HomeMy WebLinkAbout2001-06-26 Public hearing Prepared by: Robert Miklo. PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ01-00006)
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING CODE BY CONDITIONALLY AMENDING THE
PLANNED DEVELOPMENT HOUSING OVERLAY, OPDN-8, PLAN FOR LOT 236,
WASHINGTON PARK ADDITION PART tt, (ARBOR HILL) AN 8.2 ACRE 17-UNIT
RESIDENTIAL DEVELOPMENT LOCATED NORTH OF WASHINGTON STREET ON ARBOR
HILL CIRCLE.
WHEREAS, the property owner, Arbor Hills, L.LC., has requested an amendment of the
OPDH plan for the Arbor Hill Development located on Lot 236, Washington Park Addition Part 11;
and
WHEREAS, the amended OPDH plan would allow the construction of 17 condominium units
on a currently undeveloped parcel; and
WHEREAS, subject property is located upstream and adjacent to an area experiencing
drainage problems; and
WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on
granting an applicant's rezoning request, over and above existing regulations, to satisfy public
needs directly caused by the requested change; and
WHEREAS, the City wishes to ensure that the proposed development does not exacerbate
the existing drainage problems on adjacent downstream properties; and
WHEREAS, the applicant/property owner acknowledges that certain conditions and
restrictions are reasonable to ensure that the proposed development does not exacerbate the
existing drainage problems on adjacent downstream properties; and
WHEREAS, the applicant/property owner has agreed to develop this property in accordance
with the terms and conditions of the attached Conditional Zoning Agreement to ensure that the
proposed development does not exacerbate the existing drainage problems on adjacent
downstream properties; and
WHEREAS, the Departments of Planning and Community Development and Public Works
have reviewed the amended OPDH plan and have recommended approval; and
WHEREAS, the Planning and Zoning Commission has reviewed the amended OPDH plan
and has recommended approval; and
WHEREAS, the amended OPDH plan is in compliance with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that:
SECTION I. APPROVAL. Subject to Iowa Code §414.5 (2001) and the terms and conditions
of the Conditional Zoning Agreement attached hereto and incorporated herain by this reference,
the amended OPDH plan for Lot 236, Washington Park Addition Part 11 (Arbor Hill) is hereby
approved.
SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa to conform to this amendment upon final passage,
approval, and publication of this ordinance as provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized to
sign and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the
property and the City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and
directed to certify a copy of this Ordinance and Conditional Zoning Agreement for recordation in
the Johnson County, Iowa Recorder's Office upon final passage and publication as provided by
law.
SECTION V. REPEALER. All ordinances or parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed,
Ordinance No.
Page 2
SECTION VI. 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 VII. 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
ppdadrn/ord/arborhill.doc
Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5240
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereina~er "City), and Arborhill, L.C. (hereinafter "Applicant").
WHEREAS, the applicant, Arborhill, LC, has requested that the City rezone approximately 8.2
acres of property located north of Washington Street on Arbor Circle by amending the OPDH
Plan; and
WHEREAS, Iowa Code §414.5 (2001) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the applicant acknowledges and agrees that certain conditions and restrictions are
reasonable to erasure that the proposed development will not negatively affect the existing
residential neighborhood to the east, specifically by providing for drainage of storm water; and
WHEREAS, the applicant has agreed to develop and use this property in accordance with the
terms and conditions of a Conditional Zoning Agreement to ensure that storm water drainage
CO~CerFIS are addressed.
NOW, THEREFORE, in consideration of mutual covenants and promises contained herein, the
Parties agree as follows:
1. Arborhill, L.C. is the owner and legal title holder off property located at the north of
Washington Street on Arbor Circle, which property is more particularly described as
follows:
A resubdivision of Lot 236 Washington Park Addition, Part II and Auditor's Parcel
2001023.
2. Applicant acknowledges and agrees that the City wishes to satisfy public needs directly
caused by the requested change by ensuring that the proposed development will not
negatively affect the existing residential neighborhood to the east, specifically by
providing for drainage of storm water. Therefore, Owner and Applicant agree to certain
conditions over and above City regulations as detailed below.
3. In consideration of the City's changing the use regulations by rezoning the subject
property to revise the Planned Development Housing Plan for Arbor Hill, Applicant
agrees that development of Phase 3 of the subject property, which includes the
construction of eight (8) duplex units, will conform to all of the requirements of the OPDH
zone as well as the following additional conditions:
a. Roof drain tile lines will be installed from each of the four easterly buildings to the
retention basin, This drainage system shall be maintained by a Homeowners
Association.
b. All builders and subsequent homeowners of the four easterly buildlings shall run
all down spouts from front and back of roof into roof drain tile line.
c. Individual building sites must be initially graded and thereafter maintained by the
Homeowners Association so that all portions of the site from the front corners of
the residential buildings to the street direct surface water to Arbor Hill Circle.
d. Arbor Hill Circle must be designed and initially graded and thereafter maintained
at such elevation necessary to divert all water from the circle portion of the
roadway into the storm water basin intakes.
e. Final land grading plan must be approved by City Engineer.
f. All trees within 10 feet of east boundary line of property must remain unless
marked for removal in the OPDH Plan.
g. Builders will install and maintain silt fence lines shown on OPDH plan and any
additional ones required by City Engineer.
h. During construction of any building the builders must install, inspect and maintain
a silt fence to the side of the building and behind the building to prevent erosion,
in the same manner as required for erosion control on the subdivision site
grading and erosion control plan.
4. The Applicant acknowledges and agrees that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414,5 (2001) and that
said conditions satisfy public needs which are directly caused by the requested zoning
change.
5, The Applicant acknowledges and agrees that in the event the subject property is
transferred, sold, redeveloped, or subdivided. all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The Parties acknowledge and agree that this Conditional Zoning Agreement shall be
deemed to be a covenant running with the land and with title to the land, and shall
remain in full force and effect as a covenant running with the title to the land unless or
until released of record by the City. The Parties further acknowledge that this Agreement
shall inure to the benefit of and bind all successors, representatives and assigns of the
Parties.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Applicant from complying with all applicable local, state and
federal regulations.
8. 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
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this ZJ-o'ttl- day of June, 2001.
ARBORHILL, L,C. CITY OF IOWA CITY
David V. Hodge, Man~ ~
Attest:
Marjan K. Karr, City Clerk
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this __.day of ,2001, before me, ,
a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian
K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its City Council, as contained in
(Ordinance) (Resolution) No. passed by the City Council, on the
day of ,2001, and that Ernest W. Lehman and Marjan K.
Karr acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 2_.~ day of (:2),LL6J. ,2001, before me, a Notary Public in and for said
county, personally appeared David V. Hodge, to me personally known, who being by me duly
sworn did say that that person is Manager of said limited liability company, that no seal has
been procured by the said limited liability company and that said instrument was signed on
behalf of said limited liability company by authority of its managers and the said David V. Hodge
acknowledged the execution of said instrument to be the voluntary act and deed of said limited
liability company by it voluntarily executed.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public headng will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 12th day of June. 2001, 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 designating the Carnegie
Library Building (Old Public Library) located at ~
the southeast comer of College and Linn
streets as an Iowa City Landmark. ~'/~
(~An ordinance changing the zoning cede by
amending the Planned Development Housing
Overlay, OPDH~8, plan for Arbor Hill. an 8.2
acre 17-unit residential development located
north of Washington Street on Arbor Hill
Circle.
3.An ordinance vacating Hemingway Lane west
of Russell Ddve.
Copies of the proposed ordinances 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
DRAFT
Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5240
CONDITIONAL ZONING AGREEMENT
.,,
THIS AG'RkEEMENT is made by and between the City of Iowa Iowa, a Municipal
Corporation '~bereinafter "City), and Arbor Hill, L.L.C. (hereinafter "A
WHEREAS, the applicant, Arbor Hill, LLC, has requested that the rezone approximately 8.2
acres of properly ~cated north of Washington Street on Arbo by amending the OPDH
Plan; and
WHEREAS, Iowa §414.5 (2001) provides that City of Iowa City may impose
reasonable conditions an applicant's rezon request, over and above existing
regulations, in , public needs directly cau~ , the requested change; and
WHEREAS, the applicant es and agrees at certain conditions and restrictions are
reasonable to ensure that roposed developr will not negatively affect the existing
residential neighborhood to the :, specifically for drainage of storm water; and
WHEREAS, the applicant has , and use this property in accordance with the
terms and conditions of a reement to ensure that storm water drainage
concerns are addressed.
NOW, THEREFORE, in consideration of al covenants and promises contained herein, the
Parties agree as follows:
1.Arbor H,,,, L...C. ,s ,he ownerho,der o, propert cdeat e d , at ,he north of
Washington Street on Arbor Ci,, which operty is more particularly described as
follows:
A resubdivision of Lot 6 'ashington Park ddition, Part II and Auditor's Parcel
2001023.
2. Applicant acknowledges an agrees that the City wishes o satisfy public needs directly
3. In consideration of the ;ity's changing the use regulations by rezoning the subject
prope~y to revise the ~lanned Development Housing Plan for Arbor Hill. Applicant
agrees that develo of the subject prope~y will conform to all of the requirements
of the OPDH zone as v as the following additional conditions:
a. Roof drain ines will be installed from each building to the retention basin.
This drainage system shall be maintained by a Homeowners Association.
DRAFT
b. All builders and subsequent homeowners shall run all down spouts from front
and back of roof into roof drain tile line.
c. Individual building sites must be initially graded and thereafter maintained by the
Homeowners Association so that a[I portions of the site from the front corners of
the residential buildings to the street direct surface water to Arbor Hill Circle.
d. Arbor Hill Circle must be designed and initially graded r maintained
at such '~ levation necessary to divert all water from the circl of the
the storm water basin intakes.
e. Final land c ~g plan must be approved by City Engine,
f. All trees within feet of east boundary line of must remain unless
marked for n final plat.
g. Builders maintain silt fence lines on plat and any additional
ones required by ineer.
h. During construction of an building the bu must install, inspect and maintain
a silt fence to the side of building ar the building to prevent erosion,
in the same manner as uired for control on the subdivision site
grading and erosion control
4. The Applicant acknowledges and that the conditions contained herein are
reasonable conditions to impose on tF under Iowa Code §414.5 (2001) and that
said conditions satisfy public needs are directly caused by the requested zoning
change.
5. The Applicant acknowledges and in the event the subject properly is
transferred, sold, redeveloped, or all redevelopment will conform with the
terms of this Conditional Zoning ! 'eement.
6. The Padies acknowledge and ]ree that onditiona[ Zoning Agreement shall be
deemed to be a covenant ru with the and with title to the land, and shall
remain in full force and effec a covenant runt g with the title to the land unless or
until released of record the City. The further acknowledge that this
Agreement shall inure to benefit of and bind successors, representatives and
assigns of the Parties.
7. Applicant acknowledges nothing in this Conditio Zoning Agreement shall be
construed to relieve th~ Applicant from complying with applicable local, state and
federal regulations.
8. The Parties agree this Conditional Zoning Agreement shall be incorporated by
reference into the rezoning the subject prope~y; and that upon adoption and
publication of the O :linance, this Agreement shall be recorded in the Johnson County
Recorder's Office ~ Ihe Applicant's expense.
3 DRAFT
Dated this day of ,2001.
ARBOR HILL, L.L.P. CITY OF IOWA CITY
By: By:
Mike Hodge Ernest W. Lehman, Mayor
Attest:
Marian K. Karr, Clerk
STATE OF IOWA ~ ss: ~
JOHNSON COUNTY )
On this day of ,2001, before me,
a Notary Public in and for the of Iowa, personally a Ernest W. Lehman and
Marlan K. Karr, to me personally n, and, who, being duly sworn, did say that they
are the Mayor and City Clerk, ', of the City of Ic City, Iowa; that the seal affixed to
the foregoing instrument is the cor seal of the and that the instrument was
signed and sealed on behalf of the cot by aul of its City Council, as contained in
(Ordinance) (Resolution) No. passed by the City Council,. on the
day of tt Ernest W. Lehman and Marian K.
Karr acknowledged the execution of the be their voluntary act and deed and the
voluntary act and deed of the corporation, Jntarily executed.
, Public in and for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , ,. 20 , before me, the undersigned, a
Notary Public in and for the of Iowa, personall appeared Mike Hodge to me personally
known, who, being by me dul did say that he the in said corporation executing the
within and foregoing instrum, to which this is ~1, that (no seal has been procured by
the said) corporation; instrument was signed and sealed) on behalf of (the seal
affixed thereto is the sea said) said corporation by ~ority of its Board of Directors; and
that the said ~y~h and as such officers
acknowledged the ex ution of said instrument to be voluntary act and deed of said
corporation, by it and em voluntarily executed.
/
Notary Public in and fo~,,~aid County and State
ppdadmin\agt\arborhill doc
red by: Robed Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ~-00006)
/
ORDINANCE NO.
AN CHANGING THE ZONING CODE BY AMENDING/I'HE PLANNED
HOUSING OVERLAY, OPDH-8, PLAN FOR LOT 236, W SHINGTON PARK
ADDITION 1, (ARBOR HILL) AN 8.2 ACRE 17-UNIT RESIDEN AL DEVELOPMENT
LOCATED H WASHINGTON STREET ON ARBOR HILL CIRCE.
WHER the p erty owner, Arbor Hills, L.LC., has request an amendment of the
OPDH plan ~e Arbor ill Development located on Lot 236, Washi ton Park Addition Part 11;
and
WHEREAS, the amende OPDH plan would allow the constr ction of 17 condominium units;
and . . .
ng comm,ss,on·nded OPDH p,an
WHEREAS, the amended OPDH in complia~ Plan.
NOW, THEREFORE, BE BY THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA that:
SECTION I. The amended OPDH plan Washington Park Addition Part 11 (Arbor
Hill) is hereby approved.
SECTION II. ZONING MAP. The Building is hereby authorized and directed to change
the zoning map of the City of Iowa City, to this amendment upon final passage,
approval, and publication law.
SECTION III. REPEALER. All and ordinances in conflict with the provi-
sions of this Ordinance are hereby repea
SECTION IV. SEVERABILITY. section, or pad of the Ordinance shall be
adjudged to be invalid or such adj ;hall not affect the validity of the
Ordinance as a whole or any provision or part adjudged invalid or unconsti-
tutional.
SECTION V. EFFECTIVE This Ordinance shall after its final passage,
approval and publication, as law.
Passed and approved thi ' of
MAYOR
ATTEST:
CLERK
City Atto
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 26th day of June, 2001, 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, for the purpose of hearing comments for or against the amending of Title 3 of the City Code entitled
"City Finances, Taxation & Fees", Chapter 4 on City utilities to increase water service charges and fees.
Information on the proposed increase in changes and fees is available at the City Clerk's Office and the
Department of Finance. 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
Prepared by: Chuck Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND
FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (as amended), the City of Iowa City is authorized
to establish and provide for the collection of rates and charges to pay for the City's utility systems,
including the City's water supply and treatment system; and
WHEREAS, water meter rates, which were last increased in 1996, are proposed to be increased to
generate adequate revenues to pay the costs of meters and meter reading devices, necessary to
effectively measure water use by customers of the City's potable water supply and treatment system;
and
WHEREAS, the Iowa City City Council proposes to increase the charge for meters to include the cost
of a meter reading device.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, Chapter4, Section 3, entitled "Potable Water Use and Service," of
the City Code is hereby amended by:
a. Repealing the subsection entitled "Single-Purpose Meter Fee" in Section 3-4-3 and
adding a new section entitled "Meter Charge" to read as follows:
Meter Size
(Inches) Fee
Meter Charge, including
meter reading device
(Nonrefundable) (14-3A-4) % to % $120.00
% 150.00
1 184.00
1 ~ 336.00
2 442.00
4 1,484.00
6 2,832.00
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, to be collected as set forth in §14-3A-4, City Code.
Ordinance No.
Page 2
Passed and approved this __ day of ,2001
ATTEST:
MAYOR CITY CLERK
Approved by
·
C~ty Attorney's 0 ~ce Date
It was moved by and seconded by that the Ordinance as
read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
pweng\ord\waterinc01 .dec
11 S
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
IOWA CITY SKATE 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 Iowa City
Skate Park Project in said City at 7:00 p.n'L on the
twenty-sixth day of June, 2001, 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.
Said plans, specifications, form of conU'act and
estimated cost are now on file in the office of the City
Clerk in the Civic Center in Iowa City, Iowa, and may
be inspected by any interested persons.
Any interested persons may appear at said meeting of
the City Council for the purpose of making objections
to and comments concerning said plans, specifications,
conlract 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. KAKR., CITY CLERK
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of
Iowa City will hold a public hearing on the 26th day
of June, 2001, at 7:00 p.m. in the Council
Chambers of the City of Iowa City, 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 the portion of
Hemingway Lane located west of Russell Drive,
Iowa City, to Steve Kohli Construction, L.C.
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
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