The URL can be used to link to this page

Home My WebLink About2000-05-02 Public hearingPublish 4/24 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 2"d day of May, 2000, in the Civic Center Council Chambers, 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 Low Density Single-Family Residential (RS-5) and Planned Development Housing Overlay (OPDH-5) to Planned Development Housing Overlay (OPDH-5) and approving a preliminary Planned Development Housing Overlay plan for Village Green Parts 18-20, a 19.6-acre, 1 O-lot, 63-unit residential development with one outlot located south of Village Road and west of Scott Boulevard. 2. An ordinance amending the Planned Development Housing Overlay (OPDH-5) plan, and approving a Preliminary Planned Development Housing Overlay plan for Village Green South Part 5, a resubdivision of a portion of Village Green South Part 3A, a 12- lot, 3.33-acre residential development located at Wintergreen Drive west of Scott Boulevard. 3. An ordinance vacating the northermost portion of North Jamie Lane located west of Sco oulevard. 14 nonconforming provisions in the Neighborhood Consedation Residential Zone (RNC-12). Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishin9 to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CI~ CLERK Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING ZONING CHAPTER 14-6D-5GI REGARDING THE NONCONFORMING PROVISIONS IN THE NEIGHBORHOOD CONSERVATION RESIDENTIAL ZONE (RNC-'I 2) WHEREAS, Currently under the Special Provisions section of the Neighborhood Conservation Residential Zone (RNC-12), it specifies all uses or buildings conforming to the requirements of the RM-12 zone prior to January 1, 1993 shall be considered conforming under RNC-12 zoning; and WHEREAS, this provision fails to address areas which are zoned RNC-12 after January 1993 which have buildings or uses established after January 1993 that conform to the requirements of the RM-12 zone; and WHEREAS, this amendment will allow any conforming use in existence at the time the property is rezoned to RNC-12 to remain legally conforming, regardless of the date the use was established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Chapter 6, entitled "Zoning," Article D, entitled "Residential Zones," Section 5, entitled "Neighborhood Conservation Residential Zone (RNC-12)" be rescinded and replaced with the following: 14-6D-5Gl: All uses or buildings which were conforming to the requirements of Section 14- 6D-7 of this article, Low-Density Multi-Family Residential Zone (RM-12) at the time the property is rezoned to Neighborhood Conservation Residential Zone (RNC-12), shall be considered conforming under this chapter. Any building containing a conforming use may be tom down and rebuilt, provided it does not exceed its present density or the density of this zone, whichever is greater, and it conforms with all other provisions of this chapter. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK ppdadm/ord/nonconform doc Publish 4/24 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 2"d day of May, 2000, in the Civic Center Council Chambers, 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 ordinance changing the zoning from Low Density Single-Family Residential (RS-5) and Planned Development Housing Overlay (OPDH-5) to Planned Development Housing Overlay (OPDH-5) and approving a preliminary Planned Development Housing Overlay plan for Village Green Parts 18-20, a 19.6-acre, 10-lot, 63-unit residential development with one outlot located south of Village Road and west of Scott Boulevard. 2. An ordinance amending the Planned Development Housing Overlay (OPDH-5) plan, and approving a Preliminary Planned Development Housing Overlay plan for Village Green South Part 5, a resubdivision of a portion of Village Green South Part 3A, a 12- lot, 3.33-acre residential development located at Wintergreen Drive west of Scott Boulevard. 3. An ordinance vacating the northermost portion of North Jamie Lane located west of Scott Boulevard. 4. An ordinance amending Zoning Chapter 14-6D-5G1 regarding the nonconforming provisions in the Neighborhood Conservation Residential Zone (RNC-12). Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK ppdadm/nph5-2-00.doc Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING DESIGNATION OF '19.6 ACRES OF LAND LOCATED SOUTH OF VILLAGE ROAD AND WEST OF SCO'I'r BOULEVARD FROM LOW-DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-5) TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-5), TO PERMIT A 10-LOT, 63-UNIT RESIDENTIAL DEVELOPMENT WITH ONE OUTLOT. WHEREAS, the applicant, Village Partners, has requested the City rezone 19.6 acres of land located south of Village Road and west of Scott Boulevard; and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for residential development at a density of two to eight units per acre; and WHEREAS, the Comprehensive Plan encourages alternatives to single-family detached housing; and WHEREAS, the proposed OPDH design includes 60 condominium units clustered around a proposed pond, and three single-family units fronting on Wintergreen Drive; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and OPDH plan and it has recommended approval of the same, subject to: (1) the City conveying Outlot B, Village Green, Part 14, a 0.35-acre parcel, to Village Partners, and (2) City receipt of a temporary construction easement agreement from the property owner to the west and south of the proposed development to allow the off-site grading activity associated with Village Green Parts 18-20. 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 its present classification of Low-Density, Single-Family Residential (RS-5) and Planned Development Housing Overlay (OPDH-5) to Planned Development Housing Overlay (OPDH-5) to permit a 10- lot, 63-unit residential subdivision: OUTLOT "B", VILLAGE GREEN - PART XIV, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 37, AT PAGE 41, RECORDS OF THE JOHNSON COUNTY RECORDER S OFFICE. AND ALSO; OUTLOT "B" AND C", VILLAGE GREEN PART XV, IOWA CITY. IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 38, AT PAGE 97, RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. AND ALSO; OUTLOT "A", V1LLAGE GREEN -- PART XVII, IOWA CITY. IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 41. AT PAGE 21. RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. AND ALSO; BEGINNING AT THE NORTHWEST CORNER OF LOT 7, VILLAGE GREEN SOUTH - PART 3A. IOWA CITY, IOWA IN ACCORDANCE WITH THE RECORDED PLAT IN BOOK 34, AT PAGE 38. OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°06'07"E, ALONG THE WEST LINE OF SAID LOT Ordinance No. Page 2 7, A DISTANCE OF 70.43 FEET; THENCE S45°41'07"W, 72.50 FEET; THENCE S34°38'32"W, 121.53 FEET; THENCE S03°05'31"W, 138.52 FEET; THENCE S26°51'20"W, 133.52 FEET; THENCE NORTHWESTERLY 241.08 FEET, ALONG A 530.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 239.00 FOOT CHORD BEARS N76°10'31"W; THENCE N89°12'22"W. 111.29 FEET; THENCE NORTHWESTERLY, 75.46 FEET, ALONG A 465.47 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 75.38 FOOT CHORD BEARS N84°33'43"W; THENCE S10°04'57"W. 60.00 FEET; THENCE NORTHWESTERLY, 685.25 FEET, ALONG A 525.47 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 637.72 FOOT CHORD BEARS S42°33'30"E; THENCE N89'57'00"E, ALONG THE SOUTH LINE OF VILLAGE GREEN - PART XIV, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 37, AT PAGE 41, RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND THE SOUTH LINE OF 0UTLOT "A", VILLAGE GREEN - PART XVII, IOWA CITY, IOWA. IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK X, AT PAGE X, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, 102.40 FEET; THENCE N89°53'53". ALONG SAID SOUTH LINE, 946.46 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 8.66 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. RESULTANT TRACT EQUALS 19.6 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. VARIATIONS. To encourage the development of 60 attached condominium units on 7 lots and 3 single-family units, with condominium units clustered around a pond, accessed by 22-foot wide private streets, the Planning and Zoning Commission recommended approval of the rezoning in accordance with the OPDH plan. SECTION III. 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. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK STAFF REPORT To: Planning &Zoning Commission Prepared by: John Yapp, Associate Planner Item: REZ00-0002 & SUB00-0002 Date: March 16, 2000 Village Green Parts XVIII-XX GENERAL INFORMATION: Applicant: Village Partners C/o Frantz Construction Co. 325 3~d Street Iowa City, IA 52245 Contact Person: Paul Anderson C/o MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Requested Action: Rezoning from RS-5 to OPDH-5, and Preliminary Plat approval of Village Green Parts XVII I-XX Purpose: To allow the development of 60 residential units on ten lots with one outlot Location: South of Village Road and west of Scott Boulevard Size: 19.9 acres Existing Land Use and Zoning: Undeveloped, RS-5 and PDH-5 Surrounding Land Use and Zoning: North: Residential and undeveloped, RS-5 South: Residential, OPDH-5 East: Manufactured housing, County RMH West: Residential, RS-5 and OPD H-5 Comprehensive Plan: Residential two to eight units per acre File Date: January 13, 2000 45 Day Limitation Period: Deferred to March 16, 2000 SPECIAL INFORMATION: Public Utilities: City water and sewer will be provided Public Services: Municipal police and fire protection will be provided, private refuse service will be necessary 2 Transportation: Transit service is available via the Towncrest route on Village Road Sensitive Areas Ordinance: Hydric soils are located on Lots 48, 49 and 57 BACKGROUND INFORMATION: The Village Green area began developing in the mid 1960s as Village Green Part I. Since that time, several subdivisions covering Village Green Parts I to XVII have been approved. The Village Green concept has been to cluster groups of condominium units around "greens" within loop streets, surrounding a series of ponds. The applicant is proposing to continue this concept on 19.9 acres of property just east of Scott Boulevard, south of Village Road. The proposed plat would connect Wintergreen Drive with Village Road, beginning to integrate the Village Green development with the Village Green South development. ANALYSIS: OPDH Design: As stated in the zoning ordinance, the OPDH zone is established to permit flexibility in the use and design of structures and land in situations where a conventional development may be inappropriate, and where modifications of requirements of the underlying zoning may be contrary to the intent and purpose of the zoning ordinance, inconsistent with the Comprehensive Plan, or harmful to the neighborhoods in which they are located. In this case, the proposed OPDH design would allow attached housing units on a common lot versus single-family, detached units on individual lots. Similar to other phases of Village Green, the purpose of the OPDH zoning is to create an amenity out of a pond which collects and conveys storm water. The proposed plan has 57 condominium units clustered around a proposed pond, and 3 single- family lots fronting on Wintergreen Drive. The five proposed private streets are proposed to be 22 feet wide, which is consistent with the Comprehensive Plan policy to encourage narrower local streets to reduce the amount of paving and foster compact design in our neighborhoods. Sidewalks will be provided on both sides of the public streets, Wintergreen Drive and Village Road. In the past the City has waived sidewalk requirements for private streets that have a limited number of units. Staff has requested and the applicant has shown sidewalks on one side of the private streets Montgomery Place and Clifford Lane, each of which contains more than 10 units. With earlier parts of Village Green, fencing the ponds was required by the Planning and Zoning Commission. This fence requirement was done in response to concerns expressed by some neighborhood residents. Staff is not recommending a fence be required in this case, nor have fences been required around ponds in other parts of the City. We want to bring the fence-issue to the Commission's attention as it has been an issue with previous parts of Village Green. Compatibility with neighborhood: The OPDH plan for lots 48-51 and 55-57 is generally consistent with the existing Wellington Condominium development to the north. The plan is consistent with the Comprehensive Plan policy of providing alternatives to single-family detached housing. The applicant has provided proposed building elevations that are a slight variation from the existing Wellington Condominium units, providing some variety from other units in the area. Wintergreen Drive will become the transition area from the condominium units to the more single-family and duplex character to the south. Sensitive areas: Because this property contains hydric soils and a stream corridor, a sensitive areas site plan is 'required. The site plan requires staff approval. A stream corridor in the vicinity 3 of the proposed pond is identified on the Sensitive Areas Inventory Map. However, it appears this 'stream corridor' functioned as a drainage swale for past farm fields, and it has been developed and/or modified with previous additions of Village Green and Village Green South. There is an existing tile line and drainage easement identified on the plat which collects water from the area. The proposed pond will enhance the drainage in the area by providing an additional area for sediments to settle and water to aerate. There are hydric soils in the area of Lots 48, 49, and 57. The legal papers for this subdivision will need to reference the need for subsurface drainage systems for roads, the need for sump pumps, and specifications for the discharge of roof drains and downspouts in areas of hydric soils. Traffic implications: The density of the overall development is 3.81 units per acre, not including street right-of-way. This is consistent with the densities found in conventional single- family developments, and the traffic generated will be similar to what is found in conventional subdivisions. Traffic from the development will access Scott Boulevard via Wintergreen Drive, or Muscatine Avenue via Village Road. Open space: The open space requirements have been satisfied with previous parts of Village Green and Village Green South. No new public open space is proposed, and no fees are required. There is a 0.35 acre-parcel of open space the applicant previously dedicated (Outlot B, Village Green Part XIV) that Village Partners wishes to purchase back from the City in order to complete this development with the proposed design. A previous preliminary plat for this area showed a north-south greenway of which the 0.35 acres of open space was to be a part of. In lieu of the greenway, the applicant is proposing a pond. Since a greenway is no longer being proposed, the Parks and Recreation Commission felt the 0.35 acres of open space is not a priority for the City to invest in and maintain. The Parks and Recreation Commission has recommended the City sell the open space to Village Partners. The proceeds from the sale will be used for park improvements in the area. Staff recommends the City Council not approve the plat until the open space is conveyed to the applicant, otherwise, the City would be approving a plat which shows private development on an area of public open space. Storm water management: Stormwater management requirements are satisfied with previous parts of Village Green. The proposed pond is not part of a city-required storm water management system. However, the proposed pond will improve drainage in the area by providing an additional area for water to aerate and for sediments to settle out of the water. Utilities: A water main tap-on fee is required at a rate of $395 per acre. A sanitary sewer tap-on fee is required at a rate of $1,698.18 per acre. These fees go toward off-setting the cost to the City to provide water and sewer main extensions to the area. Sanitary sewer: The design for this development and the proposed pond require the relocation of the existing sanitary sewer from its existing configuration to the proposed Wintergreen Drive right- of-way. Due to the lack of topography and the number of units being proposed, staff recommends the sanitary sewer be upgraded to 12" for this development, as well as through portions of Village Green South to a 15" sanitary recently constructed by Dial Companies (Silvercrest development) to the south. There is a note on the plat that this 12" sewer will be constructed. Staff recommends the legal papers associated with the final plat specify that this sewer needs to be in place and on- line prior to any building permits being issued for units in Village Green XVIII-XX. 4 Wintergreen Drive: The portion of Wintergreen Drive to the south of Lot 56 is part of the proposed Village Green South Part 5 preliminary plat. Staff recommends that the final plat for Village Green Part XIX not be approved until the final plat of Village Green South Part 5 is approved, and that no building permits for Lot 56 be issued until Wintergreen Drive is constructed to provide access to Lot 56. This will help ensure that no buildable lots are approved for Lot 56 until Wintergreen Drive is platted, and no building permits are issued until it is constructed. Because Wintergreen Drive is part of a different plat associated with a different property owner, staff feels these safeguards are necessary. Proposed grading: Some of the proposed grading associated with the preliminary plat, to help form and elevate Wintergreen Drive and Montgomery Place, will affect the adjacent property, controlled by Glasgow Williams Real Estate. Because the grading affects an adjacent property owner, staff recommends the applicant reach a written agreement with the property owner to the south and west in the form of a temporary construction easement to allow the grading on their property. The agreement should be provided to the City prior to City Council approval of the preliminary plat. STAFF RECOMMENDATION: Staff recommends that REZ00-0002 & SUB00-0002, an application to rezone 19.9 acres from Low Density Single-Family Residential (RS-5) and Planned Development Housing Overlay (OPDH-5) to Planned Development Housing Overlay (OPDH-5) and a preliminary plat of Village Green Parts XVIII-XX, a 19.9-acre, 60-unit, 10 lot subdivision with 1 outlot, be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of the deficiencies and discrepancies, staff recommends that REZ00-0002 & SUB00-0002 be approved, subject to: 1. The City conveying Outlot B, Village Green Part XIV, a 0.35-acre parcel, to Village Partners. 2. City receipt of a temporary construction easement agreement from the property owner to the west and south of the proposed development to allow the off-site grading activity associated with Village Green Part XVIII-XX. DEFICIENCIES AND DISCREPANCIES: 1. The total acres in the legal description appears to be incorrect. 2. Easements for the stormwater pipes need to be shown between lots 51 & 55, 48 & 49, and 55 & 56. 3. Other items identified by Public Works staff. Public Works staff is completing their final review of the latest plat submittal. Approved by: ~ ~ Robed Miklo, Senior Planner Department of Planning and Community Development ~/ i ~P~I~~ i ~ ~'~ ~/~C.~ ,,~ -- _;,, -, ~ . ,,.,~ d WINTERGREEN ' ~ ~ ~ _ DRIVE G POND VIEW COURT ~ - GENERAL_M~LLS // ' SITE LOCATION: Village Green, Parts 18-20 SUB00-0002 Prelixninary Plat Village Green, Part~ X~/III -- XX~ Iowa City, Iowa Preliminary OPDH--5 Plan for Lots 48--51 & 55--57 {' and Sensitive Areas Site PLan ~~NGTON CONDOMINIUMS II ~~. ~~.m:~. ,,---,.~ ~-~ ..- ..... ' ~' ' r~"~.~_-L_ . ~"'~ r,, .... :-, ............ ,. - ~GAL DESCRIPTION Publish 4~24 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 2"d day of May, 2000, in the Civic Center Council Chambers, 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 Counc~il will consider: 1. An ordinance changing the zoning designation from Low Density Single-Family Residential (RS-5) and Planned Development Housing Overlay (OPDH-5) to Planned Development Housing Overlay (OPDH-5) and approving a preliminary Planned Development Housing Overlay plan for Village Green Parts 18-20, a 19.6-acre, lO-Iot, 63-unit residential development with one outlot located south of Villa ~ oad and west of Scott Boulevard. n Overlay (OPDH-5) plan, and approving a Preliminary Planned Development Housing Overlay plan for Village Green South Part 5, a resubdivision of a portion of Village Green South Part 3A, a 12- lot, 3.33-acre residential development located at Wintergreen Drive west of Scott Boulevard. 3. An ordinance vacating the northermost portion of North Jamie Lane located west of Scott Boulevard, 4. An ordinance amending Zoning Chapter 14-6D-5G1 regarding the nonconforming provisions in the Neighborhood Conservation Residential Zone (RNC-12). Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa, Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K, KARR, CITY CLERK Ordinance No. Page 2 50.00 FOOT RADIUS CURVE, CONCAVE, NORTHEASTERLY, WHOSE 70.72 FOOT CHORD BEARS S00°41'07"W; THENCE SOUTHEASTERLY 64.14 FEET, ALONG THE NORTH LINE OF LOT 10, VILLAGE GREEN SOUTH --PART 3A, AND A 402.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 64.08 FOOT CHORD BEARS S39°45'17"E; THENCE S54°48'19"W, ALONG THE EAST LINE OF SAID LOT 10, A DISTANCE OF 119.32 FEET; THENCE S47°58'19"E, ALONG THE SOUTH LINE OF LOT 11, A DISTANCE OF 84.35 FEET; THENCE S14°42'07"W. ALONG THE WEST LINE OF LOT 12, A DISTANCE OF 84.96 FEET; THENCE NORTHWESTERLY 14.76 FEET, ALONG THE NORTHERLY RIGHT OF WAY LINE OF WINTERGREEN DRIVE AND A 471.66 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 14.75 FOOT CHORD BEARS N74°24'07"W; THENCE S16°29'39"W, ALONG THE WEST LINE OF LOT 13, VILLAGE GREEN SOUTH - PART 3A, A DISTANCE OF 195.90 FEET. TO THE POINT OF BEGINNING SAID TRACT OF LAND CONTAINS 3.33 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. VARIATIONS. To allow Nodh Jamie Lane to a be a cul-de-sac, the Planning and Zoning Commission recommended approval of a 12-lot single-family development in accordance with the OPDH Plan. SECTION III. 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 II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or pad of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or pad thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-5) PLAN AND APPROVING A PRELIMINARY PLAN DEVELOPMENT HOUSING OVERLAY PLAN FOR VILLAGE GREEN SOUTH PART 5, A RESUBDIVISION OF A PORTION OF VILLAGE GREEN SOUTH PART 3A, A 12-LOT, 3.33-ACRE RESIDENTIAL DEVELOPMENT LOCATED AT WINTERGREEN DRIVE WEST OF SCOTT BOULEVARD. WHEREAS, the applicant Glasgow Willlares Real Estate has requested the City amend the Planned Development Housing Overlay (OPDH-5) Plan approved for Village Green South Part 3A to recon~gure North Jamie Lane as a cul-de-sac instead of a through-street, and to replat the lots accordingly; and WHEREAS, Village Green South Part 5 will include twelve single-family lots on 3.33 acres; and WHEREAS, the revised OPDH Plan will require the vacation and disposition of the northernmost portion of North Jamie Lane to allow it to become a cul-de-sac; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and OPDH Plan and it has recommended approval of the same subject to City approval of the vacation and disposition of the north portion of North Jamie Lane. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to City approval of the vacation and disposition of the north portion of North Jamie Lane, the property described below is hereby redesignated as Planned Development Housing Overlay (OPDH-5), to allow a 12-lot, 3.33-acre, single-family residential development: BEGINNING AT THE SOUTHWEST CORNER OF VILLAGE GREEN SOUTH - PART 3A, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 34, AT PAGE 38, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE THENCE N63°08'40"E, ALONG THE NORTH LINE OF VILLAGE GREEN SOUTH - PART 4B, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 34, AT PAGE 41, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, 271.56 FEET; THENCE N89°22'12"W, ALONG SAID NORTH LINE, 278.97 FEET; THENCE N10°4'57"E, 128.24 FEET; THENCE SOUTHEASTERLY. 80.32 FEET, ALONG A 495.47 FOOT RADIUS CURVE. CONCAVE, NORTHWESTERLY, WHOSE 80.24 FOOT CHORD BEARS S84°33'43"E; THENCE S89°12'22"E, 111.29 FEET; THENCE SOUTHEASTERLY 227.43 FEET, ALONG A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 225.48 FOOT CHORD BEARS, S76°10'31"E; THENCE N26*51'10"E, 163.52 FEET, TO A POINT ON THE WEST LINE OF VILLAGE GREEN SOUTH ~ PART 3A; THENCE N03°06'31"E, 138.25 FEET; THENCE N34°38'32"E, 121.53 FEET; THENCE N45°41'07"E, 72.50 FEET, TO THE NORTHWEST CORNER OF LOT 8 VILLAGE GREEN SOUTH - PART 3A; THENCE S44'18'53"E, ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 111.37 FEET; THENCE S45°41'07"W, ALONG THE EAST LINE OF SAID LOT 8, A DISTANCE OF 109.01 FEET; THENCE SOUTHWESTERLY, 78.55 FEET, ALONG A City of Iowa City MEMORANDUM Date: April 6, 2000 To: Planning and Zoning Commission From: Melody Rockwell, Associate Planner Re: SUB00-0001, REZ00-0009, VAC00-0003. Village Green South Part 5 Staff has received notice from AT&T Cable and Hid-American Energy representatives stating that they will work out relocation of easements for their utilities in conjunction with the vacation of a portion of North 3amie Lane. This resolves the situation satisfactorily, and the Village Green South Part 5 subdivision, rezoning and vacation items are now ready for the Commission's consideration. Staff therefore recommends approval of SUB00-0001, a preliminary plat of Village Green South Part 5, a Resubdivision of a Portion of Village Green South - Part 3A, a 3.33 acre, 12-lot residential subdivision, and n REZ00-0009, a preliminary Planned Development Housing Overlay (OPDH) plan for Village Green South Part 5, an amendment of the OPDH plan for a portion of Village Green South - Part 3A --subject to City approval of the vacation and disposition of the northwest portion of North 3amie Lane concurrent with or prior to Council consideration of the preliminary plat and preliminary OPDH plan. Staff recommends approval of n VAC00-0003, a vacation of the northwest portion of the North 3amie Lane right-of- way and release of the associated utility and sanitary sewer easement and the tile line, utility, storm sewer and drainage easements, as requested, subject to the disposition and conveyance of the right-of-way being approved concurrent with approval of the vacation. STAFF REPORT To: Planning and Zoning Commission Prepared by: Melody Rockwell Item: SUBO0-O001. Village Green South, Part 5, Date: March 16, 2000 Preliminary Plat, including a Resubdivision of a Portion of Village Green South - Part 3A, and Preliminary OPDH Plan, including an Amended OPDH Plan for Village Green South - Part 3A GENERAL INFORMATION: Applicant &property owner: Glasgow Williams Real Estate 118 S. Dubuque Street Iowa City, IA 52240 Phone: 351-8282 Requested action: Approval of a preliminary plat and preliminary OPDH plan Purpose: To allow development of 12 single- family residential lots Location: Along Wintergreen Drive, South Jamie Lane, North Jamie Lane and what is currently Jennifer Jane Court, west of Scott Boulevard Property size: 3.62 acres Existing land use and zoning: Vacant; PDH-5 Surrounding land use and zoning: North: Residential, vacant; PDH-5 East: Manufactured Housing Park; County RMH South: Residential; PDH-5 West: Vacant, Residential; PDH-5, RS-5 Comprehensive Plan: Low Density Residential, 2-8 dwelling units per acre Applicable Code requirements: Zoning Chapter, OPDH Regulations; Subdivision Regulations File date: January 13, 2000 45-day limitation period: February 28, 2000; waived to March 16, 2000 2 SPECIAL INFORMATION: Public utilities: Water and sewer service lanes are available to this tract of land. Public services: Municipal police, fire and sanitation services will be provided. Transportation: Access to the development is via Scott Boulevard and streets already constructed within the subdivision: Wintergreen Drive, South Jamie Lane, North Jamie Lane and Jennifer Jane Court. Transit service is available via the Towncrest route. Physical characteristics: The terrain slopes gently downward from the northeast to the southwest. There is a high water table and hydric soils are present in this area. A letter from the U.S. Army Corps of Engineers indicates no jurisdictional wetlands exist on the site. BACKGROUND INFORMATION: The applicant, Glasgow Williams Real Estate, requests consideration of a preliminary plat and preliminary Planned Development Housing Overlay (OPDH) plan for 12 single-family residential lots aligned along Wintergreen Drive, North Jamie Lane and Jennifer Jane Court. The 3.33 acre tract located west of Scott Boulevard is in part a resubdivision of a plat and planned development for a portion of Village Green South - Part 3A, which was approved in1993. In effect, the proposed preliminary plat is a reconfiguration of lots to end North Jamie Lane at Jennifer Jane Court, instead of having it loop back to Wintergreen Drive as originally designed. (See Attachment 3: Village Green South Parts 3 - 8). As proposed, Jennifer Jane Court would be renamed North Jamie Lane and become the cul-de-sac "bulb" of that street. The portion of North Jamie Lane that is proposed to be removed and incorporated as part of Lot 2 must be vacated by the City prior to the approval of the preliminary plat/OPDH plan. ANALYSIS: Comprehensive Plan. At a density of 3.6 dwelling units per acre, the proposed plat is in compliance with the Comprehensive Plan designation for low-density residential development. The Comprehensive Plan also calls for street connections (a modified grid pattern where possible), and the proposed plat contradicts that policy by ending North Jamie Lane at the Jennifer Jane loop-street. The 1993 plat extension of North Jamie Lane to connect again with Wintergreen Drive is more consistent with the policy. However, losing this opportunity for connectivity is offset by the relatively low-density (13 residences) on a short "cul-de-sac" street (approximately 400 feet from Lot 1 to Wintergreen Drive). Planned Development Housing Overlay. The preliminary plan is an amendment of the OPDH plan approved for Village Green South - Part 3A. The main changes proposed to the plan include removing the north 90 - 1 O0 feet of the North Jamie Lane street paving, adding a single-family residential lot in place of the street and creating a looped cul~de-sac street in which Jennifer Jane Court is renamed and becomes an extension of North Jamie Lane. The changes maintain a low density, single-family subdivision as shown on the original plans, except there is one additional lot and a looped cul-de-sac street, instead of a through street shown on the proposed plan. If the property had not been part of the larger Planned Development Housing Overlay rezoning and approved final plat/development plan for Village Green South in 1992 and 1993, it would not require a rezoning. This is a standard subdivision design with lots exceeding the minimum 8,000 square feet in area. The waivers concerning densities for zero lot-line housing involved lots further to the south and west in the Village Green South development. Staff views the proposed changes as minor amendments to the overall plan. Subdivision Regulations. The proposed preliminary plat appears to be in general conformance with the City's subdivision regulations. Public Works has reviewed the plat. No outstanding deficiencies or discrepancies remain to be resolved. The portion of North Jamie Lane that is to be removed as part of the development of this subdivision should be vacated by the City and purchased by the applicant prior to approval of the preliminary plat/OPDH plan. In addition, the applicant should notify persons who have already constructed residences and established addresses on Jennifer Jane Court and be responsible for any costs associated with that change. Stormwater management and neighborhood open space for this area was provided through the previous platting for the larger 55-acre tract of Village Green South -o Parts 3-8. A 12.18-acre parkway containing stormwater detention basins was provided for in that platting in the southeast portion of Village Green South. This development occurred prior to the adoption of the Neighborhood Open Space (NOS) ordinance, but the open space provided for the development exceeds the 1.25-acre requirement that would be required now under the NOS regulations for a 55 acre, RS-5 density development. High Water Table. The high water table in this area may require extensive tiling of the subdivision. If basements are to be developed in this area, the conditions contained in the Conditional Zoning Agreement that accompanied the rezoning of this property in 1992 would still apply, e.g. no discharge of roof drains and downspouts of dwellings into the property's subsurface drainage system and proper installation and connection of foundation tile and sump pumps to the subsurface drainage system. STAFF RECOMMENDATION: Staff recommends that SUBO0-O001, a preliminary plat of Village Green South Part 5, a Resubdivision of a Portion of Village Green South - Part 3A, a 3.33 acre, 12-lot residential subdivision, and a preliminary Planned Development Housing Overlay (OPDH) plan for Village Green South Part 5, an amendment of the OPDH plan for a portion of Village Green South - Part 3A be approved, subject to City approval of the vacation and disposition of the north portion of North Jamie Lane prior to Council consideration of the preliminary plat and preliminary OPDH plan. 4 ATTACHMENTS: 1. Location Map 2. Proposed Preliminary Plat/OPDH Plan 3. 1993 Approved Plat/Plan Approved by: ../~l~,/"/-d-/~--" Robert Miklo, Senior Planner Department of Planning and Community Development VGS-5preplat.doc CITY Ot: IO~:A CITY ~cC~~ ~ RM ~ ~ ~ I ~ ~ ~ 20 ~ ~'~"~ - ~5 ~.~ I ' ~ ~ '~~ PD~ ! P RS 5 ~*~*** I P ~c~ ~EAOOWS BLVD, GENERAL ~{LLS --, //, , SITE LOCATION: Village Green South, Pa~ 5 SUB00-0001 Preliminary Plat, Amended OPDH Plan & Sensitive Areas Site Plan Village Green South - Part 5 A Resub4:fivision of o Portion of Villoge Green South-Port ond on Amended OPDH Plon for Villoge Green South-Port Iowa City, Iowa Pt, i? PIllRIm BY: OlN~R/SUBN~DER OlNER~ AT~ORNE~f MIlS CONSULTAIfi~ INC. Gt,iSGO!-tltlikllS JO~X ~ CRUB~ I~17 ~tr~ GILBERT s'r, RL~ IgS?AfS i~O S. IOWA CITY, IOWA, ~40 ll8 S I)UBUQUli IOWA CITY, IOWA IOWA CITY, IOWA ~4Q ~ - __ CIty o CIty --'i-' .... "' = ~ ~" 6/+ ! , · ~,'~- / RECEIVED MAR 2 5 1993 p.P.D. DEPARTMENT - ~ I~CATION MAP NOT ~ SCA~ ............... ..... . CIly of ~we ~ty ~ , ~ 't [~liminary P~t a OPDII Plnn Publish 4/24 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 2"" day of May, 2000, in the Civic Center Council Chambers, 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 Low Density Single-Family Residential (RS-5) and Planned Development Housing Overlay (OPDH-5) to Planned Development Housing Overlay (OPDH-5} and approving a preliminary Planned Development Housing Overlay plan for Village Green Parts 18-20, a 19.6-acre, 1 O-lot, 63-unit residential development with one outlot located south of Village Road and west of Scott Boulevard. 2. An ordinance amending the Planned Development Housing Overlay (OPDH-5) plan, and approving a Preliminary Planned Development Housing Overlay plan for Village Green South Part 5, a resubdivision of a portion of Village Green South Part 3A, a 12- lot, 3.33-acre residential development located ~ ,~ of Noah Jamie Lane located west of Scott Boulevard. 4. ~ ordinance amending Zoning Chapter 14-6D-5G1 regarding the nonconforming provisions in the Neighborhood Consedation Residential Zone (RNC-12). Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CI~ CLERK Prepared by: John Yapp. PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE VACATING THE NORTHERNMOST PORTION OF NORTH JAMIE LANE LOCATED WEST OF SCOTT BOULEVARD. WHEREAS, a revised Planned Development Housing Overlay Plan for Village Green South Part 5 has been filed, which changes the configuration of North Jamie Lane from a through-street to a cul-de-sac; and WHEREAS, the northern 4,229 square feet of the North Jamie Lane right-of-way is no longer needed, and is proposed to be development lots; and WHEREAS, the utilities within the right-of-way will be relocated, and easements in the right-of- way no longer necessary will be released; and WHEREAS, approval of the vacation and disposition of the northernmost portion of North Jamie Lane will occur concurrent with or pdor to Council approval of the preliminary plat and preliminary OPDH plan for Village Green South Part 5. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. Subject to the disposition and conveyance of the right-of-way being approved concurrent with approval of the vacation, the City of Iowa City hereby vacates the right- of-way, legally described as follows: BEGINNING AT THE NORTHWEST CORNER OF LOT 9, VILLAGE GREEN SOUTH, PART 3A, 10WA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 34, AT PAGE 38, OF THE REC. ORDS OF THE JOHNSON COUNTY RECORDER S OFFICE; THENCE N29°19' 15"E, ALONG THE WEST LINE OF SAID VILLAGE GREEN SOUTH, PART 3A, 50.00 FEET; THENCE SOUTHEASTERLY 66.24 FEET, ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF NORTH JAMIE LANE AND A 452.93 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 66.19 FOOT CHORD BEARS S56°29'21"E; THENCE NORTHEASTERLY 21.47 FEET, ALONG SAID RIGHT OF WAY LINE AND A 15.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WHOSE 19.68 FOOT CHOR0 BEARS N86°41' 36" E; THENCE S45°41 '07"W, 10.46 FEET; THENCE SOUTHWESTERLY, 78.54 FEET, ALONG A 50.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 70.71 FOOT CHORD BEARS S00°41'07"W, TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID NORTH JAMIE LANE; THENCE NORTHWESTERLY 115.08 FEET, ALONG SAID RIGHT OF WAY LINE AND A 402.93 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 114.69 FOOT CHORD BEARS N52°29'49"W, TO SAID POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 4,229 SQUARE FEET, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK Ap b rne ppdadrn/ordflarnie.doc STAFF REPORT To: Planning and Zoning Commission Prepared by: Melody Rockwell Item: VAC00-0003. North Jamie Lane Date: April 6, 2000 GENERAL INFORMATION: Applicant &property owner: Glasgow Williams Real Estate 118 S. Dubuque Street Iowa City, IA 52240 Phone: 351-6788 Contact person: Paul Andersen MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Requested action: Approval of the vacation of a portion of a city street, North Jamie Lane, and the release of associated sanitary sewer, utility, tile line, storm sewer and drainage easements Purpose: To allow a portion of North Jamie Lane to be removed and an additional lot to be platted as part of the Village Green South - Part 5 Subdivision, and to release associated easements that are no longer required as part of the subdivision Location: Northwest terminus of North Jamie Lane, located between Lots 8 & 9, Village Green South - Part 3A Size: 4,229 square feet - North Jamie Lane 50-foot wide right-of-way; 1,296 square feet - 15-foot wide sanitary sewer and utility easement on south side of North Jamie Lane; 8,384 square feet - 15-foot wide tile line, utility & storm sewer and drainage easements on the north side of North Jamie Lane, along the west boundary of Lots 7 & 8 and the north boundary of Lots 6 & 7 of Village Green South - Part 3A to the Scott Boulevard right-of-way Existing land use and zoning: Paved street and vacant land containing associated easements; PDH-5 Surrounding land use and zoning: North: Residential, vacant; PDH-5 East: Residential; PDH-5, County RMH South: Residential; PDH-5 West: Vacant, Residential; PDH-5, RS- 5 Comprehensive Plan: Low density residential; 2 - 8 dwelling units per acre File date: March 24, 2000 BACKGROUND INFORMATION: The applicant, Glasgow Williams Real Estate, has applied for the vacation of a 4,229 square foot portion of North Jamie Lane, and the release of a 1,296 square foot sanitary sewer and utility easement on the south side of the portion of North Jamie Lane that is requested for vacation and 8,384 square feet of tile line, utility & storm sewer and drainage easement on the north side of the portion of North Jamie Lane that is requested for vacation, the west side of Lots 7 & 8 and the north side of Lots 6 & 7 of Village Green South - Part 3A to the Scott Boulevard right-of-way. The preliminary plat for Village Green South - Part 5, a Resubdivision of a Portion of Village Green South - Part 3A shows the northwest part of North Jamie Lane being removed and parts of two single-family residential lots being created in its place. To do this, the portion of the street that will be removed must be vacated and its associated right-of-way and easements must be released. This should be done concurrent with or prior to plat approval for Village Green South - Part 5. ANALYSIS: The criteria to be addressed when vacating a street right-of-way and releasing utility easements include assuring that such action will not result in detrimental vehicular or pedestrian circulation, will not interfere with the private property access or inhibit access for emergency or utility service vehicles. The proposed vacation will allow North Jamie Lane to become a cul-de-sac street instead of a loop street. The proposed cul-de-sac design assures that the criteria for granting the requested street vacation and release of easements are met. Staff has notified the utility companies of the proposed vacation. Any existing utility easements within the right-of-way proposed for vacation may need to be relocated to create buildable lots where North Jamie Lane is proposed to be removed. STAFF RECOMMENDATION: Staff recommends that the City vacate the northwest portion of the North Jamie Lane right-of-way and release the associated utility and sanitary sewer easement and the tile line, utility, storm sewer and drainage easements, as requested, subject to the disposition and conveyance of the right-of-way being approved concurrent with approval of the vacation. 3 ATTACHMENTS: 1. Location Map 2. Right-of-Way Vacation Plat, Village Green South - Part 3A 3. Easement Release Plat, Village Green South - Part 3A Approved by: ~////~ Robert Miklo, Senior Planner Department of Planning and Community Development ppdadmin~stfrpt\vac0003.doc CIT~ OF I0~ CITY R J~, ~ "~ BTa].n ~ e""\\ '~X- WentF'w~rth ~ ~~~ ,r ~x Place cn ~ ~ '~'_T,~ ~ Oxford .... ~ ~ ~ Place Co : ]pton O I_ : dENNIFER ~ STER[ING DR VE J JEAN CT "' ~ D~ i z WlNTERGF ~: POND __ _ DRIVE VIEW COURT I SITE LOCATION: North Jamie Lane VAC00-0003 Preliminary Plat, Amended OPDH Plan & Sensitive Areas Site Plan Village Green South - Part 5 A ResulxlMs;on of o Porl;on of V~lloge Gre~ South-Port ond on ,~nended OPDH Plon f~' V;llo~e G~ South-Port Iowa City, iowa IOWA CITY, JOV~. ~40 lib S DI/gUI~J"~ JQIrA CITY. IOIA IOIA C~I'Y. I01IA ~4~ _---;'-i~_~_'='~-~'_.7- -~.~s~.~r~.~-,~,, =-- ------ :- ,~-.~_,-. ':==_'~,,- x,,, / I \ / / PREPARED BY: MMS CONSULTANTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 LEGEND AND NOTES "~ I hereby certify that thle land sorve)in9 document was prepared and ~ - CONGRESSIONAL CORN[R, FOUND - OON~S~ONAL CORNER, REESTABUSHED the related surwy work was pertarmed by me or under my dV~t - 00NG~RE;SS~ON~J_ CORNER, RECORDED LOCA110N personal $upervtsioe and that I am o duly licensed Land Surveyor · - PROPERTY CORNER(S), F(XJNO (as noted) under the lows of the State of Iowa. 0 - PROPERTY CORNERS (5//8' Iron Pin w/~low, plolUc LS Cop erabored with "MMS" - PROPERTY a~/~r 8(3UNO/dtY UNES 20__. - CONGRESraONAL e~CTION UNES GLEN D. MEISNER. P.E. i L.S.iowa Lic. No. 8165 IIJGHT-~-WAY LINES I:I~NTER UNES - LOT UNITS, IN~RN/d. My I~ceflse renewal dote is December 31.19 __. - LOf UNES, PLATTED ON 8Y DEED EASEMENT LINES, ~qDTH & PURPOSE NOTED .......... EXJSTmlG E.&_SEMENT UNIFS. PURPOS~ NOTED Pages or sheets covered by this seal: - MEASURED DIMENSIONS C22-1 - GJRV[ ~GMENT NUMBER UNLESS NOIED 01HERI$~, N.L (JMEJFJ(3N$ ARE 14 F~ET ANO HUNDREDIHS ERROR OF CLOSURE IS LESS 1HAN 1 FOOT IN 20,000 FEET LEGAL DESCRIPTION BECINNINC AT THE NGRTH(ST CORNER OF LOT 9, VILLAGE GREEN SOUTH, PANT 3A, IOWA C3rf. j(JtqSON COUNTf, IOWA IN ACCGROARCE ' WITH THE PLAT RECORDED IN PLAT BOOK 34, AT PAGE 38, OF THE RECORDS OF THE JOHNSON COUNTY RECOROER'S OFFICE; THENCE 7 N2919'15'E, ALONG 1HE JEST UNE OF SAID VILLAGE GREEN SOUTH. n-. 08~2'48' / PANT 3& 50.OO FEET; THENE SOUTHEASERLY 66.24 FEET. ALONG R- 452.93' THE NORIHi[SERLY RIGHT OF WAY LINE OF NORTH JAMIE LANE AND A L-66.24' / 452.93 FOOT RADIUS CURVE. CONCAVE SOUTHJESTERLY, ~OS[ 66.19 CH-66.19' FOOT CHORD BEARS S56'29'21'E; THENCE NGRTHEASERLY 21.47 S56'29'21"E A, 1~'00'55' FEET, ALONC SAID RIGHT OF WAY UNE AND A 15.OO FOOT RADIUS / = .', CURVE CONCAVE NGRTH~STERLY, Vii-lOSE 19.68 FOOT GHGRD BEARS ~'"f3'~74' 8 Nee'41'3e"E; THENCE 545'41'07"W. 10.46 FEET; THENCE '/ ~H8Z.1~;~rS:E ,~, ' SOUTH~SIERLY, 78.54 FEET. ALONG A 50, OO FOOT RADtUS CUR(. CONCAVE NORTHEASTERLY, WHOSE 70.71 FOOT CHORD BEARS ~ ' / ~ / 500'41'07"W. TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID NORTH JAMIE LANE; THENCE NGRTHt[STERLY 115.08 , ' / ,~ FET. ALONG SAID RIGHT OF WAY LINE AND A 402.93 FOOT RADIUS , CURVE. CONCAVE SOUIH~SIERLY, WHOSE 114.69 FOOT CHORD BEARS / '0o. / N52'29'49'W, TO SAID POINT OF BEDINNING. SAID TRACT OF LARD CONTAINS 4.229 SQUARE FEET. AND IS SUBjECT TO EASEMENTS AND RESTRIC11ONS OF RECORD. RIGHT OF 0.46' / POINT 0 .- 5o.0o' / BEGINNING , T-50.00' ~/'A~. !~ '~OCj/ ' L-115.08' CH-114.69' ', ~ \ GRAPBIC SCALE IN FEET SURVEY REQUESTED BY: ~ ~ < r=40' JIM GLASGOW I I ~ _ o.-- 7'~ '~i ~ o R.O.W. VACATION PLAT IV[MS CONSULTANTS, INC. S PER CITY ENGR DEFT ~_ i: ~00~ ~; ~- .oz' I~ Project Title: M IowO City, Iowa (319) 351-R282 VILLAGE GREEN SOUTH PART 3A o**,a,.. b~ I ~a~ '~ ''~ 0~/%,~ TO IOWA CITY, IOWA PVA dam GDM 58850018,dwg 5-21-00 4:25:02 pm EST rLEGEND AND NOTES POINT OF BEGINNINGx'',, · - mqqmqmTY ce~i3Ks), rOUND (mrmtmd) NBg'SY53'E 316.79' I ...... mm~HT-O~-tm~T UNES S89'SY53"W301.54' - ~,T urn6. mmm & ~ ,o~o · d RELEASED 15.oo' ~ ........ :£,s~s,so~tu, r~t ,m.o~,o~ ~ 6 15.00' TILE LINE - ,.E~umEo __ EASEMENT ,,t ERROR O~ CI.OSUR[ IS LESS THAN I FOOT IN 20,000 FEET ?* ~ hereby certify thor ~ lord Im~ve)inf dm~ument wos I~ed end _ - ~ ul / RELEASED __ th~ mows d ),Smote o~ ~ ~ < 15.00' STORM SEWER & Z ~0 EASEMENT );: / Po~m~ ~ shNtm c~v~md by thim NOI__: I~ Re 452.93' T-4.31' \ U) L-66.24' CH-6. SY n' I NIN 11 " ;(" \/ s45 w SANITARY SEWER AND UTILITY EASEMENT RELEASE rn BECINNINC AT THE NORTHWEST CORNER OF LOT 9, V1LLAC[ CREEN SOUTH, ._1 ' PART 3A. IOWA C3TY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE EASEMENT ;, - ,3 / PLAT RECORDED IN PLAT BOOK 34, AT PACE 38, OF THE RECORDS OF THE Am 10'4T31' /2 JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOUTHEASTERLY 75.90 FEET, ALONC THE SOUTHWESTERLY RICHT OF WAY LiNE OF NORTH JAMIE Cfi R- 402.93' ~ / / / /0 LANE AND A 402.93 FOOT RADIUS CURVE, CONCAVE SOUIHWESTERLY, WHOSE rk '1< Foot CHO.D 8EARS THENCE sOUTH As REY 4,.9 g POINT OF CH-)'5.78' , FEET, ALOIIG A 65.00' FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, ~ BEG N C S55'17'OO'E'~ WHOSE 41.26 FOOT CHORD BEARS S25'47'39'E; THENCE NORTHWESTERLY _/~// R~ '~=' ' · ~ ~ 110.80 FEET, ALONG A 387.98 FOOT RADIUS CURVE CONCAVE U'I SOUTHWESTERLY WHOSE 110.42 FOOT CHORD BEARS N52'29'42'W, TO A,--1 I-- ~ 08'25'58' 136'53" POINT ON THE WESTERLY LINE OF SAID LOT 9; THENCE N29'1g'lS'E, ALONC[,T.1 Z 452 9Y R= 65. OO' 'q[ N29'lD'lS'E,____._.~-/, L-6 " / SAiD LINE, 15.01 FEET, TO THE POINT OF BEGiNNINC. SAID TRACT OF 4.67' ._1 15.01' T=33.3 ' / T-2.34' 3 ~ RESTRICTIONS OF RECORD. - · U1 TILE LINE, UTILITY &STORM SEWER AND [_T...1 Z RELEASED l'w DRAINAGF EASEMENT RELEASE .~ i F,-,,1 C o "L- " BED.N,,ND AT THE ,OR,,EAS, COR,ER 0F ,LA,E DREEN SOUTH. PART (J 5A, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT ~ UTILITY 21'' RECORDEO IN BOOK 34, AT PACE ,58, OF THE RECORDS OF THE JOHNSON ~ EASEMENT · 'E , 301.54 FEET; THENCE SOO*06'07'E, 58.04 FEET; THENCE S29'39'50'W, ~ ;E OF SAID VlLLACE CREEN SOUTH, 15.00 FEET; THENCE S89'53'53"W, :~: 119.82 FEET; THENCE SOUIHEASTERLY 66.24 FEET, ALONC A 452.93 FOOT rrt RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 66.19 FOOT CHORD BEARSDote: C) ~= 16'21'44' S56'29'21"E; THENCE NORTHEASTERLY 7.11 FEET, ALONC A 5.00 FOOT3--21--00 (y !~ N86*29'49~E; THENCE S45'41'07'W, 10.46 FEET; THENCE SOUTHWESTERLYField ~ook No: <E 9 = ',' l~b~. 4.67 FEET, ALONC A 65.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 4.67 FOOT CHORD BEARS SiY.17'i1'W TO Ar. b.I 2' ' \ , , T N52*29'42'W L_~ O 4 I 20 30 /4 POINT ON THE NORTHEASERLY R)CHT OF WAY LINE OF NORTH JAMI~ LANE'"= O' n - ~ \ ~ GRAPHIC SCAL~ IN ~ AN0 A 482.B~ FDDT RA0;US CDRVE, CDNCA~ BOUTHWEBTER~Y, WHOSE 1%40' 66.56 FOOT CHORD BEARS N56'45'28'W: THENCE N29'39'50'E, 130.45 FEET; THENCE NOO'O6'OT"W, 69.06 FEET; THENCE N89'53'53'F, 316 79Sheets ~ ESTED BY: FEET TO SAID POINT OF DECiNNING. SAIO TRACT OF LAND CONTAINSProject Number: 8 384 SOUARE FEET AND IS SUBjEC TO EASEMENTS AND RESTRICTION01 OF RECORD. 5883001h.dwg 5-22-00 11:24:47 om EST NOTICE OF PUBLIC HEARING Hoecelsherebygivenemtapublic Coundl of ~ Ci~. IoWa, at 7.'00 p.m. oathe4 day ofApdl, 20(X),ln 410 E. WashinOto~ Sheet, High Density Mu~t-Famly Reddentlal (PRM) to Sendfive' Areas Oreday (OSA-PRM) for .48 acres located at Ihe norllNmst Avenue from McLean Sheet south for a distance of 240 feet. c. An ordinance amending Title 14, Chapter 6, Zoning, to allow masorlP/wall signs In Ihe General Industrial (I-1), Heavy Industrial (I-2), Office Research Park (ORP) and Research Development Park (RDP) d. An ordinance arnend[ng Title 14, Chapter 6, Zoning, to allow overnight boarding of animals wtlhln small animal clinics in the Comrnerdal Office (CO-1) Zone. Copies of lhe proposed ordinances are on file for public exarninatl0n in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Coundl consideration am encouraged to appear at the above- mentioned tim and place. MARlAN K. KARR. CITY CLERK ppdadmln~notlces~coundl4-4 .doc NOTICE OF PUBLIC HEARING ON INTENT TO PROCEED WITH A PUBLIC IMPROVEMENT PROJECT, AND TO ACQUIRE PROPERTY RIGHTS FOR THE CAPTAIN IRISH PARKWAY EXTENSION, FIRST AVENUE EXTENSION- WATERMAIN INSTALLATION, AND FIRST AVENUE EXTENSION-GRADING PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS IN 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 its intent to proceed with a public improvement project and to acquire property rights for the Captain Irish Parkway Extension, First Avenue Extension- Watermain Installation, and First Avenue Extension-Grading Project in said City at 7:00 p.m. on the 2nd day of May, 2000, said meeting to be held in the Council Chambers in the Civic Center in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Documentation of the proposed location of said improvements is now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said intent to proceed with and to acquire property rights for said public improvement project. This notice is given by order of the City Council of the City of Iowa City, Iowa, and as provided by law. MARlAN K. KARR, CITY CLERK pweng~nphlsta.doc 9/99 NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE CAPTAIN IRISH PARKWAY EXTENSION, FIRST AVENUE EXTENSION - WATERMAIN INSTALLATION, AND FIRST AVENUE EXTENSION - GRADING PROJECT TO: Hazel Graham, 4679 Herbert Hoover Hwy SE, Iowa City, IA 52240; Oscar W. Smith, 3106 Rochester Ave., Iowa City, IA 52245; Ralph J. Krall, c/o Sharon Hunter, 4788 340th St. NE, Iowa City, IA 52240; Gary R. & Susann K. Hamdoff, 2545 Bluffwood Dr., Iowa City, IA 52245; American College Testing Program, PC Box 168, Iowa City, IA 52244; Nadine T. Larson, 2201 Dubuque Rd., Iowa City, IA 52240; Nadine T. Larson, Charles Jeffrey Larson, Lori Faith Larson, et al, 2201 Dubuque Rd., Iowa City, IA 52240 Under the provisions of House File 476, enacted by the General Assembly and signed by the Governor during the 1999 Legislative Session, a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all property owners whose properties may be affected. (See new Sections 6B.2A and 6B.2B of the Iowa Code) 1. DESCRIPTION OF THE PROJECT; INTENDED USE OF PRIVATE PROPERTY WHICH MAY BE ACQUIRED. NOTICE IS HEREBY GIVEN to the above- identified property owners that the City Council of the City of Iowa City will consider authorizing the commencement of a project which includes grading, paving, sidewalks, storms sewer watermains and related construction which project is to be known as the Captain Irish Parkway Extension, First Avenue Extension - Watermain Installation, and First Avenue Extension - Grading Project. Property rights acquired for the project will be used for: · Grading and pavement of arterial roadway extension · Grading of future arterial roadway extension · Construction and installation of watermain, storm sewer, and sidewalks · Temporary storage of construction materials and equipment · Staging of construction activities 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CON DEM NATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of Johnson County property records, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above- described public improvement is shown on the documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to proceed with the above-described project and to acquire property rights, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the project, and regarding the proposed acquisition of property rights for the project. The public hearing will be held on the 2nd day of May, 2000 in the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to proceed with the above-described project and commence the acquisition of property rights for the project, the City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution of the City's intent to proceed with the above- described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. STATUS OF PROJECT PLANNING. The above-described project was identified for construction as part of the Capital Improvement Program approved by the City Council on March 7, 2000 pursuant to Resolution No. 00-84. The project is currently scheduled for construction in the 2000 construction season. 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-described project or to acquire properly rights for the project. This Notice does not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 6B.45, 6B54) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. (Iowa Code §6B.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §6B.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §6B.3(1 )) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 6B.4A) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the properly. (Iowa Code §§ 6B.25 and 6B.54(11 )) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 6B.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (2) if the award on appeal in court is more than the compensation commissioner's award. (Iowa Code §6B.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) I. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code §316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. s/Marian K. Karr, City Clerk City of Iowa City MEMORANDUM Date: May 1, 2000 To: City Council V From: Eleanor M. Dilkes Re: First Avenue Extension Here, very briefly, are the possible scenarios on Tuesday night, May 2, 2000: I. If the petition is certified as sufficient by the City Clerk (i.e. has at least 2,500 signatures of registered voters): A. You may not move forward on the First Avenue Extension grading project. You may proceed with the Captain Irish Parkway and the First Avenue Extension Water Main Installation Project. (Item 6 on the Agenda will be amended to delete the grading project.) B. You must, within 60 days of the certification, either adopt the proposed measure (delete the First Avenue Extension from the CIP) or put the measure on the ballot (November at the latest or an earlier special election). This discussion/action would be scheduled for a later date. II. If the petition is certified as insufficient or the Clerk has not yet issued a certification (the Clerk has up to 15 days to certify an amended position): You may proceed without regard to the initiative, i.e. this will be a political decision, not a legally-compelled one. Cc: Steve Arkins Dale Helling Marian Karr Rick Fosse Chuck Schmadeke Sarah Holecek EleanorVnem\l stavepe.doc NOTICE OF PUBLIC HEARING ON INTENT TO PROCEED WITH A PUBLIC IMPROVEMENT PROJECT, AND TO ACQUIRE PROPERTY RIGHTS FOR THE FIRST AVENUE WATERMAIN PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS IN 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 its intent to proceed with a public improvement project and to acquire property rights for the First Avenue Watermain Project in said City at 7:00 p.m. on the 2"d day of May, 2000, said meeting to be held in the Council Chambers in the Civic Center in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Documentation of the proposed location of said improvements is now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said intent to proceed with and to acquire property rights for said public improvement project. This notice is given by order of the City Council of the City of Iowa City, Iowa, and as provided by law. MARlAN K. KARR, CITY CLERK pwen g~nph 1 stwa ,doc 9/99 NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE FIRST AVENUE WATERMAIN PROJECT TO: Eugene M. Kehoe, 2218 Rochester Avenue, Iowa City, IA 52245; Plum Grove Acres, Inc., PO Box 2208, Iowa City, IA 52244 Under the provisions of House File 476, enacted by the General Assembly and signed by the Governor during the 1999 Legislative Session, a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all property owners whose properties may be affected. (See new Sections 6B.2A and 6B.2B of the Iowa Code) 1, DESCRIPTION OF THE PROJECT; INTENDED USE OF PRIVATE PROPERTY WHICH MAY BE ACQUIRED. NOTICE IS HEREBY GIVEN to the above- identified property owners that the City Council of the City of Iowa City will consider authorizing the commencement of a project to install a 24" watermain and sidewalk which project is to be known as the First Avenue Watermain Project. Property rights acquired for the project will be used for: Construction and installation of watermain and sidewalk · Temporary storage of construction materials and equipment 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of Johnson County property records, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above- described public improvement is shown on the documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to proceed with the above-described project and to acquire property rights, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the project, and regarding the proposed acquisition of property rights for the project. The public hearing will be held on the 2nd day of May, 2000 in the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to proceed with the above-described project and commence the acquisition of property rights for the project, the City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution of the City's intent to proceed with the above- described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. STATUS OF PROJECT PLANNING. The above-described project was identified for construction as part of the Capital Improvement Program approved by the City Council on March 7, 2000 pursuant to Resolution No. 00-84. The project is currently scheduled for construction in the 2000 construction season. 5, THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-described project or to acquire properly rights for the project. This Notice does not constitute an offer to purchase properly rights. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 6B.45, 6854) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. (Iowa Code §6B.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §6B.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §6B.3(1 )) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 6B.4A) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 6B.25 and 6B.54(11 )) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 6B.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (2) if the award on appeal in court is more than the compensation commissioner's award. (Iowa Code §6B.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) I. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code §316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. s/Marian K. Karr, City Clerk