HomeMy WebLinkAbout2005-08-16 Public hearing 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 2nd day of August,
2005, in 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 changing the zoning
designation from ID-RS, Interim Development
Residential, to OSA-5, Low Density Single
Family
Sensitive Areas Overlay, for
approximately 92 acres of property located west
of Kennedy Parkway and East of Camp Cardinal
Road.
2.) An ordinance changing the zoning
designation from C1-1, Intensive Commercial,
and RS-8, Medium Density Single Family
Residential, to CC-2, Community Commercial-
for approximately 2.19 acres of property located
between North Dodge Street and Dodge Street
Court, east of Conklin Lane.
3.) An ordinance changing the zoning
designation from ID-RS, Interim Development
Single Family Residential, to RS-5, Low Density
Single Family, for approximately 3.16 acres of
property located on Galway Drive.
4.) An ordinance changing the zoning
designation from RFBH, Factory-Built Housing
Residential, to PDH-12, Planned Development
Housing-High Density Single Family, for
approximately 2.72 acres of property located
west of Heinz Road.
~ 5.) An ordinance to vacate the alley rights'oF
in the Peninsula Neighborhood First
way
~...~ition. ~ ..____----
~e proposed ordinances are on file
for public examination in the office of the City
Clerk, City Hall, 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
To: City Council
From: Karin Franklin, Director, P~~
Re: Conditional Zoning Agreements: Cardinal Ridge and North Dodge Stree
Enclosed are two revised Conditional Zoning Agreements relative to the rezoning actions being
sought by Southgate Development Company for the development known as Cardinal Ridge and
for the commercial development on Dodge Street. The changes to the Agreements included in
your Council packet for the August 2® meeting are highlighted in bold type.
In the Cardinal Ridge agreement, clarification is made regarding the escrow account and a
provision is included addressing traffic issues and the need for secondary access with further
development of Outlots E and G. Resolution of the sewer extension issue remains the same as
that presented to the Council earlier and has been agreed to by the applicant.
In the Dodge Street commercial area, additional language is added providing flexibility in the
use of building materials, and the dedication of 10 feet of right-of-way on Conklin has been
conditioned on the presence of commercial access to Dodge Street Court.
It is my understanding that the applicant will have signed documents prior to the Monday night
work session of the Council.
Cc Southgate Development Co.
Tom Gelman
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E Washinqton St, Iowa City, IA 52240, 319-356-5030
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City"), Albert N. Hieronymus, individually, and Albert N. Hieronymus
as executor of the estate of Wilfreda Hieronymus (hereinafter "Owners"), and Southgate
Development Company (hereinafter "Subdivider").
WHEREAS, Owners are owners and legal title holders of approximately 92.93 acres of property
located north Melrose Avenue, west of the northwest terminus of Kennedy Parkway and the
Walnut Ridge subdivision; and
the Owners and Subdivider have applied to rezone the property from Interim
Develo Residential (ID-RS) to Sensitive Areas Overlay Low Density Single-Family
Residential and ~
WHEREAS, ' is subdividing said property according to the plat for the ~ Ridge
subdivision; and
WHEREAS, the Planning ning Commission has recommended fl of said rezoning
and subdivision subject to ~s related to infrastructure needs, s f the provision of
sanitary sewer to the southern of the Property; and
WHEREAS, Iowa Code Section 414.5 provides that the ( Iowa City may impose
reasonable conditions on granting a uest, over am existing regulations, in
order to satisfy public needs that are directl, in zoning; and
WHEREAS, the Owners and Subdivider ;rtain conditions and restrictions
are reasonable to ensure future infrastructure needs ~ funded to minimize costs to
the public and promote development; and
WHEREAS, Owners and Subdivider agree to us.j~his
in
accordance
with
the
terms
and conditions of a Conditional Zoning Agreeme/¢. ~
NOW, THEREFORE, in consideration of t/he/mutual promises co ~"'b~ned herein, the Parties
agree as follows: ~ ~
1. Owners are the legal title holders/and Southgate Development Compah~ is the subdivider,
of the property legally descri~l,~s follows: ~
THE WEST FRACTIONA~ALF OF THE NORTHWEST QUARTER, EXCEPT TI~E FOLLOWING
DESCRIBED TRACT, T~IT: COMMENCING 14 RODS EAST OF THE SOUTH_W_E_~T ~O2RsN~)~sF'
SAID WEST FRACTI~3tNAL HALF OF THE NORTHWEST QUARTER, THENCE EAS 5 ,
THENCE NORTH 2?RODS, THENCE NORTHWESTERLY TO A POINT 23 RODS NORTH OF THE
PLACE OF BEG[,~INING, THENCE SOUTH 23 RODS TO THE PLACE OF BEGINNING, IN
SECTION 7, TO~NSH1P 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. ALSO AN EASEMENT
-/
Conditional Zoning Agreement (REZ04-00030)
Page 2
FOR ROAD PURPOSES AND FOR RIGHT OF iNGRESS AND EGRESS OVER THE WESTERLY 30
FEET OF THE OF THE NORTH 44 V~ RODS OF THE WEST FRACTIONAL HALF OF THE
SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH
P.M.
2. The Parties acknowledge that Iowa Code Section 414.5 (2005) provides that the City of
Iowa City may impose reasonable conditions on granting an applicant's rezoning request,
over and above the existing regulations, in order to satisfy public needs directly caused by
the requested change.
3. n consider~on of the City's rezoning the subject property, Owners and Subdivider agree
that developm~t of the subject property will conform to all other requirements of the Zoning
Chapter, as well'es the following conditions:
a In lieu of requir~¢ the extension of the sanitary sewer li~(s)to be 'constructed within
the Property to th~ southern border of the Property ~p provided for by City Code
Section 14-7C-2, th"~ Owners and/or Subdivider shall,/provide to the City a blanke!
sanitary sewer easen~nt over and across the per tn of Outlet C in the approvea
preliminary p at for the C~dinal Ridge subdivision Io~ ~te¢ south of the east-west trunk
sewer line, and deposit in'~n escrow account the City before the f rst building
permit is issued the sum of $2~6,000.00. Said is intended as a payment toward
the cost of extension of a san~.ary sewer line ,ugh said Outlet C to the southern
border of the Property, provi(~ed the of the sanitary sewer line is
commenced within fifteen (15) yea~s after such deposit. If the land located
to the south of the Property and Avenue is final platted without the
need for the extension of an! line through Outlet C to the southern
border of the Property, or if the extensi ~of a sanitary sewer line through Outlet C to
the southern border of the Property nmenced within fifteen (15) years after
the date of the deposit of th'~.~ity, then the escrowed funds shall be
promptly returned without interest.
b. Prior to plat approval for an Outlet E or Outlet G, a traffic ......
analysis on Kennedy will be coml by the City to determine if
secondary access is requi by the City's SecOndary Access Guidelines. If
secondary access is so , there shall bl~, no plat approval for any
development of Outlet E G prior to constr0~tion of secondary access
deemed adequate by th
Owners Subdivider and acknowledge that the conditionsX~ontained herein are
reasonable conditons to on the land under Iowa Code Se. cti.~. 414.5 (2005), and
that said conditions s; Iis~ ~ublic needs which are directly caused by th'ex, requested zoning
change. / ~ .
4. Owners Subdivider/~,nd City acknowledge that in the event.~he s. ubjek~t,_property is ..... ~Bu,letsandNumbering
transferred, sold, rej~e ~elc )ed, or subdivided, all redevelopment will conform w~ the terms -- --
of this Conditional/~on ng Agreement.
5. The Parties )wle~lge that this Conditional Zoning Agreement shall be deemed~o be a
with the land and with title to the land, and shall remain in full forl~e and
,nant running with the title to the land unless or until released of record by the
City. The ; further acknowledge that this Agreement shall inure to the benefit of and
bind all su( representatives and assigns of the Parties.
Conditional Zoning Agreement (REZ04-00030)
Page 3
I 6. Owners and Subdivider acknowledge that nothing in this Conditional Zoning Agreement* ..... { Formatted: Bullets and Numbering
shall be construed to relieve the Owners, Subdivider or future owners from complying with
all applicable local, state, and federal regulations.
I 7. 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
publicati~ of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's~ce at the applicant's expense.
*** R~.ainder of this Page has been left Blank ***
Conditional Zoning Agreement (REZ04-00030)
Page 4
Dated this day of ,2005.
OWNERS CITY OF IOWA CITY, IOWA
By
Albert N. Hieronymus, Individually Ernest W. Lehman, Mayor
~ By
Albert N. Hieronymus~ Marian K. Karr, Cit~,Clerk
Executor of the Estate for~ /
Wilfreda Hieronymus ~ /
SUBDIVIDER
Southgate Development Company, ln~x,,,
By:
Teresa L. Morrow, Vice President by:
City A'f~mey's Office
Conditional Zoning Agreement (REZ04-00030)
Page 5
OWNERS' ACKNOWLEDGEMENTS
State of. _, County of ss:
On this__ day of ., 2005, before me, a notary public for said state, personally
appeared Albert N. Hieronymus, to me known to be the person named in and who executed the foregoing
instrument, and acknowledged that he executed the same as his voluntary act and deed.
Notary Public for the State of Iowa
State of , County of ss:
On this dayof~ · 2005, before me, a notary public for said state, personally
ianPsPt ~u~ ~ edn tA, labn~ ~t aNc i~nH~ ;~;~ g e~l ta~ h~ ei sk t nh°eWenx ;; ubt; ~ hoer tP~S;s;a; ;~;d ~g;l~rea'add~/~f;i;;~lc)~leodu;~nf~r;gl~;gr
acknowledged that he executed~ same in said capacity as his volunt~?~ act and deed.
.-
~ Notary Public for)de State of Iowa
SUBDIVIDER'S ACKNOWLEDGEMENT ,
State of
This instrument was acknowledged __ day of ,2005 by
Teresa L. Morrow, as Vice-President of South ~any, Inc.
N for the State of Iowa
CITY OF IOWA CITY AC ':
State of Iowa, County of Johnson, ss:
On this.day of , 2005, before the undersigned, a notary for the state of Iowa,
personally appeared Ernest W. Lehman dan K. Kan', to me who, being by me
duly sworn, did say that they City Clerk, respectively, of the , of Iowa City, Iowa,
executing the within and fore that the sea of said corporation
by authority of its City Council; an the said Mayor and City Clerk acknowled I the execution of
said instrument to be the act and deed of said corporation, by it and voluntarily
executed.
Notary Public for the State of Iowa
August 9, 2005 '--~
74 Burr Oak Court :
Iowa City, Iowa 52246 . _: ~ '.~
Honorable Mayor and Members of the City Council of Iowa City:
I hope at your working session you will continue your discussion about the future of
Kennedy Parkway based on its past. Please consider the variances that were granted to
Southgate Development Company by Ordinance 91-3485:
A. Reduction of the right-of-way width of Kennedy Parkway, a collector street
from 66 feet to a minimum of 60 feet.
B. Modification of the City's street standards and specifications for collector
streets to permit a pavement width of 28 feet, back of curb to back of curb, for
the undivided portions of Kennedy Parkway. Where the two lanes of this
street are separated by vegetative islands, each of the divided lanes shall be a
minimum of 22 feet back of curb to back of curb.
C. Reduction of the pavement width for all other streets from 28 feet to 25 feet,
back of curb to back of curb.
D. Reduction of the pavement width for all cul-de-sac loops to a minimum of 22
feet, back of curb to back of curb.
E. Variation of the cul-de-sac street limit of 900 feet for Shagbark Court and
Crabapple Court.
F. No provision for public sidewalks adjacent to streets within the subdivision,
except Kennedy Parkway.
G. Kennedy Parkway shall have a four-foot wide sidewalk, constructed by the
developer, on one side of the proposed right of way only. This walk shall be
continuous from a point on Melrose Avenue to the point where Kennedy
Parkway intersects the west boundary of the subdivision.
That Kennedy Parkway can serve as a collector street given these variations was justified
March 15, 1990 in the Summary Report for the City Council from Planning and Zoning
Commission: "Given the very low density of development proposed within Walnut
Ridge, the Commission finds the street modifications proposed for this subdivision will
adequately provide for the safe and efficient movement of vehicular traffic within and
through the development. The proposed street designs are also expected to preserve the
natural amenities of the tract and to enhance the rural character of the subdivision.
Modification of the City's street standards and specifications also make large lot
residential development an economically viable housing option within the community"
(page 2)
This "collector" street is now being asked to handle the traffic burden of an additional 92
acres of higher density development. (RS-5 vs. RR-1 in Walnut Ridge.) The topography
of Kennedy Parkway does not lend itself to "safe and efficient movement of traffic" as
documented by JCCOG 2003 and 2005 traffic studies showing the 85th percentile of
traffic going 39mph. For these reasons we feel it reasonable to request conditional zoning
requirements for Cardinal Ridge.
The City Staff disputes that old Camp Cardinal Road was put forward as a viable option
yet the Planning and Zoning Commission added a condition to the plat based on the
information presented to them by staff. The following information is an excerpt from the
Staff Report prepared regarding Cardinal Ridge. "Camp Cardinal Road Connection:
Kennedy Parkway is proposed to connect to Camp Cardinal Road at the west property
line. There may be a concern that this connection will result in cut through traffic using
Camp Cardinal Road and Kennedy Parkway between Iowa City and Coralville. This will
be only a temporary situation, as the new Camp Cardinal Boulevard, which should be
completed by the fall of 2006, will provide a better connection when it is complete.
Kennedy Parkway and Camp Cardinal Road will serve as collector streets for the
adjacent subdivisions"(pages 4-5).
It is difficult as a citizen attempting to advocate for the safety of my neighborhood in a
respectful and reasonable manner given such changing facts.
It is my understanding the Tom Gelman, legal counsel for the Walnut Ridge
Homeowners' Association, will present to you for consideration criteria at which we
would like to see secondary access imposed. I look forward to heating your discussion.
This truly is a remarkable safety issue given that Kennedy Parkway serves as a "spine"
street for a series of cul-de-sacs. There are no connected streets with which to
communicate. The residents of Walnut Ridge must interact with Kennedy Parkway to
circulate through the neighborhood. This challenge for our children will be impacted the
moment Kennedy Parkway extends.
Thank you for your consideration.
Sincerely,
Lynnette Ammar
Date: August 15, 2005
To: c,t, Ma era dci
From: Karin Franklin, Director,
Re: Cardinal Ridge sewer
Since the Council's formal meeting on August 2"d, City staff has had considerable
communication from representatives of the property to the south of the proposed Cardinal Ridge
rezoning. Information has been gleaned that causes the staff to return to the original position
we took with Southgate Development relative to the sewer extensions from Cardinal Ridge to
the south. Presented below is the rationale for our position.
The action before the Council is the rezoning of the property to enable development of single-
family development. As part of this rezoning consideration, we look at the ability to provide
infrastructure to the property in question and compliance with our subdivision regulations. Iowa
City's subdivision regulations (14-7C-2) require the extension of sanitary sewer to the
subdivision boundaries "as necessary to provide for the extension of sanitary sewers to adjacent
property." It has been made clear to us that the Nepola and Ahrens property are separate
entities, each having road access from the right-of-way of the old Camp Cardinal Road and
each having the potential for development (upon rezoning) except for the need to access
sanitary sewer. The only way for these individual properties, given their topography, to access
sewer is from Cardinal Ridge. Whether they may develop at some future time with the Pirkl
property to the south or not is speculation. Therefore, there exists a necessity in the extension
of sewer to the south boundary of Cardinal Ridge to provide for the extension of sanitary sewer
to the Nepola and the Ahrens properties. In our original conversations with Southgate
Development at the staff level, we requested three sewer lines to be extended. Given more that
we have learned of the topography of the properties to the south, it appears that only two lines
will be necessary--one to serve the Nepola property and one to serve the Ahrens property.
The City Council has the ability to modify or waive this sewer extension requirement if the
subdivider can show extraordinary hardship with compliance due to the following:
· Unusual topography
· Excessive costs
· Other such non-self-inflicted conditions, or
· Compliance would conflict with the objectives of the regulations.
The requirement may also be modified or waived if the subdivider can show the extension would
result in poor subdivision design or substantial degradation of the environment. With any
modification or waiver, the Council must find the public interest is protected and the modification
or waiver will not nullify the intent of the regulation.
Council options
1. Require the extension of a sanitary sewer line to the Nepola property and to the
Ahrens property as provided by law.
2. Based on a demonstration by the developer of iustification for waiver or
modification., accept a blanket sewer easement and escrow for 110% of the cost of
the sewer extensions, with the escrow to be returned to the subdivider of Cardinal
Ridge only if development to the south is accomplished without the sewer
extension.
August15,2005
Page 2
3. Based on a demonstration by the developer of iustification for waiver or
modification., accept a blanket sewer easement, without an escrow, if the Council
finds that the public interest is protected and the modification will not nullify the
intent of the subdivision regulation providing for extension of sanitary sewer to
boundaries of property.
Unless Southgate Development can provide the requisite demonstration of rationale to waive
the sewer extension requirement, the staff believes that failure to require an escrow, any lesser
amount for the escrow, or any time limit on the holding of the escrow will not protect the public
interest, and will nullify the intent of the subdivision regulation providing for extension of sanitary
sewer to the boundaries of the property.
Cc Glenn Siders, Southgate Development
Joe Holland, Attorney for Southgate
Bob Wilson, Attorney for Nepola Family Enterprises, L.L.C.
Prepared by: Mitchel T. Behr 410 E Washin 319-356-5030
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa Iowa, a Municipal
Corporation (hereinafter "City"), Albert N. Hieronymus, individually, Albert N. Hieronymus
as executor of the estate of Wilfreda Hieronymus (hereinafter and Southgate
DevelOpment Company (hereinafter "Subdivider").
Owners are owners and legal title holders of ' 92.93 acres of property
located Melrose Avenue, west of the northwest termin of Kennedy Parkway and the
Walnut I~division; and
WHEREAS, the ~ers and Subdivider have applied rezone the property from Interim
Development ~1 (ID-RS) to Sensitive Areas Low Density Single-Family
Residential (OSA-5);
WHEREAS, Subdiivider is said property ~ to the plat for the Cardinal Ridge
subdivision; and
WHEREAS, the Planning ;¢ as recommended approval of said rezoning
and subdivision subject to conditions needs, specifically the provision of
sanitary sewer to the southern boundap and
WHEREAS, Iowa Code Section 414.5 that the City of Iowa City may impose
reasonable conditions on granting a rezom~ Jest, over and above existing regulations, in
order to satisfy public needs that are , the requested change in zoning; and
WHEREAS, the Owners and certain conditions and restrictions
are reasonable to ensure future needs are a~equately funded to minimize costs to
the public and promote development;
WHEREAS, Owners and Subdivide agree to use this propert~jx!n accordance with the terms
and conditions of a Conditional Zon Agreement. ~
NOW, THEREFORE, in ~ of the mutual promises conta,~ned herein, the Parties
agree as follows:
1. Owners are the legal title and Southgate Development Compa~ is the subdivider,
of the as follows:
THE WEST ~ HALF OF THE NORTHWEST QUARTER, EXCEPT THE FOLLOWING
DESCRIBED TRACT, ~I~ COMMENCING 14 RODS EAST OF THE SOUTHWEST CORNER OF
SAID WEST FRACTIqNAL HALF OF THE NORTHWEST QUARTER, THENCE EAST 25 RODS,
THENCE NORTH 21 I~ODS, THENCE NORTHWESTERLY TO A POINT 23 RODS NORTH OF THE
PLACE OF BEGINNI~ THENCE SOUTH 23 RODS TO THE PLACE OF BEGINNING, IN
SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. ALSO AN EASEMENT
Conditional Zoning Agreement (REZ04-00030)
Page 2
FOR ROAD PURPOSES AND FOR RIGHT OF INGRESS AND EGRESS OVER THE WESTERLY 30
FEET OF THE OF THE NORTH 44 ½ RODS OF THE WEST FRACTIONAL HALF OF THE
SOUTHWEST QUARTER OF SECTION 7, RANGE 6 WEST OF THE 5TH
P.M. \
2, The Parties acknowledge that Section 414.5 (2005)provides that the City of
Iowa City may impose conditions on granting an applicant's rezoning request,
over and above the existing in order to satisfy publi~d needs directly caused by
the requested change.
3. In consideration of the City's ezoning the subject property, and Subdivider agree
that development of the sub , will conform to all requirements of the Zoning
Chapter, as well as the conditions:
a. In lieu of requiring the exte ;ion of the sanitary sewer ~ to be constructed within the
Property to the southern of the Property asfor by City Code Section 14-
7C-2, the Owners and/or shall provid~ the City a blanket sanitary sewer
easement over and of Outlot ( the approved preliminary plat for the
Cardinal Ridg of the trunk sewer line, and deposit in
an escrow account with the before building permit is issued the sum of
$26,000.00. Said amount is ,ment toward the cost of extension of a
sanitary sewer line through said southern border of the Property, provided
the installation of the sanitary sewer s commenced within fifteen (15) years after the
date of such deposit. If the land to the south of the Property and north of Melrose
Avenue is final platted without the for the extension of any sanitary sewer line
through Outlot C to the southern the Property, or if the extension of a sanitary
sewer line through Outlot C to ;rn border of the Property is not commenced
within fifteen (15) years after of deposit of the funds with the City, then the
escrowed funds shall be proml interest.
b. Prior to plat approval for Outlot E or Outlot G, a traffic analysis on
Kennedy Parkway will be by City to determine if secondary access is
required by the City's Se( lines. If secondary access is so required,
there shall be no plat for any )ment of Outlot E or Outlot G prior to
construction of second; access deemed ade¢ by the City..
4. Owners, Subdivider City acknowledge that 3e conditions contained herein are
reasonable impose on the land under Code Section 414.5 (2005), and
that said conditions public needs which caused by the requested zoning
change.
5. Owners, ,~r and City acknowledge that in event the subject property is
transferred, sol redeveloped, or subdivided, all redevelo will conform with the terms
of this Conditi( g Agreement.
6. The Parties ge that this Conditional Zoning shall be deemed to be a
covenant with the land and with title to the land, and hall remain in full force and
effect as a g with the title to the land unless or released of record by the
City. The further acknowledge that this Agreement shall Are to the benefit of and
bind all s~ ;cessors, representatives and assigns of the Parties.
Conditional Zoning Agreement (REZ04-00030)
Page 3
7. Owners and Subdivider acknowledge that nothing in this Conditional Zoning Agreement
shall be construed to relieve the Owners, Subdivider or future owners from complying with
all applicable local, state, and federal regulations.
8. The Parties agree that this Conditional Zoning Agree~'~'nt shall be inco~rporated by
reference into the Ordinance rezoning the subject pro. p~rty; and that upon ~idoption and
publication of the Ordinance, this Agreement shall/.b'e recorded in the JoHnson County
Recorder's Office at the applicant's expense. //,/el left Blank ~iti~a
*** Remainder of this Page has b Ily?
Conditional Zoning Agreement (REZ04-00030)
Page 4
Datedthis /~-~"~ dayof ~'"~)~,~' ,2005.
OWNERS CITY, IOWA /
/
Albert N. Hieronymus, Individually Lehman, M/a~or
Albert N. Hieronymus Marian K. K Clerk
Executor of the Estate for
Wilfreda Hieronymus
SUBDIVIDER
Southgate Development Company, Inc.
Teresa L. Morrow, Vice President Approved by:
City Attorney's Office
/
Conditional Zoning Agreement (REZ04-00030)
Page 5
OWNERS' ACKNOWLEDGEMENTS
Stateof Io~oA .,Countyof 30~lqgC~N ss:
On this ~g day of JM, xact~,~' , 2005, a notary ~ublic for said state, personally
appeared Albert N. Hieronymu~s, to me known to n named ip and who executed the foregoing
instrument, and acknowledged that as his voluntary act and deed.
[Commission Number 1938781 ~I~..w(~ I 'A
ltl" My Commission F, xpires I fo/the State of Iowa
[ ~ 1 ~' ti>. Ob, I Notary Public
/
State of [ OtDP~ , County __ ss:
On this [~4-~x~ day of ~LI~f , before a notary public for said state, personally
appeared Albert N. Hieronymus, to to be the named in and who executed the foregoing
instrument, and acknowledged that he is the :he estate for Wilfreda Heironymous, and further
acknowledged that he executed the same in as his voluntaW act and deed.
SHARI WELDON
Notary Public for the State of Iowa
SUBDIVIDER'S
State of I ID ~J~ ss:
This instmment was onthe [~'~ dayof inc~LA&t ,2005 by
Teresa L. Southgate .
VELDON
Public in and for the State of lowa
CITY OF IOWA Cl -'MENT:
State of Iowa of Johnson, ss:
On this. , 2005, before me, the a notary public for the state of Iowa,
personally Ernest W. Lehman and Marian K. to me personally known, who, being by me
duly sworn are the Mayor and respectively, of the City of Iowa City, Iowa,
executing foregoing instrument; that the seal ~i[tached thereto is the seal of said corporation
· of its City Council; and that the said Mayor anckCity Clerk acknowledged the execution of
said to be the voluntary act and deed of said c6~poration, by it and by them voluntarily
i Notary Public for the State of Iowa
Mitch/B[Cardinal Ridge/CZA... 8.10.05
Prepared by: Mitchel T. Behr, Asst. City Att n St, Iowa City, IA 52240, 319-356-5030
CONDITIONAL ZONING AGR--EMENT
THIS AGREEMENT is made by and between the Cit,, of Iowa City, Iowa, a Mu,,nicipal
Corporation (hereinafter "City"), Albert & Wilfreda Heirc~nymus (hereinafter "Owners'), and
Southgate Development Corn hereinafter "Subdivider ).
WHEREAS, Owners are owners legal title holders of/approximately 92.93 acres of property
located north Melrose Avenue, of the northwest,t~brminus/ of Kennedy Parkway and the
Walnut Ridge subdivision; and
WHEREAS, the Owners and ~r have applied to rezone the property from Interim
Development Residential (ID-RS) to ~nsitive A, feas Overlay Low Density Single-Family
Residential (OSA-5); and
WHEREAS, Subdiivider is subdividing according to the plat for the Cardinal Ridge
subdivision; and
WHEREAS, the Planning and Zoning Coral ~n has recommended approval of said rezoning
and subdivision subject to conditions ructure needs, specifically the provision of
sanitary sewer to the southern and
WHEREAS, Iowa Code Section 414 2005) that the City of Iowa City may impose
reasonable conditions on granting g over and above existing regulations, in
order to satisfy public needs that directly caused the requested change in zoning; and
WHEREAS, the Owners and livider acknowledge ~at certain conditions and restrictions
are reasonable to ensure futL ~structure needs are equately funded to minimize costs to
the public and promote )ment; and
WHEREAS, Owners an )divider agree to use this in accordance with the terms
and conditions of a Co ional Zoning Agreement.
NOW, Ti in consideration of the mutual promises herein, the Parties
agree as follows:
1. Albert & Heironymus are the owners and legal holders, and Southgate
pany is the subdivider, of the property is follows:
THE WEST FRACTIONAL HALF OF THE NORTHWEST THE FOLLOWING
DESCRIBED TRACT, TOWIT: COMMENCING 14 RODS EAST OF .~ORNER OF
SAID WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, EAST 25 RODS,
THENCE NORTH 21 RODS, THENCE NORTHWESTERLY TO A POINT 23 OF THE
Conditional Zoning Agreement (REZ04-00030)
Page 2
PLACE OF BEGINNING, THENCE SOUTH 23 RODS TO THE PLACE OF BEGINNING, IN
SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. ALSO AN EASEMENT
FOR ROAD PURPOSES AND FOR RIGHT OF INGRESS AND EGRESS OVER THE WESTERLY 30
FEET OF THE OF THE NORTH 44 ½ RODS OF THE WEST FRACTIONAL HALF OF THE
SOUTHWEST QUARTER OF 79 NORTH, RANGE 6 WEST OF THE 5TH
P.M.
2. The Parties acknowledge the Iowa Code n 414.5 (2005) provides that the City of
Iowa City may impose reaso ~able conditions on iranting an applicant's rezoning request,
over and above the existing ulations, in order satisfy public needs directly caused by
the requested change.
3. In consideration of the City's the subje Owners and Subdivider agree
that development of property will to all other requirements of the Zoning
Chapter, as well as the conditions:
a. Extension of sanitary sewer southern bo~ of the Property: In lieu of requiring the
extension of the sanitary line(s) be constructed within the Property to the
southern border of the Prc as for by City Code Section 14-7C-2, the
Owners and/or Subdivider the City a blanket sanitary sewer easement
over and across the area G in the approved preliminary plat for the
Cardinal Ridge subdivision, and t with the City before the first building permit is
issued the sum of $26,000.00. S~ ount is intended as a payment toward the cost of
extension of a sanitary sewer line rough said Outlot G to the southern border of the
Property, provided the installation sanitary sewer line is commenced within fifteen
(15) years after the date of such ;it. If the land located to the south of the Property
and north of Melrose Avenue is led without the need for the extension of any
sanitary sewer line through the southern border of the Property, or if the
extension of a sanitary line ~gh Outlot G to the southern border of the
Property is not 15) years after the date of the deposit of the
funds with the City, then shall be promptly returned without interest.
4. Owners, Subdivider and acknowledge the conditions contained herein are
reasonable conditions to 3ose on the land Iowa Code Section 414.5 (2005), and
that said conditions satis public needs which are rectly caused by the requested zoning
change.
5. Owners, Subdivider City acknowledge that ~e event the subject property is
transferred, sold, or subdivided, all )ment will conform with the terms
of this Conditional ~reement.
6. The Parties that this Conditional Zoning shall be deemed to be a
covenant runni with theland and with title to the land, hall remain in full force and
effect as a running with the title to the land unless released of record by the
City. The P~ further acknowledge that this Agreement sha inure to the benefit of and
bind representatives and assigns of the Parties.
7. Owners Subdivider acknowledge that nothing in this Zoning Agreement
shall be construed to relieve the Owners, Subdivider or future from complying with
all applicable local, state, and federal regulations.
Conditional Zoning Agreement (REZ04-00030)
Page 3
8. The Parties agree that this Conditional Zoning_Agreenlent shall be incorporated by
reference into the Ordinance rezoning the ,subject property~'~nd that upon adoption and
publication of the Ordinance, this Agree, Ffent shall be record ;d in the Johnson County
Recorder's Office at the applicant's exp,~se.
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*** Remainder of this Pa~e has been left Blank Intel :ionally ***
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Conditional Zoning Agreement (REZ04-00030)
Page 4
Dated this day of ,2005.
OWNERS CITY OF IOWA CITY, IOWA
By
Alfred Hieronymus y Ernest W. Lehman, Mayor
By
Wilfreda Hieronymus Marian K. Karr, City Clerk/
/
SUBDIVIDER
Southgate Development Company, Inc.
,/
By:
Teresa L. Morrow, Vice Presiden Approv~ by:
/~ity Attorney's Dffice
/
/
//
Conditional Zoning Agreement (REZ04-00030)
Page 5
OWNERS' ACKNOWLEDGEMENT
State of ., County of ss:
On this__ day of , 2005, bef)re me, a notary public for said state, personally
appeared Alfred Hieronymus and Wilfreda Hieronymus, wife and husband, to me known to be the
persons named in and who executed the foregoing ~strument, and acknowledged that they executed the
same as their voluntary act and deed.
' Public for the Stat~/of Iowa
/
/
SUBDIVIDER'S ACKNOWLEDGEMENT
/
/
State of ., County of ss: /
/
This instrument was acknowledged before me the / day of ., 2005 by
Teresa L. Morrow, as Vice-President of South :lopmodt Company, Inc.
~Public in and for the State of Iowa
CITY OF IOWA CITY ACKNOINL£DGEMENT:
State oflowa, County of Johnson, ss: .t ·
On this. day of , 2005, befqr~ me, the unders a notary public for the state of Iowa,
personally appeared Ernest W. Lehman and Marian K. to me personally known, who, being by me
duly sworn, did say that they arslhe Mayor and City Cie of the City of Iowa City, Iowa,
executing the within and forego~ng instrument: 1 attached thereto is the seal of said corporation
by authority of its City Coun~il; and that the said Mayor tnd City Clerk acknowledged the execution of
said instrument to be the,~v/oluntary act and deed of sai corporation, by it and by them voluntarily
executed.
/
" Notary Public for the State of Iowa
?
Dodge St Court ~P/_ Page 1 of 1
larian Kart
From: Young, Teresa [teresa-young@uiowa.edu]
Sent: Friday, August 12, 2005 8:08 AM
To: council@iowa-city.org
Subject: Dodge St Court
To the City Council:
During this last meeting about the development on Dodge St. Court/Conklin Lane, the Southgate representatives are now
stating they don't want to use brick. During the zoning meetings they showed everyone the computer-images of what they
want to build. The zoning people looked at this as did all of the neighborhood.. This was all very nice. It seems very odd to
me that now they are making an issue of using brick as this is what they had proposed.
The drainage along Dodge St. Court is really bad. Whenever you take away green space and start paving, the water has to
go somewhere. Dodge St. Court has a gentle downhill slope that drains directly to our house (n24 Dodge St. Court). I
was not convinced that this problem has been addressed. My ramp on my house is almost totally flooded whenever it
rains as well as our basement. It has also cut deep ruts along our drive. We have tried different ways to divert the water
with no avail. Paving more of the area is going to worsen our problem.
Dodge St. Court is a small no outlet road. Any added traffic on this road will affect all of us that live here. There is no
other way to get to and from our homes. I wish you could see me trying to get to work on a cold snowy morning. My bus
has to turn around and back down the road to get to our place. And when they tell me that the bank traffic will not affect
us, they are wrong. It was easier without the duplexes, as there was not the added traffic and cars sitting along side the
road. And now we are adding a drive-thru bank and another garage for apartments, I think this does affect me and very
directly. We need the traffic to stay on the other side of the development. It would seem to me that the people who live in
this area do need to be heard. Please look hard at the issues, I have brought up here. What do the laws state about adding
this sort of development, and the impact on the environment including humans.
Teresa Young
Secretary, Dept. of Psychiatry
319-353-6963
teresa-young~uiowa.edu
8/12/2005
PROTEST OF REZONING clrr O~IOWA
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of property included in the proposed zoning
change, or the owners of property which is located within two hundred feet of the exterior
boundaries of the property for which the zoning change is proposed, do hereby protest the
rezoning of the following property:
This petition is signed and acknowledged by each of us with the intention that such
rezoning shall not become effective except by the favorable vote of at least three-fourths
of all the members of the council, all in accordance with 414.5 of the Code of Iowa.
By:
O~er(s) of ~ Property Ad.ess
STATE OF IOWA )
) SSi
JONSON CO~
On tbs ~ ~ day of fl h ~ ~ _, 20 off , before me, the undersi~,
a Not~y Public in and for said County and State, personally appe~ed
to me ~own to be the ~dentical persons n~ed in and wh6 executed the within and
foregoing instrument ~d ac~owledged that they executed the same as their voluntary
act ~d deed.
Nota~c inca ~j~tate of Iowa
Dear City Council members:
I am concerned about the plans that Southgate Development has for the property across bom my property,
1110 Conklin Lane. I was happy to see that the enmmee for the businesses will be on Dodge Street. I am
not opposed to the idea of having a few new businesses nearby. I was somewhat unhappy to learn of the
bank driveway that is planned which would come out on Dodge Street Court, right across from my yard,
however. I was made even further worried when I was told that many people use such driveways, even at
night. I don't believe that is a safe place to have an exit. It is too close to an intersection; an intersection
which will be much busier when they have built the condos that also exit onto Dodge Street Court.
Although the lights l~om the cars which go through the bank driveway will probably not bother me at night,
since only my porch and hallway have windows that low on that side, I cannot be sure that it wouldn't be a
barrier ifI decide to sell my house in the future. In addition, development companies are supposed to be
making things look nice and lzying to fit in with the neighborhood. There is nothing else in my
neighborhood which looks like a bank and its drive-thru.
Looking at the plans, my neighbors and I could see alternate ways for them to have a bank without creating
an extra exit. Southgates own planners did this as well, but, as Southgate has said, that would mean they'd
have less parking available. If they don't have enough room for what they want to build and the requisite
parking to accompany it, then they are trying to build too much in too small of a space. I understand that
they want the most value out of their property as they can get, but since none of my neighbors or I will be
receiving any of that extra income, I don't see why we should have to be inconvenienced.
I was originally only concerned that the view I would have of the bank would be ugly. Southgate seemed
willing to plant evergreen trees along the bank to solve this. As the focus has changed to the driveway,
however, somehow the suggestion became that the evergreen trees should be along my property on the
Dodge Street Court side. Since I already have some deciduous things planted along there, it would be quite
a change for me, but I would be willing to accept that as long as I had input into what kind of trees they'd
be and where they'd be placed. However, I believe those trees would still be a problem, since there are
utilities buried all along that same side. IfI am incorrect, and there is no problem with planting trees where
utilities are, then that would solve the issue of me being able to see the bank and its driveway. The
driveway would still create more traffic, more ba?ards, and more noise, even at night.
I'm sure you take great care in making decisions that affect an entire neighborhood, so I hope I haven't
wasted both my time and yours, and that my thoughts have given you some new things to consider.
Sincerely,
Loft Dockery
(319) 338-6968
1110 Conldin Lane
Iowa City, IA 52245
PROTEST O1. RE ZONING czr o~,~ow~ c~rr
TO: HONOKABLE MAYOK AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being thc owners of property included in the proposed zoning
change, or the owners of property which is located within two hundred feet of the ext~ior
boundaries of the property for which the zoning change is proposed, do hereby protest the
mzoning of the following property: '
This potition is signed and acknowledged by each of us with the intention that such
rezoning sfia~l' not become effective except by the favorable vote of at least three-fourths
of all th~ members of the council, all in accordance with 414.$ of the Code of Iowa.
Owner(s) of Property Address
STATE OF IOWA ) .... "
) $$1 _.,
JOHNSON COUNTY)
On this It day of au aaa ....... 20 C~, befor~ me, the unde~?~ned, ":'
a Notary Public in and for said County and State. pgtaonally appeared ~
0 ~ ~id ~-¼ t,( ~ ~,, and
to me known to be the identical persons named in and who executed the within and
foregoing instrument and acknowledged that they executed the same as their voluntary
act and deed,
Notary Public in and for the State of Iowa
~ ~, I ' SONDRAE FORT
Od~: Sttbd Folder 121~ ~1 Commission Number 159791
Cc: CA ['.~L'] My Commission Expires
M~ia
Concept
Site Plan
No~h Dodge
Development
I~a City, iowa
SouthG~te
North Dodge
Development
Iowa City, Iowa
Concept
Sketches
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of
Iowa City will hold a public hearing on the 16th of
August, 2005, at 7:00 p.m. in Emma J. Harvat
Hall, City Hall Building, 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 a Resolution of Intent to
Convey alley right-of-way located in the Peninsula
Neighborhood First Addition.
Copies of the proposed resolution are on file for
public examination in the office of the City Clerk,
City Hall, 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
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the 16th
day of August, 2005, at 7:00 p.m. in the Emma J.
Harvat Hall of the Iowa City City 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
a Resolution Authorizing Conveyance of 2434
Aster Avenue, also described as Lot 20,
Whispering Meadows Subdivision Part One,
Iowa City, Iowa, to a Iow-income family.
Copies of the proposed resolution are on
file for public examination in the office of the City
Clerk, City Hall, 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
JC DOGPAC DOG PARK 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 JC
DogPAC Dog Park Project in said city at 7:00 p.m.
on the 16th day of August, 2005, said meeting to
be held in the Emma J. Harvat Hall in the 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 the 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