HomeMy WebLinkAbout2004-04-20 Public hearing NOT~CE OF PUBLZC HEAR.ZNG
Notice is hereby given that a public hearing will
be held by the City Council of Towa City, iowa,
at 7:00 p.m. on the sixth day of April, 2004, in
Emma .1. Harvat Hall, 410 E. Washington Street,
iowa City, iowa, or if said meeting is cancelled,
at the next meeting of the City Council
thereafter as posted by the City Clerk; at which
hearing the Council will consider:
1. An ordinance rezoning approximately 32,000
square feet from Central Business Service
Zone (CB-2) to High Density Multi-Family
Residential Zone (RM-44) for property
located at 302 and 308 South Gilbert Street.
(REZ04-00003)
2. an ordinance rezoning approximately 24.1
acres from interim Development Residential
Zone (iD-RS) to Low Density Single-Family
Residential Zone (RS-5), subject to
conditions, for property located on South
Sycamore Street, east of Southpoint
Subdivision. (REZ04-00002)
Copies of the proposed ordinances are on file for
public examination in the office of the City Clerk,
City Hall, Towa 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, CZI'f CLERK
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ04-00002)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Mike Robeds Construction hereinafter "Applicant"), and Niffenegger
Family Trust (hereinafter "Owner"); and
WHEREAS, Owner is the titleholder of approximately 24.12 acres property located on
the east side of S Stanwyck Drive; and
WHEREAS, the Applicant with has requested the of said property
from Interim Development iai zone (IDRS) to Low-Density le-Family Residential
zone (RS-5); and
WHEREAS, the Planning and Commission has that, with appropriate
conditions regarding access, vehicle access, of future Sycamore Street
improvements, and subdivision design the timing rezoning is appropriate and
the single-family residential zoning strict Plan; and
WHEREAS, Iowa Code {}414.5 (2003) City of Iowa City may impose
reasonable conditions on granting an request, over and above existing
regulations, in order to satisfy public needs caused uested change; and
WHEREAS, the Qwner and Applicant certain conditions and restrictions are
reasonable to ensure the development of the not cause a direct traffic impact on
South Sycamore Street before it is funde im does not attract excessive
construction-related traffic through to the future reconstruction of
South Sycamore Street, and generally to the nei~ design principles of the
South District Plan and Comprehensive and
WHEREAS, Owner and Applicant to use this property with the terms and
conditions of a conditional reement.
NOW, THEREFORE, in eration of the mutual promises herein, the parties
agree as follows:
1. Niffenegger Fan is the legal title holder and Mike Construction is the
Applicant for. ~g of the property legally described as follows:
Commenci~ at the Northwest Corner of the Southwest Quarter of the Southeast
Quarter Section 23, Township 79 North, Range 6 West of the 5th P.M. Thence
along the west line of Southwest Quarter of the Southeast Quarter of said
23, a distance 100.01 feet, to the Point of Beginning; Thence N88°34'07"E,
1028.47 feet; Thence Southeasterly, 85.80 feet, along an arc of a 100.00 foot radius
curve, concave Southwesterly, whose 83.19 foot chord beam S66°51'04"E; Thence
S42°16'14"E, 136.48 feet; Thence S00°43'02"E, 651.65 feet; Thence Southwesterly,
97.44 feet, along an arc of a 375.00 foot radius curve, concave Northwesterly, whose
ppdadnVagt/cza-nlffenegger.doc 1
97.17 foot chord bears S06°43'36'W; Thence S88°32'10"W, 1184.20 feet, to a point on
the west line of said Southeast Quarter; Thence N00°36'54"W, along said west line
886.63 feet, to the Point of Beginning. Said tract of land contains 24.12 acres, and is
subject to easements and restrictions of record.
2. Owner and Applicant acknowledge that the City wishes to ens~ appropriate residential
development that conforms to the principles of the Comp~ Plan and South
District Plan. Further, the padies acknowledge that Iowa C §414.5 (2003) provides
that the City of City may impose reasonable on granting an applicant's
rezoning and above the existing in order to satisfy public
needs caused by ~ested change, including prow,, g of the adjacent
arterial street, to the property, and subdivisi design principles. Therefore
Owner and Applicant ree to certain conditions and above City regulations as
detailed below.
3. In consideration of th~ rezoning the subject Owner and Applicant agree
that development of the sub ;t property will to all other requirements of the
zoning chapter, as well as the lowing
a. The subdivider is the cost of improving South
Sycamore Street at a rate 894.68 acre of property as it is final platted. Said
funds will be deposited with City prior to the first occupancy permit
being issued for any lot in ar this property.
b. Up to 29 lots may be platted with ss to Gable Street before a second access to
Sycamore Street is required development to occur. After the 29 lots with
access to Gable Street are deve connection to Sycamore Street is required
before additional lots are
c. No direct access to Sycam( Street permitted until the reconstruction of
South Sycamore Street adj the su~: property is in a funded year in the
City's capital ' ram.
d. The property owner subdivider shall 45 feet of property from the
centerline of South Street as for South Sycamore Street,
along the property's e with South Sycamore ~
e. To the extent possil construction vehicle access be from South Sycamore
Street, except durir when heav~ ~oed on South Sycamore
Street. The deve er/subdivider shall make every to communicate this to
individual builder accessing the property.
f. To fulfill design principles in the District Plan and
Coml: Plan, the following conditions shall apply design
for the ~
i. Street connections to the north (at Stanwyck Drive), west (at Dickinson Lane),
and south are required; and
ii. At least 300 feet of public frontage along the Sycamore Greenway Trail is
required; and
iii. A sidewalk connection from the northeast of the property to the Sycamore
Greenway Trail is required.
4. The Owner, Appli.cant, and City acknowledge that the conditions contained herein are
reasonable conditi~s to impose on the land under Iowa Code §414.5 (2003), and that
said conditions satisf~NPublic needs that are caused by the requested zoning change.
5. The Owner, Applicant, ~d City acknowledge that in the subject property is
transferred, sold, redeve161~ed, or subdivided, all redevelopr will conform with the
terms of this Conditional Zor~.,.ng Agreement.
6. The parties acknowledge that ~qis Conditional Zonin( be deemed to be
a covenant running with the lan~and with title to the and shall remain in full force
and effect as a covenant with titl~to the land, released of record by the
City of Iowa City.
The parties further acknowledge shall inure to the benefit of and bind
all successors, representatives, and parties.
7. Applicant acknowledges that nothing Conditional Zoning Agreement shall be
construed to relieve the Owner or Appli from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditi Zonin~xAgreement shall be incorporated by
reference into the ordinance rezon ~¢ the subject~roperty, and that upon adoption and
publication of the ordinance, thi greement shall I~ recorded in the Johnson County
Recorder's Office at the Applicar expense,
Dated this day of April, 2004.
CITY OF IOWA CITY NIFFENEGGEP~FAMILY TRUST
Ernest Lehman, Mayor
Attest: MIKE ROBERTS cONSTRUCTION
Marian K. Karr 'Clerk
Approved by:
Cit~ Attorney'~ ~ffice
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , A.D. 20 , before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the Mayor and City Clerk as such officers acknowl~ that the
execution of said the voluntary act and deed of said by it and by
them voluntarily executed.
Public in and for State of Iowa
NIFFENEGGER FAMILY TRUST ACKNOWLEDGEMI
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of __ before me, the ned, a Notary Public in
and for the State of Iowa, personally me personally
known, who being by me duly did say that the person is of the partners of
Niffenegger Family Trust, an General/Limited Partnership, and instrument was
signed on behalf of the by authority of the partners; and the ged the
execution of the instrument the voluntary act and deed of the partnership"~y it, and by the
Notary Public in and for the State of Iowa
My commission expires:
MIKE ROBERTS CONSTRUCTION ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of A.D. 20 , me, the undersigned,
a Notary Public in and for the State of Iowa, nally appeared.
and , to me being by me duly sworn,
did say that they are the respectively,
of said corporation executing the within and foregoing to which this is attached, that
(no seal has been procured by the said) corporatior said instrument was signed (and
sealed) on behalf of (the seal affixed thereto is the said corporation by authority of its
Board of Directors; and that the said and as
such officers acknowledged the execution of sai the voluntary act and deed of
said corporation, by it and by them voluntarily ,%%
Notary Public in and for said Co~4nty and State
ppda d rrCa gt/cza miffen egger .doc 5
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 20th day of April, 2004, in City
Hall, Emma Harvat Hall, 410 E. Washington
Street, Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk; at which
hearing the Council will consider:
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 DECREASE WATER SERVICE
CHARGES AND FEES IN IOWA CITY, IOWA.
Copies of the proposed ordinance are on file for
public examination in the office of the City Clerk,
City Hall, 410 E. Washington St., 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
finadnYnph-water fee 04 decre doc
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR THE
BROOKLAND PARK SEWER SEPARATION
PROJECT IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CiTY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City Council
of the City of Iowa City, Iowa, will conduct a public
hearing on plans, specifications, form of contract
and estimated cost for the construction of the
Brookland Park Sewer Separation Project in said
city at 7:00 p.m. on the 20th day of April, 2004,
said meeting to be held in the Emma J. Harvat
Hall in City Hall, 410 E. Washington Street in said
city, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted
by the City Clerk.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
City Clerk in City Hall 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