HomeMy WebLinkAbout1997-12-16 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 9th day of
December, 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. A resolution approving the annexation of a
2.59 acre tract located at 4575 Highway 6
SE.
.. n ordinance amending the Zoning Chapter
~b" b~/ changing the zoning designation for a
five acre tract located at 4575 Highway 6
SE from County Rural (A1) (2.59 acres)
and Rural Residential (RR-1) (2.41 acres) to
RM-20, Medium Density Multi-Family
Residential.
3. An ordinance amending the Zoning Chapter
by amending Title 14, Chapter 6,
"Zoning," Article B, "Zoning Definitions,"
Section 2, by changing the definition of
Transient Housing to increase the number
of days persons are able to stay as
temporary residents.
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
ppdadrr, n/nl~n- 1209.doc
Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "the City"), and the Iowa City Lodge, Number 1096, Loyal Order of
Moose, Inc. ( referred to as "the Owner").
WHEREAS, the Owner las requested the City to annex and rezone 2.59 acres of property
located south of Highwa) and east of Heinz Road from the County designation of A1, Rural, to
RM-20, Medium Density ti-Family Residential, and to fezone 2.41 acres of-property located
immediately north of and to the annexation area from RRol, Rurajl Residential, to RM-
20; and /
WHEREAS, Iowa Code Section 4.5 (1997) _p, rovides that the '~of Iowa City may impose
reasonable conditions on granl '~he Owners rezoning request, over and above existing
regulations, in order to satisfy public r~eds directly caused by~e requested change; and
WHEREAS, a club, such as a Moose L~ge, is allowed tp//bbe established by special exception
within a RM-20 zone; and x ..~.. . ..
WHEREAS, the Owner acknowledges that ' iditions and restrictions are appropriate to
ensure compatible development of a club zone; and
WHEREAS, the Owner has agreed to develop
conditions of this Conditional Zoning
this property that is compatible within a reside
property in accordance with the terms and
.~nsure appropriate development of a club on
De.
NOW, THEREFORE, IN
PARTIES AGREE AS FOLLOWS:
OF ML UAL PROMISES MADE HEREIN, THE
The Owner is the owner and title holder of t~ke five-acre property located south of
Highway 6 and east of Heinz , which is known~as M. L. Subdivision, and is legally
described as follows: /, ~
Commencing at the So~heast Corner of the Southeast Quarter of Section 24,
Township 79 North, ~ange 6 West, of the Fifth Pri~cipal Meridian; Thence
S88°23'21"W, ,a, lo,n,,g/the South Line of said Southeast, Quarter, 1977.38 feet;
Thence N00°17 37"~E, along the Southerly Projection of tl~e East Line of Lot 2, of
Saddlebrook Addit)bn -- Part 1, in accordance with the PI)~t thereof, Recorded in
Plat Book 37, at gage 94, of the Records of the Johnson C0~unty Recorders office,
and said East ,E'me, 407.91 feet, to the Point of Beginnin~g; Thence continuing
N00°17'37"E, ~07.94 feet, to the Northeast Corner of said Lot 1, and a Point on
the SouthweSterly Right-of-Way Line of U.S. Highway No. 6; Thence
S61°03'35"E, along said Right-of-Way Line, 341.84 feet; Thence S00°17'37"W,
644.06 feet; Thence N89°42'23"W, 300.00 feet, to the Point of Beginning. Said
Tract of Land contains 5.00 acres, more or less, and is subject to easements and
restrictions of record.
The Owner acknowledges that the City wishes to ensure that the establishment of a club
on the subject property is compatible within a developing residential area of Iowa City.
In consideration of the City' rezoning the subject property from County A1 (2.59 acres) and
RR-1 (2.41 acres) to RM-20, the Owner agrees that development and use of the subject
five-acre property will conform to all requirements of the RM-20 zone as well as the
following conditions:
The Owner entering into an agreement with the City to abandon the force main
connection to the Heinz Road manhole, and construct a gravity sanitary sewer
connection to the Scott Boulevard Trunk Sewer following completion of the Scott
Boulevard Trunk Sewer and within twelve months of the development of the
intervening land between ~fie trunk sewer and the subject property. The Owner will
also agree to provide p~-treatment should the temporary line to Heinz Road
become septic, as determined by the City of Iowa City. The Owner will obtain
appropriate permits from :he Iowa Department of Transportation an(~ the City of
Iowa City for use of right-of-way to route the temporary force mai~ through the
Highway 6 and Heinz Roa¢ rights-of-way. ~
Through the execution of ~ ~eparate Developer's Agreement,..t,l'fe Owner agrees to
pay water main extension .~es and sanitary sewer tap-on_./f'ees, as required, and
will dedicate a 20-foot sidewalk and utility easerneht along the Highway 6
right-of-way line, and will monies equivalent to th?~ost of constructing a four-
foot wide sidewalk, as an e~¢ wide sidewalk ~ be constructed by the City in
the future when the sidewalk extended to the .s. uSject property line from the west.
/
The Owner will obtain the re( Jired acces l)ermit from the Iowa Department of
Transportation and a curb cut ,rmit City of Iowa City prior to constructing
the common access drive off The owner will provide an executed copy
of a common access easement with the City party to the agreement, to
ensure that said access may be ntained in perpetuity, if necessary.
o
d°
During site plan review, the
well as building elevations
Community Developme
for the subject prope
Council after revi and
Commission.
will provide a lighting plan and planting plan as
all be submitted to the Director of Planning and
prior to the issuance of any building permit
of the Director may be appealed to the City
by the Planning and Zoning
e. The addition, regulations for clubS, as specified in City Code subsection
14-6L-1E, )~ apply to any club located on this property under the requested
RM-20.~in(, ~
The padies aCnowle, ge that the conditions cor~ained herein are reasonable conditions to
impose on t~e land under Iowa Code Section 41~.5 (1997) and are appropriate conditions
required ~ ensure an acceptable infrastructur~ and compatible development in this
develo~,j,l~g residential area of the community. ~
The ~)wner acknowledges that in the event the ~subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will cck~orm to the terms of this Agreement.
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 I~'nd 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 private agreement 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 Owner 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 the Owner's expense.
Dated this __ day of ,1997.
OWNER
William D. Klime, President
CITYOF IOWA CITY
Naomi J. Novick,
Attest:
Keith Garling, Secretary
K. Karr, City Clerk
Approved by:
City
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , A.D. 19 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared William D. Klime and
Keith Garling, to me personally known, who, being by me duly sworn, did say that they are the
President and Secretary, respectively, of said Iowa City Lodge, Number 1096, Loyal Order of
Moose, Inc. executing the within and foregoing instrument to which this is attached, that (no seal
has been procured by the said) corporation; that said instrument was signed (and sealed) on
behalf of (the seal affixed thereto is the seal of) said corporation by authority of its Board of
Directors; and that the said President and Secretary as such officers acknowledged the execution
of said instrument to be the voluntary act anted of said corporation, by it and by them
voluntarily executed.
/
/'
Notary Public in and for said ~e~nty and State /
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 ~4~rian I~. Karr, to me personally known, and, who,
being by me duly sworn, did say that they ~Fe the May'gr and City Clerk, respectively, of the City of
Iowa City, Iowa; that the seal affixed tO' the foregoir~g instrument is the corporate seal of the
corporation, and that the instrument/Was signed andS sealed on behalf of the corporation, by
authority of its City Council, as con/rained in Ordinancff No. passed by the City
Council, on the day/of -~ , 19 , and that Naomi J.
Novick and Marian K. Karr acknowledged the execution o~the instrument to be their voluntary act
and deed and the voluntary a~and deed of the corporatior~ by it voluntarily executed.
Notary Public in ah,,d for the State of Iowa
ppdadm/agt/moose.doc
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
THE STABILIZATION OF THE
MONTGOMERY-BUTLER HOUSE
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
stabilization of the Montgomery-Butler House in
said City at 7:00 p.m. on the 16th day of De-
cember, 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 Coun-
cil of the City of Iowa City, Iowa and as provided
by law.
MARIAN K. KARR, CITY CLERK
ppdad min~butleq)h .wp5