consistent in size. The
building elevations currently indicate that the mechanical units will be taller than the
windows, and will not be trimmed like the windows, so they appear to be narrower as well.
Preferably, there would be an attempt to locate the units so that their visibility would be
minimized, as was done on the photograph provided by the applicant as an example. There
the units were located on the side of a projecting bay rather than on the face of the building.
While the applicant feels that the revised design addresses most of staff's concerns, staff
feels that the revised design offers little improvement, and in some ways is less compatible
with the development proposed for the rest of the property than the original design. Based
on the plans that have been submitted to date, staff questions whether 120 dwelling units
can be located on this site in a manner that is compatible with the surrounding area. The
applicant contends that 120 dwelling units were approved for this lot previously. When the
initial OSA-8 rezoning was approved, it was clearly noted that without a development plan,
staff was unable to assess the impact of 120 dwelling units on this neighborhood, and
therefore, no specific number of units was approved. The upper limit was established at 120
dwelling units, but the need for a future rezoning and development plan approval was made
5
clear in staff reports and the conditional zoning agreement, and the Commission's minutes
indicate that this issue was discussed extensively. It is staff's opinion that the City has not
approved the location of 120 dwelling units on this property, and 'is not obligated to approve
120 dwelling units unless it is satisfied that the development will be compatible with the
surrounding neighborhood that is to be developed around it.
Parking: The applicant is proposing both surface parking and parking under the north end of
the building. Given the residential setting, staff would prefer that the parking be provided in
two or more smaller parking lots than one large lot. As currently designed, the parking lot
would contain 120 spaces.
Other Development Issues: Much of the analysis associated with the development of this
property occurred at the time of the initial rezoning and approval of the preliminary and final
plats. Neighborhood circulation and the location of access drives for the property were
discussed at that time. This review should be aimed at ensuring a compatible design and
density for the development of Lot 53, but should also ensure that other provisions of the
Zoning Chapter and the approved final plat for this property are complied with. A review of
the plan in terms of the technical requirements of the code and the plat is underway, though
not yet completed. It is anticipated that this review will be completed prior to the
Commission's second public discussion of this item, which will likely occur on October 16. A
waiver of the 45-day limitation period will be needed before the Commission defers
consideration of this item to October 16.
STAFF RECOMMENDATION:
Staff recommends that REZ97-0016, request for approval of a revised Sensitive Areas
Development Plan for Lot 53 of Walden Hills, located within the OSA-8 zone at the northwest
corner of Rohret Road and Shannon Drive, be denied.
DEFICIENCIES AND DISCREPANCIES:
1. Full analysis of the plan has not yet been completed.
ATTACHMENTS:
1. Location map.
2. Plan A.
3. Plan B.
4. Photograph illustrating proposed heating and cooling units.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
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NOTICE OF PUBLIC HEARING
Notice is hereby given that public hearings
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 11th day of
November, 1997, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
consider the following items:
1. An ordinance to amend the approved
Sensitive Areas Development Plan for
Walden Hills to allow the development of
Lot §3, containing 8.66 acres and located
within the OSA-8, Sensitive Areas Overlay
Zone, at the northwest corner of Rohret
Road and Shannon Drive.
~.~ 2 resolution approving the annexation of a
.81 acre tract located southeast of the
intersection of Iowa Highway 1 and Naples
Avenue.
3. An ordinance amending the Zoning
Ordinance by changing the land use
regulations of a 2.81 acre tract, located
southeast of the intersection of Iowa
Highway 1 and Naples Avenue, from
County CP-1, Planned Commercial, to C1-1,
Intensive Commercial.
4. An ordinance amen,cling the zoning
ordinance by changing the land use
regulations of a 0.87 acre tract, located on
the east side of West Side Drive and south
of Earl Road, from RM-12, Low Density
Multi-Family Residential and C1-1, Intensive
Commercial, to CO-1, Commercial Office.
Copies of the proposed ordinances and
resolutions 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
ppdadmln/nph-1111.doc
Prepared by: John Yapp, Associate Planner, 4i 0 E. Washington St., Iowa City, IA 52240 (319) 356-5247
RESOLUTION NO.
RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 2,81
ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 1
AND NAPLES AVENUE,
WHEREAS, Randy and Tamara Miller, as owners of the subject property, have applied for
voluntary annexation of 2.81 acres of property located southeast of the intersection of Highway 1
and Naples Avenue; and
WHEREAS, pursuant to Iowa Code {}368.5 and 368.7 (1997), the Johnson County Attorney was
served with notice of the headng and proposal, and the application for annexation was sent by
certified mail to the Johnson County Board of Supervisors, each affected public utility, the City of
Hills, the City of University Heights, and the East Central Iowa Council of Governments; and
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:
1. The following described land should be voluntarily annexed to the City of Iowa City:
Commencing at the Southwest Corner of the Southeast Quarter, of Section 20, Township 79
North, Range 6 West, of the Fifth Principal Meridian, Thence N00°25'45"E, (A Recorded
Bearing) along the West Line of said Southeast Quarter, 1395.30 feet, in accordance with the
"Right-of-Way Plat", Recorded in Deed Book 767, at Page 229 of the Records of the Johnson
County Recorder's Office, said Point being the intersection of the West Line of the Northwest
Quarter, of the Southeast Quarter of said Section 20, with the South Line of the North 18.56
chains of said Northwest Quarter; Thence N39°58'45"E, along said South Line, 150.00 feet, to
the Point of Beginning of a Stormwater Detention Basin Easement; Thence N00°25'45"E,
149.03 feet, to a Point on the Southeasterly Right-of-Way Line of Iowa Highway No. 1; Thence
N68°17'45"E, along said Southeasterly Right-of-Way Line, 143.97 feet, to its Intersection with
the Southwesterly Right-of-Way Line of Ramp "C" of Primary Road No. 218; Thence
S59°18'15"E, along said Southwesterly Right-of-Way Line, 396.00 feet, to a Point on the
South Line on the North 18.56 chains of said Northwest Quarter; Thence S89°58'45"W, along
said South Line, 475.40 feet, to the Point of Beginning. Said Easement contains 58,021
square feet, more or less.
2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under {}368.7 (1997).
Resolution No.
Page 2
e
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
MAYOR
Approved by
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
Baker
Kubb¥
Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution be
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STAFF REPORT
To: Planning and Zoning Commission
Prepared by: John Yapp
Item: ANN97-0002 & REZ97-0014 Date: September 18, 1997
Lot 5, Scott's 2nd Addition Annexation & Rezoning
GENERAL INFORMATION:
Applicant:
Randy and Tamara Miller
4161 Naples Avenue SW
Iowa City, Iowa 52240
Contact person:
Timothy Grady
321 E. Market Street
Iowa City, Iowa 52245
Requested action:
Annexation and Rezoning to C1-1
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
File date:
45-day limitation period:
SPECIAL INFORMATION:
Public Services:
Transportation:
To bring property adjacent to Iowa City
within corporate limits
Southeast of the intersection of
Highway 1 and Naples Avenue
2.81 acres
Vacant, County CP-1
North: Iowa Highway 1, U.S. Highway
218
East: U.S. Highway 218, Vacant; C1-1
South: Vacant; C1-1
West: Commercial; County CP-2
The Comprehensive Plan indicates that
this property is within the long' range
growth area, however, a land use
designation is not given.
August 27,1997
October 11, 1997
City sewer and water can be made
available to this site by tapping into the
mains that serve the Winebrenner
property to the east.
The nearest bus route is the Plaen
View route, which passes through the
intersection of Highway 1 and Mormon
Trek Boulevard.
2
Physical Characteristics:
BACKGROUND INFORMATION:
The site is relatively flat.
Approximately 1.3 acres of the
northern portion of the site is covered
by a stormwater detention basin
easement.
Randy and Tamara Miller have applied for voluntary annexation into Iowa City for 2.81 acres
of property southeast of the intersection of Naples Avenue and Iowa Highway 1, and for
rezoning the property to C1-1, Intensive Commercial. Much of the land in the south quadrant
of the Iowa Highway 1/U.S. Highway 218 interchange, to the south and east of this
property, was annexed and rezoned to C1-1 in 1 995.
ANALYSIS:
ANN87-0002. Proposed annexation of 2.81 acres southeast of the intersection of Naples
Avenue and Iowa Highway 1.
Fringe Area Agreement:
The Fringe Area Agreement between Johnson County and the City of Iowa City states that
"upon annexation to Iowa City, commercial and/or industrial development is encouraged in
the portion of West Lucas Township that is located in the east and south quadrants of the
Highway 1 and Highway 218 interchange." The Fringe Area Agreement also states that "the
city will give favorable consideration to the voluntary annexation of this land and its
development for commercial and/or industrial uses consistent with urban development
patterns." Clearly, the Fringe Area Agreement supports the annexation of this property into
Iowa City corporate limits.
Comprehensive Plan:
Although the short-range development of this area was not contemplated in the current
Comprehensive Plan, the Plan's annexation policy suggests that "petitions for voluntary
annexation should be viewed positively when... control of development at entranceways to
the community is in the city's best interest," Given that the land to the south and east of
this property is within City Limits, staff feels it is in the City's best interest to annex this
property, so that 'City design standards will apply to it.
REZ97-0014. Proposed Rezoning from County CP-1 to C1-1, Intensive Commercial
The applicant is proposing that the subject property be zoned C1-1 upon annexation. The C1-1
zone is intended to provide areas for those sales and service functions and businesses whose
operations are typically characterized by outdoor display, storage and/or sale of merchandise,
by repair of motor vehicles, by outdoor commercial amusement and recreational activities or
by activities and operations condubted in buildings or structures not completely enclosed.
Iowa Highway 1 has developed as a significant commercial corridor during the last 10 years,
and commercial uses are projected for this area as stated in the Fringe Area Agreement.
Entranceway Considerations:
This property is located near one of the major entranceways to Iowa City, the Highway
218/Highway 1 interchange. Rezonings to commercial zones that have occurred along
Highway 1 (east of Highway 218) have included conditions requiring landscaping, site design,
and sign controls in an attempt to preserve and improve the appearance of this entranceway
corridor, and to limit the amount of visual clutter, such as numerous signs, lights, and access
points, that often is associated with commercial corridors. Staff proposes similar
entranceway considerations for this property.
No outdoor storage of merchandise or materials shall occur within 100 feet of the
Highway 1 right-of-way. Outdoor storage areas located beyond the 100 feet of the
Highway 1 right-of-way shall be screened with a solid wall at least six feet in
height, and a planted landscape bed a minimum of 15 feet in width shall be located
adjacent to the wall.
Loading docks and receiving areas shall not be located on any wall facing Highway
1. Loading docks which are visible from Highway 1 must be screened from view.
The periphery of all parking areas shall 'have planted landscaped beds at least 15
feet in width.
No more than one freestanding sign shall be permitted on the property.
landscape beds a minimum of 5 feet in width shall be provided along at least 25%
of front building elevations, and shall be planted with a variety of evergreen and
deciduous shrubbery.
No direct access to Iowa Highway 1 shall be permitted. Only one access to Naples
Avenue shall be permitted, at least 150 feet from the Highway 1 right-of-way.
A development concept plan and building elevations shall be submitted to the
Department of Planning and Community Development prior to development. The
Director of Planning and Community Development shall approve the concept plan
and building design based on the criteria listed above. Decisions of the Director
may be appealed to the City Council upon recommendation of the Planning and
Zoning Commission.
STAFF RECOMMENDATION:
Staff recommends that ANN97-0002/REZ97-0014, a request to annex and rezone 2.81 acres
of property located southeast of the intersection of Iowa Highway 1 and Naples Avenue from
County CP-1, Planned Commercial, to C1-1, Intensive Commercial, be conditionally approved,
subject to the applicant agreeing to a conditional zoning agreement which includes conditions
1-7 above.
ATTACHMENTS:
1. Location Map.
2. Plat of Lot 5, Scott's Second Addition
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
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NOTICE OF PUBLIC HEARING
Notice is hereby given that public hearings
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 11th day of
November, 1997, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
consider the following items:
1. An ordinance to amend the approved
Sensitive Areas Development Plan for
Walden Hills to allow the development of
Lot 53, containing 8.66 acres and located
within the OSA-8, Sensitive Areas Overlay
Zone, at the northwest corner of Rohret
Road and Shannon Drive.
2. A resolution approving the annexation of a
2.81 acre tract located southeast of the
intersection of Iowa Highway 1 and Naples
Avenue.
An ordinance amending the Zoning
Ordinance by changing the land use
regulations of a 2.81 acre tract, located
southeast of the intersection of Iowa
Highway 1 and Naples Avenue, from
County CP-1, Planned Commercial, to C1-1,
Intensive Commercial.
4. An ordinance amending the zoning
ordinance by changing the land use
regulations of a 0.87 acre tract, located on
the east side of West Side Drive and south
of Earl Road, from RM-12, Low Density
Multi-Family Residential and C1-1, Intensive
Commercial, to CO-1, Commercial Office.
Copies of the proposed ordinances and
resolutions 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
ppd~dmln/nph-1111,doc
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
CHAPTER BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF APPROX-
IMATELY 2.8'1 ACRES OF PROPERTY
LOCATED SOUTHEAST OF THE
INTERSECTION OF IOWA HIGHWAY t AND
NAPLES AVENUE, FROM COUNTY CP-1,
PLANNED 'COMMERCIAL, TO C1-1, INTENSIVE
COMMERCIAL.
WHEREAS, the owners, Randy M. and Tamare
J. Miller, have requested that the City annex and
rezone 2.81 acres of property located southeast of
the intersection of Iowa Highway 1 and Naples
Avenue; and
WHEREAS, the proposed rezoning will allow
commercial development within the corporate lim-
its utilizing City utilities and services; and
WHEREAS, Iowa Code 414.5 (1997) provides
that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning re-
quest, over and above existing regulations, in or-
der to satis~ public needs directly caused by the
requested change; and
WHEREAS, the owners acknowledge that cer-
tain conditions and restrictions are reasonable to
ensure appropriate development at an entrance-
way to Iowa City, and
WHEREAS, the owner has agreed to use this
property in accordance with the terms and condi-
tions of a conditional zoning agreement to ensure
appropriate development in this area of Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SF:CTION I. APPROVAL. Subject to the terms
and conditions of the conditional zoning agree-
ment for the subject property, attached hereto' and
incorporated by reference herein, the property as
described below is hereby reclassified from its
present classification of CP-1, Planned Commer-
cial, to C1-1, Intensive Commercial:
Commencing at the Southwest Corner of the
Southeast Quarter of Section 20, Township
79 North, Range 6 West, of the Fifth
Principal Meridian, Thence N00°25'45"E,
(AA Recorded Bearing) along the West Line
Ordinance No.
Page 2
of said Southeast Quarter, 1395.30 feet, in
accordance with the "Right-of-Way Plat,"
Recorded in Deed Book 767, at Page 229 of
the Records of the Johnson County
Recorder's Office, said Point being the
intersection of the West Line of the
Northwest Quarter, of the Southeast Quarter
of said Section 20, with the South Line of the
North 18.56 chains of said Northwest
Quarter; Thence N39°58'45"E, along said
South Line, 150 00 feet, to the Point of
Beginning of a Stormwater Detention Basin
Easement; Thence N00°25'45"E, 149.03
feet, to a Point on the Southeasterly
Right-of-Way Line of Iowa Highway No 1;
Thence N68°17'45"E, along said
Southeasterly Right-of-Way Line, 143.97
feet, to its Intersection with the
Southwesterly Right-of-Way Line of Ramp
"C" of Primary Road No 218, Thence
S59°18'15"E, along said Southwesterly
Right-of-Way Line, 396.00 feet, to a Point on
the South Line of the North 18.56 chains of
said Northwest Quarter; Thence
S89°58'45"W, along said South Line, 475.40
feet, to the Point of Beginning. Said
Easement contains 58,021 square feet,
more or less.
SECTION II. 7ONING MAP. The building official
is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa to con-
form to this amendment upon the final passage,
approval and publication of this ordinance as pro-
vided by law.
SECTION III. CONDITIONAL ZONING
AGREEMI=NT. The Mayor is hereby authorized
and directed to sign, and the City Clerk to attest,
the Conditional Zoning Agreement between the
property owners and the City, following passage
and approval of this ordinance.
SECTION IV. CFRTIFICATION AND
RFCORDING. The City Clerk is hereby author-
ized and directed to certify a copy of this ordi-
nance and the conditional zoning agreement.
SECTION V. REPI=ALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SI=CTION VI. SF'VFRABILITY. If any section,
provision or part of the Ordinance shall be ad-
judged to be invalid or unconstitutional, such ad-
judication shall not affect the validity of the Ordi-
nance as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional.
SFCTION VII. FFFFCTIVF DATI=. This Ordi-
nance shall be in effect after its final passage, ap-
proval and publication, as provided by law.
Ordinance No.
Page 3
Passed and approved this
,19
day of
MAYOR
ATTEST:
CITY CLERK
ppdadmln~'d~naples,doc
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "the City"), and Randy M. and Tamera J. Miller (hereinafter collectively referred to as
"Owners").
WHEREAS, Owners have requested the City to annex and rezone 2.81 acres of property located
southeast ofthe intersection of Iowa Highway 1 and Naples Avenue, from the County designation
of CP-1, Planned Commemial, to C1-1, Intensive Commercial; and
WHEREAS, Iowa Code Section 414.5 (1997) provides that the City of Iowa City may impose
reasonable conditions on granting Owners' rezoning requests, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, it is a stated policy in the City's Comprehensive Plan to preserve and enhance the
entranceways to Iowa City, as the visual impression .projected of the City through its
entranceways can contribute to the economic and social welfare of Iowa City by making it a more
attractive place to live and work; and
WHEREAS, Owners acknowledge that certain conditions and restrictions are appropriate in order
to ensure appropriate development at an entranceway to Iowa City; and
WHEREAS, Owners have agreed to develop the property in accordance with the terms and
conditions of this Conditional Zoning Agreement to ensure appropriate development of this
property.
NOW, THEREFORE, in consideration of mutual promises made herein, the parties agree as
follows:
The Owners are the owners and legal title holders of property located southeast of the
intersection of Iowa Highway 1 and Naples Avenue, which is more particularly descd.bed
as follows:
Commencing at the Southwest Corner of the Southeast Quarter of Section 20,
Township 79 North, Range 6 West, of the Fifth Principal Meridian, Thence N00°25'45"E,
(AA Recorded Bearing) along the West Line of said Southeast Quarter, 1395.30 feet, in
accordance with the "Right-of-Way Plat," Recorded in Deed Book 767, at Page 229 of
the Records of the Johnson County Recorder's Office, said Point being the intersection
of the West Line of the Northwest Quarter, of the Southeast Quarter of said Section 20,
with the South Line of the North 18.56 chains of said Northwest Quarter; Thence
2
N39°58'45"E, along said South Line, 150 00 feet, to the Point of Beginning of a
Stormwater Detention Basin Easement; Thence N00°25'45"E, 149.03 feet, to a Point on
the Southeasterly Right-of-Way Line of Iowa Highway No 1; Thence N68°17'45"E, along
said Southeasterly Right-of-Way Line, 143.97 feet, to its Intersection with the
Southwesterly Right-of-Way Line of Ramp "C" of Primary Road No 218, Thence
S59°18'15"E, along said Southwesterly Right-of-Way Line, 396.00 feet, to a Point on the
South Line of the North 18.56 chains of said Northwest Quarter; Thence S89°58'45"W,
along said South Line, 475.40 feet, to the Point of Beginning. Said Easement contains
58,021 square feet, more or less.
Owners acknowledge that the City wishes to ensure that the development of the subject
property is appropriate for an entranceway to Iowa City. Therefore, Owners agree to
certain conditions over and above City regulations in order to achieve development
adequate in appearance for this entranceway to Iowa City.
In consideration of the City's rezoning the subject property from County CP-1 to C1-1,
Owners agree that development and use of the subject property will conform to all
requirements of the C1-1 zone as well as the following additional conditions:
No outdoor storage of merchandise or materials shall occur within 100 feet of the
Iowa Highway 1 right-of-way. Outdoor storage areas located beyond the 100.feet
of the Highway 1 right-of-way shall be screened with a solid wall at least 6 feet in
height, and a planted landscaped bed a minimum of 15 feet in width shall be
located adjacent to the wall.
bo
Loading docks and receiving areas shall not be located on any wall facing Highway
1. Loading docks which are visible from Highway 1 must be screened from any
such view.
Co
The pedphen/of all parking areas shall have planted landscaped beds at least 15
feet in width.
d. No more than one free standing sign shall be permitted on the property.
so
Landscaped beds a minimum of 5 feet in width shall be provided along at least
25% of front building elevations, and shall be planted with a variety of evergreen
and deciduous shrubben/.
No direct access to Iowa Highway 1 shall be permitted. Only one access to Naples
Avenue shall be permitted, at least 150 feet from the Highway 1 right-of-way.
go
A development concept plan and building elevation shall be submitted to the
Department of Planning and Community Development prior to development. The
Director of the Department of Planning and Community Development shall
approve concept plan and building design based on the criteda listed above.
Decisions of the Director may be appealed to the City Council upon
recommendation of the Planning & Zoning Commission.
3
e
The parties acknowledge that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code 414.5' (1997) and are appropriate conditions required
to ensure an acceptable appearance of development at an entranceway to Iowa City.
Owners acknowledge that in the event subject property is transferred, sold, redevetoped or
subdivided, all redevelopment will conform with the terms of this agreemenL
The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with the 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. Parties further acknowledge that this Agreement shall inure to the benefit of
and bind all successors, representatives and assigns of the parties. Further, the parties
agree and acknowledge that no pdvate agreements to the contrary shall relieve the
property of the above covenants and obligations, and that any amendment or release of
the above conditions and obligations shall necessarily require the participation of the City.
Nothing in this Agreement shall be construed to relieve the Owners from complying with all
applicable, local, State and Federal regulations.
The parties agree that the Iowa City City Clerk shall record this Conditional zoning
Agreement in the Johnson County Recorder's Office at Owners' expense.
Dated this day of ,1997.
OWNERS
CITY OF IOWA CITY
Randy M. Miller
Naomi J. Novick, Mayor
Tamera J. Miller
Attest:
Madan K. Karr, City Clerk
~.,~ttome' "'.
4
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of ,19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared
, to me known to be the identical person(A) named in and who executed
the within and foregoing instrument, and acknowledged that(he/she/they) executed the same as
(his/her/their) voluntary act and deed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of ,19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared
, to me known to be the identical person.(.~.) named in and who executed
the within and foregoing instrument, and acknowledged that (he/she/they) executed the same as
(his/her/their) voluntary act and deed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 19 , before me,
, a Notary Public in and for the State of
Iowa, personally appeared Naomi J. Novick and Madan K. Karr, to me personally known, and,
who, being by me duly swom, 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 Madan 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
NOTICE OF PUBLIC HEARING
Notice is hereby given that public hearings
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 11th day of
November, 1997, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
consider the following items:
1. An ordinance to amend the approved
Sensitive Areas Development Plan for
Walden Hills to allow the development of
Lot §3, containing 8.66 acres and located
within the OSA-8, Sensitive Areas Overlay
Zone, at the northwest corner of Rohret
Road and Shannon Drive.
2. A resolution approving the annexation of a
2.81 acre tract located southeast of the
intersection of Iowa Highway 1 and Naples
Avenue.
3. An ordinance amending the Zoning
Ordinance by changing the land use
regulations of a 2.81 acre tract, located
southeast of the intersection of Iowa
Highway 1 and Naples Avenue, from
County CP-1, Planned Commercial, to C1-1,
Intensive Commercial.
An ordinance amending the zoning
ordinance by changing the land use
regulations of a 0.87 acre tract, located on
the east side of West Side Drive and south
of Earl Road, from RM-12, Low Density
Multi-Family Residential and C1-1, Intensive
Commercial, to CO-1, Commercial Office.
Copies of the proposed ordinances and
resolutions 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
ppdadmln/nph-1111 ,doc
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
CHAPTER BY CONDITIONALLY CHANGING
THE USE* REGULATIONS OF
APPROXIMATELY 0.87 ACRES OF PROPERTY
LOCATED ON THE EAST SIDE OF WESTSIDE
DRIVE, SOUTH OF EARL ROAD, FROM RM-12,
LOW-DENSITY, MULTI-FAMILY RESIDENTIAL,
AND C1-1, INTENSIVE COMMERCIAL, TO CO-
1, OFFICE COMMERCIAL.
WHEREAS, the owner, Smith-Moreland
Properties, has requested that the City rezone
approximately 0.87 acres of property located on
the east side of Westside Drive, south of Ead
Road, from RM-12 Low-Density, Multi-Family
Residential (0.48 acres) and C1-1, Intensive
Commercial (0.39 acres) to CO-1 Office
Commercial; and
WHEREAS, the proposed rezoning will allow the
development of an office commercial building on
this property; and
WHEREAS, Iowa Code 414.5 (1997) 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 cer-
tain conditions and restrictions are reasonable to
ensure that any development on the subject
property is compatible with the adjacent
residential neighborhood; and
WHEREAS, the owner has agreed to use this
property in accordance with the terms and condi-
tions of a conditional zoning agreement to
address the above-referenced issue.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
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 from its present classification
of RM-12, Low-Density, Multi-Family Residential,
and C1-1, Intensive Commercial, to CO-1, Office
Commercial:
Beginning at the Northwest Corner of Lot 2, of
the Resubdivision of Lot 3, West Side Park,
Ordinance No.
Page 2
Iowa City, Iowa in accordance with the plat
thereof recorded in Plat Book 37, at page 309
of the records of the Johnson County
Recorder's Office; Thence N89°35'04"E,
along the North Line of said Lot 2, a distance
of 300.01 feet, to the Northeast Comer
thereof; Thence S00°05'29"W, along the East
Line of said Lot 2 and the East Line of Lot 2,
West Side Park, Iowa City, Iowa in
accordance with the plat thereof recorded in
Plat Book 24, at page 45, of the records of the
Johnson County Recorder's Office, 127.00
feet; Thence S89°35'04"W, 302.58 feet, to a
point on the West Line of said Lot 2, West
Side Park and the Easterly Right of Way Line
of West Side Drive; Thence Northeasterly
60.73 feet along said Lines and a 716.20 foot
radius curve, concave Northeasterly whose
60.71 foot chord bears N02°31'14"E; Thence
N00°05'29"E, along the West Line of Lot 2, of
the Resubdivision of Lot 3, West Side Park
and the Easterly Right of Way Line of West
Side Drive, 65.37 feet, to the Point of
Beginning. Said Tract of land contains 38,153
Square Feet, and is subject to easements and
restrictions of record.
SECTION II. ZONING MAP. The building official
is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa to con-
form to this amendment upon the final passage,
approval and publication of this ordinance as pro-
vided by law.
SECTION III. CONDITIONAL ZONING
AGREEMENT. The Mayor is hereby authorized
and directed to sign, and the City Clerk to attest,
the Conditional Zoning Agreement between the
property owners and the City, following passage
and approval of this ordinance.
SECTION IV. CERTIFICATION AND
RECORDING. The City Clerk is here§y author-
ized and directed to certify a copy of this ordi-
nance and the conditional zoning agreement for
recordation in the Office of the Recorder, Johnson
County, Iowa, upon passage and approval of this
ordinance.
SECTION V. REPEALI=R. 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 ad-
judged 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 unconstitu-
tional.
SECTION VII. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Ordinance No.
Page 3
Passed and approved this~
,19
day of
MAYOR
ATTEST:
CITY CLERK
pf)dadmtn~side.doc
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal cor-
poration (hereinafter "CITY"), and Smith-Moreland Properties (hereinafter "OWNER").
WHEREAS, Owner has requested the City to fezone approximately 0.87 acres of property
located on the east side of Westside Drive and south of Earl Road, from RM-12, Low
Density Multi-Family Residential (0.48 acres) and C1-1, Intensive Commercial (0.39 acres)
to C0-1, Office Commercial; and
WHEREAS, Iowa Code Section 414.5 (1997) provides that the City of Iowa City may
impose reasonable conditions on granting owner's rezoning request, over and above exist-
ing regulations, in order to satisfy public needs directly caused by the requested change;
and
WHEREAS, the subject property is adjacent to and across the street from residential
developmental, and the City wishes to ensure that the proposed commercial office zoning
is compatible with said residential development; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable in
order to ensure appropriate urban development in this residential area; and
WHEREAS, Owner agrees to develop this property in accordance with certain terms and
conditions to ensure appropriate development in this area of Iowa City.
NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree
as follows:
Smith-Moreland properties is the legal title holder of property located on the east
side of Westside Drive and south of Earl Road, which property is more particularly
described as follows:
Beginning at the Northwest Corner of Lot 2, of the Resubdivision of Lot 3, West Side
Park, Iowa City, Iowa in accordance with the plat thereof recorded in Plat Book 37, at
page 309 of the records of the Johnson County Recorder's Office; Thence
N89°35'O4"E, along the North Line of said Lot 2, a distance of 300.01 feet, to the
Northeast Corner thereof; Thence S00°05'29"W, along the East Line of said Lot 2
and the East Line of Lot 2, West Side Park, Iowa City, Iowa in accordance with the
plat thereof recorded in Plat Book 24, at page 45, of the records of the Johnson
County Recorder's Office, 127.0~ feet; Thence S89°35'04"W, 302.58 feet, to a
point on the West Line of said Lot 2, West Side Park and the Easterly Right of Way
Line of West Side Drive; Thence Northeasterly 60.73 feet along said Lines and a
716.20 foot radius curve, concave Northeasterly whose 60.71 foot chord bears
NO2°31'14"E; Thence NOO°OS'29"E, along the West Line of Lot 2, of the
Resubdivision of Lot 3, West Side Park and the Easterly Right of Way Line of West
Side Drive, 65.37 feet, to the Point of Beginning. Said Tract of land contains 38,153
Square Feet, and is subject to easements and restrictions of record.
Owner acknowledges that the City wishes to ensure that development of the sub-
ject property is compatible with adjacent properties which are zoned RM-12. There-
e
2
fore, Owner agrees to certain conditions over and above City regulations in order to
ensure that development of the subject property is compatible with the adjacent
residential neighborhood.
In consideration of the City's rezoning the subject property from RM-12 and C1-1 to
CO-1, owner agrees that development and use of the subject property will conform
to all requirements of the CO-1 Zone as well as the following additional conditions:
All exterior walls of a building on the property shall be masonry, which may
include fired brick, stone or similar material. Alternative building materials,
such as architectural metals or materials used for decorative treatment, may
be substituted with approval from the Director of Planning and Community
Development.
Loading docks and receiving areas, garbage dumpsters and mechanical
equipment shall not be located to the west or north of any building proposed
on this property, and shall be screened from view of any surrounding prop-
erty with landscaping or a combination of landscaping and fencing.
c. No parking shall be located to the north of a building located on this property.
All outdoor lighting shall be downcast, and there shall be no direct illumina-
tion of any property in a residential zone. Indirect illumination shall not
exceed 1 ~.. foot candles at lot lines in any residential zone.
One monument sign shall be permitted in the front yard. No other signs shall
be permitted visible from a residential property. All signs normally permitted
in the CO-1 zone shall be permitted on the southern and eastern faces of the
building.
No more than one row of parking shall be permitted on the west side 'of the
building. There shall be a 25 foot setback from Westside Drive, which shall
contain a landscaped berm, shielding any parking area on the west side of
the building, similar to the concept plan submitted to the Department of
Planning and Community Development on September 5, 1997. No parking or
paving other than sidewalks shall be allowed within this 25 foot setback.
The Owner acknowledges that the conditions contai.ned herein are reasonable con-
ditions to impose on the land under Iowa Code Section 414.5 (1997), and that said
conditions satisfy public needs which are directly caused by the requested zoning
change.
The Owner acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
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. Further , the parties agree and acknowledge that not private
agreements to the contrary shall relieve the property of the above covenants and
obligations, and that any amendment or release of the above conditions and
obligations shall necessarily require the participation of the City.
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.
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.
SMITH-MORELAND PROPERTIES
hn More nd
CITY OF IOWA CITY
By:
Naomi J. Novick, Mayor
Attest:
Marian K. Karr, City Clerk
(, L;~ty Atz.orney;s ~Dce ~
Y I/-?--??
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public .in and for said County, in said State, personally appeared
, to me known to be the identical person.(s) named in and who executed
the within and foregoing instrument, and acknowledged that (he/she/they) executed the same as
(his/her/their) voluntary act and deed.
Notary Public in and for the State of Iowa
4
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared
, to me known to be the identical. person.(.~) named in and who executed
the within and foregoing instrument, and acknowledged that (he/she/they) executed the same as
(his/her/their) voluntary act and deed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this __ day of ,19 , 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~gt~smthmore.doc
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 21st day of October, 1997, in
the Civic Center Council Chambers, 410 E.
Washington Street, Iowa City, Iowa; at which
hearing the Council will consider the following
item:
1. A resolution adopting to 1997 Comprehensive
Plan as a statement of the goals and policies
of the community. The proposed
Comprehensive Plan also includes the Iowa
City Historic Preservation Plan, the JCCOG
Arterial Street Plan, the Iowa City Economic
Development Policies and the South District
Plan. The South District Plan contains policies
specific to the area south of Highway 6, east
of the Iowa River and the unincorporated area
within Iowa City's long range growth
boundaries.
Copies of the proposed resolution and Plan 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
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR THE
WOOLF AVENUE BRIDGE
RECONSTRUCTION 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 WooIf Avenue Bridge Reconstruc-
tion Project in said City at 7:00 p.m. on the 11th
day of November, 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
pweng\woolbrid,wp5
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of the City of
Iowa City, Iowa, in the council chambers at the
Civic Center at the regularly scheduled Council
meeting at 7:00 p.m. on the 11th day of
November, 1997, for the purpose of hearing
comments for or against the amending of
Title 3 of the City Code entitled "Finances,
Taxation & Fees," Chapter 4 on City utilities to
increase or change the rates for fees and
charges for potable water use and service and
wastewater treatment works user charges.
Information on the proposed rate increase or
changes is available at the City Clerk's Office
and the Director of Finance.
MARIAN K. KARR, CITY CLERK
ORDINANCE NO,
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE
OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE
WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (1997), the City of Iowa City is authorized to
establish and provide for the collection of rates to pay for the City's utility systems, including the City's
wastewater treatment facility system; and
WHEREAS, wastewater rates, which were last increased in 1997, are proposed to be increased to
generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt
service for the City's wastewater treatment facilities; and
WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards,
and is planning to make improvements to double the treatment capacity of the existing South
Wastewater Treatment Plant, and to construct a wastewater interceptor line to connect the two
wastewater treatment plants; and
WHEREAS, wastewater rates for fees and charges will fund .these projects over time; and
WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by 10% for billings
on or after March 1, 1998 to finance the necessary improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User
Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting
in lieu thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges" to read as
follows:
Ordinance No.
Page 2
3-4-4: WASTEWATER TREATMENT WORKS USER CHARGES:
Sanitary Sewer Service Charges;
Description of Fee, Charge, Bond,
Fine or Penalty
Minimum Monthly Charge (includes the First
100 Cu. Ft. of Water Used)
Monthly Charge for Each Additional 100 Cu. Ft.
of Water Used
Monthly Surcharge
BOD (per pound) 300 or less MPL*
BOD (per pound) from 301 MPL to 2000 MPL*
BOD (per pound) greater than 2000 MPL*
Suspended Solids (SS) (per pound)
Monthly Minimum, Unmetered User
Manufactured Housing Park, Monthly Minimum
Per Lot
Holding Tank Waste
Holding Tank Waste Hauler - Annual Permit
Deposit and Delinquency Fee for Combined City
Water and/or Sanitary Sewer and/or Solid Waste
Collection Accounts
Residential owner account, per combined
residential service for City water and/or
sanitary sewer and/or solid waste collection
service
Residential tenant account, per combined
residential service for City water and/or
sanitary sewer and/or solid waste collection
service
Five (5) percent delinquency charge on
current billed portion of the outstanding
amount on combined water and/or sanitary
sewer and/or solid waste account that is not
paid within twenty-two (22) days of billing
date,
Delinquency Deposit Fee for Combined City Water
and/or Sanitary Sewer and/or Solid Waste Collection
Accounts
Amount of Fee,
Charge, Bond,
Fine or Penalty
5.92
2.90
Included in
charge for 100
cu.ft.of water
used
.25
.375
.20
26.68
26.68
$.03 per gallon
$800 per year
$80.00
5% current
billed portion
An amount
equal to an
average two-
month billing
for the delin-
quent account
City Code
Chapter, Article or
Section Reference
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-4
14-3A-7
14-3A-5
*Milligrams per liter (MPL)
Ordinance No.
Page 3
SECTION II, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be'adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE.. This Ordinance shall be in effect after its final passage, approval and
publication, to be collected as set forth in § 14-3A-4, City Code,
Passed and approved this ~ day of ,1997.
MAYOR
ATTEST:
CITY CLERK
I1-?-7 7
Date
finadm\increas6.ord
Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5052
ORDINANCENO.
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES/'
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND
FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (1997), the City of Iowa City is authorized to establish
and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and
treatment system; and
WHEREAS, water rates, which were last increased in 1997, are proposed to be increased to generate
adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for
the City's potable water supply and treatment system; and
WHEREAS, the City of Iowa City is required to comply with federal safe drinking water standards, and is
planning to construct a new water supply and treatment facility and distribution system; and
WHEREAS, water rates for fees and charges will fund this major project over time; and
WHEREAS, the Iowa City City Council proposes to increase water user fees by 15% for billings on or after
March 1, 1998 to finance the necessary improvements.
WHEREAS, the Iowa City City Council desires to provide for a delinquency charge of five (5) percent of the
current portion of a city utility bill that is not paid within twenty-two (22) days of the billing date.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service," of the
City Code is hereby amended by:
Repealing the subsection entitled "Water Service Charges" in Section 3-4-3 and adding a
new section entitled "Water Service Charges" to read as follows:
Water Service Charges (14-3A-4)
Minimum monthly user charges
for water service for the first 100
cubic feet or less of water used,
based on meter size
Amount of Fee, Charge,
Bond, Fine or Penalty
Meter Size March 1, 1998
(Inches) Charge
_ $5.90
3,~ 6.46
1 7.61
11/2 15.18
2 20.41
3 37.72
4 65.80
6 132.42
The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum
monthly charge for an account holder who furnishes and maintains the meter at the account holder's cost will
be based on the minimum for a _" meter, regardless of the size.
Ordinance No.
Page 2
There will be no minimum monthly charge for a single-purpose water meter from November to March for
those months during which no water is used.
Monthly user charges for water in
excess of 100 cu. ft. per month for
dual purpose water meters
Single-purpose meter charges for water
in excess of 100 cu. ft. per month
Returned check/automatic bank debit for
payment of water services
Discount for combined accounts enrolled
in sure pay, per billing
Monthly March 1, 1998
Usage Char. qe
(Cu. Ft.)
100 to 3,000 $2.76/1 O0 cu. ft.
cu.ft.
Over 1.98/100 cu. ft.
3,000
cu.ft.
Over 100 $2.76/100 cu. ft.
Char, qe
$10.00
1.00
Repealing the subsection entitled "Deposit Fee for Combined City Water and/or
Sanitary Sewer and/or Solid Waste Collection Accounts" to read as follows:
Deposit and Delinquency Fee for Combined City Water and/or Sanitary Sewer
and/or Waste Collection Accounts (14-3A-5)
Residential owner account, per combined residential
service for City water and/or sanitary sewer and/or
solid waste collection service
0.00
Residential tenant account, per combined residential
service for City water and/or sanitary sewer and/or
solid waste collection service
80.00
Commercial account
An amount equal to an average
2-month billing for commercial
service for City water and/or
sanitary sewer service
Five (5) percent delinquency charge on current billed portion of the outstanding
amount on combined water and/or sanitary sewer and/or solid waste account that is
not paid within twenty-two (22) day of billing date.
Repealing the subsection entitled "Fees and Charges for Various Consumer
Services" in Section 3-4-3, and adding a new subsection entitled "Fees and Charges
for Various Consumer Services" to read as follows:
Fees and Charges for Various Consumer Services
(Various sections in Title 14, Chapter 3, Article C)
Ordinance No.
Page 3
Extension of Maior Feeder Lines (Oversizin.~)
Cost is $395.00/acre
Installation and Connection Fees
Size (Inches) Cost (Per Linear Foot)
6 $2O. 10
8 22.35
10 26.80
12 33.20
16 44.00
Service Fees
Reconnection of discontinued
service
Fee During Normal
Working Hours
$20.00
Fee After Normal
Working Hours
$40.00
Posting fee for shutting off water
in collection procedure
Check leaky water meters
Frozen water meters
Shut-off of water service at curb
and check for exterior leaks
$20.00
No charge
$20.00, plus cost of
meter repair
No charge
Not done after normal
working hours
No charge
$40.00, plus cost of
meter repair
$40.00, plus hourly rate
for time over 2 hours
Broken hydrant
Location of water main for other
utilities
Repair cost
No charge
$40.00, plus repair
No charge
Location of City owned water main
for private enterprise
Check water meter accuracy at
consumer's request
Annual fire hydrant fee for inspec-
tion and operation of fire hydrants
which are privately owned or owned
by other governmental agencies
No charge
$35.00
If meter is found to be
recording accurately
$50.00
$40.00, plus hourlyrate
fortime over2 hours
Not done after normal
working hours
Not done after normal
working hours
Ordinance No.
Page 4
If service is requested outside normal working hours, a $30.00 after-hour fee shall be charged in
addition to the normal working hour fee. In addition, when service time after hours exceeds 2 hours,
an additional charge will be added to cover equipment expense and actual employee wages,
including overtime. The Water Service Division's normal working hours are 8:00 A.M. to 4:30 P.M.
daily.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
.SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, to be collected as set forth in §14-3A-4, City Code.
Passed and approved this __ day of
,1997.
MAYOR
A'I-I'EST:
CITY CLERK
//-?-72
Date
Prepared by: Donald J. Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 319-356-5052
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, "CITY FI-
NANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES" OF THE CITY
CODE, TO ADD A DELINQUENCY CHARGE OF
FIVE PERCENT TO SOLID WASTE.
WHEREAS, the City would like to provide
for a delinquency charge to be assessed on the
current portion of a City utility bill if the bill is
not paid within twenty-two (22) days of the
billing date.
WHEREAS, the amount of said delinquency
charge shall be as provided in Title 3, Chapter
4, which shall be five (5) percent of the current
portion of the bill, unless otherwise amended.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4,
Section 5, entitled "Solid Waste Disposal," of
the City Code is hereby amended by repealing
a subsection of Section 3-4-5 entitled "Deposit
Fee Combined for City Water and/or Sanitary
Sewer and/or Solid Waste Collection
Accounts", Section 14-3A-5 and enacting in
lieu thereof a new subsection 3-4-5 endtitled
"Deposit and Delinquency Fee Combined for
City Water and/or Sanitary Sewer and/or Solid
Waste Collection Accounts", Section 14-3A-5
to read as follows:
Ordinance No.
Page 2
Description of Fee, Charge,
Bond, Fine, or Penalty Charge
Deposit end Delinquency
Fee Combined for City
Water and/or Sanitary
Sewer end/or So/id Waste
Co//ection Accounts,
Section 14-3A-5
Residential owner ac-
count, per combined
residential service for
City water and/or sani-
tary sewer and/or solid
waste collection service
Residential tenant ac-
count, per combined
residential service for
City water and/or sani-
tary sewer and/or solid
waste collection service
$0.00
$80.00
Five {5) percent delin-
quency charge on cur-
rent billed portion of the
outstanding amount on
combined water and/or
sanitary sewer and/or
solid waste account that
is not paid within twen-
ty-two (22) days of
billing date.
5% current
billed portion
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III, SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
Ordinance No.
Page 3
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, to be collected as set
forth in § 14-3A-4, City Code.
Passed and approved this day. of
,19
MAYOR
ATTEST:
CITY CLERK
ii~o r ney,s '~.~' - ~"_~
Date
finadm~lelfee.ord
Prepared by: Donald J. Yucuis, Dir. of Finance, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5052
ORDINANCE NO.
ORDINANCE AMENDING TITLE 14, ENTITLED
'UNIFIED DEVELOPMENT CODE," CHAPTER
3, ENTITLED "CITY UTILITIES," ARTICLE A,
ENTITLED "GENERAL PROVISIONS",
SUBSECTION 6, ENTITLED 'BILLING AND
COLLECTION PROCEDURES; DELINQUENT
ACCOUNTS" OF THE CITY CODE TO
AUTHORIZE A DELINQUENCY CHARGE WHEN
THE ACCOUNT IS CONSIDERED
DELINQUENT.
WHEREAS, the City would like to provide
for a delinquency charge to be assessed on the
current portion of a city utility bill if the bill is
not paid within twenty-two (22) days of the
billing date.
WHEREAS, the amount of said delinquency
charge shall be as provided in Title 3, Chapter
4, which .shall be five (5) percent of the
current portion of the bill, unless otherwise
amended.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 14, Chapter
3, entitled "CITY UTILITIES," Article A,
"General Provisions," of the City Code is
hereby amended by:
a. Repealing Subsection A.2, of Section 14-
3A-6, "BILLINGS AND COLLECTION PRO-
CEDURES; DELINQUENT ACCOUNTS,"
and adding, in lieu thereof, a new Subsec-
tion A.2 to read as follows:
2. If payment in full is not received
within twenty-two (22) days of the
billing date, the account(s) shall be
deemed delinquent and a delinquency
charge will be assessed as provided
in Title 3, Chapter 4 of this Code. For
locations which receive City water,
wastewater and/or solid waste
services, the account holders shall be
billed and collected as a single
account, and in the event of a
delinquency in payment as to either
water, wastewater or solid waste
services, subsequent payments shall
be credited first to the delinquent
billings and then to the current billing.
Ordinance No.
Page 2
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid. or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This 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
City AttorneY's Office
Date
It was moved by and seconded by
as mad be adopted, and upon roll call there were:
AYES: NAYS:ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
that the Ordinance
finadm\ ord~enalty.doc
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
November 6, 1997
City Council
City Manager
Don Yucuis, Finance Director(~~j~~
Public Hearing on Changes in Fees ah~:l Language for Water and Wastewater
Attached you will find copies of various memos that pertain to changes in fees for water and
wastewater.
A memo dated October 9, 1997 summarizing the City Council direction given to staff at the
October 6, 1997 informal meeting regarding recommended changes for water and
wastewater rates and other ordinances changes.
October 17, 1997 memo which explains the impact of the proposed 15% and 10% increase
for water and sewer, respectively, as well as the change from charging a minimum at 200
cubic feet per month to 100 cubic feet per month.
Memo dated October 23, 1997 discussing the impact of the changes on the existing
discount program for water, wastewater, and solid waste recycling,
Attachment
jw/mem/dy-'[ee$.doc
City of Iowa City
MEMORANDUM
Date: October 9, 1997
To:
From:
Re:
City Council and City Manager
cD ~ un c~U;cU 'l~r~ aF 'dneakne~ ~ uD 'bright °wro r k s~i r e ct o r ~_~/
Summary of City Council Direction from the October 6, 1997, Informal Meeting
Regarding Ideas for Changes in Wastewater/Water Rates and Other Ordinance
Changes
Below is a summary of the direction that City Council gave to staff at the October
6,1997, informal meeting regarding ides for changes in the Wastewater/Water rates and
other ordinance changes for billings on or after March 1, 1998.
Maintain the City Council policy of accumulating 20% cash to pay for a portion of
the water and wastewater projects.
Decrease the minimum usage from 200 cubic feet of water use to 100 cubic feet
of water use. Reduce the minimum fee charge by half of its current rate. Then
increase the new minimum for the first 100 cubic feet and the rate past the
minimum by 10% for wastewater and 15% for water, effective for billings on or
after March 1, 1998.
Charge a 5% penalty for late payment of a bill that is not paid within 22 days of
the billing date.
Set up a two-tiered rate structure for BOD/suspended solids. The City would
charge a higher fee for those businesses that had a significantly higher quantity of
solids in the waste stream as this increases the amount of treatment at the
wastewater plant.
Below is a tentative schedule to make the necessary changes to the rates. To be effective
for billings on or after March 1, 1998, final passage and publication needs to be done prior
to Januaw 31, 1998.
October 21, 1997
November 11, 1997
November 18, 1997
December 9, 1997
December 16, 1997
tp2-2dy.doc
CC:
Set public hearing for November 11, 1997.
Public hearing.
First reading.
Second reading.
Final consideration.
City of Iowa City
MEMORANDUM
Date: October 17, 1997
To: City Council, City Manager
From: Don Yucuis, Finance Director ~~
Re: Water and Sewer Rate Increases
A public hearing has been set for Tuesday, November 11, 1997 to receive public. input on
proposed increases in water and sewer. fees for billing on or after March 1, 1998.
Attached you will find a memorandum summarizing the City Council direction regarding
the upcoming rate increases of 15% for water and 10% for sewer. The City Council also
recommended changing the minimum charge from 200 cubic feet per month to 100 cubic
feet per month and assessing a 5% late payment charge.
Another chart is attached that compares current rates to other communities in Iowa.
Below is a summary of the percent increase in water and sewer fees since 1991 and
projected out to 2001.
Water Sewer
9/ 1991 Actual 25% 10%
3/ 1995 Actual 40% 35%
3/ 1996 Actual 30% 15%
3/1997 Actual 20% 10%
3/ 1998 Proposed 15% 10%
3/ 1999 Proposed 15% 10%
3/2000 Proposed 15% 5%
3/2001 Proposed ....
Below is a summary of the impact to the average residential user (800 cubic ft/month)
before and after the proposed rate increase of 15% for water and 10% sewer and after
reducing the minimum use from 200 to 100 cubic feet per month.
Average Residential Use (800 Cubic Feet/Month)
Water
State tax (water only)
Sewer
Refuse
Recycling
Total
Current Proposed (311/98)
(min-200 cu. ft.) (min-100 cu. ft.)
924.65 925.22
1.23 1.26
26.54 26.22
8.75 8.75
2.80 2.80
$63.97 $64.25
.4%increase
2
Water
Sales tax
Sewer
Refuse
Recycling
Total
Minimum Use (200 cu. ft. or less)
Minimum Minimum
200 cu. ft, 100 cu. ft.
$10.25 $ 5.90
.51 .30
10.76 5.92
8.75 8.75
2.80 2.80
$33.07 $23.67
Attachments
tpS-2dy.doc
Boone(W)
Cedar Falls (W)
Cedar Rapids (W)
Clinton (W)
Coralville
Davenport (R)
Comparison of Current Monthly Sewer & Water Charges
Average Residential Users--Sample Iowa Cities
Revised 10/97
Ames (W)
Ankeny (W)
~ I
Bettendorf (R)
Des Moines (R)
Dubuque (W)
I
Fort Madison (R)
IOWA CiTY (R) ~.~,
North Liberty (W)
mumwa (R)
Urbandale (W) -
I I
Average User = 800 cu. fc -- (W) = Well water source; (R) = -River water source
Date:
To:
From:
Re:
City of Iowa City
MEMORANDUM
October 23, 1997
Stephen Atkins, City Manager
Don Yucuis, Finance Director
Discount Program for Water, Waste~water, Solid Waste/Recycling
There have been some questions regarding how the discount program will be affected after the
proposed change in the minimum billing for water and sewer from 200 cubic feet to 100 cubic
feet. The current discount rates are as follows:
Water: 50% of minimum charge
Wastewater: 50% of minimum charge
Solid Waste: 75% of minimum charge
Recycling: 75% of minimum charge
Based on the current policy, after changing the minimum from 200 cubic feet to 100 cubic feet
and applying the rate increase, the discount would be as follows:
Total
Discount
Total Due
Current Proposed Current Proposed
Minimum Minimum Avg. Res. Avg. Res.
200 cu. ft. or less 100 cu. ft. or less 800 cu. ft. 800 cu. ft.
$33.07 $23.67 $63.97 $64.25
-19.16 -14.57 -19.16 -14.57
$13.91 $9.10 $44.81 $49.68
The average residential user that qualified for the discount program would pay $4.87 more
under the existing disccurt( program.
If a change was made in the policy for water and wastewater from 50% of the minimum to 75%
or 100% of the minimum, the amount owed by customers that qualify for the discount would be
as follows.
75% - amount owed
100% - amount owed
Minimum Use Average Res.
100 cu. ft. or less 200 cu. ft. 800 cu. ft.
6.15 11.94 46.73
3.19 8.98 43.77