HomeMy WebLinkAbout2020-01-21 OrdinanceItem Number: 11.b.
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CITY OE IOWA CITY
www.iogov.org
January 21, 2020
Ordinance conditionally rezoning approximately 35.29 acres of land located
north of American Legion Road and east of Eastbrook Street from County
Residential (R) zone to Interim Development - Single Family Residential (ID -
RS) zone. (REZ19-09) (Pass & Adopt)
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Description
PZ Staff Report wAttachments
P&Z Minutes
Ordinance & CZA
STAFF REPORT - UPDATED
To: Planning & Zoning Commission
Item: ANN19-01/REZ19-09
GENERAL INFORMATION:
Prepared by: Ray Heitner, Associate Planner
Date: October 17, 2019
Updated: November 7, 2019
Applicant: Allen Homes, Inc.
PO Box 3474
Iowa City, IA 52244
319-350-8238
allenhomesinc@gmail.com
Contact Person:
Same as Applicant
Property Owner: Hieronymous Family Partnership, LLC
3322 Muscatine Avenue
Iowa City, IA 52240
Requested Action:
Annexation & Rezoning
Purpose: Annexation of 35.29 acres of land currently in
unincorporated Johnson County and rezoning it
from the County Residential (R) zone to Interim
Development — Single -Family Residential (ID -RS).
Location: East of Eastbrook Street and north of American
Legion Road
Location Map:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
K
35.29 acres
Farmland, County Residential (R)
North: P-1 — Neighborhood Public (Parkland)
South: R — County Residential (Farmland and
Religious Space)
East: RS -5 - Low Density Single -Family
Residential (Residential)
West: P-1 — Neighborhood Public (Parkland)
RM -12 - Low Density Multi -Family
Residential (Residential)
Iowa City/Johnson County Fringe Area
Agreement
District Plan: Southeast District Plan — Low/Medium Single -
Family Residential and Duplex; Medium/High
Density Single -Family Residential and
Townhouse
Neighborhood Open Space District
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
SE3
July 25, 2019
N/A since associated with an annexation
The applicant, Allen Homes, Inc., with the consent of the owners, Hieronymous Family
Partnership LLC., is requesting annexation and rezoning of 35.29 acres of property located
east of Eastbrook Street and north of American Legion Road. The applicant has requested
that the property be rezoned from County Residential (R) to Interim Development Single -
Family (ID -RS) for the entire 35.29 acres.
This area is located adjacent to Iowa City's current boundary and within Fringe Area B of
Johnson County's Fringe Area Agreement with Iowa City. The Southeast District Plan
shows this area within the City's growth area with a future land use of low/medium single-
family residential and duplex housing at a density of 2-8 dwelling units per acre. A western
portion of the property (shown below in Figure 1.0) is shown as having medium/high
density single-family residential and townhouse housing at a density of 8-13 dwelling units
per acre.
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
3
Fiqure 1.0 - Subiect Property within the Southeast District Plan Map
The applicant has chosen to not use the "Good Neighbor Policy" for this annexation and
rezoning. A subsequent rezoning will be necessary before the property is platted and
developed, at which time, staff would encourage the developer to hold a "Good Neighbor"
meeting.
ANALYSIS:
Annexation: The Comprehensive Plan has established a growth policy to guide decisions
regarding annexations. The annexation policy states that annexations are to occur
primarily through voluntary petitions filed by the property owners. Further, voluntary
annexation requests are to be reviewed under the following three criteria. The
Comprehensive Plan states that voluntary annexation requests should be viewed positively
when the following conditions exist.
1. The area under consideration falls within the adopted long-range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the City's
Zoning Map. The subject property is located within the City's long-range growth boundary.
The boundary is located about 1 mile east of the subject property.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City. The Comprehensive Plan encourages growth that is
contiguous and connected to existing neighborhoods to reduce the costs of providing
infrastructure and City services. The subject property is bordered by the city limits on the
west, north, and east sides. Therefore, the subject property is contiguous to current
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
Southeast District - Plan Map
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The applicant has chosen to not use the "Good Neighbor Policy" for this annexation and
rezoning. A subsequent rezoning will be necessary before the property is platted and
developed, at which time, staff would encourage the developer to hold a "Good Neighbor"
meeting.
ANALYSIS:
Annexation: The Comprehensive Plan has established a growth policy to guide decisions
regarding annexations. The annexation policy states that annexations are to occur
primarily through voluntary petitions filed by the property owners. Further, voluntary
annexation requests are to be reviewed under the following three criteria. The
Comprehensive Plan states that voluntary annexation requests should be viewed positively
when the following conditions exist.
1. The area under consideration falls within the adopted long-range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the City's
Zoning Map. The subject property is located within the City's long-range growth boundary.
The boundary is located about 1 mile east of the subject property.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City. The Comprehensive Plan encourages growth that is
contiguous and connected to existing neighborhoods to reduce the costs of providing
infrastructure and City services. The subject property is bordered by the city limits on the
west, north, and east sides. Therefore, the subject property is contiguous to current
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
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development and meets the goal of contiguous growth.
The Southeast District Plan pays specific attention to the subject area, calling it out as an
area that has been bypassed by past development in favor of leapfrog development to the
north and east. Within the subject area, the Southeast District Plan calls for single-family
and duplex residential development at low to medium densities, with some room for
medium/high density single-family residential and townhouse style development on the
property's west end. Development of this area will provide more efficiency for city services
and supply needed connections to existing surrounding development.
The proposed annexation will help to accomplish the City's larger goal of fulfilling the need
for expanded housing options to accommodate the City's growing population. Because of
this need, staff is recommending that as a condition of the rezoning, the developer satisfy
the Comprehensive Plan's amended Annexation Policy, as stated in Resolution 18-211. The
amended policy requires annexation of land for residential use of 10 or more dwelling units
satisfy the City's goal of creating and maintaining a supply of affordable housing by
providing affordable units equal to 10% of the total units in the annexed area, with an
assurance of long-term affordability.
3. Control of the development is in the City's best interest. The property is within the
Growth Area. It is appropriate that the proposed property be located within the city so that
residents of future development may be served by Fire, Police, water, and sanitary sewer
service. Annexation will allow the City to provide these services and control zoning so that
the subject area remains compatible with the Comprehensive Plan.
For the reasons stated above, staff finds that the proposed annexation complies with the
annexation policy.
Zoning: The subject property is currently zoned County (R) Residential. This zone allows for
single-family residential dwellings to be built in the subject area. Because of the subject
area's location in Iowa City's Fringe Area within the growth boundary, all development in
this area must be constructed to City standards and it is unlikely that development would
occur prior to annexation.
The applicant is requesting rezoning of the subject property to Interim Development Single -
Family (ID -RS) for all 35.29 acres of the property. The purpose of the Interim Development
zone is to provide areas of managed growth in which agricultural and non -urban land uses
can continue until the City is able to provide services to support development. Under this
zoning, the only use that is permitted by right is agriculture. The applicant is currently
exploring options for subdividing and developing the property. Because the proposed
layout of the property is still undetermined, interim zoning is appropriate for this property.
Sanitary Sewer and Water: The developer will be required to pay a water main extension
fee of $456.75 per acre before public improvements are constructed. The subject property
is located outside of the sewer tap -on fee district, and will not be required to pay sanitary
sewer tap -on fees. There is a stormwater detention easement over the northwestern
portion of the property. It is anticipated that any future development will mostly be located
outside of this easement area.
Environmentally Sensitive Areas: The subject property does not contain any
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
5
environmentally sensitive features. The northern and western portions of the property
are located in the 100 and 500 -year flood plains.
Access and Street Design: To match existing right-of-way located to the west and east of
the subject property, staff is recommending that as a condition of the rezoning, the
developer dedicate 17 feet of additional right-of-way to the City when the property is
platted for future development. As the City performs road improvements to American
Legion Road over the next several years, staff is recommending another condition to
allow for the conveyance of a temporary construction easement to the City along the
north side of American Legion Road.
Since the proposed rezoning is only for Interim Development Single -Family residential
(ID -RS), the applicant does not yet have a design for street access and interior street
connectivity on the subject property. These designs will become available for analysis
upon subsequent rezoning and platting of the property.
NEXT STEPS:
Pending recommendation of approval of the proposed annexation and rezoning from the
Planning and Zoning Commission, the City Council will hold a public hearing. Before the
public hearing, utility companies and non -consenting parties will be sent the application via
certified mail. Pending approval of the annexation by the City Council, the application for
annexation will be sent to the Secretary of State's Office for final approval and
acknowledgement.
STAFF RECOMMENDATION:
Staff recommends approval of ANN19-01 and REZ19-09, a voluntary annexation of
approximately 35.29 acres and a rezoning from County Residential (R) to Interim
Development — Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion
Road to be dedicated to the City at the time of final platting.
3. Conveyance of a temporary construction easement to the City along the north side of
American Legion Road.
ATTACHMENTS:
1. Aerial Map
2. Zoning Map
3. Location Map
4. Applicants Statement
5. Temporary Construction Easement Map
Approved by: S,
e e Sitzman, AICP
Department of Neighborhood and Development Services
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
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An application submitted by Allen Homes,
Inc. for the annexation of 35.29 acres of
property located East of Eastbrook St and North
of American Legion Rd and rezoning of the subject
property from County Residential (R) to Interim
Development - Single -Family Residential (ID -RS).
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An application submitted by Allen Homes,
Inc. for the annexation of 35.29 acres of
property located East of Eastbrook St and North
of American Legion Rd and rezoning of the subject
property from County Residential (R) to Interim
Development - Single -Family Residential (ID -RS).
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said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a
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in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the
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South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01 °31'04"W,
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East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89°45'05"E,
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accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the
Records of the Johnson County Recorder's Office; Thence S00°50'20"E, along said
West Line, and the West Line of Windsor West - Part One, in accordance with the
Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson
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County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor
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Section 18; Thence N89°26'40"W, along said South Line, 1169.60 feet, to the Point
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of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to
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Applicant Statement:
The property is proposed to be annexed and zoned as part of Iowa City, in order to meet the
continuing demand for residential housing. The property is adjacent to Iowa City corporate
limits, and within the growth area. With the pending American Legion Road reconstruction
project, urban infrastructure will be in place to serve this and surrounding properties.
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MINUTES FINAL
PLANNING AND ZONING COMMISSION
NOVEMBER 7, 2019 — 7:00 PM — FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs, Billie Townsend
MEMBERS ABSENT:
STAFF PRESENT: Sarah Hektoen, Jesi Lile, Anne Russett
OTHERS PRESENT: John Yapp, Nicole Neal West, Siobhan Harman, Paul Esker,
Steve Gordon, Mike Pugh, Cordell Braverman, Ousainou Keita,
Gina Landau, Adam Jablaski
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 7-0, the Commission recommends approval of ANN19-01 and REZ19-09, a
voluntary annexation of approximately 35.29 acres and a rezoning from County Residential (R)
to Interim Development — Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion Road to be
dedicated to the City at the time of final platting.
3. Conveyance of a temporary construction easement to the City along the north side of
American Legion Road.
CALL TO ORDER:
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NOS. ANN19-01 AND REZ19-09:
Applicant: Allen Homes, Inc.
Location: North of American Legion Road and east of Eastbrook Street
An application submitted by Allen Homes, Inc. for an annexation and rezoning from County
Residential (R) to Interim Development — Single -Family Residential (ID -RS) for approximately
35.29 acres of land currently in unincorporated Johnson County and located north of American
Legion Road and east of Eastbrook Street.
Russett began the staff report showing a location map of the property, the property is currently
in the County zoned residential, it is surrounded by the City. To the north it is zoned P (where
there is a City park), to the east there is single family, to the west is multifamily and to the south
Planning and Zoning Commission
November 7, 2019
Page 2 of 5
is more single family. The property is located in the Fringe Area B, which is inside the City's
growth boundary, and the proposed rezoning is to Interim Development Single -Family
Residential. That zone allows very low density single-family, it also allows plant related
agricultural uses such as row crops and some other non-residential uses (allowed provisionally
or through special exception). Russett noted an additional rezoning will be required before any
platting or development of this site takes place.
The applicant did not hold a good neighbor meeting, but staff will recommend a good neighbor
meeting be held upon the next rezoning. Staff has forwarded this application to the Johnson
County Board of Supervisors and the Scott Township Trustees and neither have expressed
concerns regarding the annexation or the rezoning.
The project site is located in the Southeast District Plan area, which again is within the City's
growth boundary. In terms of intended future land use Russett noted the majority of this site is
intended for low to medium single family residential and duplex housing at a density of 2-8
dwelling units per acre. A small western portion of the site allows for medium to high density
single-family residential and townhouse housing at a density of 8-13 dwelling units per acre.
Staff uses three criteria to review annexation requests. The area under consideration falls
within the adopted long-range planning boundary. (1) A general growth area limit is illustrated in
the Comprehensive Plan and on the City's Zoning Map; (2) Development in the area proposed
for annexation will fulfill an identified need without imposing an undue burden on the City and;
(3) Control of the development is in the City's best interest. Regarding the first criteria, the
subject property is located within the City's long-range growth boundary and surrounded by City
property. In terms of the second criteria, the Comprehensive Plan encourages growth that is
contiguous and connected to existing neighborhoods. The subject property is bordered by the
city limits on the west, north, and east sides. The property is specifically highlighted in the
Southeast District Plan as an example of leapfrog development to the north and east. The
proposed annexation will allow for implementation of the City's affordable housing policy upon
development of the site. Therefore, staff is recommending the satisfaction of this requirement
as a condition of the rezoning. For the third criteria, that control of the development is in the
City's best interest, this annexation will allow for contiguous provision of City services such as
Fire, Police, water, and sanitary sewer service. The City has an interest in administrating zoning
in this area to make sure that the objectives of the Comprehensive Plan are met.
Russett reiterated the requested rezoning is to ID -RS, Interim Development Single -Family.
Agricultural and nonurban uses can be continued within this zoning until the property is
developed. Because the applicant is still exploring options on how to develop and subdivide the
property this interim zoning designation is appropriate. In terms of sanitary sewer and water, the
developer will be required to pay a water main extension fee of $456.75 per acre before
development. The subject property is located outside of the sewer tap -on fee district, and will
not be required to pay sanitary sewer tap -on fees. The subject property is located within 100
and 500 -year flood plains. In terms of access and street design, to match existing right-of-way
located to the west and east of the subject property, staff is recommending that as a condition of
the rezoning, the developer dedicate 17 feet of additional right-of-way to the City when the
property is platted for future development. As the City performs road improvements to American
Legion Road over the next several years, staff is recommending the developer pay 12.5%
improvement costs to the American Legion Road frontage. Staff is also recommending another
Planning and Zoning Commission
November 7, 2019
Page 3 of 5
condition to allow for the conveyance of a temporary construction easement to the City along
the north side of American Legion Road for the reconstruction of American Legion Road. The
improvements will extend from Scott Boulevard on the west side all the way to Taft Avenue on
the east side. The City is looking at installing a roundabout at the intersection of Scott
Boulevard and American Legion Road, the improvements will also include buffered bike lanes, a
10 -foot sidewalk along the north side of American Legion Road and a 5 -foot sidewalk along the
south side as well as a grade -separated crossing at Hoover Elementary School. In terms of the
City's timeline, the City is currently trying to acquire property in this area and may bid this
project in spring 2020 but it may be pushed to fall 2020 or winter 2021.
The role of the Commission in this rezoning and annexation is to determine if it satisfies the
conditions as stated in the Comprehensive Plan, whether the proposed annexation and
rezoning falls within the growth boundary, whether if development in the area proposed will fill
an identified need, and whether control of development in the City's best interest.
In terms of next steps, after the Planning and Zoning Commission makes a recommendation,
the City Council will hold a public hearing. Before the public hearing, utility companies and non -
consenting parties will be sent the application via certified mail. Pending approval of the
annexation by the City Council, the application for annexation will be sent to the Secretary of
State's Office for final approval and acknowledgement.
Staff recommends approval of ANN 19-01 and REZ19-09, a voluntary annexation of
approximately 35.29 acres and a rezoning from County Residential (R) to Interim Development
— Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion Road to be
dedicated to the City.
3. Conveyance of a temporary construction easement to the City along the north side of
American Legion Road.
Hensch sought confirmation that, since this was an ID rezoning, this property would definitely
come back before the Commission prior to development. Russett confirmed the Commission
would see it again when it is rezoned for development.
With regard to the improvements to American Legion Road, Hensch noted it is in the five-year
road plan. Russett confirmed that is correct and the latest the project would be bid is winter
2021.
Hensch noted to the west is a water detention area to combat flooding and asked if this property
was outside of that flooding area. Russett said a portion of that water retention area is in the
project site so that area will have to remain an outlot and not be developed.
Baker asked when this application comes back before the Commission on the next rezoning it is
possible the entire project could be developed at the higher density that is allowable in the
western portion. Russett stated that is not possible. When the applicant requests the rezoning,
they may just request one zone district but it is possible to request two zone districts, having the
Planning and Zoning Commission
November 7, 2019
Page 4 of 5
western portion at a higher density
Hensch opened the public hearing.
John Yapp (930 4th Avenue) is representing Allen Homes, the applicant, he wanted to speak
about the temporary construction easement that staff has recommended. Yapp said he talked
with staff about (and it's not reflected in the report) if his project moves faster than the American
Legion Road project they would grade that area where the temporary construction easement is
to meet both their purposes and the City's purposes. This would potentially reduce, or
eliminate, the size of that temporary construction easement and this was something staff was
agreeable to and would put in the conditional zoning agreement.
Hensch asked if the area was currently being row cropped. Yapp confirmed it was. Hensch
asked it was being farmed by the owner or leased. Yapp replied it was leased. Hensch asked
what the CSR was for the property. Yapp is unsure of the CSR.
Hensch asked about the flooding area. Yapp said there was a floodway easement
approximately where the 100 -year flood plain is. Hench noted that in the 1993 flood that whole
area was under water.
Hensch closed the public hearing.
Parsons moved to recommend approval of ANN19-01 and REZ19-09, a voluntary
annexation of approximately 35.29 acres and a rezoning from County Residential (R) to
Interim Development — Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion
Road to be dedicated to the City.
3. Conveyance of a temporary construction easement to the City along the north
side of American Legion Road.
Townsend seconded the motion.
Baker asked about the next steps and what was meant by "non -consenting parties" to the
annexation. Russett noted that is not applicable in this case, it is only required if there are any
non -consenting landowners that don't want to be annexed. In this case all of the parties are
consenting.
Parsons feels this application makes sense for the overall development along American Legion
road. Signs agreed.
Baker went on record to say he feels it will end up being higher density than what is discussed
here, but that can be reviewed at the next stage of rezoning.
A vote was taken and the motion passed 7-0
I�,b
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ19-
09)
Ordinance No. 20-4818
Ordinance conditionally rezoning approximately 35.29 acres of land
located north of American Legion Road and east of Eastbrook Street
from County Residential (R) zone to Interim Development - Single -
Family Residential (ID -RS) zone. (REZ19-09)
Whereas, the applicant, Allen Homes, Inc., has requested a rezoning of property located at
Eastbrook Street and American Legion Road from County Residential (R) to Interim Development
Single -Family Residential (ID -RM); and
Whereas, the Comprehensive Plan, specifically the Southeast District Plan, indicates that the
subject area is appropriate for residential development; and
Whereas, the applicant is still investigating options for property development; and
Whereas, interim zoning allows for managed growth until utilities are identified and the land is
platted; and
Whereas, the Planning and Zoning Commission has determined that, with reasonable
conditions regarding satisfaction of these public needs through the provision of affordable
housing, the dedication of 17 -feet of right-of-way and a temporary construction easement along
the American Legion Road frontage, the requested zoning is consistent with the
Comprehensive Plan; and
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein,property described below is hereby reclassified from its current zoning
designation of County Residential (R) zone to Interim Development Single -Family Residential (ID -
RS) zone:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line
of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner
of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along
the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof,
and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in
accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the
Johnson County Recorder's Office; Thence S89"26'59"E, along said South Line, 373.32 feet, to
the Southeast Corner thereof; Thence N01031'04"W, along the East Line of said Parcel 1, a
distance of 756.10 feet; Thence N20°10'51"E, along said East Line, 209.78 feet; Thence
N50°29'32"E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence
N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in
Ordinance No. 2n-4si s
Page 2
accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the Records of the
Johnson County Recorder's Office; Thence S00°50'20"E, along said West Line, and the West
Line of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50
at Page 266 of the Records of the Johnson County Recorder's Office, 1910.78 feet, to the
Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the
Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 1169.60
feet, to the Point of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to
easements and restrictions of record.
Section II. Zoning Mao. 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 by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owners)
and the City, following passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all
as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
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 unconstitutional.
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 21st day of January 2024
a or
Approv y: � q
Attest: f _ �
City I� City Attorney's Office
Ordinance No. 20-4818
Page .
It was moved by Thomas —and seconded by Salih that the
Ordinance as read be adopted, and upon roll call there were:
AYES
NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration 12/17/2019
Voteforpassage: AYES: Mims, Salih, Taylor, Teague, Thomas,
Throgmorton, Cole. NAYS: None. ABSENT: None
Second Consideration
Vote for passage:
Thomas, Weiner.
01/07/2020
AYES: Bergus, Mims, Salih,Taylor, Teague
NAYS; None. ABSENT: None.
Date published 01/30/2020
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (REZ19-09)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Summit Ridge, LLC and Hieronymus Family Partnership, LLP (hereinafter
collectively referred to as "Owners"), and Allen Homes, Inc. (hereinafter "Applicant"),
Whereas, Owners are the collective legal title holders of approximately 35.29 acres of
property located at the northeast corner of Eastbrook Street and American Legion Road; and
Whereas, Owners and Applicant have requested the rezoning of said property from
County Residential (R) zone to Interim Development Single -Family Residential (ID -RS) zone;
and
Whereas, this rezoning creates public needs for affordable housing and the
enhancement of American Legion Road; and
Whereas, the Planning and Zoning Commission has determined that, with reasonable
conditions regarding satisfaction of these public needs through the provision of affordable
housing, the dedication of 17 -feet of right-of-way and a temporary construction easement along
the American Legion Road frontage, the requested zoning is consistent with the Comprehensive
Plan; and
Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, upon annexation of this land into the City of Iowa City, Owners agreed to
support the City's goal of creating and maintaining the supply of affordable housing by providing
affordable units equal to 10% of the total units in the annexed area with an assurance of long-
term affordability for a term of 20 years
Whereas, the Owners and Applicant agree to develop this property in accordance with
the terms and conditions of this Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. Summit Ridge, LLC and Hieronymus Family Partnership, LLP are the collective legal title
holders of the property legally described as:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79
NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA, DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5
West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along
the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to
the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof
Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's
Office; Thence N00033'49"E, along the East Line of said Eastbrook Flats Addition,
509.80 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1
of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof
Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's
Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to the Southeast
Corner thereof; Thence N01 031'04"W, along the East Line of said Parcel 1, a distance of
756.10 feet; Thence N20010'51"E, along said East Line, 209.78 feet; Thence
N50029'32"E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence
N89045'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in
accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the Records
of the Johnson County Recorder's Office; Thence S00050'20"E, along said West Line,
and the West Line of Windsor West - Part One, in accordance with the Plat thereof
Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's
Office, 1910.78 feet, to the Southwest Corner of said Windsor West - Part One, and a
Point on the South Line of the Northwest Quarter of said Section 18; Thence
N89026'40"W, along said South Line, 1169.60 feet, to the Point of Beginning. Said
Annexation Parcel contains 35.29 Acres, and is subject to easements and restrictions of
record.
2. Owners and Applicant acknowledge that the City wishes to ensure conformance to the
principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on
granting a rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owners and Applicant agree
that development of the subject property will conform to all other requirements of the
Zoning Code, as well as the following conditions:
a. Within seven days of execution of this agreement, Owners shall dedicate to the City,
with no compensation to the Owners:
i. that certain real estate described as "proposed right-of-way acquisition" and
"existing roadway easement to be acquired as right-of-way" on Exhibits 3-F and
4-F, attached hereto and incorporated herein by this reference, for right-of-way
along American Legion Road. Such dedication shall be in the form of a
warranty deed;
ii. a temporary construction easement for the area as shown on Exhibits 3-T
and 4-T, attached hereto and incorporated herein by this reference, in a form of
agreement approved by the City Attorney, to accommodate the American
Legion Road public improvement project; and
b Prior to issuance of a building permit, Owners shall execute an affordable housing
agreement committing to one or more of the following methods to satisfy the
Annexation Policy:
I. rent or sell 10% of the total units constructed on the above-described real
estate to income -eligible families for a period of 20 years from the date
certificates of occupancy are issued for each such affordable unit, to be
administered in accordance with Iowa City Code of Ordinance 14-2G-8, or a
similar state or federal affordable housing program; or
0
ii. convey 10% of the total units to the City or an affordable housing provider for
such affordable housing purposes; or
iii. the payment of a fee -in -lieu thereof to the City's affordable housing fund, in an
amount established by Resolution 18-213, approved on July 17, 2018, or, if said
resolution has been rescinded at the time Owners apply for a building permit, as
otherwise established by Council resolution.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. 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 with
title to the land, unless or until released of record by the City of Iowa City. The parties
further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties. In the event the subject property
is transferred, sold, redeveloped, or subdivided, all development will conform with the
terms of this Conditional Zoning Agreement.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners
or Applicant from complying with all other applicable local, state, and federal regulations.
7. 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 21stday of January , 202 .
City of Iowa City
B r.e Teague ayor
Attest:
Kelffe City Jerk
Approved by: 4L� �
`City Attorney's Office
City of Iowa City Acknowledgement:
State of Iowa )
) ss:
3
Summit Ridge LLC
By' J`tSs< /?4(i..,, lYtLN b» �Ms .bv
Hieronymus Family Partnership LLP
Allen Homes, Inc.
BY� .TGiS<- F}%fay��� r✓Ic�nr(xfjVtbrs.�..,r
Johnson County
This instrument was acknowledged before me on 0OLOUaI'M 2( 202-0 by Bruce
Teague and Kellie Fruehling as Mayor and C . Cler re�pe Ily he City of Iowa City.
Notary Public ink/and fo a State of Iowa
(Stamp or Seal)
�w"1�,r CHRISTINE OI.NEY
°+ �r Commission Num r
Title (and Rank) * � 8os232
„ M Commission Expires
Summit Ridge LLC Acknowledgement:
State of W /r
County of T° RN 5o✓1
This record was acknowledged before me on �!sJ�✓ 2 , 2019 by
.{
c fit[.. AI/o (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of Summit Ridge LLC.
L7 fOOL
Notary Public in and for the State of Iowa
EREK P 3rr110
(Stamp or Seal) Commission Number 736974
WOMy comnsssbn Expbas
Title (and Rank) 9 zn
My commission expires: tole, 5-11- i--0
I I
Hieronymus Family Partnership LLP Acknowledgement:
State of
County of `Sb4ibag�3J,J
This record was acknowledged before me on QAyb. �&t 2019 b
,�� Y
Sc�nri �keio���ty u3 (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of Hieronymus FaPartn rshf , LLP.
T� . I n„
Notary Public in and for the State of Iowa U
(Stam or Seal y MIRANDA HOLLOWAY
p ) 1,%%MIRANDA
Number 8143351
Title (and Rank) i -
My commission expires: QR;1 &12 -
. I
Allen Homes, Inc. Acknowledgement:
State of 11,
County of Y.tins>ti
This record was acknowledged before me onv� 4- - Zo 2019 by
Tss.- &4z ,, (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of Allen Homes, Inc.
Notary Pubic in and for the State of Iowa
(Stamp or Seal)
E=SrrTIGcommisMyC0 o
Title (and Rank)
My commission expires: I vSl v
Index Legend
Location;
111SW of NW, Section 18, Township 79 N, Range 5W
Requesior.
Cityof Iowa City -
Proprietor:
Summit Ridge, LLC_
Surveyor,
i Wesley Shimp
Surveyor
TO NA083(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
Company:
FOth Infrastructure & Environment, LLC
3950 River Ridge Drive NE, Suite A
Return To:
Ceder Rapids, IA 52402 318 365-9565
:1:141J =13 V1991TA@L;w
SUMMIT RIDGE, LLC
CIO TOM KAUT
250 HOLIDAY ROAD
CORALVILLE, IA 52241
BOOK 5795, PAGE 448
N
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ACQUISITION PLAT EXHIBIT 3-F
RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF IOWA CITY
AMERICAN LEGION ROAD
PARCEL3
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 18, THENCE SOUTH 89' 26'
30° EAST. 461 99 FEET ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 18 TO THE POINT OF BEGINNING: THENCE NORTH 00° 32'4 1' EAST, 60.22 FEET ALONG
THE EAST LINE OF AUDITOR'S PARCEL 2013043; THENCE NORTH 89° 30' 27" EAST, 389.65 FEET;
THENCE SOUTH 01' 32'47- EAST, 67.41 FEET TO THE SOUTH LINE OF SAID NORTHWEST
QUARTER; THENCE NORTH 89° 26' 30" WEST, 392.05 FEET ALONG SAID SOUTH LINE TO THE
POINT OF BEGINNING.
L POB
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N 89° 26 39 W 392 OS
-FND 518'111
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FOUND SECTION CORNER MONUMENT
/�1 SET SECTION CORNER MONIUMENT
0 FOUND 518- REROD WHELLOW CARRIES (UNLESS NOTED)
0 SET IQ- REROD WIORANGE CAPOC4243(UNLESS NOTE[
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LOT 1
SURVEY NOTE' ROAD CENTERLINE ESTABLISHED
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AND 1958 DOT ROAD PIAN IEC1
FIELD SURVEY COMPLETED: NOVEMBER
W[SLEY F. SHIM .L S. DATE
UEUU. Number. 14243
My Ikenea renewal dmu k DECEMBER 31, 2020.
Pegea or eEeEIA caro Ad by Mle seer.
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SURVEY FOR:
SAID TRACT CONTAINS 24,935 SQUARE FEET OR 0.57 ACRES MORE OR LESS, INCLUDING 18,306
SQUARE FEET OR 0.42 ACRES MORE OR LESS OF EXISTING ROAD EASEMENT, SUBJECT TO
/yf
EASEMENTS AND RESTRICTIONS OF RECORD.
410E WASHINGTON STREET
I
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED
IOWA CITU, IOWA 52240
TO NA083(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
PHONE: (319) 356-5000
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AND 1958 DOT ROAD PIAN IEC1
FIELD SURVEY COMPLETED: NOVEMBER
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My Ikenea renewal dmu k DECEMBER 31, 2020.
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SURVEY FOR:
CITY OF IOWA CITY
410E WASHINGTON STREET
Foth
SHEET
IOWA CITU, IOWA 52240
PHONE: (319) 356-5000
1 OF 1
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FOTH PROJECT NO. 18100300 DATE: 111111111
vmm'. alRassssrsa rexalsassasa
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
SURVEY NOTE. ROAD CENTERLINE
ESTABI ISHEO USING 1927IOOT ROAD PIANS
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END SAW IR
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SEC. 18-79-5 I2
END 5B"IR WNCAP#8165
0.64 NORTH OF ROW LINE
(SURVEY NOTE)
N 89' 3O 27'E 778 DO
`-� '
Index Legend
Location:
''. NW Section 18, Township 79 N, Range 5 W
PrA
AMERICAN LEGION ROAD
Re uestor:
City cf Iowa City -
Pro netor:
i Hieronymus Family Partnership LLP
Surveyor.
Wesley Shimp _
SUNeyOr
l�h
CompEv yy�,
Foth Infrastructure _& Environment, LLC _.
IOWA CITY, IA 52240
3950 River Ridge Drive NE, Suite A
Return To:
''.'Cedar Ra ids IA 52402 319 365-9565
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
SURVEY NOTE. ROAD CENTERLINE
ESTABI ISHEO USING 1927IOOT ROAD PIANS
(F-283BI AND 1968 [DOT ROAD PLAN (OW 0)
END SAW IR
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SEC. 18-79-5 I2
END 5B"IR WNCAP#8165
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(SURVEY NOTE)
N 89' 3O 27'E 778 DO
`-� '
ACQUISITION PLAT EXHIBIT4-F
RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF IOWA CITY
PrA
AMERICAN LEGION ROAD
410E WASHINGTON STREET
PARCEL4
PROPERTY OWNER:
IOWA CITY, IOWA 52240
HIERONYMUS FAMILY
LEGAL DESCRIPTION:
PARTNERSHIP, LLP
l�h
3322 MUSCATINE AVENUE
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP
IOWA CITY, IA 52240
79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
BOOK 4690, PAGE 537-540
MORE PARTICULARLY DESCRIBED AS FOLLOWS,
N
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 18, THENCE SOUTH 89'
26' 30' EAST 664.04 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF
Cede, Be", 1A Ptw'515
SECTION 16 TO THE POINT OF BEGINNING; THENCE NORTH 01° 32' 47" WEST, 67.41 FEET;
' —
THENCE NORTH 89° 30' 27" EAST, 778.00 FEET TO THE WEST LINE OF WINDSOR WEST PART
I
ONE SUBDIVISION; THENCE SOUTH 00° 50'06' EAST, 81.65 FEET TO THE SOUTH LINE OF
SAID NORTHWEST QUARTER; THENCE NORTH 89' 26'30' WEST, 777.38 FEET ALONG SAID
SOUTH LINE TO THE POINT OF BEGINNING.
o I¢m zea
LEGEI D I �
i
SAID TRACT CONTAINS 57,946 SQUARE FEET OR 1.33 ACRES MORE OR LESS, INCLUDING
FEET
44,722 SQUARE FEET OR 1.03 ACRES MORE OR LESS OF EXISTING ROAD EASEMENT,
.,.__.............. .. ........... __.._
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
SURVEY NOTE. ROAD CENTERLINE
ESTABI ISHEO USING 1927IOOT ROAD PIANS
(F-283BI AND 1968 [DOT ROAD PLAN (OW 0)
END SAW IR
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SEC. 18-79-5 I2
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0.64 NORTH OF ROW LINE
(SURVEY NOTE)
N 89' 3O 27'E 778 DO
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1 S -89V26- 30 E 854.04--
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Fol h
END SB IR
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—END 5AFIR
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BOTH PROJECT NO. 181003-00 DATE: 9f23t2019
LOT 1
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LEGEI D I �
FOUND SECTION CORNER MONUMENT
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SET SECTION CORNER MONUMENT
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FOUND NW REROD WNELLOW CAPa8t85 (UNLESS
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I' OUTLOTA �S
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I 6P�4I
FIELD SURVEY COMPLETED: NOVEMBER 2018
I Iwreby certify Mal this land a mrl document wee prepared and the
related survey Mak uaa Performed by me or under my dired WOonal
supervision and that I am a duly te¢nSal Ptufesalenal Land SuN uP
neuter the laws at
the Stale of Imva.
WESIEY F. bHIf.IP; P.L S. - c �'C` DATE
LCemae Number: 24243
My fiansa renewal data n DECEMBER 31. 2020.
Paye,, or eheela tweed by tNNe sea^l'
SURVEY FOR:
CITY OF IOWA CITY
410E WASHINGTON STREET
Fol h
SHEET
IOWA CITY, IOWA 52240
PHONE: (319) 3565000
l�h
1 OF 1
Foth Infirm,"cWre A EnNrormea d, LLC
3950 RWer Rd9e O,rve NE, Su b A
Cede, Be", 1A Ptw'515
BOTH PROJECT NO. 181003-00 DATE: 9f23t2019
Pnone: als_aas.ras ra.:am.assseal
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30" W 777 38 . e — }+1119.79 - —
END 518"IR a END BIT IN
WNCAP#8165
CENTER
SEC. 18-79-5
I' OUTLOTA �S
I
` PT
I � � LOT 1 SM
I 6P�4I
FIELD SURVEY COMPLETED: NOVEMBER 2018
I Iwreby certify Mal this land a mrl document wee prepared and the
related survey Mak uaa Performed by me or under my dired WOonal
supervision and that I am a duly te¢nSal Ptufesalenal Land SuN uP
neuter the laws at
the Stale of Imva.
WESIEY F. bHIf.IP; P.L S. - c �'C` DATE
LCemae Number: 24243
My fiansa renewal data n DECEMBER 31. 2020.
Paye,, or eheela tweed by tNNe sea^l'
SURVEY FOR:
CITY OF IOWA CITY
410E WASHINGTON STREET
Fol h
SHEET
IOWA CITY, IOWA 52240
PHONE: (319) 3565000
1 OF 1
Foth Infirm,"cWre A EnNrormea d, LLC
3950 RWer Rd9e O,rve NE, Su b A
Cede, Be", 1A Ptw'515
BOTH PROJECT NO. 181003-00 DATE: 9f23t2019
Pnone: als_aas.ras ra.:am.assseal
Prepared by Wesley Shimp, 3950 River Ridge Drive NE, Suite A, Cedar Rapids, IA 52402 Phone: 319-365-9565
TEMPORARY EASEMENT EXHIBIT 3-T
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF IOWA CITY
AMERICAN LEGION ROAD
PARCEL 3
PROPERTY OWNER:
SUMMIT RIDGE, LLC
C/O TOM KAUT
250 HOLIDAY ROAD
CORALVILLE, IA 52241
BOOK 5795, PAGE 448
r e�
T ��o
LOT 1
N 00° 32' 41" E 35.01' —
P08 —
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-POC —
—FIND CUT X
W114 CORNER
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 18, THENCE SOUTH 89° 26'30"
EAST, 461.99 FEET ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 TO
THE EAST LINE OF LOT 1 OF EASTBROOK FLATS ADDITION, AS RECORDED IN BOOK 58, PAGE 20 OF
THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORTH 00" 32 41" EAST, 43.22 FEETALONG
SAID EAST LINE TO THE NORTH RIGHT-OF-WAY LINE OF AMERICAN LEGION ROAD SE; THENCE
CONTINUING NORTH DO. 32' 41" EAST, 17.00 FEET ALONG SAID EAST LINE TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 00' 32' 41" EAST. 35.01 FEET ALONG SAID EAST LINE'
THENCE NORTH 89" 30'27" EAST, 388.37 FEET; TLIENCE SOUTH 01' 32' 47 EAST. 35.01 FEET; THENCE
SOUTH 89" 30' 2" WEST, 389.65 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 13,615 SQUARE FEET OR 0.31 ACRES MORE OR LESS, SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
FOR THE PURPOSE OF THIS DESCRIPTION. ALL BEARING AND DISTANCES ARE REFERENCED TO
NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
END 518"IR —'
SEC. 18-79-5�� WNCAP 47036
v�1lCy� , a
EV@ST�d+��L LOT 1
`NASI k
g.n
5
S 89° 26 30 E 2751.20'
LEGEND
A FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
FOUND ST- BLOOD `NRELLOW CAPA8165 (UNLESS NOTED)
Q SET ill' REROD WIORANGE CAP924243 (UNLESS NOTED)
(M) MEASURED DIMENSION
(R) RECORDED DIMENSION
I.R. IRON ROD
I.P. IRON PIPE
— - — - SECTION LINE
wu — RIGHT -OF `NAY LINE
------- EMOTING LOT LINE
>�L — PRDPERTYLINE
TEMPORARY CONSTRUCTION EASEMENT
SURVEY FOR
CITY OF IOWA CITY
410 E WASHINGTON STREET
IOWA CITY, IOWA 5224U
PHONE: (319) 356-5000
FOTH PROJECT NO. 181003-00 DATE; 4/1(V2019
FIND ""IR
WIOCAP #15749
RVP�
LOT z
END 516" IR
WIYCAP #9175
121
S 01° 32'41" E 35.01'
ROAD SE _
rr
F* ---- FNU 48"IRJ
WfVCAP NTER
FND 515749 CENTER
W/OCAP 615)49 '. SEC. 18-]9-5
LOT 1
LINE TABLE
LINE
LENGT Ii BEARING
LI
4122' M1'00°32'91"E
L2
ll.00' NOD °32'e.I"E
SURVEY NOTE ROAD CENTERLINE ESTABLISHED
USING 1927IDOT ROAD PI ANS (F -28&a)
ANC 1958 GOT ROAD PLAN (OLO #6)
FIELD SURVEY COMPLETED: NOVEMBER
Foth SHEET
Fath Inimstmcture 8 Environment, LLC 1 OF 1
IN. BI— NNE. DMe NE Suite A
ceder Reps, IA 511 zL 1515
11...: ]19991.9565 Fan; 91Y�"atiiJti31
Prepared by Wesley Shimp, 3950 River Ridge Drive NE, Suite A, Cedar Rapids, IA 52402 Phone: 319-365-9565
TEMPORARY EASEMENT EXHIBIT 4-T
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF IOWA CITY
AMERICAN LEGION ROAD
PARCEL4
PROPERTY OWNER:
HIERONYMUS FAMILY
PARTNERSHIP, LLP
3322 MUSCATINE AVENUE
IOWA CITY. IA 52240
BOOK 4690, PAGES 537540
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF
THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE WEST
ALONG THE SOUTH LINE OF
89" 26' 30" EAST 854.04 FEET
NORTH RIGHT-OF-WAY UNE OF AMERICAN LEGION ROAD SE; THENCE CONTINUING NORTH 0Y 32' 47° WEST, 'T00
FEET TO THE POINT OF BEGINNING; THENCE NORTH 01° 32'47' WEST, 35.01 FEET; THENCE NORTH 78" 50' 13"
EAST, 166.64 FEET; THENCE SOUTH 84'3T OP' EAST, 539.50 FEET; THENCE NORTH 89'30'27 EAST, 78.23
FEETTO THE WEST LINE OF LOT 6 OF WINDSOR WEST PART ONE; THENCE SOUTH 00" 50'06' EAST, 10.00 FEET
ALONG SAID WEST LINE: I HENCE SOUTH 89' 30'27" WEST, 778.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 29,381 SQUARE FEET OR 0.67 ACRES MORE OR LESS, INCI-USING THE PERMANENT
EASEMENT CONTAINING 300 SQUARE FEET OR 0.007 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NA083(2011) IA
SPCS SOUTH ZONE, US SURVEY FOOT.
FND 518" IR —
WKCAP#9715
>I
ill k 3
N q.5
L
CUTXCORNER POB
18-79-5
i
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SSU.
1
PERMANENT EASEMENT
50'13'E OVERLAPPING TEMPORARY
2666' S84°33'00"E 539.50' L4
F.v —S 89° 30' 27" W 778.00'-1— "I
I S89°264p04'-
_
END SAW IR FIND 5/8'IR
W10CAP#15749 W/OCAP#15749 h.^2 FND
LOT 2
LOT 1
LOT i
''. LEGEND CO
',.... A FOUND SECTION CORNER MONU.ENT
SET SECTION CORNER MONUMENT
FOUND SIB'WNELLOVN CAP#8165 REROD(UNLESS NOTED)
O SET SW REROD `NfPINK CAP422847(UNLESS NOTED) LINE 1ABLE
''.. (M) MEASURED DIMENSION UNE LENGTU SCAR NG
(R) RECORDED DIMENSIO.`I -1 SO d1' N,I3"a}Y
IF, IRONROD
I.P. IRONPIPE
)
-d 78.23' NB9"3027"t
- - --' SECTION GINE
— R.0 --- RIGHT-OFWAY LINE
EXISTING LOT LINE
— PY- — PROPERTYMNE
TEMPORARY CONSTRUCTION EASEMENT
Eful IS
OUTLOT A
_l IN
I
0 IPO 2P0
F117�
I It
I
NL
�z `O LOT 6
n
L5 FIND 0.64 NORTH
OF ROW LINE
!SURVEY NOTE)
x.. �Tt19 Z9
4
FIND 518' IS
WJYC5
CENTER 6
CENTER
SEC, 18-79-5
ES
Jy�2T LOT 1
t}P��II
._..
AREA BREAKOOnN
60 Fi
ACFES
TFNPORANT "ASFM"NT
PER^tM1N�NI �ASEMEN--
2933'
300
061
D OCI
iENPORARY NN PE
29,261
0.67
SURVEY NOTE ROAD CENTERLINE
ESTABLISHED USING 1927IDOT ROAD PLANS
INA"I AND 19681DOT ROAD PLAN (OLD #51
FIELD SURVEY COMPLETED: NOVEMBER2018
SURVEY FOR: Foth
CITY OF IOWA CITY
410E WASHINGTON STREET SHEET
IOWA CITY, IOWA 52240
PHONE: (319) 356-5000 Fath Infrastructure a EXVIFOMOenN LLC 1 OF 1
316 RNNRIA.OXve NE SidleA
CedoRaq^s.lA 50d023i15
FOTH PROJECT NO. 181003-00 DATE: 471712019 PM1"�: x:9-wsPsss Pa.:x�s ass scar
Item Number: 12.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
January 21, 2020
Ordinance repealing Ordinance No. 19-4793, a temporary moratorium on
new rental permits for single-family and duplex units. (Second
Consideration)
Prepared By: Susan Dulek, Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
Following a law passed last spring prohibiting the City from having a rental permit cap, Council
passed an ordinance issuing a temporary moratorium on new rental permits for single-family and
duplex units in certain neighborhoods to allow staff time to explore alternative strategies to mitigate
the impact of rental housing on such areas as neighborhood stability and affordable housing. The
moratorium automatically sunsets on March 1, 2020, and with the passage of the ordinances on
radon testing and single-family site development standards, the moratorium should be repealed
prior to its sunset.
Background /Analysis:
ATTACHMENTS:
Description
Ordinance
Jan 21 Correspondence - Beverly Brandt
Jan 21 Correspondence - Karen Hopp
Jan 21 Correspondence - Jean Gordon
Jan 21 Correspondence - Ralph Ramer
)2�_
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 20-4819
Ordinance repealing Ordinance No. 194793, a temporary moratorium
on new rental permits for single-family and duplex units.
Whereas, Ordinance No. 19-4793 established a temporary moratorium on new rental
permits for single-family and duplex units in certain neighborhoods to allow staff time to study
options to enhance and stabilize neighborhoods in light of the passage of HF 134 that prohibited
the City from enforcing its rental permit cap;
Whereas, Ordinance No. 19-4793 will sunset on March 7, 2020;
Whereas, with the consideration of an ordinance to require radon testing and mitigation and
an ordinance related to single-family site development standards, Ordinance No. 19-4793
should be repealed prior to its sunset date; and
Whereas, it is in the City's best interest to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Ordinance No. 19-4793, codified at Title 17, Chapter 15, is repealed.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision 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, as provided by law.
Passed and approved this 21st day of January , 2020.
.2.a
or
Attest: ��/ d - fl- Z1,
City CF rk City Attorney's Office
Ordinance No. 20_4,919
Page 2
It was moved by Mims and seconded by Salih
Ordinance as read be adopted, and upon roll call there were:
AYES
NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
that the
First Consideration 01/07/2020
Vote for passage: AYES: Teague, Thomas, Weiner, Bergus, Mims,Salih
Taylor. NAYS: None. ABSENT: None
Second Consideration _
Vote for passage:
Date published 01/30/2020
Moved by Mims, seconded by Taylor, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be
suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time.
AYES: Taylor, Teague, Thomas, Weiner, Bergus, Mims, Salih.
NAYS: None. ABSENT: None.
I support appropriate development that allows a more diverse demographic to live in my
neighborhood. This is the type of development that has been happening in our
neighborhood up until 938 Jefferson.
My name is:
I live at: / 2 1
My occupation is:
I have lived at this address for qC) years.
I live in a house with 2 bedrooms.
own rental property (circle). v n U -r-
Developers wanting to buy my property have approached me. _des --v/no
I moved to this neighborhood because:
I have done the following upgrades to my house:
I contribute to my neighborhood by....
L '
G, I- G % _
a.ti1--e, I,,-, � ,L � r a. r r u ,
1 vv -F
Comments
Please support our efforts. Thank you.
t, Beverly Brant
Bram
ro 121 Evans St.
5Iowa City, IA 52245-2613
'C)E-A:A'R RAV' VS ILA Z-2
0,2 N 2OW PM 2 L
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I support appropriate development that allows a more diverse demographic to live in my
neighborhood. This is the type of development that has been happening in our
neighborhood up until 938 Jefferson.
i
My name isG
I live at: -2 G N. cr,
My occupation is:
I have lived at this address for years.
I live in a house with Z bedrooms.
I do do not own rental property (circle).
Developers wanting to buy my property have approached me. ,_yes �:no
I moved to this neighborhood because.-/-
I have done the following upgrades to my house: f, �w i
I contribute to my neighborhood
Comments
Please support our efforts. Thank you.
NO
r
r
s ' r...�;:. z�^�s� - �;'.ate-+3.'�r.,?''"'-_. T `i. �'-s.�-o �. `�+`• „�/, c ��
Ms. Karen M. HoDD
26 N. Governor : f 0 -1A �'�� p 2. L
Iowa City, IA 52245^
REVER
6,
52240-1a2SI-0 fJill - Ili)if 41111111-11lfi,t���� 111 r 11111t) 111111s
I support appropriate development that allows a more diverse demographic to live in my
neighborhood. This is the type of development that has been happening in our
neighborhood up until 938 Jefferson.
Myname is: �c-A-,N 6,�ouN
I live at: 9 3 l JT
My occupation is: Frj PRO
c-� -<
=4' C-)
I have lived at this address for years. PI
I live in a house with '2- bedrooms.
I dodo no own rental property (circle).
Developers wanting to buy my property have approached me. ---yes ",,/no
I moved to this neighborhood because:
W,Oi A-141� A Ln 0 lc Q.,r 5 6\AAJZ
C�d-V-- fQ) d-o-t,�tnJvI Ck.,t,4 Uy«UC-r-t,
I have done the following upgrades to my house:
�LMV-146111A 0(
I contribute to my neighborhood by....
VIA CJ�01 CUP -40,
Comments
CeAJ�Z&
Please support our effor Thank you.
�k d\ -Q-
WAAA,
..� ,,,Q,���,✓i,�� �os,�(,�.re .
Jean K. Gordon
931 E Market St
Iowa City, IA 52245-2646
13 DA -M .212D PIN 2- 1-
+ FIRST-CLASS I USA +FIRST-CLASS/USA
1Ow a ce - cl
Ltiz)
�i::��C�'^"l���s�'� 'Ii#iii'Ili'1l'ir}t,ij}i}�:13}I►,�r�}�},I,�1}',it�l�l3111��111'tl�l
I support appropriate development that allows a more diverse demographic to live in my
neighborhood. This is the type of development that has been happening in our
neighborhood up until 938 Jefferson.
My name is: it� �eZcQiL
I live at: f,;7-1
My occupation is: L
j I
D d
I have lived at this address for 2,years.
CIO
I live in a house with 2 bedrooms.
-
I do o not wn rental property (circle).
Developers wanting to buy my property have approached me.X—Yes CT,
pp I J PAPA"
I moved to this neighborhood because:
I have done the following upgrades to my house: G
I contribute to my neighborhood by....44:--'-JP Ct,
1
Comments v
x�
Please support our efforts. Thank you.
CEDAR P-APIDS JA !-U12
13 --IA?4 -2020' PM 2- L
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to
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