HomeMy WebLinkAbout2005-01-18 Ordinance I01-18-05
7b
Prepared by: Robed Mikio, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ04-0005)
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING
DESIGNATION FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, RS-8, TO SENSITIVE
AREAS OVERLAY/MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, SAC/RS-8, ZONE AND A
PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR OLDE TOWNE VILLAGE.
WHEREAS, the owner, Plum Grove Acres, Inc. has requested rezoning of this property from RS-8 to
SAC-8 to allow the development of a mixture of single-family homes, zero-lot line dwellings and
townhouse style multi-family buildings on property containing a wetland; and
WHEREAS, the Sensitive Areas Development Plan includes the removal of some Iow quality wetland
areas to be mitigated in a larger reconstructed wetland; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and Sensitive
Areas Development Plan and has found that it complies with the requirements of the Sensitive Areas
Overlay Zone and the Conditional Zoning Agreement agreed to by the applicant and the City with the
approval of the annexation and rezoning of this property in 2002 (ordinance number 02-4002); and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from Single-Family
Residential, RS-8, to Sensitive Areas Overlay/Medium Density Single-Family Residential, SAC/RS-8, and
the associated Sensitive Areas Development Plan is hereby approved:
Commencing at the Center of Section 7, Township 79 North, Range 5 West of the Fifth Principal
Meridian, Johnson County, Iowa; Thence N86°46'11"W, along the centerline of Lower Branch Road
SE, 1836.47 feet; Thence N01°19'52"E, 33.02 feet to a point an the northerly line of Lower West
Branch Road SE and the Point of Beginning; Thence N86°46'1 I"W, along said northerly right-of-way
line, 472.36 feet; Thence northwesterly, 220.86 feet along said northerly right-of-way line and an arc
cfa 542.00 foot radius curve, concave northeasterly, whose 219.34 foot chord bears N75°05'45'~N to
a point on the east line of Auditor's Parcel 97040 as recorded in Plat Book 37 at Page 347 in the
records of the Johnson County Recorder; Thence N00°35'42"E, along said east line, 489.17 feet;
Thence N89°24'18'~N, along the north line of said Auditor's Parcel 97040, a distance of 250.00 feet,
to a point on the easterly right-of-way line of Scott Boulevard; Thence N00°35'42"E, along said
easterly right-of-way line, 398.14 feet; Thence northwesterly, 80.15 feet along said eastedy
right-of-way line and an arc of 1050.00 foot radius curve, concave southwesterly, whose 80.13 foot
chord bears N01°35'32"W; Thence northeasterly, 137.43 feet along an arc of a 720.00 foot radius
curve, concave northwesterly, whose 137.22 foot chord bears N81°49'30"E; Thence N76°21'24"E,
402.01 feet; Thence northeasterly, 203.93 feet, along an arc of a 780.00 foot radius curve, concave
southeasterly, whose 203.35 foot chord bears N83°50'48"E; Thence S88°40'08"E, 225.47 to the
Northwest corner of Lot 2 of Tegler Subdivision, as recorded in Plat Book 25 at Page 42, records of
Johnson County, Iowa; Thence S01°19'52'~/V, along the westerly line of said Lot 2, a distance of
1184.21 feet to said Point of Beginning containing 21.00 acres and subject to easements and
restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of the ordinance and the Sensitive Areas
Development Plan and to record the same at the office of the County Recorder of Johnson County, Iowa,
at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of this 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 VII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and
publication, as required by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CITY CLERK
Approved b.y
Cit~ -A{to~n~'s Offi~.e --
ppdadmin/ord/plumgmve.doc
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Robert Miklo
Item: REZ04-00005/SUB04-00006 Date: December 16, 2004
Olde Towne Village
GENERAL INFORMATION:
Applicant: Plum Grove Acres, Inc.
C/o Kristen Fry
920 S. Dubuque Street
Iowa City, IA 52240
Contact Person: MMS Consultants, Inc.
1917 S. Gilbert Street
Iowa City, IA 52240
Phone: 351-8282
Requested Action: Rezoning from RS-8 to SAO-8 and
approval of preliminary plat.
Purpose: To create a 10-lot commercial subdivision
and a 39-1ot residential subdivision and a
62-unit Planned Development Housing
Overlay.
Location: South of Rochester Avenue, east of Scott
Boulevard, north of Lower West Branch
Road
Size: 33.21 acres
Existing Land Use and Zoning: Undeveloped, RS-8 and CC-2
Surrounding Land Use and Zoning: North: Agricultural, ID-RS and County RS
South: RS-5; residential
East: Residential and Agricultural, County
RS
West: Residential, RS-5 and OPDH/RS-12
Comprehensive Plan: Commercial, residential and open space
File Date: November 9, 2004 (Complete application
not yet submitted)
45-day Limitation Period Not applicable until complete application
submitted
BACKGROUND INFORMATION:
This property was annexed into the City in 2001. At that time it was zoned Community
Commercial (CC-2) and Medium Density Single-family Residential (RS-8) with a Conditional
Zoning Agreement that provide specific requirements to guide the development of the property.
Approximately 10 acres is zoned CC-2 and the remaining 21 acres is zoned RS-8. The RS-8
portion of the property currently has approximately 3.92 acres of regulated wetlands and two
sewage lagoons that were used for the Iowa City Care Facility.
The conditions contained in the Conditional Zoning Agreement are:
a. Applicant agrees that preliminary and final plats and site plans for the eventual development
of this property will demonstrate compliance with the neighborhood design policies
contained within the Comprehensive Plan, including the Northeast District Plan, and that the
City will take these policies into consideration during its review of said plats and plans.
b. Applicant agrees that the CC-2 property shall develop in general conformance with the
concept plan attached hereto and incorporated herein. Any subdivision or site plan shall
generally conform to this concept plan and shall be designed to create a Main Street or
Town Square style commercial center. The commercial center shall be designed with a
pedestrian orientation incorporating such features as on-street parking, parking lots behind
buildings, minimal or no building setback from sidewalks and upper floor residential uses.
c. Applicant agrees that prior to the development of the RS-8 property, the applicant or future
property owner shall submit and obtain approval of a Planned Development Housing
Overlay (OPDH), which will adhere to the neighborhood design policies of the
Comprehensive Plan, including the Northeast District Plan.
d. Prior to any plats or development being approved on the property with frontage on Lower
West Branch Road or within 500 feet of Lower West Branch Road, the reconstruction of
Lower West Branch Road must be in a funded year in Iowa City's Capital Improvements
program. Additionally, prior to any plats or development being approved for the property
with frontage on Lower West Branch Road or within 500 feet of Lower West Branch Road,
the Applicant must contribute funds toward the reconstruction of Lower West Branch Road
to the City. The Applicant agrees that the amount of funds to be contributed by Applicant to
City toward the reconstruction of Lower West Branch Road is $86,652.
e. Applicant agrees to dedicate to City 45 feet of right-of-way south of the centerline of
Rochester Avenue along Rochester Avenue.
f. Applicant agrees to dedicate to City 33 feet of right-of-way south of the centerline of Lower
West Branch Road along Lower West Branch Road.
g. Applicant agrees to install curb and gutter and an S-foot wide sidewalk on the south side of
Rochester Avenue in conjunction with the development of the CC-2 property. Applicant
agrees that it shall bear all expense for these improvements and said improvements shall
be constructed in accordance with the City's specifications.
h. Applicant agrees to provide an easement for a sewer main to serve the Iowa City Care
Facility property.
The applicant is now requesting approval of the preliminary plat for the commercial portion of
the property and a preliminary plat and OPDH plan for the residential portion of the property.
The property also contains a jurisdictional wetland and is subject to the requirements of the
Sensitive Areas Ordinance.
ANALYSIS:
The primary purpose of this application is to review the design of the development to ensure
conformance with the Conditional Zoning Agreement (CZA) and the Comprehensive Plan
neighborhood design concepts, as discussed below. The plan's conformance with the
requirements of the Zoning Chapter and other Subdivision Regulations must also be evaluated.
Comprehensive Plan: The Comprehensive Plan including the Northeast District Plan contains
a number of neighborhood planning principles that apply to this case as detailed below.
Preserve natural features: The Northeast District Plan recommends that natural features be
preserved. The applicant has provided an analysis of the existing wetlands located on this
property and has proposed a plan for the removal and remediation of the sewage lagoons,
mitigation of previously filled wetlands and enhancement of existing wetlands. The plan creates a
cascading series of shallow wet-bottom basins that will provide for the treatment of storm water
runoff, allow for removal of the sewage lagoons, improve the state of the existing wetland, and
create a diverse habitat. This will result in a 6-acre wetland conservation easement and storm
water management area that will be the focal point of the neigl3borhood. As recommended by the
Northeast District Plan, the public streets adjacent to this open space will be single-loaded
(development on only one side) to protect the wetland and provide views of the enhanced natural
feature. Staff believes that this plan conforms with the policies of the Comprehensive Plan and
the Sensitive Area Ordinance requirements for wetlands.
Encoura.qe a reasonable level of housinq diversity: The proposed plan provides for three housing
types; multi-family townhouses-style buildings, attached zero-lot line dwellings and detached
single-family lots. The Comprehensive Plan also discusses the importance of design when smaller
lots and multifamily buildings are proposed. Where townhouses, zero-lot line and small lots are
used, vehicular access should be from a rear alley or designed in such a way to minimize paving
in the front yard and to emphasize the residential aspects of the buildings. This allows dwellings
located on narrower lots to be incorporated into the neighborhood in a manner that does not
diminish the residential character of the neighborhood. Sufficient variety in the fa(;ade design
should also be provided to ensure the streetscape does not become monotonous.
Lots 1-4 contain 27 townhouse-style multi-family units. The proposed townhouses face onto Scott
Boulevard and Olde Towne Road and have garages that will have access from private alleys.
The OPDH regulations require that elevation drawings be submitted if multi-family buildings are
to be approved in an RS-8 zone. These should be submitted prior to the Commission's vote on
this application. The architectural design of the townhouses should be sufficiently varied to
prevent the appearance of a monotonous streetscape.
The proposed zero-lot line dwellings are located on Westbury Court and Glastonbury Street. The
OPDH plan illustrates that the buildings will be placed on the lots so that the garage is set back
from the facade of the dwellings or at a minimum flush with a porch located at the front of the
dwellings. Notes on the plan provide other details regarding the design of the zero-lot line
dwellings. In staff's view the placement the zero-lot dwellings will conform to the policies of the
Comprehensive Plan.
Single family lots are proposed on Thornbury Avenue on the eastern portion of the property and
along Lower West Branch Road on the south. In staff's opinion the location and size of these lots
provides a good transition to the existing single family development in the area and the mix of
housing types conforms with the Northeast District's Plan recommendation for reasonable
housing diversity.
Build streets that enhance neiqhborhood quality: Features that are recommended in the Northeast
District Plan that have been included in the design of Olde Town Village are: use of a modified
grid pattern, narrower streets where appropriate and single-loaded streets that provide for scenic
vistas to the wetland conservation area. An 8-foot wide sidewalk is shown along the east side of
Westbury Drive to provide pedestrian access from adjacent neighborhoods to the commercial
area. Overall, staff feels that the proposal complies with this Comprehensive Plan principle.
Variations from Zoning and Subdivision Requirements:
As part of the approval of this OPDH plan the applicant is seeking modification of the zoning
requirements to allow the proposed multi-family townhouse-style buildings on lots 1-4. As noted
elevations drawing must be submitted for these buildings. Provided that the buildings have a
variety of facades, staff believes that these modifications of the RS-8 zone will be in conformance
with the Comprehensive Plan and the intent of the OPDH regulations.
The plan also proposes a reduction of street width from 28 feet to 26 feet for Glastonbury Street,
Westbury Court and Thombury Avenue. Both Thornbury and Westbury Court will be short non-
through streets. Glastonbury Street will have lots only on the north side. For these reasons Staff
believes the narrower street are appropriate in these locations.
Sensitive Areas:
This property contains a jurisdictional wetland. Much of the wetland is currently of Iow quality. It
has been previously disturbed by farming, filling and the installation of sanitary sewage lagoons
that serve the Iowa City Care Facility (the Care Facility will be connected to the City's sanitary
sewer treatment system). As part of this development the applicant proposes to impact 1.76
acres of wetlands. The applicant proposed to mitigate for this disturbance by reconstructing and
enhancing other areas of the existing wetlands. The sewage lagoons will be removed and the
area graded and planted to serve as part of the wetland complex. Based on staff's review of the
Wetlands Mitigation Plan, we believe that although some Iow quality wetlands will be further
disturbed, the resulting wetlands will be larger and of a better quality. The Army Corp of
Engineers will need to approve the applicant's plan. Excerpts from the Wetlands Mitigation Plan
are attached.
Commercial Subdivision:
The Conditional Zoning Agreement requires that the commercial zone be in general conformance
with the concept plan that was approved when this area was rezoned in 2001. The Northeast
District Plan recommends that this neighborhood commercial center be developed in a main street
or town square design that ensures its compatibility with the surrounding neighborhood. This
includes incorporating features such as on-street parking and locating parking lots behind
buildings. The proposed layout of the streets in the commercial zone conforms with these
requirements of the CZA. At the time of building permit approval for the individual lots, the site
plans will also need to show conformance with the CZA.
Open Space:
The subdivision and OPDH regulations require the dedication of ½ an acre of neighborhood open
space or fees in lieu of dedication for this development. Because Outlot A, the wetland
conservation easement, is the storm water facility for this subdivision and because it will require a
high level of maintenance, it is unlikely that the Parks and Recreation Commission will wish to
have it dedicated as public space. The Parks and Recreation Commission will review this
development at their next meeting. If they choose not to accept the storm water easement and
wetland conservation easement, fees in lieu of dedication should be addressed in the legal papers
for the final plat.
Development fees:
A water main extension fee of $395 per acre will be required for this development. The sanitary
sewer fee is $1263 per acre. As required by the CZA the applicant will contribute $86,652 towards
the improvement of Lower West Branch Road, which will provide vehicular access to the southern
portion of this development. (The reconstruction of Lower West Branch Road is in the year 2009
of the Capital Improvement Plan.) These fees should be addressed in the legal papers for the final
plat.
STAFF RECOMMENDATION
Upon resolution of the deficiencies noted below, staff recommends that REZ04-00005 and
SUB04-0006 an application submitted by Plum Grove Acres, Inc. for a rezoning from Medium
Density Single- Family Residential (RS-8) zone to Sensitive Areas Overlay (SAO/RS-8) zone and
a preliminary Planned Development Housing Plan and a preliminary plat of Olde Towne Village, a
33.21-acre, residential and commercial subdivision that will allow 10 commercial lots and 62
dwelling units on 32 lots for property located south of Rochester Avenue, east of Scott Boulevard,
and north of Lower West Branch Road be approved.
DEFICIENCIES AND DISCREPANCIES:
1. Sketches that illustrate the design of multi-family buildings need to be submitted.
2. Staff received a revised plan on December 8th - the City Engineer is reviewing the plan and
may identify additional technical items that will need to be corrected.
ATTACHMENTS:
1. Location map
2. Preliminary Plat and SAO Plan
3. Excerpts from Wetland Mitigation Plan
Approved by: ~'.. ' .~,¢-~
Karin Franklin, Director,
Department of Planning and Community
Development
Preliminary Plat and Preliminary O.P.D.H.-8 Plan
md,~ Towne Village ',',
Iowa City, Iowa
'"... ,: ,.~' " -..7'":::::~.. I-
O FONT
ELEVATION
O~I~E ELEVATION O ~II~E ELEVATION
ELEVATION
WETLAND MITIGATION PLAN
OLDE TOWNE VILLAGE SUBDIVISION
IOWA CITY, JOHNSON COUNTY, IOWA
EXECUTIVE SUMMARY
MMS Consultants, Inc. contracted by Plum Grove, Inc., delineated the palustrine; flat; emergent;
persistent and non-persistent wetlands along two drainage ways in the Olde Towne Village
Subdivision in the northwest quarter of Section 7, Township 79 North, Range 5 West in Iowa
City, Johnson County, Iowa. The attached site map in Figure 1 shows the location of the
property. A total of 3.92 acres of wetland were delineated and 0.30 acre of filled wetland
identified by Judy Krieg and Gall Clingerman on July 5th, 2000.
The objective of the current project is to create a commercial and multi-family residential
subdivision in the northeastern part of Iowa City, Johnson County, Iowa. This project involves
creation of lots, removal and remediation of two currently functional sewage lagoons,
construction of three public streets, and two private streets. Proposed development activities will
impact 1.76 acres of wetland. However, an additional 0.30 acre of wetland, fzom a previous
inadvertent impact is included in the total wetland impacts. Total wetland impacts are 2.06 acres
which will be.offset by a 5.63 acre proposed wetland mitigation complex.
PURPOSE
The purpose of this mitigation project is to replace the functions and values of the wetlands lost
through the proposed permanent filling of 2.06 acres of wetlands. The impacted wetlands have
groundwater recharge, sediment and nutrient retention, flood flow retention and alteration, and
wildlife habitat functions. Each of these functions will be created or enhanced within the 5.63
acre proposed wetland mitigation area.
MITIGATION SUMMARY
The proposed mitigation plan includes the sensitive design and construction of a series of
cascading basins. These basins will be positioned both within the existing wetland area and the
area containing two functioning sewage lagoons. Initial storm water from the surrounding
development will flow into the most northern, primary basins and then drain into secondary and
tertiary basins. The entire 5.63 acre site will be considered the mitigation area, with only a
portion of the area providing initial storm water storage and treatment.
The wetland areas of the site will be seeded with emergent wetland and wetland seed mixtures,
the bermed areas will be planted with a tree and shrub combination and the perimeter of the site
will be seeded with an upland buffer seed mixture.
PROPOSED GRADING PLAN AND CONSTRUCTION METHODS
Overall site activity will include placement and compaction of fill material within the boundaries
of this property. Permanent impacts to Waters of the United States will be caused by the filling
of 2.06 acres of drainage way wetland through the proposed development activities. Mitigation
activities will include the construction of basins and small berms within the site that
mitigation
will help to control and detain the hydrologic site components. Approximately 15,000 cubic
yards of native soils will be deposited within the delineated wetland boundaries.
Six basins will be constructed within the area designated as the mitigation site (Figure 2). Basins
A and B will be the only basins to directly collect storm water runoff from the adjacent
developments. Basins C and D will be the secondary basins into which treated storm water will
flow. Finally, basins E and F are the tertiary basins that will release to the outlet stream. This
design not only uses the existing hydrology but accounts for future hydrologic changes as
development proceeds. In addition, it provides an innovative way to treat storm water in a
topographically challenging property, make use of the existing sewage lagoon berms, provide
on-site mitigation and protect the outlet stream from further degradation.
Since the design proposes to construct wetland basins, measures will be taken to protect and
minimize the amount of impact to the outlet stream. Erosion control measures, such as silt fence
and erosion control matting will be employed where necessary.
PROPOSED VEGETATION PLAN
Proposed Seeding Plan
The entirety of the disturbed bank and small catch basin areas will be seeded immediately after
final grading with a temporary stabilization mix consisting of Virginia wild rye (Elymus
virginicus) Canada wild rye (Elyrnus canadensis) and agricultural oats. Silt fence, erosion
control blankets and temporary seeding will be used to minimize erosion into the outlet stream
and the newly constructed adjacent wetlands until the areas are stabilized with vegetation.
An emergent wetland seeding mixture will be planted in the bottom of the basins, as depicted on
the mitigation plan (Figure 3). A secondary wetland seed mix will be planted in the areas outside
of the emergent zone. Wetland tree and shrub species will be planted along the berms of the
basins, as identified in Figure 3. The buffer area surrounding the basins will also be seeded with
an upland native seed mix.
Wetland seeding will consist of the following:
EMERGENT WETLAND
The lowest portions of the wetland basins will be seeded with the following wetland species.
The existing top 12-18" of soil will be removed from the wetland site and the basins, to aid in the
removal of the reed and other invasive This will also
species.
provide
canary
grass
an
opportunity for newly seeded species to become established.
Return to:
Preparer R. Mark Cory 100 Court Avenue, Suite 600 Des Moines (515) 243-7611
Information Individual's Name Street Address City Phone
ORDINANCE NO. 05-4150
AN ORDINANCE AMENDING ORDINANCE NO. 99-3879, PROVIDING
THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED
NORTHGATE CORPORATE PARK URBAN RENEWAL AREA OF THE
CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND
FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY,
COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT,
AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR
PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES
ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR
TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE
AMENDED NORTHGATE CORPORATE PARK URBAN RENEWAL
REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Iowa City, Iowa has heretofore, in
Ordinance No. 99-3879, provided for the division of taxes within the Northgate
Corporate Park Urban Renewal Project Area, pursuant to Section 403.19 of the Code of
Iowa; and
WHEREAS, additional territory now has been added to the Northgate Corporate
Park Urban Renewal Project Area; and
WHEREAS, indebtedness has been incurred by the City, and additional
indebtedness is anticipated to be incurred in the future, to finance urban renewal project
activities within the amended Northgate Corporate Park Urban Renewal Project Area,
and the continuing needs of redevelopment within the amended Northgate Corporate Park
Urban Renewal Project Area are such as to require the continued application of the
incremental tax resources of the amended Northgate Corporate Park Urban Renewal
Project Area; and
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WHEREAS, the following enactment is necessary to accomplish the objectives
described in the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, THAT:
Ordinance Number 99-3879 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the
following meanings:
(a) Original Project Area shall mean that portion of the City of Iowa City,
Iowa described in the Urban Renewal Plan for the Northgate Corporate Park
Urban Renewal Area approved by Resolution No. 99-111 on April 6, 1999, which
Original Project Area includes the lots and parcels located within the area legally
described as follows:
Lots 1-20 Highlander Development, First Addition, Iowa
City, Iowa.
(b) Amendment No. 1 Area shall mean that portion of the City of Iowa
City, Iowa described in Amendment No. 1 to the Urban Renewal Plan for the
Northgate Corporate Park Urban Renewal Area approved by Resolution No.
05-11 on January 4, 2005, which Amendment No. 1 Area includes the lots and
parcels located within the area legally described as follows:
Weiler Parcel
Auditor's parcel B as described on plat of survey recorded in
Book 34, Page 191, Plat Records of Johnson County, Iowa,
being a portion of the northeast quarter of the southwest
quarter of Section 36, Township 80 North, Range 6 West of
the 5th P.M.; subject to easements and restrictions of record.
Jones\Southgate Development Company Parcel
That portion of the northwest quarter of the southeast quarter
of Section 36, Township 80 North, Range 6 West of the 5th
P.M., excepting therefrom that portion platted as Highlander
Development First Addition, Iowa City, Iowa, according to
the plat thereof recorded in Plat Book 25, Page 52, Plat
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Records of Johnson County, Iowa, subject to easements and
restrictions of record.
(c) Amended Project Area shall mean that portion of the City of Iowa City,
Iowa included within the Original Project Area and the Amendment No. 1 Area,
which Amended Project Area includes the lots and parcels located within the area
legally described as follows:
ORIGINAL AREA
Lots 1-20 Highlander Development, First Addition, Iowa
City, Iowa.
AMENDMENT NO. 1 AREA
Weiler Parcel
Auditor's parcel B as described on plat of survey recorded in
Book 34, Page 191, Plat Records of Johnson County, Iowa,
being a portion of the northeast quarter of the southwest
quarter of Section 36, Township 80 North, Range 6 West of
the 5th P.M.; subject to easements and restrictions of record.
Jones\Southgate Development Company Parcel
That portion of the northwest quarter of the southeast quarter
of Section 36, Township 80 North, Range 6 West of the 5th
P.M., excepting therefrom that portion platted as Highlander
Development First Addition, Iowa City, Iowa, according to
the plat thereof recorded in Plat Book 25, Page 52, Plat
Records of Johnson County, Iowa, subject to easements and
restrictions of record.
Section 2: The taxes levied on the taxable property in the Amended Project Area,
legally described in Section I hereof, by and for the benefit of the State of Iowa, City of
Iowa City, County of Johnson, Iowa City Community School District, and all other
taxing districts from and after the effective date of this Ordinance shall be divided as
hereinafter in this Ordinance provided.
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Section 3: As to the Original Project Area, that portion of the taxes which would
be produced by the rate at which the tax is levied each year by or for each of the taxing
districts taxing property in the Original Project Area upon the total sum of the assessed
value of the taxable property in the Original Project Area as shown on the assessment roll
as of January 1, 1998, being the first day of the calendar year preceding the effective date
of Ordinance No. 99-3879, shall be allocated to and when collected be paid into the fund
for the respective taxing district as taxes by or for said taxing district into which all other
property taxes are paid. The taxes so determined shall be referred herein as the "base
period taxes" for such area.
As to Amendment No. 1 Area, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1, 2004,
being the assessment roll applicable to property in such area as of January 1 of the
calendar year preceding the effective date of this Ordinance.
Section 4: That portion of the taxes each year in excess of the base period taxes
for the Amended Project Area, determined for each sub-area thereof as provided in
Section 3 of this Ordinance, shall be allocated to and when collected be paid into the
special tax increment fund previously established by the City of Iowa City to pay the
principal of and interest on loans, monies advanced to, or indebtedness, whether funded,
refunded, assumed or otherwise, including bonds issued under authority of Section 403.9
or Section 403.12 of the Code of Iowa, incurred by the City of Iowa City, Iowa to finance
or refinance, in whole or in part, urban renewal projects undertaken within the Amended
Project Area pursuant to the Urban Renewal Plan, as amended, except that taxes for the
regular and voter-approved physical plant and equipment levy of a school district
imposed pursuant to Section 298.2, but only to the extent authorized in Section
403.19(2), and taxes for payment of bonds and interest of each taxing district shall be
collected against all taxable property within the Amended Project Area without any
limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in
the areas of the Amended Project Area exceeds the total assessed value of the taxable
property in said areas shown by the assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected upon the taxable property in the Amended
Project Area shall be paid into the funds for the respective taxing districts as taxes by or
for the taxing districts in the same manner as all other property taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon
and indebtedness of the City of Iowa City referred to in Section 4 hereof have been paid,
all monies thereafter received from taxes upon the taxable property in the Amended
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Project Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. The provisions of this Ordinance are intended and
shall be construed so as to continue the division of taxes from property within the
Original Project Area under the provisions of Section 403.19 of the Code of Iowa, as
authorized in Ordinance No. 99-3879, and to fully implement the provisions of Section
403.19 of the Code of Iowa with respect to the division of taxes from property within the
Amendment No. 1 Area as described above. In the event that any provision of this
Ordinance shall be determined to be contrary to law it shall not affect other provisions or
application of this Ordinance which shall at all times be construed to fully invoke the
provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project
Area and the territory contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
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PASSED AND APPROVED this 18th day of danuary ,
2005.
ATTEST:
City"~Slerk
Read first time: 1/4/05 AYES: Elliott, Lehman,
O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None.
Read second time: Wa i ved
Read third time: 1/18/05 AYES: Bailey, Champion,
Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None.
PASSED AND APPROVED: ,lanuary
PUBLISHED: January 26, 2005
DLILLEBO~34276\l \10714.085
Moved by Vanderoef, seconded by Bailey, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES:Wilburn, Bailey, Champion, Elliott,
Lehman, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None.
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