HomeMy WebLinkAbout1993-03-02 Ordinance
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Date: March 1, 1993
To: City Council and City Manager, Iowa City
From: Jeff Davidson, Transportation Planner -,..t(
Re: Adequacy of American Legion Road In Vicinity of Proposed Windsor Ridge
Annexation Area
The following Information will summarize the adequacy of American Legion Road In the vicinity
of the proposed Windsor Ridge annexation area. Specifically, this Is the section of American
Legion Road between Scott Boulevard and Taft Avenue. Staff's position is that American Legion
Road Is adequate to handle the traffic impacts of the proposed Windsor Ridge annexation area.
Descrlpllon
There have been several statements about American Legion Road being "another Rohret Road."
There are actually significant differences between the two roads. American Legion Road is a
Portland Cement Concrete surface which has been overlaid with asphalt. Rohret Road Is not
technically a paved surface; It Is an oiled chlpseal surface which Is relatively dust.free, but It does
not have the structural capabilities of a paved surface, As such, Rohret Road requires much
greater annual maintenance expense than does American Legion Road.
American Legion Road Is an old 18' state highway pavement which was overlaid and widened
to 22' by Johnson County In 1982. The public rlght-of.way Is 66' wide. The 1990 average dally
traffic volume was 1,520, It Is considered to be In reasonably good condition. An asphalt overlay
generally has approximately a 15.year lifespan, so major rehabilitation or reconstruction may be
required by 1997.
Design
American Legion Road Is a rural cross.sectlon design with graded shoulders and drainage
ditches. This design Is similar to Rohret Road or Melrose Avenue between West High School and
Highway 218. Inlersectlng streets and driveways are accommodated through the use of culverts
through lhe dralnageway. There are currently no plans by any public entity to upgrade American
Legion Road to urban design standards, Urban design standards Include the use of curb and
gutter with storm sewer to control drainage.
Sidewalks are likely to become an Issue as development occurs, as they have on Rohret Road
and the rural cross.sectlon portion of Melrose Avenue. There are currently no sidewalks on
American Legion Road east of Scott Boulevard. It Is dlfficuitto add sidewalks to a rural cross.
section road because of the drainage ditch, Requests for sidewalks on American Legion Road
will hasten the pressure to reconstruct to urban standards.
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Capacity
As a rural connecting link to Iowa City, this section of American Legion Road which connecls to
Muscatlne Avenue has been evaluated In the JCCOG Arterial Street Pian. The existing two-lane
capacity Is currently adequate, and Is projected to remain adequate for at least the short.range
(10 year) future if not longer.
Sight Distance
Sight distance refers to the length of roadway visible to a driver, The design of Intersections
along an arterial street should provide as much sight distance as possible. The location of the
two collector streets proposed for the Windsor Ridge development which will Intersect American
Legion Road appear to have adequate sight distance. The most constrained sight distance is to
the east from the east collector street. This sight distance Is approximately 1,300 feet, or Slightly
more than double the minimum suggested sight distance for a 60 mile per hour major street.
Sight distance at the Intersection of Taft Avenue and American Legion Road Is not optimal. Sight
distance Is approximately 500 feet to the east, or approximately the minimum suggested for a 50
mile per hour major street. When this Intersection Is improved to urban design standards, the
grade will be changed and sight distance Improved. These calculations were made from scale
drawings, and any further Investigation should be verified wllh field data,
Accident History
The accident history for the American Legion Road corridor between Scott Boulevard and Taft
Avenue was examined. A total of six accidents were recorded for the three-year period 1989 to
1991. The accident rate for this corridor Is approximately average for the state secondary road
system. One of the six accidents resulted In two fatalities when a southbound vehicle on Taft
Avenue ran the stop sign and was broadslded by a vehicle on American Legion Road,
There was a third fatality in this area In 1992 when a single vehicle traveling west on American
Legion Road left the roadway.
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City of Iowa City
MEMORANDUM
DATE: February 25, 1993
TO: Mayor and City Council
FROM: Marian K. Karr, City Clerk
RE: Windsor Ridge Petition
Please include this additional petition into the packet distributed at the 2/23 Council meeting.
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'f(): Honorable Mayor and City Colmcil
Iowa City, Iowa
We, the undersigI)ed, being the owners of twenty percent or IOOre either
of the area of the lots included in such proposed change, or of those imnediately
adj acent in the rear thereof extending the depth of one lot or not to exceed
two hundred feet therefrom, or of those directly opposite thereto, extending
the depth of one lot or not to exceed two hlmdred feet from the street frontage
of such opposite lots do hereby protest the rezoning of the fOllowing property:
jV/l1dsor ;;:df6
'Ibis petition is signed and acknowledged by each of us with the intention
that such rezoning shall not becane effective except by the favorable vote of
at least tl1ree:-fourths of all the lIBllbers of the council,in accordance with
13414.5 of the Code of Iowa.
\ By,7J(~"N,n4~
HI6 *,/;"wa JI' i-t:?/'l-V
D.vners(s) of/
8/0 1z?/f-U/Clt/ !-a/!6
Property Addfess
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JOHN3JN CXlJNI'Y )
s;t. 13
On this;} / day of C, 'Iutd" ,1999", before me, the lmdersigned. a Notary
Public and for said ty d State, personally appeared ~Af~C,
and ~, to me known to be the identical persons n in and
who execut the within and foregoing instrwnent and acknowledged that they
executed the 'same as their voluntary act and deed.
srATE OF IOWA
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Public in and for the State of Iowa
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By::i2~(;)~
USA II. WELLS
I.IY COMMISSION EXPIRES
NoveirlJer3,1991
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d I j, ;;,1' t()a. y L(M E.
D.vners(s) of
rfl6 h:rwa y 61/ Q
Property Address
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JOIIN&N CXJlJNI'Y )
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On this ZI day of '<;1"'11/'/"'1'1/ , 19?!t, before me, the undersigned, a Notary
Public in and for said Cclmty and' State, personally appeared Pa~!:I MM.p~-'1
and I to me known to be the identical persons named in,8'ld
who lexecuted the within' and foregoing instrwnent and acknowledged that tliey
, ex6<!~ted :~~e same as their voluntary act and deed.
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srATE OF I(JIIA
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HOTICE Of PU8LIC HEARING
Notice II hereby given tIIIt I public helring will be held by
the CIty Cooocll of Iowl CIty,lowI, 1\ 7:30 p.m. on the 23rd
day of February, 1893, In the Civic Center Cooocil
Chambers, 10wI City, IoWI; 1\ which horlng the Council will
cOflllder the following Iternl:
1. A reaolutlon Ipproving the voluntary lmexatlon of In
Ipproxlmate 19.1 B Icre tract of Ilnd loceted louth Ind
east of the intersection of Sunset Streetlnd Hlghwey 1
West.
2. An ordinance emending the Zoning Ordinance to
conditionally change the use regulations 01 en
epproxlmate 19.18 acre parcelloCllted louth end east of
the Intersection of Sunset Street end Highway 1 West
from the County designations of C,2, Commercial. end
A.l, Rural, to CI,I, Intensive Commercial, or e
combination of CC.2. Community Commercial, end CI.l,
Intensive Commercial, upon ennexation,
3, A resolution emending the Iowa City Comprehensive Plan
by incerporating revised growth policies for Iowa City
into the Plan,
4, A resolution approving the voluntary ennexation 01 an
approximate 240 acre tract, known as Windsor Ridge
Development end located east 01 Scott Park. south of
Lower West Branch Road. and nonh 01 American Legion
Road,
5, An ordinance amending the Zoning Ordinance to
conditionally change the use regulations of an
approximate 240 acre tract, known es Windsor Ridge
Development end located east of Scott Park, south of
Lower West Branch Road. and nonh 01 American Legion
Road, from the County designation RS. Suburban
Residential, to RS'5, Low Density Single.family
Residential,
6, An ordinance amending the Zoning r !dinance by
adopting Section 36.10,5, the Neighborhood
Conservation Residential Zone (RNC.1 21,
7. An ordinance amending the Zoning Ordinance by
changing the use regulations of propeny loceted in the
RM.12 lone In the general vicinity of Johnson Street on
the west. Clapp Street on the east, Market Street on the
nonh and Jefferson Street on the south from Low
Density Multi,Famlly Residential (RM'1 21 to the
Neighborhood Conservation Residential Zone IRNC,1 21,
@ An ordinance amending the Zoning Ordinance by
changing the use regulations of a 70.05 acre tract,
located nonh of Rohrel Road. between Hunlers Run and
Southwesl Estates subdivisions, trom ID,RS, In Ie rim
Development Single.Family Residential. to RS.5. Low
Density Single,Family Residential.
:'... ..8,..,6.n ordinance amending the Zoning Ordinance by
changing the use regulations of a 14,25 acre tracl,
located nonh of Rohret Road. between Hunters Run end
Southwest Estates subdivisions. from ID,RS, Interim
Development Single'Famiiy Residential, to p. Public,
Copies 01 the proposed resolutions and ordinances are on
file for public examination In the office of the City Clerk,
Civic Center. Iowa City, Iowa, Persons wishing to make their
views known for Council consideration ere encouraged to
appear at the above.mentioned time and place,
MARIAN K, KARR. CITY CLERK
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CONDITIONAL ZONING AGREEMENT
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THIS AGREEMENT Is made by and between Kennedy.Hllgenberg Enterprises (hereinafter
'Owner"), and the City of Iowa City, a Municipal Corporation (herelnafte,r 'City').
WHEREAS, Owner has requested the City to rezone approximately 71 ,os acres of land located
north of Rohret Road between Hunters Run and Southwest Estates Subdivisions from ID.RS,
Interim Development Slngle.Famlly Residential, to RS.S Low Density Slngle.Famlly Residential;
and
WHEREAS, Iowa Code ~ 414.5 (1991) provides that the City of Iowa City may Impose reasonable
conditions on granting Owner's rezoning request, over and above existing regulations, in order
to satisfy public need directly caused by the request change; and
WHEREAS, the 1989 Update of the Comprehensive Plan considers development of the subject
area as out-of.sequence; and
WHEREAS, the Public Works Department has determined that development of this area will
require an upgrade of the Westside Trunk Sewer.
NOW, THEREFORE, In consideration of the mutual promises contained herein, the Parties agree
as follows:
I
Kennedy.Hilgenberg Enterprises Is the owner and legal title holder of an approximately
71.05 acre tract of land located north of Rohret Road between Hunters Run and
Southwest Estates Subdivisions, more particularly described as follows:
Commencing at the Southwest Corner of Section 16, Township 79 North,
Range 6 West of the Fifth Principal Meridian; thence NOO"53'42"E, 374.89
feet along the west line of the Soulhwest Quarter of said Section 16 to a
point on the centerline of Rohret Road and the point of beginning, Thence
NOO"53'42"E, 2265.59 feet along said west line, said line also being the
easterly line of Southwest Estates, Parts 1 through 4, to the Northwest
Corner of the Southwest Quarter of said Section 18; thence N01 '06'12'E,
616.40 feet along the west line of the Northwest Quarter of said Section
18; thence S69'23'40"E, 1541,02 feet; thence SOO"I9'07'W, 595.28 feet to
a point on the north line of Hunter's Run Subdivision; thence S6go47'3ZW,
223,35 feet to the Northwesterly Corner of Hunter's Run Subdivision;
thence S01'23'49'W, along the west line of Hunter's Run Subdivision
1961.15 feet to a point on the centerline of Rohret Road; thence
S77'02'16'W along said centerline 1197.92 feet; thence southwesterly
152.43 feet along said centerline on a 1910.00 foot radius curve, concave
southeasterly, whose 152,36 foot chord bears S74'45'OTW to the point of
beginning, Said tract of land contains 65.3 acres, more or less, and is
subject to easements and restrictions of record, and excluding the
following:
Commencing at the Southwest Corner of Section 18, Township 79 North,
Range 6 West of the Fifth Principal Meridian, thence NOO"53'42"E, along
the west line of the Southwest Quarter 374,69 feet to a point on the
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centerline of Rohret Road; thence Northeasterly 152.43 feet, along said .
centerline on a 1910.00 foot radius curve, concave southeasterly, whose
152,36 foot ~hord bears N74045'07'E; thence N7-r02'16'E, 221.44 feet
along said centerline to the point of beginning: thence NI2'57'44'W,
135.39 feet; thence N02'17'44'W, 160.43 feet; thence NOO'53'42'E, 749.06
feet along a line parallel with the west line of the Southwest Quarter;
thence S89'31 'oo"E, 675,85 feet; thence SOt'23'49'W, 412.19 feet; thence
S24008'31'W, 147.59 feet; thence SI3<13'45'W, 109.0t feet; thence
SQ1042'03"E, 1 09.1 0 feet; thence S12'37'44"E, 141.32 feet to a point on the
centerline of Rohret Road; thence S77"02't 6'W, 806.75 feet along said
centerline to the point of beginning. Said tract of land contains 14.25
acres, more or less, and Is sUbJect to easements and restrictions of record.
2. The Parties acknowledge that development of the above-descrlbed land is considered
out-of.sequence under the residential development sequence schedule set forth in the
1989 Comprehensive Plan Update and, therefore, subject to the developer paying the
costs associated with the development of the subject tract.
3. The Parties acknowledge that development of the subject tract will require an upgrade
of the Westslde Trunk Sewer and the Owner therefore agrees to certain conditions over
and above City regulations to lessen the Impact of the development on the area.
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4. In consideration of the City's rezoning of the subject property from ID.RS, Interim
Development Single. Family Residential, to RS.5, Low Density Slngle.Famlly Resldentlai,
the Owner agrees that development and use of the subject property will conform to the
requirements of the RS.5 zone, as well as the following additional conditions:
A. Owner shall pay all costs associated with development of the above.descrlbed
land Including the costs of streets, sidewalks, water mains, sanitary sewer, storm
sewer, and storm water detention. Owner further agrees to pay those out-of.
sequence costs typically subsidized or reimbursed by the City Including those for
oversized water mains, sanitary sewer lines and storm sewer lines and the cost
of overwldth paving.
B. Owner shall pay a pro rata share of the cost to upgrade the Westslde Trunk
Sewer. The City Engineer will calculate the Owner's pro rata share of the sewer
upgrade for the approximately 71.05 acres described above based upon a service
area of approximately 700 acres.
C. No building permits for lots on the property described above will be Issued until
the upgrade of the Wests Ide Trunk Sewer Is completed.
D. After completion of the Wests Ide Trunk Sewer upgrade, Owner may obtain
building permits for no more than 52 lots on the property described above prior
to December 31, 1995, or the upgrade of Rohret Road, whichever occurs first.
The 52 lots for which building permits may be Issued must be located contiguous
to the public school site.
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5. The Owner acknowledges that the conditions contained herein are reasonable conditions
to impose on the land pursuant to ~ 414.5 (1991) and that said conditions are appropriate
to satisfy public needs directly caused by the requested zoning change.
6, The Owner acknowledges that In the event the subject property Is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running
with the land and with the \I\Ie to the land, and shall remain In full force and effect as a
covenant running with the title to the land unless or until released of record by the City.
The Parties further acknowledge that this Agreement shall Inure to the benefit of and bind
all successors, representatives and assigns of the Parties.
8, The Owner acknowledges that nothing In this Agreement shall be construed to relieve the
Owner from complying with all applicable local, state and federal regulations.
9. The Parties agree that this Conditional Zoning Agreement shall be Incorporated by
reference Into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded In the Johnson County
Recorder's Office.
Dated this
day of
,1993.
CITY OF IOWA CITY, IOWA
KENNEDY.HILGENBERG ENTERPRISES
By:
Darrel G. Courtney, Mayor
By~l&J'J .
Attest:
Marian K. Karr, City Clerk
STATE OF IOWA
JOHN~ON GOUNTY
)
)SS:
)
On this day of , 1993, before me,
I a Notary Public In and for the State of Iowa, personally appeared
Darrel G. Courtney and Marian K. Karr, to me personally known, and, who, being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing Instrument Is the corporate seal of the corporation, and that
the Instrument was signed and sealed on behalf of the corporation, by authority of its City
'131
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Council, as contained In Ordinance No. passed by the City Council on the
day of ,19-, and that Darrel G. Courtney and Marian
K. Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by II voluntarily executed.
Notary Public In and for the State of Iowa
I:
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
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On this .J.. day of March, 1993, before me, the undersigned, a Notary Public In and for the State
of Iowa, personally appeared Jerry Hilgenberg, to me personally known, who being by me duly
sworn did say that he Is a partner In Kennedy-Hilgenberg Enterprises executing the within and
foregoing Instrument, that said Instrument was signed on behalf of the partnership by authority
of its Partnership Agreement; and that Jerry Hilgenberg as partner acknowledged the execution
of the foregoing Instrumenlto be the voluntary act and deed of the partnership, by it and by him
voluntarily executed.
ppdadmln\kennedy.cza
Approved By
'-I1)f1f/Ak (~<6~
_ City Attorney's ce 3/;;/93
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ORDINANCE NO,
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CONDITIONALLY CHANGING THE USE REGULATIONS OF
APPROXIMATELY 19.18 ACRES LOCATED EAST OF THE
INTERSECTION OF HIGHWAY 1 AND SUNSET STREET
FROM COUNTY COMMERCIALIC.21 AND RURALIA.ll TO
INTENSIVE COMMERCIALICI.ll.
WHEREAS, the subject property Is presently loceted
outside the 10 a City corporate limits; and
WHEREAS, he owner of said property has petitioned the
City of Iowa ty for voluntary annexation and the City Is
proceeding wit same; and
WHEREAS. pu suant to Iowa Code 1368.7. annexation of
the property mus be approved by both the City and the city
development boar: and
WHEREAS, the roposed Intensive Commercial ICl )
zoning subject to c rtaln conditions is compatible wit the
adjacent commercial nd Industrial zoning and develo ment:
and
WHEREAS, Iowa la provides that the City 0 Iowa City
may Impose reason ble conditions on anting the
Applicant's rezoning quest, over and ove existing
regulations, In order to s isfy public needs lIectly caused by
the requested change; a
WHEREAS, the City ha a policy to reserve and enhance
the entranceways to Iowa City, 10 ; and
WHEREAS, Highway 1 i the p. mary entrance into Iowa
City from the southwest: a d
WHEREAS, the Applican as agreed to develop this
property In accordance wit the terms and conditions of a
Conditional Zoning Agree en In order to ensure appropriate
development at this en nee 0 the city,
NOW. THEREFORE 8E IT ORDAINED BY THE CITY
COUNCIL OF THE OF 10 A CITY. IOWA THAT:
E TI N I APP VAL, Subje t to the city development
board approving he requested nexation of the property
described belo into the City of 10 a City and subject to the
terms and editions of the Condl onal Zoning Agreement
and 1414, ,Iowa Code, the proper y Is hereby reclassified
from Its esent classification of Co nty Commercial IC.2)
and Rur (A.1) to Intensive Commer 'aIICI.l):
Commencing at the Northwe t Corner of
the Northwest Quarter of ction 21.
Township 79 North. Range 6 st, of the
6th Principal Meridian; Thence
S89'48'37'E, a recorded bearln , along
the North Line of said Northwest Q arter of
Section 21, 492,80 feet, to a point on the
Southeasterly Right.ol.Way line 0 Iowa
Primary Roed No, 1, which Is the POI r OF
BEGINNiNG; Thence S89'48'37'E, alpng
said North Line of the Northwest Quarter, of
Soction 21, 826.66 feet, to the Northoa~t
Corner of the Northwest Quarter of saW
Northwest Quarter of Section 21: Thenc~\
SOl '47'41'W, along the East line of said \
Northwest Quarter, 683,50 feet, to Its
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Ordinance No,
Page 2
ATTEST:
CITY CLERK
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Ordinance No,
Page 3
Approved by
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