HomeMy WebLinkAbout2018-07-17 Public hearing15-- 0.'
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 17'" day of July 2018, in Emma J.
Harvat Hall, 410 E. Washington Street, Iowa City,
Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted
by the City Clerk; at which hearing the Council will
consider:
An ordinance conditionally rezoning
approximately 8.02 acres from Interim
Development Single -Family Residential
(ID -RS) zone to Low Density Multi -
Family Residential (RM -12) zone for
approximately 3.19 acres and Medium
Density Single -Family Residential (RS -8)
zone for approximately 4.83 acres,
located at the southwest corner of Lower
West Branch Road and Taft Avenue.
(REZ18-00015)
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
Kellie Fruehling, City Clerk
To: Planning and Zoning Commission
Item: REZ18-00015
GENERAL INFORMATION:
07-17-18
5a
STAFF REPORT
Prepared by: Anne Russett, Associate Planner
Date: June 7, 2018
Applicant: Allen Homes
P.O. Box 3474
Iowa City, IA 52244
319-530-8238
allenhomesinc@gmail.com
Property Owner:
Jerry Lindemann
304 Summit Drive NE
Iowa City, IA 52233
Contact: Ron Amelon
MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
319-351-8282
r.amelon@mmsconsultants.net
Requested Action: Rezoning from Interim Development— Single
Family Residential (ID -RS) to Low Density Multi -
Family Residential Zone (RM -12) and Medium
Density Single -Family Residential Zone (RS -8)
Purpose: To allow the development of single-family and
multi -family residential.
Location: Southwest corner of Lower West Branch Road
and Taft Avenue
Location Map:
2
Size: Total site: 8.02 acres
Rezoning to RM -12: 3.19 acres
Rezoning to RS -8: 4.83 acres
Existing Land Use and Zoning: Undeveloped, Interim Development -Single
Family Residential (ID -RS); Conditional zoning
agreement adopted in 2000 as part of an
annexation
Surrounding Land Use and Zoning: North: Agriculture (County -A)
South: Single-family residential (County -R);
Single-family residential (OPD -5)
East: Agriculture (County -A)
West: Single-family residential (OPD -5)
Comprehensive Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
2-8 dwelling units per acre; Single-family
residential
Lower West Branch (NE3)
Property owners located within 300 feet of the
project site received notification of the Planning
and Zoning Commission public meeting
May 17, 2018
45 Day Limitation Period: July 1, 2018
3
BACKGROUND INFORMATION:
The applicant, Allen Homes, Inc., has requested a rezoning from the Interim Development —
Single Family Residential Zone (ID -RS) to the Low Density Multi -Family Residential Zone
(RM -12) and Medium Density Single -Family Residential Zone (RS -8). The total project site,
located atthe southwestern corner of Lower West Branch Road and Taft Avenue is 8.02 acres.
The applicant has requested rezoning 3.19 acres to RM -12 and 4.83 acres to RS -8. Ralston
Creek runs along the western border of the property.
The City annexed the property in 2000 and it is currently undeveloped. At the time of
annexation, the property was conditionally rezoned to ID -RS. The conditional zoning
agreement from 2000 requires compliance with the Northeast District Plan and specifically
references the provision of an interconnected trail, sidewalk and street system, preserving
stream corridors and ensuring neighborhood access to open space areas. It noted that the
use of traditional neighborhood design concepts, such as the use of narrow street pavement,
alleys and green elements within streets, such as planted medians or small neighborhood
greenspaces are encouraged.
The applicant has used the "Good Neighbor Policy"; a Good Neighbor Meeting took place on May
31.
ANALYSIS:
Current Zoning: The property is currently zoned Interim Development—Single Family
Residential (ID -RS). The Interim Development zoning designation applies to undeveloped
properties without access to City services. The ID -RS zone district allows for nonurban uses
of land, specifically crop -related agricultural uses. At this time a rezoning could occur due
to the availability of existing City water and sanitary sewer service. As noted above, there
is a conditional zoning agreement that encourages interconnected streets, sidewalks, trails,
and the provision of certain pedestrian -friendly streetscape design.
Proposed Zoning: The applicant has proposed rezoning 3.19 acres of the northeastern
portion of the project site to the Low Density Multi -Family Residential Zone (RM -12). The
RM -12 zone district allows for both single-family and multi -family housing. The maximum
density allowed in this zone district is 15 dwelling units per acres, so a maximum of 47
dwelling units would be allowed on the 3.19 acres.
The applicant is requesting that the remainder of the site, 4.83 acres, be rezoned to the
Medium Density Single -Family Residential Zone (RS -8). The RS -8 zone district allows
single-family residential uses at a density of up to 8 dwelling units per acre with a minimum
lot size of 5,000 square feet. Duplexes are also permitted in the RS -8 zone district on corner
lots. The minimum lot size for duplexes is 8,700 square feet. A maximum of 38 single-
family units would be allowed on the 4.83 acres.
Compliance with Comprehensive Plan: The Future Land Use Map of the Comprehensive
Plan has designated this area for residential development at a density of 2-8 dwelling
units per acre. The maximum number of dwelling units allowed by the Comprehensive
Plan for the site is 64 dwelling units. The Northeast District Plan identifies this area for
single-family residential development; however, the plan encourages housing diversity
and specifically envisions the possibility of townhouses and small, multi -family buildings
at major intersections.
Staff finds that the proposed rezoning is consistent with the Comprehensive Plan due to
the location of the project site at a major intersection. Specifically, Taft Avenue is a
proposed arterial, therefore, a mix of housing types, including multi -family is appropriate.
Compatibility with Neighborhood: The project site is located at the City's eastern
corporate limits and the areas to the north and east in the unincorporated County are
currently not developed. The area to the west includes a recently developed single-family
neighborhood. There is also one existing single-family home to the south of the project
site located in the unincorporated County.
Staff finds that the proposed rezoning is compatible with the neighborhood. The
proposed rezoning places the RS -8 zone district to the western and southern edge of the
project site, which will continue the existing single-family development pattern. The RM -
12 zone district is proposed at the corner of the project site focusing the higher density
housing at the major intersection.
Staff has received a proposed concept for the development from the applicant, which
includes 32 dwelling units. Staff recommends including a condition to the rezoning that
requires general conformance with the number and types of units identified in the
proposed concept to ensure compatibility with the existing neighborhood and
development pattern.
Environmentally Sensitive Areas: Ralston Creek runs along the far western portion of the
project site. Due to the presence of this watercourse, the zoning ordinance requires a
Level 1 Sensitive Areas Review, which will be reviewed by staff prior to the issuance of
any permits, to ensure the stream corridor is adequately buffered. Despite the location of
the creek, the project site is not located within a floodplain.
Historic Resources: There are no historic resources on the project site. However,
remnants of an original stone railroad bridge crosses Ralston Creek southwest of the
project site on land dedicated to the City for parkland at the time the Stone Bridge
Estates, Part Eight was platted (though the City has not formally accepted ownership of
this outlot at this time). The Northeast District Plan mentions the possibility of
incorporating this bridge into the trail system.
Traffic Implications, Access, and Street Design: The site can be accessed via Lower West
Branch Road and Taft Avenue. Per the Iowa DOT, the current average daily traffic on
Lower West Branch is 200 vehicles per day and the theoretical capacity of a two-lane
collector is about 14,000 per day. Therefore, Lower West Branch Road can accommodate
the amount of traffic anticipated to be generated from the proposed rezoning.
Taft Avenue is currently an unimproved, chip seal roadway, but is planned as a future
arterial street. The subdivision ordinance allows for the approval of subdivisions that
access existing public streets that do not meet City standards, provided that the
subdivider contributes to the future construction cost of bringing the segment of the
street that abuts the project site to City standards. Therefore, the subdivider will be
subject to the arterial street costs (12.5% of the total construction cost) at the time of final
plat. Furthermore, the City will need approximately 12 feet of additional right-of-way to
R
improve Taft Avenue to an arterial. Staff recommends including a condition to the
rezoning that requires the additional right-of-way to be dedicated at the time of platting.
As a proposed arterial, Taft Avenue will provide an important connection to the city's
industrial area to the south. The RM -12 and the RS -8 zone districts require a 40 -foot
building setback from arterials; however, due to the amount of truck traffic that Taft
Avenue could generate staff recommends adding a condition requiring a detailed
landscaping plan at the time of platting to ensure adequate buffering from Taft Avenue,
as well as adequate landscaping for the RM -12 area of the project site.
The Northeast District Plan discusses the importance of an interconnected transportation
system. In addition, the Functional Bikeway Network in the City's Bicycle Master Plan
identifies a future secondary multi -use trail along the western portion of the project site
that will connect with the existing off-street paved path to the south. The subdivision
ordinance allows the City to require an easement or dedication of an outlot in instances
where a trail extension identified in the Comprehensive Plan is located on the project site.
Based on discussions with Parks and Recreation staff an outlot is preferred since a future
City park is already planned for the area southwest of the project site. Staff recommends
including a condition to the rezoning that requires the creation of an outlot along Ralston
Creek to provide the trail connection. To meet the Northeast District Plan's goal of an
interconnected street network, staff also recommends including a condition to the
rezoning that ensures roadway access to the single-family property to the south should it
redevelop.
The subdivision ordinance requires sidewalks on both sides of both public and private
streets, so additional sidewalks will be required at the time of platting
Neighborhood Parkland or Fees In -lieu of: Open space dedication or fees in lieu of are addressed
at the time of subdivision. Based on 3.19 acres of RM -12 zoning and 4.83 acres of RS -8 zoning,
the developer would be required to dedicate 0.37 acres of land. Depending on the amount of space
provided for the trail connection, the applicant may be able to meet all or a portion of the open space
requirements on-site. If not, fees in lieu of dedication would be appropriate.
Infrastructure Fees: The City requires developers to pay a $435 per acre fee for water
service. The project site is not located in one of the City's sanitary sewer districts, and
therefore, the City collects no sanitary sewer tap on fees. The developer will be responsible
for costs associated with the water and sanitary sewer improvements needed to serve the
project site.
SUMMARY:
Based on the analysis, staff finds that the proposed rezoning with the identified conditions
is both in compliance with the Comprehensive Plan and compatible with the existing
neighborhood. The Comprehensive Plan allows for up to 64 dwelling units on the project
site, encourages a mix of housing types, and identifies major intersections as appropriate
for higher density housing. The proposed rezoning focuses the RM -12 zone district at the
corner of Lower West Branch Road and Taft Avenue, while the RS -8 zone district covers the
southern and western portions of the project site abutting Ralston Creek and existing
single-family residential.
M
STAFF RECOMMENDATION:
Staff recommends approval of REZ18-00015, an application submitted by Allen Homes, for a
rezoning from ID -RS to RM -12 (3.19 acres) and RS -8 (4.83 acres) on 8.02 acres of property
located at the southwest corner of Lower West Branch Road and Taft Avenue subject to the
following conditions: 1) General compliance with the submitted concept plan in terms of
number of units and type of housing proposed, 2) Provision of approximately 12 feet of
additional right-of-way along Taft Avenue to be dedicated at the time of platting, 3) Detailed
landscaping plan to ensure adequate buffering along Taft Avenue and in the proposed RM -
12 area at the time of platting, 4) Creation of an outlot along Ralston Creek to provide the trail
connection at the time of platting, and 5) Provision of roadway access to the single-family
property to the south should it redevelop.
ATTACHMENTS:
1. Location Map/Aerial Photograph
2. Zoning Exhibit
3. Concept Plan
4. Summary of Good Neighbor meeting & Sign -in Sheet
Approved by: c—�/ • ��Tx
Danielle Sitzman, Development Services Coordinator
Department of Neighborhood and Development Services
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LOWER WEST BRANCH ROA® .1 WEST, OF THE FIFTH P.M.
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DESCRIPTION -ZONING PARCEL #1 (IDBS TO RM12)
j A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
POINT OF BEGINNING ui M_CTION, . TOWNS WA IP 79 NORTH,
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ZONING PARCEL #2
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FIM Principal Mandan, bars City. Johnson County. Iowa: Thence S00'5TM*E, along Me East
Line of Me NoMeast Owner of the Southeast Quarter of saki Section 7, a distance of 278.35
Rest; Than. S89'00'0BIY. 358.23 Net: Thecae Ndrm vaseM, 23828 feat, along a 150.00 foot
ndNs curve, con.ve NOMeeslady, netose 214.00 loot chord heed N45'2925Mi Then.
W-01-NPE, 134.68 feet, to a Point on Me North Line of said Norm east QwM,, of Me
Southeast Owner. Then. S89'MM-E, along said North Line, 505.90 feel to Me Pohl of
Beginn8g. Said Zoning Perch wntalns 3.19 Arses, and Is subject to easements ant restrICtlons
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DESCRIPTION - ZONING PARCEL n (IDBS TO RSB)
A PORTION OF THE NORTHEAST OUARTER OF THE SOUTHEAST QUARTER OF
SECTION 7. TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS:
Commentlig at the Ent Own. Comer of Section 7. Towmsllp 79 North, Range 5 West. of the
FIM Principal McHdlan, baa City. Johnson Camty, loam: Thence 500°59'54-E, along Me East
LM of Me Northeast Quarter of the Southeast Owner of said Section 7. a distance of 278.35
feel to Me Point of Beginning: Thence continuing S00'59'S41E, 167.25 feet, to Me Northeast
Comer of Stone Creak SWdMslcn, In accordance win Me Plat thereof Recorded In Plat Book
32 at one 181 of the Records of the Johnson County Recorder's OMce: Thence S89 -00'061N,
along the NMh Line of .n Ston Crank SuheMsbn, 331.58 feet. to the NoMwest Comer
Moral Thence S00'59'54'E, along tin Wast Line of said Stone Creek Subdivision, 394.12
feet, to Bre Southwest Comer Mereofant a Print on the North Lias of Aurmes Parcel
2009079. M accordance YOM the Plat thereof Recorded In Plat Book 51 at Page 219 of the
Records of Me Johnson County Recorder's Othce: Thence S89'00'061 , a" sen North Line.
and the East Lina of Stene Bridge Estates - Pad Eight, 0 accordance YAM the Met thereof
Receded in Plat Book 58 at Page 247 of Me Records of Me Johnson County Recorder's Office,
49.25 fest: Thence Nth -09'37" . along said East Line, 315.27 last Thence N47°25'02' ,
Yong man East Line, and Me East Line of Slone Bridge Estates - Pad Nine, In accordance wM
eco Plat thereof RecordcM In Plat Book 59 at Page 400 of Me Records vl the Johnson County
Record nes Office, 293.89 fast Then. NW -01'01'E, akmg the East Line of sen Stone Bridge
Estates - Ped Nine, a distance M 348.01 feet, to the Northeast Comer thereof, and a Point on
Ma NOM Line of said Northeast Quarter of the Southeast Quarte[ Thence S89°58'56 -E, along
said Neth Line, 1]4]9 fat: Thence S00 -01'04"W. 134.88 fast Then.w
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S45'2Y25'E: Thence 1489°00'06'E. 358.23 fast. to Me Print of Bagmen,. Said Zonbg Pact
conlmins 4.83 Acres, ant h subject to weements and resections of record.
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CML ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENNROWENTAL SPECAUSTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(3 9)35141282
www.rnmecatsullRnts.net
ZONING EXHIBIT
PORTIONS OF THE NORTHEAST
QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 7.
TOWNSHIP 79 NORTH. RANGE 5
WESr. OF ME FIFTH PA
IOWA CITY
JOHNSON COUNTY
IOWA
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Summary Report for
Good Neighbor Meeting
Project Name: Rezoning Lower West Branch & Taft
• ��
CITY OF IOWA CITY
Location: Lower West Branch Road
Meeting Date and Time: Thurs., May 31at 5:30
Meeting Location: St. Patrick's Church
Names of Applicant Representatives attending: Jesse Allen & John Yapp
Ron Amelon & Gina Landau
Names of City Staff Representatives attending: Bob Miklo, Anne Russett, & Danielle
Number of Neighbors Attending: 5 Sign -In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary) -
Neighbors had positive comments about the building designs Jesse showed them on his ]-Pad.
They were not too surprised that this area will be rezoned/developed in the near future.
General questions about Lindemann Pt. 8 were addressed (that GNM was held several months ago)
Questions on average cost of new homes and on size of lots
Wanted to know timeframe for construction of infrastructure and residential units
Discussion about future park in Stone Bridge, is currently an OL that will be dedicated to the city
Concerns expressed regarding project (attach additional sheets if necessary) -
Main concern was about excessive speed on Taft Avenue. Needs more signage so people know it's 35, not 50.
Concerned about the city taking 12' from Recker property to widen Taft when that happens
Neighbors wanted to make sure that the density wouldn't change from this concept plan to approval
Questions about hooding that happens near the Recker property streamline. Dirt will need to be brought in and set MLOs for houses
Concerns about upgrading Taft because it's an arterial and will need to be widened
Questioned visibility for an entrance off of Taft - Jesse will pay a fee
Will there be any changes made to the proposal based on this input? If so, describe:
The sidewalk trail will be moved to be adjacent to Ralston Creek
Staff Representative Comments
Good Neighbor Meeting
Thurs., May 31, 2018 @ 5:30pm
Rezoning — Lower West Branch Rd. & Taft Ave.
St. Patrick's Church
I Name Address
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Planning and Zoning Commission
June 7, 2018
Page 2 of 7
subdivision, located north of Foster Road, south of 1-80, west of N. Dubuque Street, east of
Mackinaw Drive.
Miklo stated the staff is requesting this item be deferred until the June 21 meeting. He said that
the traffic study had just been submitted and needed to be reviewed by staff. He noted that the
stormwater management plan was also still being reviewed by the City Engineer and the wetland
determination had not yet been resolved.
Freerks opened the public hearing.
Seeing no one Freerks closed the public hearing.
Hensch moved to defer REZ18-00013/SUB18-00006 until the June 21 meeting.
Martin seconded the motion.
A vote was taken and the motion passed 7-0.
REZONING/DEVELOPMENT ITEM (REZ18-00005/SUB18-00005):
The application, submitted by Bedrock, LLC for a rezoning of approximately 18.03 acres from
Interim Development Multifamily Residential (ID -RM) zone to Planned Development Overlay/Low
Density Single Family Residential (OPD/ RS -5) zone and Planned Development Overlay/Low
Density Multifamily Residential (OPD -12) zone and a preliminary plat of Cherry Creek
Subdivision, a 17 -lot, 18.03 -acre residential subdivision located east of S. Gilbert St & south of
Waterfront Dr.
Miklo stated the applicant is requesting this item be deferred until the June 21 meeting.
Freerks opened the public hearing.
Seeing no one Freerks closed the public hearing. .
Theobald moved to defer REZ18-00005/SUB18-00005 until the June 21 meeting.
Signs seconded the motion.
A vote was taken and the motion passed 7-0.
REZONING ITEM (REZ18-00015):
Discussion of an application submitted by Allen Homes, for a rezoning of approximately 8.02
acres from Interim Development - Single Family Residential (ID -RS) zone to Low Density Multi -
Family Residential (RM -12) zone (3.19 acres) and Medium Density Single -Family Residential
(RS -8) zone (4.83 acres) located at the southwest corner of Lower West Branch Road and Taft
Avenue.
Planning and Zoning Commission
June 7, 2018
Page 3 of 7
Signs recused himself from this item and left the room as his company had some interest in this
property.
Miklo introduced Anne Russett, Associate Planner, who recently joined the City staff. Russett
presented the Staff report noting this property was annexed into the City in 2000 and at that time
was zoned to ID -RS (Interim Development - Single Family Residential Zone). Russett showed
an aerial map of the property, most of the area around the property is undeveloped,. the area to
the north and to the east is undeveloped in the unincorporated part of Johnson County, the
property to the south is an existing single family home in Johnson County, and the area to the
west, south of Lower West Branch Road, is in the City limits and is an existing single family
neighborhood. Russett showed the zoning map of the area, the current zoning of ID -RS is
typically used for areas where there is not existing City water and sanitary sewer service and
uses that are allowed in this zone are non -urban uses such as row crops. Rezoning at this time
is appropriate because there is access to water and sanitary sewer. In terms of the surrounding
zonings, most of the land in the County is zoned agriculture, the property to the south in the
County is zoned residential, and the area to the west is planned development overlay, also
zoned single family.
The applicant is requesting 4.83 acres be rezoned to the Medium Density Single -Family
Residential Zone (RS -8) and the 3.19 acres of the northeastern portion of the project site to the
Low Density Multi -Family Residential Zone (RM -12). The Future Land Use Map of the
Comprehensive Plan has designated this area for residential development at a density of 2-8
dwelling units per acre. The Northeast District Plan identifies this area for single-family
residential development; however, the plan encourages housing diversity and specifically
envisions the possibility of townhouses and small, multi -family buildings at major intersections
such as Lower West Branch Road and Taft Avenue. Russett noted the applicant has submitted
a concept plan for this property, the plan Russett is showing this evening is a little different than
the one that was provided with the meeting agenda packet. The applicant is proposing 32
residential units, on the western and southern portion of the site they are proposing 11 single
family homes and concentrating the townhomes and higher density area at the corner of Taft
Avenue and Lower West Branch Road. Staff recommends including a condition to the rezoning
that requires general conformance with the number and types of units identified in the proposed
concept to ensure compatibility with the existing neighborhood and development pattern.
In terms of traffic, access and street design, Russett stated Taft Avenue is planned as a future
arterial street and the City would need an additional 12 feet of right-of-way to make those
improvements. Therefore Staff is recommending the following conditions: (1) the additional
right-of-way be dedicated at the time of platting and (2) a detailed landscaping plan also be
provided at platting. Taft Avenue will be an important connection to the industrial area to the
south and future truck traffic is anticipated in this area so a sufficient landscape buffer needs to
be in place. Additionally the Northeast District Plan encourages an interconnected transportation
system and the City's Bicycle Master Plan identifies a future secondary multi -use trail along the
western portion of the project site that will connect with the existing off-street paved path to the
south. Therefore Staff is recommending two additional conditions: (1) a dedication of an outlot to
provide the trail connection at platting and (2) a provision of roadway access to the single-family
property to the south should it redevelop. Russett showed the revised concept plan and pointed
out some of the changes on this plan versus the one provided in the agenda packets are the
applicant has provided the outlot to provide for the trail connection. Additionally there is land to
Planning and Zoning Commission
June 7, 2018
Page 4 of 7
the south of the subject property that was dedicated to the City for a park, it has yet to be
conveyed to the City but when it is complete there will be a park and trail connectivity up to
Lower West Branch Road. On the land dedicated to the City, there is also remnants of an
original stone railroad bridge that crosses Ralston Creek and the Northeast District Plan
mentions the possibility of incorporating this bridge into the trail system. Other changes to the
new concept plan include originally there was a connection between lots 5 and 6 which has been
removed, however Staff has requested the applicant add that connection back in to ensure
access for the residents to the park and trails. At the subdivision phase of development the
applicant would be required to meet the City's open space requirements, , Staff has calculated a
needed dedication of 0.37 acres. Depending on the amount of space provided for the trail
connection, the applicant may be able to meet all or a portion of the open space requirements
on-site. If not, fees in lieu of dedication would be appropriate.
Based on the analysis, Staff finds that the proposed rezoning with the identified conditions is
both in compliance with the Comprehensive Plan and compatible with the existing neighborhood
and recommends approval subject to the following conditions: (1) General compliance with the
submitted concept plan in terms of number of units and type of housing proposed, (2) Provision
of approximately 12 feet of additional right-of-way along Taft Avenue to be dedicated at the time
of platting, (3) Detailed landscaping plan to ensure adequate buffering along Taft Avenue and in
the proposed RM- 12 area at the time of platting, (4) Creation of an outlot along Ralston Creek to
provide the trail connection at the time of platting, and (5) Provision of roadway access to the
single -family property to the south should it redevelop.
Freerks clarified in the analysis of the proposed zoning where the number of units that could be
available in the 3.19 acres and the 4.83 acres is worded that the maximum density allowed in
this zone district is 15 dwelling units per acre, and it needs to be worded as "up to that amount"
because the maximum is not guaranteed.
Freerks questioned the sensitive areas and if any waivers would be requested. Russett
confirmed they are not aware of any waiver requests noting the one sensitive area is Ralston
Creek and on the concept plan the applicant is showing the appropriate buffer.
Parsons asked about the flood plain for the creek and the buffer. Russett said the applicant
could address that but the subject property is not within a flood plain. Miklo said the green lines
on the concept plan show the buffer line required for a stream corridor.
Hensch asked about the old stone bridge and, if the Historic Preservation Commission has
reviewed it. Miklo said the old stone bridge was identified when the City created the Northeast
District Plan and was called out as something to be preserved which is why that land is called out
as being dedicated as future park land for the City.
Hensch asked what the requirements were for the buffering of Ralston Creek. Russett replied
the buffer must be 15 feet from the center of the stream when its outside of the floodplain.
Hensch asked about the landscaping plan. Russett said in addition to the buffer staff is
recommending the landscaping focus on the RM-12 area to buffer views from surrounding single
family homes. Hensch noted one of his concerns is with all the construction and disturbance of
agricultural area is the silt running into Ralston Creek. Miklo stated that all construction areas
must have an erosion control plan before there is any development activity. Hensch stated he
Planning and Zoning Commission
June 7, 2018
Page 5 of 7
just wants to make sure the Creek is protected
Freerks opened the public hearing
John Yapp (Allen Homes) stated the applicants do agree with the Staff recommendations. He
showed some pictures of the subject property. The property is a remnant of the old Lindemann
Farms, Mr. Lindemann decided to stop farming last year and put this property up for sale and
Allen Homes acquired it. Yapp pointed out there is a wide sidewalk already along the north side
of the property that ties into the City's sidewalk and trail system. The proposal is for a mix of
single family and townhouses and Yapp showed a similar townhouse design concept as an
example and noted these townhomes will be different than the townhomes being constructed in
the Lindemann Part 8 subdivision to the west to avoid repetitiveness. Yapp noted they held a
good neighbor meeting and felt the results were positive, a summary was shared with the
Commission in their meeting agenda packets.
John Moreland (property owner to the west) stated he is in support of this project but would like
to make sure the specific number of units allowed on the site are spelled out on the conditional
zoning, it needs to indicate exactly how many townhouses and how many single family. With
regards to the land donated for the park and the old stone bridge, one of the local historians has
done a booklet on that old railroad bridge.
Freerks noted with the conditions that the rezoning is conditional on the proposed concept plan it
will make sure the number of units allowed on the site will stay as proposed.
Freerks closed the public hearing.
Hensch moved to approve REZ18-00015, an application submitted by Allen Homes, for a
rezoning from ID -RS to RM -12 (3.19 acres) and RS -8 (4.83 acres) on 8.02 acres of property
located at the southwest corner of Lower West Branch Road and Taft Avenue subject to
the following conditions: 1) General compliance with the submitted concept plan in terms
of number of units and type of housing proposed, 2) Provision of approximately 12 feet of
additional right-of-way along Taft Avenue to be dedicated at the time of platting, 3)
Detailed landscaping plan to ensure adequate buffering along Taft Avenue and in the
proposed RM -12 area at the time of platting, 4) Creation of an outlot along Ralston Creek
to provide the trail connection at the time of platting, and 5) Provision of roadway access
to the single-family property to the south should it redevelop.
Theobald seconded the motion.
Hensch is in favor of the plan generally but is concerned as past projects have shown why there
is such a need for landscaping plans so need to be sure the landscaping plan is followed through
on and that the areas around Ralston Creek are maintained if not improved. -
Freerks added at the platting stage she hopes some attention is paid to outdoor amenities for the
area.
A vote was taken and the motion passed 6-0 (Signs not present for vote)
Prepared by: Anne Russett, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ18-
00015)
Ordinance No.
An ordinance conditionally rezoning approximately 8.02 acres of
property located at the southwest corner of Lower West Branch
Road and Taft Avenue, from Interim Development Single -Family
Residential (ID -RS) zone to Medium Density Single -Family (RS -8)
zone and Low Density Multi -Family (RM -12) zone. (REZ18-00015)
Whereas, the owner, Rollins Pass Development LLC, has requested a rezoning of property located at
the southwest corner of Lower West Branch Road and Taft Avenue from Interim Development Single -Family
Residential (ID -RS) zone to Medium Density Single -Family (RS -8) zone and Low Density Multi -Family (RM -
12) zone; and
Whereas, the Comprehensive Plan encourages a variety of housing types and indicates that if this
property develops, single-family would be appropriate and multi -family would be appropriate at major
intersections; and
Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for
general conformance with the concept:, plan, landscaping, provision of right-of-way, and multi -modal
connectivity, and
Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose.reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to stisfy public
needs caused by the requested change; and o n c_ ITI
Whereas, the owner has agreed that the property shall be developed in accordan tv�i h trAtermsaad
conditions of the Conditional Zoning Agreement attached hereto to ensure appropriat"wtelopment f 0fIffis
area of the city. �n
R1 a T 1 • ,
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Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: 5:0 Q
Section I Approval. Subject to the Conditional Zoning Agreement attached heretsEAd ineorporated
herein, property described below is hereby reclassified from its current zoning deAnation;Pf Interim
Development Single -Family Residential (ID -RS) zone Low Density Multi -Family (RM -12) zone:
A PORTION OF THE NORTHEAST QV ARTER OF THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 79 NORTH, RANGE 5 EST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA, DESCRIB8D AS FOLLOWS:
Beginning at the East Quarter Corr f f of Section 7, Township 79 North, ,Range 5 West, of the Fifth
Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°59'54"E,'`elong the East Line of the
Northeast Quarter of the Southepst Quarter of said Section 7, a distance of 278.35 feet; Thence
S89000'06"W, 358.23 feet; Thenge Northwesterly, 238.28 feet, along a 150.00 fo radius curve, concave
Northeasterly, whose 214.00 fo chord bears N45°29'25"W; Thence N00001'04"E, 134.68 feet, to a Point
on the North Line of said No east Quarter of the Southeast Quarter; Thence S89058'56"E, along said
North Line, 505.90 feet, to th Point of Beginning. Said Zoning Parcel contains 3.19 Acres, and is subject
to easements and restriction of record.
And the property describ d below is hereby reclassified from its current zoning designation of Interim
Development Single -Fa y Residential (ID -RS) zone to Medium Density Single -Family (RS -8) zone:
A PORTION OF T NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS:
Ordinance No.
Page 2
Commencing at the East Quarter Corner of Section 7, Township 79 North, Range 5 West, of the Fifth
Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00059'54"E, along the East Line of the
Northeast Quarter of the Southeast Quarter of said Section 7, a distance of 278.35 feet, to the Point of
Beginning; Thence continuing S00°59'54"E, 167.25 feet, to the Northeast Corner of Stone Creek
Subdivision, in accordance with the Plat thereof Recorded in Plat Book 32 at Page 181 of the Records of
the Johnson County Recorder's Office; Thence S89000'06"W, along the North Line of said Stone Creek
Subdivision, 331.58 feet, to the Northwest Corner thereof; Thence S00059'54"E, along the West Line of
said Stone Creek Subdivision, 394.12 feet, to the Southwest Corner thereof, and a Point on the North Line
of Auditor's Parcel 2009079, in accordance with the Plat thereof Recorded in Plat Book 54 at Page 219 of
the Records of the Johnson County Recorder's Office; Thence S89°00'06"W, along said North Line, and
the East Line of Stone Bridge Estates - Part Eight, in a dance with the Plat thereof Recorded in Plat
Book 58 at Page 247 of the Records of the Johnson ounty Recorder's Office, 49.25 feet; Thence
N18009'37"W, along said East Line, 315.27 feet; Thence47°25'02"W, along said East Line, and the East
Line of Stone Bridge Estates - Part Nine, in accordance 'th the Plat thereof Recorded in Plat Book 59 at
Page 400 of the Records of the Johnson County Rec der's Office, 293.89 feet; Thence N00°01'04"E,
along the East Line of said Stone Bridge Estates - Pa Nine, a distance of 348.01 feet, to the Northeast
Corner thereof, and a Point on the North Line of said ortheast Quarter of the Southeast Quarter; Thence
S89058'56"E, along `said North Line, 174.79 fe t; Thence S00001'04'W, 134.68 feet; Thence
Southeasterly, 238.28 feet, along a 150.00 foot radyis curve, concave Northeasterly, whose 214.00 foot
chord bears S45°29'25"E; Thence N89°00'06"E, 35#.23 feet, to the Point of Beginning. Said Zoning Parcel
contains 4.83 Acres, and is subject to easements 9fid restrictions of record.
Section II. Zoning Mao. The'building official i hereby authorized and directed to change the zoning map
of the City of Iowa City, Iowa, to conform to this mendment upon the final passage, approval and publication
of the ordinance as approved by law. I
City Clerk attest, the Conditional Zoninc
passage and approval of this Ordinance.
hereby authorized and directed to c
County Recorder, Johnson County,
publication of this ordinance, as prov
Section V. Repealer. All ordin
Ordinance are hereby repealed.
Section VI. Severability. If any�
or unconstitutional, such adjudicatj61
provision or part thereof not adju e
The mayor is hereby authorized and directed to sign, and the
;ment between the property owner(s) and the City, following
Upon passage and approval of the Ordinance, the City Clerk is
a copy of this ordinance, and record the same in the Office of the
a, at the Owner's expense, upon the final passage, approval and
by law.
Ices and parts of ordinances in conflict with the provisions of this
:tion, provision or part of the Ordinance shall be adjudged to be invalid
shall not affect the Validity of the Ordinance as a whole or any section,
invalid or unconstitutional.
Section VII. Effective Dati6.
This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law
Passed and approved this
day of , 20_
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Mayor
Attest:
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City Jerk
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Approved by
D
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City Attorney's Office
Prepared by: Anne Russett, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ18-00015)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Rollins Pass Development LLC (hereinafter "Owner").
Whereas, Owner is the legal title holder of approximately 8.02 acres of property located
at the southwest corner of Lower West Branch Road and Taft Avenue; and
Whereas, the Owner has requested the rez99'ning of said property from Interim
Development Sin e -Family Residential (ID -RS) to Low Density Multi -Family Residential (RM -
12) zone on appro\Plning
9 acres and Medium Pensity Single -Family Residential (RS -8)
zone on approximares; and
Whereas, tand Zoning Comm' sion has determined that, with appropriate
conditions regardinompliance with the oncept plan, landscaping, provision of right-
of-way, and munnectivity, the equested zoning is consistent with the
Comprehensive Pl
Whereas, Iowa Code §4`44.5 (2017) Arovides that the City of Iowa City may impose
reasonable conditions on grantindlp rezoni request, over and above existing regulations, in
order to satisfy public needs caused by the quested change; and
Whereas the conditions outlin in this agreement address several public needs,
including ensuring compatibility with t existing development pattern, providing adequate
landscaping to buffer residents from tr ic",pn Taft Avenue and enhance views and privacy for
residents, and ensuring an interconne ted and multi -modal transportation network for enhanced
recreational opportunities; and
Whereas, the Owner ac nowledges ttiat certain conditions and restrictions are
reasonable to ensure the devel nt
meof the property is consistent with the Comprehensive
Plan and the need/an
a ' ility with the existing development pattern and multi -modal
connectivity; and
Whereas, thgrees to develop this propetty in accordance with therms and
conditions of a Conning Agreement.
�, C
Now, therefore, in ion of the mutual promises contained herein, ttrq�rtijg agree -es
follows:maM
1. Rollins Passent LLC is the legal title holder of the,propers5i�agdescuhedaslJJA PORTIONNORTHEAST QUARTER OF THE SOUTHEAST QLARTER OF
SECTION 7HIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN,Y, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS:
Beginning,at the East Quarter Corner of Section 7, Township 79 North, Range 5 West,
of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°59'54"E,
along the East Line of the Northeast Quarter of the Southeast Quarter of said Section 7,
ppdadmiagt/drafta dttimal-zonin"greement-06.21.2018.doc
a distance of 278.35 feet; Thence S89°00'06"W, 358.23 feet; Thence Northwesterly,
238.28 feet, along a 150.00 foot radius curve, concave Northeasterly, whose 214.00 foot
chord bears N45°29'25"W; Thence N00°01'04"E, 134.68 feet, to a Point on the North
Line of said Northeast Quarter of the Southeast Quarter; Thence S89°58'56"E, along
said North Line, 505.90 feet, to the Point of Beginning. Said Zoning Parcel contains 3.19
Acres, and is subject to easements and restrictions of record.
AND
A PORTIO OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 7,'TOWNSHIP 79 NORTH, RANGE 5 WET, OF THE FIFTH PRINCIPAL
MERIDIAN, IO%(A CITY, JOHNSON COUNTY, IOWA, ESCRIBED AS FOLLOWS:
11 1
Commencing at t�a East Quarter Corner of Sectioo' 7, Township 79 North, Range 5
West, of the Fifth\Principal Meridian, Iowa Cit , Johnson County, Iowa; Thence
S00°59'54"E, along the East Line of the Northeas Quarter of the Southeast Quarter of
said Section 7, a distance of 278.35 feet, to the oint of Beginning; Thence continuing
S00059'54"E, 167.25 feet, to
accordance with the Plat I ere
of the Johnson County Record
said Stone Creek Subdivision,.
S00°59'54"E, along the West i
Southwest Corner thereof, and
the Northeast C mer of Stone Creek Subdivision, in
gf Recorded in P at Book 32 at Page 181 of the Records
;r's Office; The ce S89°00'06"W, along the North Line of
331.58 feet, o the Northwest Corner thereof; Thence
ne of said one Creek Subdivision, 394.12 feet, to the
e Point on a North Line of Auditor's Parcel 2009079, in
accordance with the Plat thereof Rec
of the Johnson County Recorder's'0
and the East Line of Stone Bridge
thereof Recorded in Plat Book 58 at
Recorder's Office, 49.25 feet; Then
Thence N47025'02"W, along said /
in Plat Book 54 at Page 219 of the Records
Thence S89°00'06"W, along said North Line,
tes - Part Eight, in accordance with the Plat
le 247 of the Records of the Johnson County
8009'37"W, along said East Line, 315.27 feet;
ie, and the East Line of Stone Bridge Estates -
Part Nine, in accordance with the lat thereof Recorded in Plat Book 59 at Page 400 of
the Records of the Johnson County Recorder's Office, 293.89 feet; Thence
N00001'04"E, along the East Lin of said Stone Bridge Estates - Part Nine, a distance of
348.01 feet, to the Northeast orner thereof, and a Point on the North Line of said
Northeast Quartof the So heast Quarter; Thence S89°58'56"E, along said North
Line, 174.79 feeter; Thence SO 01'04"W, 134.68 feet; Thence Southeasterly, 238.28 feet,
along a 150.00 foot radius c e, concave Northeasterly, whose 214.00 foot chord bears
S45°29'25"E; Thence N89° 0'06"E, 358.23 feet, to the Point of Beginning. Said Zoning
Parcel contains 4.83 Acres and is subject to easements and restrictions of record.
2. The Owner acknowledg that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Northeast District. Plan. Further, the parties
acknowledge that low Code §414.5 (2017) provides that the City of Iowa City may
impose reasonable nditions on granting a rezoning request, over and above the
existing regulations, ' order to satisfy public needs caused by the requested change.
N
3. In consideration f the City's rezoning the subject property; Ow{rer fees that
development oft subject property will conform to all other requires" of�e zory+�,q
chapter, as well s the following conditions: —+ as
C7 C N
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M M=
a+
ppdadMagVdraftcwdi6onal-zoningagreement-06.21.2018.doc
The general compliance with the number and types of units identified in the proposed
concept plan [Attachment 1], to ensure compatibility with the existing neighborhood
and development pattern;
b. The dedication of approximately 12 feet of public right-of-way along Taft Avenue to be
dedicated to the City at the time of final platting;
c. A detailed landscaping plan to ensure adequate buffering along Taft Avenue and
enhance views and privacy at the southwest corner of the RM -12 zoned area;
d. The creation of an outlot along the northwest portion of
connection at the time of platting; and
e. The dedical
south at the
4. The Owner and i
conditions to im
conditions satisfy
of right-of-way to provide access to
of platting.
5. The Owner and City
sold, redeveloped, or
Conditional Zoning Ac
property to provide the trail
single-family property to the
acknowledge that the conditions contained herein are reasonable
on the land under Iowa Code §414.5 (2017), and that said
hip needs that are caused by the requested zoning change.
that in the event the subject property is transferred,
all redevelopmgnt will conform with the terms of this
6. The parties acknowledge that this Conditional oning Agreement shall be deemed to be
a covenant running with the land`�nd with tit to the land, and shall remain in full force
and effect as a covenant with title 1p the la d, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that thi ,agreement shall inure to the benefit of and bind
all successors, representatives, and as igns of the parties.
The Owner acknowledges that not ng in this Conditional Zoning Agreement shall be
construed to relieve the Owner fro complying with all other applicable local, state, and
federal regulations.
8. The parties agree that this C ditional Zoning Agreement shall be incorporated by
reference into the ordinance re oning 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 Owner's expense.
Dated this day of
City of Iowa City
Jim Throgmorton, Mayor
ppdadnVagVdrafl<ondidonal-zoning-agreement-06.21.2018.do 3
20
Rollins Pass Development, L.L.C.
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BY:
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Attest:
Kellie Fruehling, City Clerk
Approved by:
City Attorney's Office
City of Iowa City Acknowledgement:
State of Iowa )
)ss\Johnson County )
0
This instrument was acknowledg d before me on
Throgmorton and Kellie Fruehling as or and City CIE
State of
County of
This record was acknowledged before
Rollins Pass Development, L.L.C..
20_ by Jim
of the City of Iowa City.
N a\\ry P lic in and for the State of Iowa
(Starrl or Seal) o
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Title n ank)
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ent:
I (gate)
of individual(s) as
(type of authority, su�o as officer or trustee) of
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
ppdadMagUdrafta ditionabzoning-agreement-06,21,2018.do 4
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N.
Looking west from Taft Avenue towards Ralston Creek tree line
Looking south from Lower West Branch Road towards the adjacent single-family
home in the County (obscured by trees)
Looking southwest at the adjacent single-family neighborhood from the
intersection of Lower West Branch Road & Taft Avenue
Northeast District Plan
i liyi
IB
..eft.
.�.......'
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Lindemann Hills
Single -family
Encourages housing diversity
Contemplates townhomes and multi -unit buildings at major
intersections
Planning Commission
Recommendation
The Planning Commission recommends approval of REZ18-0005
subject to the following staff recommended conditions:
General compliance with the submitted concept plan in terms of
number of units and type of housing
Provision of approximately 12 feet of ROW along Taft Avenue to
be dedicated at the time of platting
Detailed landscaping plan at the time of platting to ensure
adequate buffering along Taft Ave and in the proposed RM -12
area
Creation of an outlot along Ralston Creek to provide the trail
connection at the time of platting
Provision of roadway access to the single-family property to the
south
N
NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR THE
INFLUENT CHANNEL MODIFICATIONS 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 Influent Channel Modifications Project in said city at 7:00 p.m. on the 17th day of July,
2018, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street
in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk.
Said plans, specifications, form of contract and estimated cost are now on file in the office of the
City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons.
Any interested persons may appear at said meeting of the City Council for the purpose of making
objections to and comments concerning said plans, specifications, contract or the cost of making
said improvement.
This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by
law.
KELLIE FRUEHLING, CITY CLERK