HomeMy WebLinkAbout1993-05-11 Public hearing
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NonCE OF PUBLIC HEARING
Notice Is hereby given that a public hearing will
be held by the Cny Council of Iowa City, Iowa, at
7:30 P.M. on the 11th day 01 May, 1993, In the
Civic Center Council Chambers, Iowa City, Iowa;
at which hearing the Council will consider the
following nems:
1. An ordinance amending the Zoning Ordinance
by adopUng Section 36-82(d) to permn, on a
case.by-case basis, construction of a single-
family dwelling on a lot of record which falls to
meet the requirements of the zone for lot
area.
(2) 'An ordinance amending the Zoning Ordl-
l)/ nance by condnlonally changing the use
regulations from RS-5, Low Density Single-
Family Residential, to OPDH.5, Planned
Development Housing Overiay, and approv-
Ing an OPDH plan for an approximate 55,14
acre tract of land located west of scon Boule-
vard and north of the Iowa Interstate Railway.
Copies of the proposed ordinances are on file for
public examination In the oHlce of the Cny Clerk,
Civic Center, Iowa City, Iowa, Persons wishing
to make their views known lor Council consider-
ation are encouraged to appear at the above-
mentioned time and place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO.
ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF AN
APPROXIMATE 55.14 ACRE TRACT OF LAND
LOCATED WEST OF SCOTT BOULEVARD AND
NORTH OF THE IOWA INTERSTATE RAILWAY
FROM RS.5, LOW DENSITY SINGLE-FAMILY
RESIDENTIAL, TO OPDH.5, A PRELIMINARY
PLANNED DEVELOPED HOUSING (PDH) PLAN
FOR VILLAGE GREEN SOUTH. PARTS THREE-
EIGHT, IOWA CITY, IOWA.
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WHEREAS, Village Green, South, L.C.
(hereinafter 'Village Green"), has requested the
City to rezone an appropriate 55.14 acre tract
of land located west of Scott Boulevard and
North of the Iowa Interstate Railway from RS-
5, Low Density Single.Family Residential to
OPDH-5, a Preliminary Planned Development
Housing Plan IPDH); and
WHEREAS, the requested zoning change
would permit Village Green to construct a
planned housing devetopment of 84 zero lot
line dwellings and B3 detached single-family
residential dweilings while providing a 12,18
acre parkway inclUding pedestrian trails, usable
neighborhood open space and the required
stormwater detention facilities; and
WHEREAS, the Village Green South, Parts
Three-Eight development clusters the proposed
zero lot line dweilings in the south central
portion of the parcel with the conventional
single-family lots oriented towards major
streets within the development and located
adjacent to existing RS.5 zones to the north
and west to minimize the impact of the
proposed use modification on neighboring
conventionally developed land; and
WHEREAS, the density of the proposed
development is consistent with the density
designated for this area in the Comprehensive
Plan; and
WHEREAS, Iowa law provides that the City
of Iowa City may impose reasonable conditions
on granting an applicant's rezoning request,
over and above existing regulations, to satisfy
public needs directly caused by the requested
change; and
WHEREAS, the City wants to ensure the
appropriate allocation and suitability of
neighborhood open space and protection of
environmentally sensitive areas; and
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Ordinance No,
Page 2
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WHEREAS, Village Green has agreed to
develop this property in accordance with the
terms and conditions of a Conditional Zoning
Agreement to ensure appropriate urban
development on the eastern edge of Iowa City.
NOW, THEREFORE, BE IT ORDAINED BYTHE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. Subject to the terms
and conditions of the Conditional Zoning
Agreement as authorized by Iowa Code 1414.5
(1993). a copy of which is attached hereto and
incorporated by reference herein, and subject
to the approval of the final plat of Village Green
South, Parts Three-Eight, the property legally
described below is hereby reclassified from its
present classification of RS-5 to OPDH-5, and
the preliminary PDH plan submitted by Village
Green South. L.C. for Village Green South,
Parts Three-Eight is hereby approved:
That portion of the Northeast Quarter of
Section 24, Township 79 North, Range 6
West of the 5th Principal Meridian lying
East of Village Green South Part 2 as
recorded in Plat Book 18 at Page 67 of the
Records of the Johnson County Recorder's
Office; and North of the Northeasterly
Right-of-Way line of the former Chicago,
Rock Island and Pacific Railroad and West
of the Westerly Right-of-Way line of Scott
Boulevard, Said tract of land contains
55,14 acres, more or less, and is subject to
easements and restrictions of record,
SECTION II. VARIATIONS. The following
variations from the requirements of the RS-5
zone have been approved as part of this
preliminary PDH plan:
a. Zero lot line dwellings will be a permitted
use.
a. Modification of the minimum dimensional
requirements of the underlying zone will be
allowed to permit zero lot line development
on lots having less width and area than
required of conventional detached single-
family residential development In the RS-5
zone, The lots used for zero lot lines will
be clustered away from adjacent detached
single-family residential deveiopment, and
12.18 acres of open space will be provided
to offset the slightly increased density of
the areas of the tract designated for zero
lot line development.
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Ordinance No.
Page 3
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b. Oue to the single-family residential nature
of the structures that will be constructed
on this tract, the preliminary PDH plan
requirement concerning submission of
general building design sketches has been
waived,
SECTION III. ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the Zoning Map of the City of Iowa
City, Iowa, to conform to this amendment upon
final passage, approval and publication of this
ordinance as provided by law.
SECTION IV, CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance which shall be recorded at the Office
of the County Recorder of Johnson County,
Iowa.
SECTION V, CONDITIONAL AGREEMENT, The
Mayor is hereby authorized and directed to
sign, and the City Clerk to attest, the
Conditional Zoning Agreement between the
owner of the property and the City. and to
certify the Conditional Zoning Agreement for
recordation in the Johnson County Recorder's
Office, fOllowing passage and approval of this
Ordinance.
SECTION VI. REPEALER. All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION VII. 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 VIII. EFFECTIVE DATE, This
Ordinance shall be in effect after its final
passage, approval and publication, as provided
by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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Ordinance No.
Page 4
Approved by
11ft
5/1/ /13
City Attorney's Office
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It was moved by and seconded by
as read be adopted, and upon roll call1here were:
thallhe Ordinance
AYES:
NAYS:
ABSENT:
Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
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ORDINANCE NO.
ORDINANCE AMENDING THE ZONING
GRD/NANCE BY COND/TIONALL Y CHANGING
THE USE REGULATIONS OF AN
APPROXIMATE 55.14 ACRE TRACT OF LAND
LOCATED WEST OF SCOTT BOULEVARD AND
NORTH OF THE IOWA INTERSTATE RAILWAY
FROM RS-5. LOW DENSITY SINGLE-FAMILY
RESIDENTIAL. TO OPDH-5. A PRELl MINAR
PLANNED DEVELOPED HOUSING IPDHI PLA
FO VILLAGE GREEN SOUTH. PARTS THRE -
EI HT.IOWA CITY. IOWA.
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iIIage
Gre ,South, L,C., has requested th City to
rezo an appropriate 55.14 acre tr ct of land
locate west of Scott Boulevard d North of
the 10 a Interstate Railwav fr RS-5, Low
Density Singie-Familv Reside al to OPDH-5,
a Prelim ary Planned Dev opment Housing
Plan (PD I to permit planned housing
developme t of 84 zero t line dwellings and
83 detache Single-f~i V residential dwellings
while providi g a 12. acre parkway including
pedestrian tr 'Is, able neighborhood open
space and the re uired stormwater detention
facilities; and
WHEREAS, ; Village Green South, Parts
Three-Eight davel ment clusters the proposed
zero lot IInb dwe ings in the south central
portion ot'the par el with the conventional
single-fa~i1y lots rlented towards major
streets/within the d velopment and located
adjacent to existing R -5 zones to the north
and,/west to mlnimiz the impact of the
proposed use modi fica on on neighboring
c,onventlonally developed nd; and
i WHEREAS, the density of the proposed
:' development is consistent ith the density
i designated for this area in the Comprehensive
/ Plan: and
WHEREAS, Iowa law provides ~t the City
of Iowa City may Impose reasonable conditions
,
on granting the Applicant's rezoning request,
over and above existing regulations, to satisfy
public needs directly caused by the requested
change; and
WHEREAS, the City wants to ensure the
appropriate allocation and suitability of
neighborhood open space and protection of
environmentally sensitive areas; and
/
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Ordinance No,
Page ,2
WHEREAS, the Applicant has agreed to
develop this property in accordance with the
terms and conditions of a Conditional Zoning
Agreement to ensure appropriate urban
development on the eastern edge of Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. Subject to the terms
and conditions of the Conditional Zoning
Agreement as authorized by Iowa Code ~414,5
119881, a copy of which is attached hereto and
incorporated by reference herein, and subjec~/
to the approval of the final plat of Village Gre)l~
South, Pa s Three-Eight, the property Ie ally
described elow is hereby reclassified fr its
present cia sification of RS-5 to OPD 5, and
the prelimin rv PDH plan submitted y Village
Green Sout L.C. for Village Gr en South,
Parts Three-EI ht Is hereby appr ed:
That porti of the Nortt st Quarter of
Section 24, Township 7 North, Range 6
West of the 5th Princ' al Meridian lying
East of Villa e Gree South Part 2 as
recorded In PI Boo 18 at Page 67 of the
Records of the oh son County Recorder's
Office; and N of the Northeasterly
Right-of-Way Iig of the former Chicago,
Rock Island a~d cific Railroad and West
of the WestEJ!'IY RI ht.of-Way line of Scott
Boulevard. f'aid t ct of land contains
55.14 acrfS' more 0 less, and is subject to
easeme'}ls and restri tions of record.
N V RIA TI . The following
variations rom the requir ents of the RS-5
zone hale been approve as part of this
prellmtarv PDH plan:
a. Ze 0 lot line dwellings wi be a permitted
u e.
a. ~odiflcation of the minimu dimensional
(requirements of the underlyin z.one will be
allowed to permit zero lot line evelopment
on lots having less width and area than
required of conventional detached single'
family residential development in the RS-5
zone. The lots used for zero lot lines wlil
be clustered away from adjacent detached
single-family residential development, and
12,18 acres of open space wlil be provided
to offset the slightly increased density of
the areas or the tract designated for zero
lot line development,
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Ordinance No,
Page 3
b, Due to the single-family residential nature
of the structures that will be constructed
on this tract, the preliminary PDH plan
requirement concerning submission of
general building design sketches has been
waived,
SECTION III. ZONING MAP, The Building
Inspector is hereby authorized and directed to
change the Zoning Map of the City of Iowa
City, Iowa, to conform to this amendment upon
final passage, approval and publication of this
ordinance as provided by law.
SECTION IV, CERTIFICATION AND)'
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of thi
Ordinance w ich shall be recorded at the Offi e
of the Cou ty Recorder of Johnson Cou ty,
Iowa.
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MAYOR
This
ATTEST:
CITY CLERK
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Ordinance No.
Page 4
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, a municipal corporation
(hereinafter "City") and Village Green South, L.C., an Iowa Limited Liability Company
(hereinafter "Owner").
WHEREAS, Owner has requested the City to rezone approximately 55.14 acres of land from
RS-5, Low Density Single-Family Residential, to OPDH-5, Planned Development Housing
Overlay, and approve a Planned Development Housing (PDH) plan for property located west
of Scott Boulevard and north of the Iowa Interstate Railway; and
WHEREAS, Owner has applied to rezone the parcel from RS-5 to OPDH-5 to parmit a planned
housing development containing zero lot line dwellings, which are not permitted in the RS-5
zone; and
WHEREAS, Iowa Code ~414.5 (1991) provides that the City of Iowa City may impose
reasonable conditions on granting Owner's re ning request, OV9( and abova existing
regulations, to satisfy public naeds directly cau ed by the request cf change; and
WHEREAS, the City wants to ensure the approp iata allocation a a suitability of neighborhood
opan space and protection of anvironmentally ensitive area , and
WHEREAS, Owner acknowledges that certain condition and restrictions are reasonable to
ensure appropriate urban development on the astern ~ge of Iowa City.
NOW, THEREFORE,IN CONSIDERATION OF T E TUAL PROMISES CONTAINED HEREIN,
THE PARTIES AGREE AS FOLLOWS:
1.
Village Green South, L.C. is !he owner n legal titleholder of an approximately 55.14
acre tract of land located west of S ott oulevard and north of the Iowa Interstate
Railway, which property is more~ticul Iy described as follows:
That portion of the NOJ~east Qu rter of Section 24, Township 79
North, Range 6 wes~f the 5th Pri ipal Meridian lying East of Village
Green South Part 2 s recorded in Plat Book 18 at Page 67 of the
Records of the J~ son County Re order's Office; and North of the
Northeasterly Rig t-of-Way line of the former Chicago, Rock Island and
Pacific Railroad nd West of the We terly Right-of-Way line of Scott
Boulevard. Sai tract of land contains 5,14 acres, more or less, and is
subject to ea ements and restrictions 0 record.
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2.
The parties ackno ledge that the City desires to nsure appropriate allocation of open
space and to prJ ect environmentally sensitive a eas.
In conSiderati9~ of the City's rezoning of the SUbj~ct property from RS-5 to OPDH-5,
Owner agrees that development and use of the subject property will conform to the
requirements of the OPDH-5 zone and the conditions of the PDH plan, as well as the
fOllowing additional conditions:
3.
a) Prior to approval of the final plat and PDH plan, Owner shall document the
existence of state or federal jurisdictional wetlands exist on the site. Ir
protected wetlands exist within the proposed development, the applicant must
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demonstrate that the development. as designed. will not negatively impact the
wetlands.
bl Owner must construct the proposed walkways (trail) to conform with the
Americans with Disabilities Act (ADA) requirements. At a minimum, the trail
must be constructed at least eight feet in width. The trail must consist of a
minimum base of four inches of SI4-inch roadstone and a minimum topping of
three inches of S/S-inch base material (said materials to' be compacted).
c)
Owner must provide appropriate ground cover and landscape the parkway
according to plans approved by the City. These plans must be submitted to
and approved by the City prior to Council consideration of the final plat and
administrative approval of the final OPDK plan. If the City eems it in the
public interest to accept dedication of the 12.1S acre parkwa ,this dedication
must not be accepted until (a) e parkway improveme ts. including the
stormwater detention facilities, a e complete, and (b) c structiori has been
completed .on 90% of the lots ab tting the parkway.
d)
Basements are permitted within the subdivision, ubject to the following
conditions:
el
Basements may be constructed 0 are abutted by a subsurface
drainage system provided said base ents at equipped with a sump pump and
adequate foundation tile with disc arge) to said drainage system. Proper
installation of the sump pump and fo nd}ltion tile shall be the sole responsibility
of the developer andlor contractor, ~d the City shall not be responsible for
inspecting the installation of the sum pump and foundation tile. Discharge of
the roof drains and downspouts if dwellings into the subsurface drainage
system is prohibited. To ensu~re com liance with these provisions concerning
basements on lots abutted b a su surface drainage system. the property
owner's registered engineefS all cert fy the following:
i) There is no disch9(ge of roof d ins and downspouts of dwellings into
the property's subsurface drain ge system; and
The foundati~ile and sump pu p heve been properly installed to said
SUbSurfac~rainage system.
If a force mail upgrade is required, 0 ner must obtain surficient off.site
construction iasements prior to final plat a proval and final PDH plan approval.
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In addition,jOwner will enter into an agre ment with the City regarding the
installat;1 and cost sharing of the pro po d 12-inch water main on Scott
soulevai .
A Grading and Erosion Control Pian must be pproved by the Public Works
Department prior to Council consideration of the preliminary plat and PDH plan.
ii)
f)
g) The connection of Wintergreen Drive to Sterling Drive is prohibited until the
connection of Wintergreen Drive to the future Village Road extension is
completed.
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4.
Owner acknowledges that the additional conditions herein are reasonable conditions
to impose on the land pursuant to Iowa Code !414.5 and that said conditions are
appropriate, and satisfy public needs which are directly caused by the requested
change.
5. Owner acknowledges that in the event the subject property is transferred, sold,
redeveloped, subdivided, divided or split, all redevelopment will conform with the terms
of this Agreement.
6.
Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with the title to the land, and shall remain in full
force and effect as a covenant running with the title to the land unless or until released
of record by the City. The Parties further acknowledge that this Agreement shall inure
to the benefit and bind all successors, representatives and assigns oj the Parties.
The Owner acknowledges that nothing i this Conditional Zoning ~treement shall be
construed to relieve the Owner from c mplying with all applic tile local, state and
federal regulations.
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8. The Parties agree that this Conditional oning Agreemen shall be incorporated by
reference into the Ordinance rezoning the ubject property' and that upon adoption and
publication of the Ordinance, this Agree nt shall be re orded in the Johnson County
Recorder's Office.
Dated this
day of May, 1993.
CITY OF IOWA CITY
VILLAGE GREEN SOUTH, L.C.
y: Mitchell-Phipps Building & Design, Inc.
B
By
Oarrel G. Courtney, Mayor
Robert R. Mitchell, President
By
Attest: .
Marian K. Karr, City Clerk
obert R, Phipps, Secretary
STATE OF IOWA
JOHNSON COUNTY
On this day of , 1993, before me,
, 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
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of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in Ordinance 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 it voluntarily
executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
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On this day of , 1993, bef re me, the u dersigned, a Notary Public in
and for the State of Iowa, personally appeared Ro ert R. Mit ell and Robert' R. Phipps, to me
personelly known, who being by me duly swor did sa that they are the President and
Secretery, respectively, of Mitchell-Phipps Buildin & 0 Ign, Inc., an Iowa Corporation and
a member of Village Green South, L.C., an Iowa imi d Liability Company, executing the
within and foregoing instrument, that no seal has b e procured by the corporation; that said
instrument was signed on behalf of the corporat n as a membar of the Limited Liability
Company, by authority of said Limited Liability Co.m any's mambers and by the corporation's
Board of Directors: and that the said Robert ~(~i'tchall and Robert R. Phipps, as officers
acknowledged the execution of the foregoing)nstr ent to be the voluntary act and deed of
said corporation and Limited Liability Company, by aach of them voluntarily executed.
~.." Po ",', "d to< th. ,,,,,., 'ow,
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SUMMARY REPORT
April 15, 1993
To: City Council
From: Planning & Zoning Commission
Item: Application No. REZ 92-0017 and SUB 92-(}028: Village Green South, Parts Three-Eight
APPLICATION INFORMATION
Applicant:
James Anderson
335 S. Clinton St,
Iowa City, IA 52240
Preliminary OPD-H (OPDH-5) plan approval.
Request:
Location:
West of Scott Boulevard and north of the Iowa Interstate
Railway.
Existing Zoning:
RS-5, Low Density Single-Family Residential Zone,
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Proposal:
To construct S4 zero lot line dwellings and 83 detached single-
family residential dwellings on a 55.14 acre tract of land, The
zero lot line dwellings proposed for the site vary from the uses
permitted in the underlying RS-5 zone. In addition, the widths
and areas of the proposed zero lot line lots are less than the
minimum lot width and lot area required in the RS.5 zone,
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PLANNING & ZONING COMMISSION RECOMMENDATION
Date of Recommendation:
April 15, 1993.
Recommendation:
Approval, subject to
I. The upplienllt documenting whelher state or federal
Jurisdictional welIands exist on the site. If protected wet-
Innds exist within the proposed development, the appllennt
needs to demonstrate Ihat the development, as designed, will
notllegatlvely impaelthe welIands.
2. The typlenl section of the proposed walkways (Irall)
should conform to the Amerlenns with Disabilities Act (ADA)
requlremellls. At a minimum, the trail should be constructed
at lenst eight feet In widlh. The trail should consist of a
minimum base of four Inches of 3/4.lnch roadstone and a
topping of tbrce inches of 3/8-lnch base material; said
materinls to he compacted.
3. In nddllIon to the developer's obllgutlon to construct the
trnllns a condition of npproval of this plnnned development,
Ihe developer must provide appropriate ground cover and
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landscape the parkway according to plans approved by the
City. These plans should be submitted to and approved by
the City prior to Council consideration of the linal plat and
administrallve approval of the linal POll plan. If the City
deems it in the public interest to accept dedicallon of the
12.1S acre parkway, this dedlcallon should not be accepted
until (a) the parkway Improvements, including the storm.
waler detenllon facililles, are camplete, and (b) construellon
has been completed on 90% of Ihe lots abutting the parkway.
4. If basements are to be permitted within Ibe subdivision,
approval should be subject to Ihe following conditions:
The bnsements may be construcled on lots which are
abutted by a subsurface drainage system provided said
basements are equipped with a sump pump and adequate
foundallon tile wilh discharge into said drainage system.
Proper Installallon of the sump pump and foundallon tile
shall be the sole responsibility of tbe developer and/or
contractor, and the City shall not be responsible for Inspect.
Ing the inslallallon of the sump pump and foundallon tile.
Discharge of the roof drains and downspouts of dwellings
Into tbe subsurface drainage system is prohibited. To ensure
compliance with these provisions concerning basements on
lots abutted by a subsurface drainage system, the property
owner's registered englnecr shall certify the following:
a) There is no discbarge of roof drains and downspouts
of dwellings Into the property's subsurface drainage system;
and
b) Foundallon tile and sump pump have been properly
installed and connected to said subsurface drainage syslem.
5. If a force main upgrade is required, It will be the
developer's responsibility to obtain sufficient off.slte con.
slruclion easements prior to linal plat and linal PDH plan
approval. Additionally, the developer will be required to
enter into an agreement with the City regarding the Installa.
lion and cost sharing of the proposed 12.lnch water main on
Scott Boulevard.
6. A Grading and Erosion Control Plan must be submitted
and approved by the Public Works Department prior to
Cooncl\ consideration of tbis preliminary plat and PDII plan.
7. The conneclion of Wintergreen Drive to Sterling Drive
will be prohibited until the conneclion of Wintergrecn Drive
to tbe future Village Grecn Road cxlension is completed.
Recommended Varialion and Ralionale: The Commission finds a Use Modllication from the
applicable provisions of the Zoning Ordinance to be appropriate within the Village Green South, Parts
Three-Eight development, A zero lot line dwelling, which is a single-family dwelling with one or more
walls located on a side lot line which is not on a street or alley right-of-way line, is not a use permitted
in the RS-S, Low Density Single-Family Rcsidential zone, However, the proposed zero lot line dwellings
within the Village Green South, Parts Three.Eight development have been clustered in the south central
portion of the parcel and consideration has been given to orienting the conventional rcsidentiallots toward
the major streets within the development. These dcsign features will minimize the impact of the proposed
use modification on neighboring conventionally developed land.
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The Commission also finds the ModiliClllions to the Minimum Dimensional Requiremenls or tbe
Underlying Zone that are proposed within the development to be appropriate. The proposed zero lot line
lots will be both narrower and smaller than the minimum lot width and lot area dimensions required for
conventional development in the RS-S zone. The Commission has determined that these modificalions
from the requirements of the underlying zone will be mitigated by the design features already noted in
this report and by the proximity and accessibility of the zero lot line lots to proposed open space in the
development.
A proposed 12.IS acre parkway, which includes the stormwater storage facilities required of the
development, has been incorporated into the development. The linear quality of this parkway lends itself
to pedestrian trails which have been included in the development plan. These trails are expected to be
a neighborhood amenity and are also expected to appeal 10 residents outside the development. The
developer is required to construct a minimum eight-foot wide trail, to provide groundcover, and to
landscape the parkway according to plans approved by the City, and to meet the ADA requirements for
the parkway trails. Upon completion and City approval of the stormwater detention facilities and
completion of construction of 90% of the lots abutting the parkway, the City will accept the dedication
of the 12.1S acre parkway.
The Commission finds that the parking requirements within the development will not be reduced. A total
of two off-street parking spaces will be provided for each residence. Because of the single-family
residential nature of the structures that will be constructed on this parcel, the Commission has waived the
preliminary PDH plan requirement concerning submission of general building design sketches.
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STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Melody Rockwell
Item: REZ92.0017, SUB92.0028. Village
Green South, Parts Three-Eight
Date: March 18, 1993
GENERAL INFORMATION:
Applicant:
James Anderson
335 S. Clinton Street
Iowa City, IA 52240
Phone: 351-3355
Requested action:
Rezoning from RS.5 to OPDH.5 and
preliminary PDH plan and subdivision
plat approval.
Purpose:
Rezoning and preliminary platlOPDH
plan approval to accommodate 112
zero lot line dwellings within a 174-lot
single'family residential subdivision.
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Location:
Immediately west of Scott Boulevard
and north of the Iowa Interstate Rail.
way.
Size:
Approximately 55.14 acres.
Comprehensive Plan:
Residential; 2-8 dwelling units per acre.
Existing land use and zoning:
Undeveloped; RS.5,
Surrounding land use and zoning:
North - Undeveloped, single.family
residential, condominiums;
RS.5 and OPDH.5.
East. Manufactured housing park;
County RMH.
South. Iowa Interstate Railway, indus.
trial, vacant; 1-1.
West. Undeveloped, single-family
residential; RS-5.
Applicable regulations:
Zoning Ordinance, Subdivision Regula.
tions, Stormwater Management Ordi-
nance, and Grading and Erosion Control
Ordinance.
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File date:
February 24. 1993.
45-day limitation period:
April 12. 1993.
SPECIAL INFORMATION:
Public utilities:
A water line will need to be extended
along Scott Boulevard and a sanitary
sewer lift station and force main will
nead to be upgraded by the applicant to
serve this site.
Public servicas:
Municipal police, fire and sanitation
services will be provided for this devel-
opment.
Transportation:
Access to the developmant is via Scott
Boulevard or Sterling Drive and Dover
Street. Transit service is available on
the Towncrest Route at Village Green
Road via Scott Boulevard and Hampton
Street.
Physical characteristics:
The terrain slopes gently downward
from the northeast to the southwest.
There is a high water table and hydric
soils are present in this area.
BACKGROUND INFORMATION:
The applicent. James Anderson, is requesting a zone change from RS.5. Low Density Single-
Family Residential. to OPDH.5. Planned Development Housing. The preliminary plet indicates
that the 174-lot residential development would include 112 zero lot line dwelling units.
Detached single-family dwellings are permitted in the RS.5 zone. but attached single.family
residential units. such as zero lot line dwellings. are not. Therefore. a rezoning to OPDH-5 and
preliminary plat/OPDH plan approval are necessary for the development to accommodate zero
lot line dwelling units.
ANAL YSIS:
Densitv. At a density of 3.16 dwelling units per acre, the proposed zone change appears to
be in technicel compliance with the Comprahensive Plan designation for low density residential
development. However. the plan submitted is not competible with existing development to
the west and does not meet the intent of the OPDH zone to provide open space by clustering
development. It merely maximizes density on the site. With the exception of the 1,26 acres
area with limited access on the north portion or the tract. no more open space is provided
with this plat than would be obtained with a conventional subdivision. The wet bottom
stormwater detention basins and associated easements are requirad. no-build areas within the
subdivision. The zero lot line development proposed for Village Green South is not clustered
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due to environmentally sensitive areas or existing natural features, but is simply located
outside of the storm water management areas.
Staff raised these concerns in a series of discussions with the developer following submittal
of the original application in December 1992. The plat, as first submitted, contained only
Parts Three and Four or the Village Green South Subdivision; 20.72 acres located on the
eastern portion of the 55.14 acre tract. Instead of resolving the concerns raised by staff, the
plat, as resubmitted on February 24, 1992, for Parts Three through Eight, intensified the
concerns over the entire 55.14 acre tract. Staff considers that the OPDH-5 rezoning is being
requested as a means to increase the density on the tract, not to meet the intent of the OPDH
regulations. In effect, the developer is requesting de facto RS-8 zoning for nearly half of the
devolopable area of the tract. Because of the concerns cited above, and due to the high water
table and the presence of hydric soils on the site, any increase in density proposed for this
area should be viewed with caution.
OPDH Reouirements. The intent of the OPDH regulations is to "provide flexibility in
architectural design, placement and clustering of buildings, use of open space, provision of
circulation facilities and parking, and related site and design considerations." No elevations
have been submitted, so it is difficult to evaluate the architectural design of the residential
units that would be built on this tract.
As previously noted, the preliminary plat illustrates a conventional, not a clustered subdivision
layout. The area designated on the plat as a "proposed 11.28 acre parkway and storm water
management" area has no-build restrictions due to storm water easement requirements, not
due to environmentally sensitive conditions of the site, However, if wetlands are located on
this tract, the design of the subdivision may need to be altered to ensure their protection.
Based on the presence of hydric soils on this tract, staff has requested that the developer
verify whether there are federally designated wetlands on the site.
\
The proposed zero lot line development would not be as compatible with the existing single.
family development to the west as would standard single'family housing, and there is no
apparent bUffering of the existing residences to the west from the proposed higher density
development. Consideretion should also be given to increasing the depth of some of the lots
ebutting Scott Boulevard,
~. The site will be provided with only one eccess off Scott Boulevard. This is in
compliance with the policy of the Comprehensive Plan to limit access to Scott Boulevard.
Secondary access will be to the west via Sterling Drive and Dover Street.
Schools. The Comprehensive Plan also indicates that schools in the area are at capacity. This
is a situation that exists City-wide.
Ooen Soace. Mercer Park and, to a lesser extent, the South East Junior High School campus
appear to provide ample open space for this neighborhood. The proposed Neighborhood Open
Space Plan indicates that the Village Green Neighborhood Open Space District has a surplus
of open space of 3.19 acres. However, because Mercer Park and South East Junior High are
not centrally-located within the neighborhood, accessible, ~ open space is needed in the
southeast area of the Village Green Open Space District where this development is located,
The applicant is proposing to dedicate land containing the wet bottom storm water
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managament facilities on the south portion of the property for use as oassive. City-owned and
maintained open space. If this area Is1aft In Its natural state, as has baen recommended by
the applicant, it is doubtful that it would adequately serve as a suitable public neighborhood
open space, and may, in fact, impose a situation of liability and maintenance costs on the
City.
The Parks and Recreation Commission, howevar, in its review of the open space issues for
this application on March 10, 1993, did not want to preclude the possibility of accepting tha
stormwater management area as a public park/graenway. The Commission has requested the
opportunity to raviaw the situation in more depth prior to a final decision being mada on
whether the storm water detention facilities should be managed by the public or the private
sector. If the storm water area is to become public, pathways should be constructed by the
developer to provide alternative greenway connections between Scott Boulevard end
Wintergreen Drive, and e connection to the 1.26 acre parkway on the north portion of the
site. Additionally, if the parkway including the wet bottom storm water basins is to become
a public park, there needs to be a clear understanding that this area will not be accepted by
the City until the completion of construction within the subdivision.
It may ba more practical to consider combining the 1.26 acra parkway on the north portion
of the site with approximately two acras to the north when that part of Village Green is
developed. Tha Neighborhood Open Space Plan calculations ror this subdivision indicate that
1.26 acres should be designated for parkland. Access to and visibility of the potential park
site would need to be improved so it doesn't become an unkampt remnant of open space or
simply an extension of private yards.
Hioh Water Table. The high water table throughout the area will require extensive tiling of
the subdivision. Staff feels that the applicant should provide documentation on drainage and
soils conditions. Basements were prohibited in the area to the west in the Village Grean
South, Part Two Subdivision. If basaments are to be permitted in the Village Green South,
Parts Three-Eight Subdivision, conditions similar to those required for Whispering Meadows
and for the Iowa Realty project should be raquirad.
Grading and Erosion Control plans must be submitted for this subdivision. Praliminary
stormwater management calculations have been submitted and are being reviewed by the
Public Works Departmant. Elevations of the zero lot line residential structures planned for this
area must be submitted to fulfill the OPDH raquirements. The preliminary plat/OPDH plan es
submitted contains a number of deficiencies and discrepancies, which are listed at the end of
the staff report and should be corrected prior to approval.
With Village Green, Part XII, tha capacity of the lift station and rorca main was fully used.
The force main as well as the lift station on the south side of the tract must be upgraded by
the davelopar. The easement for the force main as it extends west of Part Eight may not have
sufficient width for construction. It is the developer's responsibility to obtain the off.site
construction easements prior to final plat approval. Additionally, tha daveloper will be
required to enter into an agreement with tha City ragarding the installation and cost sharing
of the proposed 12" water main on Scott Boulevard.
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STAFF RECOMMENDATION:
Staff racommends that the proposad zone change from RS-5 to OPDH.5, and the accompany.
ing preliminary platlOPDH plan for Village Green South, Parts Three through Eight, be denied.
DEFICIENCIES AND DISCREPANCIES:
1. The median design for the Wintergreen Drive entrance must be approved by the Public
Works Department. If thera are to be plantings on the median, a landscaping plan
should be submitted for approval by the City Forester and the City Traffic Engineer.
2. The name of the street off Wintergreen Drive is unclear: Rosefeld? Rosefield?
3. Arrows indicating the width between easement lines for the 15-foot wide tile line
easement along the south side of Lots 129.136, and 159-161 should be included on the
plan.
4. A Grading and Erosion Control Plan must be submitted and approved by the Public
Works Department.
5. The preliminary stormwater calculations have been submitted, but must be approved
by the Public Works Department.
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6. Building elevations per the OPDH requirements must be submitted.
ATTACHMENT:
1. Location Map.
ACCOMPANIMENT:
1. Preliminary PlatlOPDH Plan.
Approved by:
~~
Monica Moen, Senior Planner
Department of Planning and
Community Development
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City of Iowa City
MEMORANDUM
Date:
April!, 1993
To:
Planning & Zoning Commission
From:
Ae:
AEZ 92-0017. SUB 92-0028. Village Green South, Parts Three.Eight
\
At the March 18, 1993, Planning and Zoning Commission meeting, Commission Chair Tom
Scott summarized the concerns of the Commission, and requested that the developer address
these issues prior to the informal Planning and Zoning Commission meating on March 29,
1993: 1) the zero lot line structures abutting the AS-5 zone on Sterling Court should be
clustered towards the center of the development so as not to impact the eXisting single-family
residential development, 2) if the storm water areas are to become public, pathways should
be constructed by the developer to provide alternative greenway connections between Scott
Boulevard and Wintergreen Drive, and a connection to the 1.26 acre parkway on the north
portion of the site, 3) additionally, if the parkway, inClUding the wet bottom storm water
detention basins are to become a public park, there needs to be a clear understanding that this
area will not be accepted by the City until the completion of construction within the
subdivision, 4) the open space may be adequate, but provisions need to be made for the
integration of active uses with the passive nature of the storm water areas, 5) the 1.26 acre
open space to the north should tie in with the adjoining property to the north, or in lieu
thereof, the possibility of increasing the open space areas through expansion of the property
reserved for storm water management should be explored, 6) there needs to be language
addressing the permissibility of basements, 7) aeration equipment probably needs to be
installed in tha wet bottom storm water basins, 8) there should be some resolution of the
native prairie issue, and 9) the off-site construction easement required for the upgrade of the
force main should be reconciled.
On Thursdey, March 25, 1993, a revised plat was submitted for the Commission's
consideration, The major amendment to the plat was the conversion of zero-lot line lots to
single-family residential lots on the east and west sides of the westerly section of Aosefield
Driva. This directly addresses one concern of the Commission by pulling the zaro-lot line
development away from the existing single-femily development loceted to the west on Sterling
Court. The density or development has been reduced slightly. No other substentive revisions
were made to the plet.
Although the plat revision emeliorates the intensitl' of development, particulerly es it reletes
to existing single.family development to the west, the plat/OPDH plan does not meet the
intent of the OPDH zone to cluster development due to environmental considerations. As
noted in the March 18, 1993, staff report, with the exception of the 1.26 acres with limited
access on the north, no more open space is being provided than would be obtained with a
conventional single-family residential subdivision. The storm water detention areas ara
required to be provided by the developer. It should be emphasized that the clustering of
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dwelling units is not a prerequisite for the wet bottom detention basins and associated
easement areas to be dedicated for use by the public. This could be accomplished with a
conventional RS-S subdivision, such as was done with the Hunters Run Subdivision.
If the Commission is inclined to approve the preliminary plat/OPDH plan of Village Green
South, Parts Three-Eight, staff would recommend that certain issues be resolved and that the
approval be subject to specific conditions:
1. The applicant should document whether state or federal jurisdictional wetlands exist
on the site. If protected wetlands exist within the proposed subdivision, the applicant
should demonstrate that the development. as designed, will not negatively impact the
wetlands.
2. If the storm water detention easement areas are to become public, the developer should
a) delineate pathways on the plat to be constructed by the developer to provide
alternative greenway connections between Scott Boulevard and Wintergreen Drive, and
a connection to the 1.26 acre parkway on the north portion of the site, b) designate
a prairie buffer area on the plat along the south 50 feet of the storm water detention
area, and c) have a clear understanding that the wet bottom detention basins will not
be accepted by the City until the completion of construction within the subdivision.
The developer should also be aware that the landscaping plan required with the
submission of the final plat/OPDH plan should include a landscaping plan for the public
storm water detention area as well as the entrance median on Wintergreen Drive.
3. The 1.26 acre open space on the north part of the tract should be made more visible,
usable and accessible. preferably through negotiations with the property owner to the
north to add up to two additional acres of open space to the 1.26 acres. This would
create an accessible, centrally.located, optimally-sized neighborhood park site, and
thereby enhance the ~ open space available within the Village Green and Village
Green South subdivisions.
4.
If basements are to be permitted within the subdivision, the approval should ba subject
to the following conditions:
The basements may be constructed on lots which are abutted by a subsurface
drainage system provided said basements are equipped with a sump pump and
adequate foundation tile with discharge into said drainage system. Proper
installation or the sump pump and foundation tile shall be the sole responsibility
of the developer and/or contractor, and the City shall not be responsible for
inspecting the installation of the sump pump and foundation tile. Discharge of
the roof drains and downspouts of dwellings into the subsurface drainage
system is prohibited. To ensure compliance with these provisions concerning
basements on lots abutted by a subsurface drainage system, the property
owner's registered engineer shall certify the following:
a) There is no discharge or roof drains and downspouts of dwellings Into
the property's subsurface drainage system; and
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b) Foundation tile and sump pump have been properly installed end
connected to said subsurrace dreinage system.
5.
If a force main upgrade is required, it will be the developer's responsibility to obtain
sufficient off,site construction easements prior to final plat end OPDH plan approval.
Additionallv, the developer will be required to enter into an agreement with the City
regarding the installation and cost sharing of the proposed 12-inch weter main on
Scott Boulevard.
6. Several deficiencies and discrepancies have been resolved sinca the March 18, 1993,
Planning and Zoning Commission meeting. The median design for the Wintergreen
Drive entrance has been approved by the Public Works Department. The preliminary
stormwater calculations have also been approved by the Public Works Department.
Two outstanding deficiencies remain to be addressed: a) a Grading end Erosion
Control Plan must be submitted and approved by the Public Works Department, and
b) bUilding elevations per the OPDH requirements must be submitted.
ATTACHMENT:
1. Revised praliminary platlOPDH plan reduction.
ACCOMPANIMENT:
1. Revised preliminary platlOPDH plan.
Approved by:
Ifrmuu;. ~
Monica Moen, Senior Planner
Department of Planning and
Community Development
bj\villgrn
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City of Iowa City
MEMORANDUM
Dat~ Ap~8, 1993
To: Planning and Zoning Commission
From: Monica Moan, Senior Planner ~
Re: REZ92-0017, SUB92-0028. Village Green South, Parts Three-Eight
At your March 29, 1993, informal meeting, the Commission Chair summarized the
Commission's concerns regarding the open space proposed within the subject planned housing
development and encouraged the developer to (a) enhance the visibility, accessibility and the
opportunity for more active use of the park located north of Wintergreen Drive, and to (b)
revise the portion of the parkway located south of Wintergreen Drive to allow for the
integration of active uses with the passive nature of the storm water detention areas which
are incorporated into this portion of the parkway.
The revised plan included in the Commission's packet has been submitted by the developer
for the Commission's consideration. While the size of the parkway north of Wintergreen Drive
has diminished slightly in size, the extent of usable area on either side of the proposed trail
has increased, The visibility and accessibility of this park has also improved. As development
of the parcel north of this park, and not under the control of this developer, occurs, the trail
should be extended northerly to connect to Village Road,
South of Wintergreen Drive, the extent of usable area has increased due to the developer's
proposal to construct two storm water detention basins instead of one linear wet-bottom basin
as originally designed. In the plan presently before the Commission, both a wet-bottom and
a dry-bottom storm water management facility are proposed. The Public Works Department
has given preliminary approval to this concept; the Department's more detailed analysis of this
proposal is expected to be completed by Monday, April 12. The Parks and Recreation
Commission will consider this parkway proposal on Wednesday, April 14,
Staff continues to have reservations whether tha proposed plan meets the intent of the
Planned Development Housing Overlay (OPDH) zone to cluster development in instances
where conventional development may be inappropriate. In addition, due to the proximity of
the proposed trails to the detention facilities in a residential context, staff has concerns
regarding the City's culpability if the 12.18 acre park is dedicated as public open space. If
the Commission is inclined to approve the proposed preliminary OPDH plan of Village Green
South, Parts Three-Eight, staff would recommend that certain issues be resolved and that
approval of this plan be subject to certain conditions:
1, The applicant should document whether state or federal jurisdictional wetlands exist
on the site. If protected wetlands exist within the proposed development, the
applicant should demonstrate that the development, as designed, will not negatively
impact the wetlands.
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2. The typical section for the proposed walkways (trail) should be revised to conrorm to
the American Association of State Highway Transportation Officials' (AASHTOI
standards and to Americans with Disabilitias Act (ADA) requirements, At a minimum,
the trail should be constructed at least eight feet in width instead of the four foot
width illustrated on the plan and the trail should have a four inch thick asphalt surface
instead of the roadstone surface proposed on the plan.
3. In addition to the developer's obligation to construct the trail as a condition of approval
of this planned development, the developer must sod, landscape and light the parkway
according to plans approved by the City. These plans should be submitted to and
approved by the City prior to Council consideration of the final plat and administrative
approval of the final OPDH plan. If the City deems it in the public interest to accept
dedication of the 12.18 acre parkway, this dedication should not be accepted until (a)
the parkway improvements, including the storm water detention facilities, are complete,
and (b) construction has been completed on 90% of the lots abutting the parkway.
4. If basements are to be permitted within the subdivision, the approval should be subject
to the following conditions:
I
The basements may be constructed on lots which are abutted by a subsurface
drainage system provided said basements are equipped with a sump pump and
adequate foundation tile with discharge into said drainage system. Proper installation
of the sump pump and foundation tile shall be the sole responsibility of the developer
and/or contractor, and the City shall not be responsible for inspecting the installation
of the sump pump and foundation tile. Discharge of the roof drains and downspouts
of dwellings into the subsurrace drainage system is prohibited. To ensure compliance
with these provisions concerning basements on lots abutted by a subsurface drainage
system, the property owner's registered engineer shall certiry the following:
a)
There is no discharge of roof drains and downspouts of dwellings into the
property's subsurface drainage system; and
\
b) Foundation tile and sump pump have been properly installed and connected to
said subsurface drainage system.
6. If a force main upgrade is required, it will be tha developer's responsibility to obtain
sufficient off.site construction easements prior to final plat and final OPDH plan
approval, Additionally, the developer will be required to enter into an agreement with
the City regarding the installation and cost sharing of the proposed 12.inch water main
on Scott Boulevard.
6, A Grading and Erosion Control Plan must be submitted to and approved by the Public
Works Department prior to Council consideration or this preliminary plat and OPDH
plan.
ACCOMPANIMENT:
1. Revised Preliminary Plat and OPDH Plan or Village Green South, Parts Three-Eight.
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City of Iowa City
MEMORANDUM
Data:
April 7, 1993
To:
Planning and Zoning commissio~,/
Monica Moen, Senior Planner ~fJ\}l~
From:
Re:
Summary Report for the Village Green South, Parts Three-Eight Planned
Housing Developmant
Attached please find a draft copy of the summary report for the Village Green South, Parts
Thrae-Eight Planned Housing Development.
Pursuant to Section 36-48(c) of the Planned Development Housing Overlay Zone ragulations,
tha Commission, upon completion of review of a preliminary PDH Plan of a planned
development, is required to make a written report of its findings to the City Council to
substantiate its recommendations, The findings must consider the following: that the
variances and setbacks, lot area requirements, building haights, building types, sizes of
buildings, and the combination of land usas will be in the public interest, in harmony with the
purposes of the Zoning Ordinance and other building regulations of the City and will not
adversely affect nearby property. The Commission must also ascertain that the parking
requirements of the Zoning Ordinance have not been reduced.
Because the Commission will not meet the week of May 3, 1993, and, in the event the
Commission makes a recommendation concerning this development on April 15 , the proposed
summary report is forwarded to you in drart form to allow Commissioners the opportunity to
review the report before it is forwarded to the City Council. The report is only a guide and
Is not Intended to Influence the Commission's recommendation concerning the development
proposal. The report will be amended as needed to reflect the Commission's deliberations and
recommendations concerning this development.
If you hove any questions concerning the proposed summary report, please do not hesitate
to call me at 356-5243, I will also be present at your April 12 and April 15 meetings to
answer any questions you may have,
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City of Iowa City
MEMORANDUM
Date:
April 12, 1993
To: Planning & Zoning Commission
From: Monica Moen, Sr. Planner ~
Re: Village Green South, Parts Three-Eight Preliminary Plat and OPDH Plan
In addition to the issues and deficiencies and discrepancies concerning this development
proposal that I enumerated in my April 8, 1993, memorandum to you, the Public Works
Department, following review of the plat/plan stamp dated April 8, 1993, requests that these
additional items be reconciled:
1. Amend the third line of the April 8, 1993, list of revisions to read "zero lot line lots."
2. Amend the plan to illustrate that the storm sewer through the southeast stormwater
management facility is centered within an easement.
3, The easement area for the proposed dry-bottom storm water management facility
should not encroech into the 50-foot wide access easement. The easement for this
facility, as illustrated on the plan, should be amended accordingly.
4,
It appears Lots 29 and 30 could be included in Part Three, If this is the case, the part
tabulation listed on the plan should be amendad accordingly.
I
5, A note should be added to the plan indicating that tha portions of the right-of-way
sidewalks adjacent to proposed open spaces will be constructad at the developer's
expense.
I will be presant at your April 12 and April 15 meetings to answer eny questions you may
have,
bj\villgfO
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MEMORANDUM
Iowa City Fire Department
DATE:
April 26, 1993
TO:
Monica Moen, Senior Planner
Andy Rocca, Fire Marshal {ll')t
Village Green South, Parts Three-Eight
FROM:
RE:
This memorandum is written to express concerns over the change in this Preliminary Plat and
OPDH Plan - specifically, not connecting the existing Sterling Drive with Rosefield Drive and
Wintergreen Drive,
"
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I am well aware of the concerns area residents have regarding the increase in the volume of
traffic this connection will precipitate. However, it is important to examine how vital this
connection is to emergency response in this area,
I have always objected to the limited access in proposed devel9pments (one.way in, one.way
out). If this development is approved without an alternate access, the following items should
be addressed:
1) Furthef travel time/response time to emergency incidents.
2) Alternate access unavailable, in the event that the primary access is obstructed. This
is important as related to required evacuation.
3) As travel time/response time increase, resources to mitigate emergencies will need to
be increased significantly.
Based on the items listed above, I am recommending the Sterling Drive connection is required
prior to approving this plan. I'll look forward to discussing this matter with you in the future.
Also, this matter was discussed with Captain Strand and Captain Harney of the Police
Department, They share my concerns and would recommend, this connection prior to
development,
If you have any questions, please do not hesitate to call,
AJR/bdm
cc: Fire Chief Pumfrey
Captain Strand
Captain Harney
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l MAR ~ I 1993
ANDERSDN-BENDER,
REALTDRS~
335 SOUTH CLINTON STREET
IOWA CITY, IA 52240
6US,(319)351.J355
FAX(319)351,6aB9
H.::CAtIVIl)
. ,
March 3D, 1993
;0
.P.D.DEPARTME
Monica Moen, senior Planner
Department of Planning &
community Development
city of Iowa City
410 E. Washington street
Iowa city, Iowa 52240
This is notice that I grant the city of Iowa city an extension
of the 45 day limitation period for preliminary plat approval
of village Green South, part 3-8.
sincerely,
~~~
I
JR.1o,: 5mb
An Independenlly Owned and Operated Member 01 Coldwell Banker Resldenllal Allillales, Inc,
r@JiliiJ
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PHELAN, TUCKER, MULLEN, BRIGHT & WALKER
ATI'ORNEYS AT LAW
W1LUAM V. PHELAN
WJtIJAM M. TUCKER
CHARLES A, MULLEN
SIllPlIEN F, BRIGIIT
BRUen L, WALKER
RICHARD M, TUCKER
nlOMAS H, GBLMAN
SI1MlN R. RIlGI!NWllfHER
GARY }, SCHMIT
MARGARJ1I' B, POEPSBL
}ULIB L, PULKRABBK
JOHN B, BRASLBY
321 MARKET
P.o. BOX 2150
IOWA CITY, IOWA 52244
LOUIS SHULMAN (1908-1982)
OF COUNSEL
DANIBL W, BOYLB
April 7, 1993
FAX,
(319) 3S4-6962
TELEPHONE,
(319) 354-1104
1t"..:&::IVlfif ..,
APR 08 1993
P.P.D. DEPARTME T
Ms. Linda Newman Gentry
city Attorney
Civic Center
410 East Washington
Iowa city, IA 52240
Re: village Green south Parts 3 - 8
Dear Linda:
\
This letter is a follow-up to our telephone conversation
of April 5, 1993, concerning the storm Water Management
Agreement between the city, my clients George Nagle, Richard
McCreedy and Jerry Hilgenberg, and Frantz construction Co.
Inc. That agreement is dated October 13, 1992, and was
recorded October 16, 1992, in Book 1440, at Page 271, of the
records in the Office of the Johnson County Recorder.
As you will recall, the agreement by its terms requires
the storm water management basin and other facilities
contemplated by the agreement be installed prior to the
issuance of any, building permits on that real estate for which
a plat has now been proposed identified as village' Green South
Parts 3 - 8.
It is my understanding from my conversation with you that
you would expect the Developer's Agreement in connection with
that sUbdivision to require the substantial completion of the
storm water management facilities prior to the issuance of any
building permits for lots within such subdivision.
My clients are selling the property but the terms of the
sale are such that my clients have a continuing interest in
seeing that the storm water management facilities are in fact
constructed as a part of the public improvements for the first
phase of the subdivision.
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If at any time during the negotiations for the
Subdivider's Agreement for this subdivision, it appears that
the city may relax the requirements of the October 13, 1992,
agreement, I would appreciate it if you would contact me
immediately.
Yours very truly,
GCt~- C \) '2d~~ ' .
Charles A. Mu~n "-
CAM/lm
cc: Rick Foss, city Engineer
Chuck Schmadeke, City Public Works Director
Karen Franklin, Planning and Zoning
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2014 Rochester Ave,
Iowa City, IA 52245
15 Mar., 1993
MAR 15 lU~,
P.P.D. DEPARTMENT
Thomas Scott, Chairman
Iowa City Planning and Zoning Commission
410 East Washington Street
Iowa City IA 52240
Re: REZ92-0017, SUB92-0028 (Village Green South, Parts Three-Eight)
Impact on remnant of native prairie.
Dear Mr, Scott:
The proposed development of the Village Green South tracts (referenced above)
presents both unusual opportunities and serious concerns with respect to the
environment, Some of my concerns have been pointed out to you by your staff in
their report dated 18 March, 1993, and I shall not belabor these points except to
remind you that this development falls within the watershed of Snyder Creek, The
new fact that I formally bring to your attention is that there is a valuable remnant
of native Iowa prairie that will be effected by this development.
The prairie remnant occupies the northern half of the right-of-way of the Iowa
Interstate Railroad between Scott Boulevard (on the east) and Southeast Junior High
School (on the west). Dr, Lon Drake believes that this remnant of wet prairie is
one of Bohumil Shimek's historic collecting localities (copy of memo prepared 1985),
Although the remnant is badly degraded in places (including inappropriate mowing by
the City of Iowa City along Mercer Parkl), it contains many rare plant species. See
over for a preliminary list of plants occurring here, Such remnants as this are
very rare in Johnson county and this one is probably the only such within Iowa
City's corporate limits, Urbanization already has had a serious negative impact on
this remnant where lots have been developed with their back property lines
coincident with the railroad property boundary. The proposed storm water management
facility in the Village Green Development provides en unparelleled opportunity to
have a positive impact on this valuable remnant, Proper restoration of the prairie
vegetation between the southern edge of the flooded area and the remnant in the
railroad right-of-way would be of the utmost value for the protection and
enhancement of this resource,
I furthermore believe that a buffer strip (also managed as prairie) should be
reserved along the southern edge of the west half of the Village Green South tracts
(where lots are shown on the preliminary plat with back lines coincident with the
railroad right-of-way boundary). Finally, because only a public body can guarantee
that there will be continuity of appropriate management and restoration practices,
it is imperative that these buffer zones be under city ownership and management,
i.
Sincerely,
It~"",\ ,,1. )L1)~~,,:zr
Richard S, Rhodes II
--
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Mr, Scott, Chairman, IC Planning & Zoning Comm1ssion
Page 2
15 Mar., 1993
Plant list for prair1e remnant along Iowa Interstate Railroad
between Southeast Jun10r H1gh School and Scott Boulevard
Prepared by Richard S, Rhodes II from his own observations during one rushed
visit on 19 Oct" 1991. This list undoubtedly would be far longer if the locality
were visited repeatedly during the grow1ng season, Plants are l1sted below in no
particular order.
Native forbs:
Tall coreopsis
Stiff goldenrod
Grass-leaved goldenrod
Other goldenrods
Sunflowers
Wtld bergamot (Horse mint, Bee balm)
Prairie w11l0w
A tall thistle
Common even1ng primrose
New England aster
Other asters
Compass plant
Rosin weed
Sweet coneflower
Gayfeather
Rattlesnake master
Ironweed
An anemone
Yarrow
Wild rose ,
Gray-headed coneflower
B1ennial gaura
Dogbane
Oxeye
Flowering spurge
Prairie phlox (population being studied by Dr. Steve Hendr1x)
Milk vetch
A st. John's wort
Native grasses:
Big bluestem
Virginia wild rye
Canada wi ld rye
Ind i an grass
Prair1e cord grass (R1pgut)
Nat1ve switch grass
"Rosette" paniC grass
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*****
MEMORANDUM
*****
Date
Ap rill, 1 SS3
To
Staff
From
Residents of Sterling Ct., Sterling Or., Dover St.
! Subject
Rezoning of Village Green Parts 3 - 8, West of Scott Blvd
We, the residents of the above mentioned streets, are opposed to the
proposed rezoning of Village Green parts 3 - 8, from the current RS-5
to Proposed OPDH-5.
We are opposed for the fOllowing reasons:
- With the proposed increase of housing for this area, it is safe to
assume that there will be an increase in the amount of traffic on the
city streets that service this new area. It is our concern that the
increased traffic, will create a hazardous environment to the
children in the neighborhood. This means, Sterling Ct., Sterling Dr.,
Dover St., Bradford St.
I
- We feel that a Buffer should be provided between the RS-5 Housing
on Sterling Ct. and the new proposed housing on the proposed
R,)sefield
Dr.
- We are also concerned about water erosion and Grading for water run
off.
- Park Space, ( Open Space) . The proposed Rezoning, in our opinion,
does not provide for adequate open space for the number of proposed
families in this area.
'-
Schools: We have called and spoken to the schools that would be
affected by the large number of proposed families. These schools are
near full capacity now and are of the opinion that they could not
accomodate the increased number of potential children.
- Traffic, Schools, 'Parks:
With the increased number of children in the area, the City would be
increasing the potential for accidents along the service roads for
the proposed Rezoning area.
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, a municipal corporation
(hereinafter "City") and Village Green South, L.C., an Iowa Umited Uabllity Company (hereinafter
Village Green) and George and Marcia Nagel, husband and wife, Richard L. and Mary Lou
McCreedy, husband and wife, and Jerry J, and JoAnn E, Hilgenberg, husband and wife
(hereinafter "Owners").
WHEREAS, Owners are legal titleholders of a portion of the property legally described below; and
WHEREAS, Village Green has contracted to purchase Owners property and is the legal titleholder
to the balance of the property described below; and
WHEREAS, Village Green has requested the City to rezone approximately 55.14 acres of land
from RS-5, Low Density Single-Family Residential, to OPDH-5, Planned Development Housing
Overlay, and approve a Planned Development Housing (PDH) plan for property located west of
Scott Boulevard and north of the Iowa Interstate Railway; and
WHEREAS, Village Green has applied to rezone the parcel from RS-5 to OPDH-5 to permit a
planned housing development containing zero lot line dwellings, which are not permitted in the
RS-5 zone; and
WHEREAS, Iowa Code ~414.5 (1993) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, to satisfy public
needs directly caused by the requested change; and
WHEREAS, the City wants to ensure the appropriate allocation and suitability of neighborhood
open space and protection of environmentally sensitive areas; and
WHEREAS, the parties acknowledges that certain conditions and restrictions are reasonable to
ensure appropriate urban development on the eastern edge of Iowa City,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN,
THE PARTIES AGREE AS FOLLOWS:
1. George and Marcia Nagel, husband and wife, Richard L. and Mary Lou McCreedy,
husband and wife and Jerry J, and JoAnn Hilgenberg, husband and wife, are the owners
and legal titleholder of a portion of an approximately 55.14 acre tract of land located west
of Scott Boulevard and north of the Iowa Interstate Railway, which property is more
particularly described as follows:
That portion of the Northeast Quarter of Section 24, Township 79 North,
Range 6 West of the 5th Principal Meridian lying East of Village Green
South Part 2 as recorded In Plat Book 1 B at Page 67 of the Records of the
Johnson County Recorder's Office; and North of the Northeasterly Rlght-of-
Way line of the former Chicago, Rock Island and Pacific Railroad and West
of the Westerly Rlght-of.Way line of Scott Boulevard, Said tract of land
contains 55,14 acres, more or less, and Is subject to easements and
restrictions of record.
2, Village Green Is the contract purchaser of the property owned by George and Marcia
Nagel, Richard L. and Mary Lou McCreedy and Jerry J. and JoAnn Hilgenberg and is the
owner and legal title holder of the balance of the property legally described above,
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3, The parties acknowledge that the City desires to ensure appropriate allocation of open
space and to protect environmentally sensitive areas,
4. In consideration of the City's rezoning of the subject property from RS-5 10 OPDH-5,
Village Green and Owners agree that development and use of the subject property will
conform to the requirements of the OPDH-5 zone and the conditions of the PDH plan, as
well as the following additional conditions:
a) Prior to approval of the final plat and PDH plan, Village Green shall document the
existence of state or federal jurisdictional wetlands on the site. If protected
wetlands exist within the proposed development, Village Green must demonstrate
that the development, as designed, will not negatively Impact the wetlands.
b) Village Green must construct the proposed walkways (trail) to conform with the
Americans with Disabilities Act (ADA) requirements, At a minimum, the trail must
be constructed at least eight feet In width. The trail must consist of a minimum
base of four Inches of 3/4-inch roadstone and a minimum topping of three inches
of 3/8-inch base material (said materials to be compacted),
c) Village Green must provide appropriate ground cover and landscape the parkway
according to plans approved by the City. These plans must be submitted to and
approved by the City prior to Council consideration of the finai plat and
administrative approval of the final PDH plan, If the City deems Illn the public
Interest to accept dedication of the 12,18 acre parkway, this dedication must not
be accepted until (a) the parkway Improvements, including the stormwater
detention facilities, are complete, and (b) construction has been completed on
90% of the lots abutting the parkway.
d) Basements are permitted within the subdivision, subject to the following
conditions:
e)
Basements may be constructed on lots which are abutted by a subsurface
drainage system provided said basements are equipped with a sump pump and
adequate foundation tile with discharge into said drainage system. Proper
Installation of the sump pump and foundation tile shall be the sole responsibility
of the developer and/or contractor, and the City shall not be responsible for
Inspecting the Installation of the sump pump and foundation tile. Discharge of the
roof drains and downspouts of dwellings Into the subsurface drainage system Is
. prohibited. To ensure compliance with these provisions concerning basements
on lots abutted by a subsurface drainage system, the property owner's registered
engineer shall certify the following:
i) There Is no discharge of roof drains and downspouts of dwellings Into the
property's subsurface drainage system; and
II) The foundation tile and sump pump have been properly Installed to said
subsurface drainage system.
If a force main upgrade Is required, Village Green must obtain sufficient off-site
construction easements prior to final plat approval and final PDH plan approval,
In addition, Village Green will enter Into an agreement with the City regarding the
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Installation and cost sharing of the proposed 12-lnch water main on Scott
Boulevard.
Q
A Grading and Erosion Control Plan must be approved by the Public Works
Department prior to Council consideration of the preliminary plat and PDH plan,
g) The connection of Wintergreen Drive to Sterling Drive Is prohibited until the
connection of Wintergreen Drive to the future Village Road extension Is completed.
5. Village Green and Owners acknowledge that the additional conditions herein are
reasonable conditions to impose on the land pursuant to Iowa Code g414.5 and that said
conditions are appropriate, and satisfy public needs which are directly caused by the
requested change.
6. Village Green and Owners acknowledge that in the event the subject property Is
transferred, sold, redeveloped, subdivided, divided or split, all redevelopment will conform
with the terms of this Agreement.
7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with the title to the land, and shall remain in full
force and effect as a covenant running with the title to the land unless or until released
of record by the City, The Parties further acknowledge that this Agreement shall Inure to
the benefit of and bind all successors, representatives and assigns of the Parties.
8. Village Green and Owners acknowledge that nothing In this Condlllonal Zoning
Agreement shall be construed to relieve them 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 May, 1993,
CITY OF IOWA CITY
By
Darrel G. Courtney, Mayor
Attest:
Marian K. Karr, City Clerk
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. VILLAGE GREEN SOUTH, L.C.
By: Mitchell-Phipps Building & Design, Inc.
.
By(tftvll1fi~
Ro ert R. Mitchell, President
BY~
Robert R, Phipps, Secretary
M.'~~R 1~fL
George -Na~1 T
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MarCia Nagel
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Mary Lou McCreedy
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-5.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 1993, before me,
, 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
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 it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
On this .-JL day of (f), , 1993, before me, the undersigned, a Notary Public in and
for the State of Iowa, personall appeared Robert R. Mitchell and Robert R. Phipps, to me
personally known, who being by me duly sworn did say that they are the President and
Secretary, respectively, of Mitchell-Phipps Building & Design, Inc" an Iowa Corporation and a
momber f,lf Village Green South, L.C" an Iowa Limited liability Company, executing the within and
foregoing Instrument, that no seal has been procured by the corporation; that said Instrument
was signed on behalf of the corporation as a member of the Limited Liability Company, by
authority of said Limited Liability Company's members and by the corporation's Board of
Directors; and that the said Robert R. Mitchell and Robert R, Phipps, as officers acknowledged
the execution of, the foregoing Instrument to be the voluntary act and deed of said corporation
and Limited Liability Company, by each of them voluntarily executed.
1YJ t, , 1VJe
STATE OF IOWA )
)ss
JOHNSON COUNTY )
~I'
On this L day of May, 1993, before me the undersigned, a Notary Public In and for the
State, personally appeared George Nagel and Marcia Nagel, husband and wife, to me known to
be the Identical persons named In and wao xec. uted the within and foregoing .Instrument, and
acknowledged that they executed the sa as their v lanto/Y~ct and d ed., .
. V[ /Lnl .
Notary Public In and for e Slate of Iowa
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.6.
STATE OF IOWA )
)ss
JOHNSON COUNTY )
WI
On this L day of May, 1993, before me the undersigned, a Notary Public In and for the
State, personaliy appeared Richard L. McCreedy and Mary Lou McCreedy, husband and wife,
to me known to be the Identical persons named in and who executed the within and foregoing
Instrument, and acknowledged that they exec tea. the sa as thr~ ~9 nta jlct and deed,
Ii 'Gr}?
Notary Public in and for e State of Iowa
STATE OF IOWA )
)ss
JOHNSON COUNTY )
On this /I~) day of May, 1993, berore me the undersigned, a Notary Public In and for the
State, personaliy appeared Jerry J, Hilgenberg and JoAnn E. Hilgenberg, husband and wife, to
me known to be the identical persons naae -In and who executed the within and foregoing
Instrument, and acknowledged that they e cut d the me as their volu tary act and deed.
.L 4\J i.'
Notary Public in and for teState of Iowa
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the
City Council of Iowa City, Iowa, al 7:30 PM on Ihe 5th day of
January, 1993, In the Civic Cenler Council Chambers, Iowa
City, Iowa; al which hearing the Council will consider the
lOllowing ~ems:
1. An ordinance amending Ihe Zoning Ordinance by changing
the use regulations 01 ce~aln properly, known as Lots 13
and 14, Block One, Braverman Center Subdivision, located
on PepperwOOd Lane east 01 Keokuk Street, from CO.l,
(!) Commercial OI1ice, 10 CC.2, Commun~y Commerelal.
2, An ordinance amending the Zoning Ordinance by changing
the use regulations of a certain 15,1 acre tract, known as
PepperwOOd XII, and located easl 01 South Gilbert Slreel
and west of Sandusky Drive on Cherry Avenue extended
from ID-RM, Interim Development Muhl'Fami~ Residential,
to RM-12, Low Dens~y Muhl.Family Residential, for 6,8
acres, andto RS.S, Low Density Single.Family Residential,
for 8.3 acres.
3. A resolution approving the volunlary annexation of a 19.53
acre tract of land located easl of the Intersection of Sunset
Slreet and H~hway One West
4, An ordinance amending Ihe Zoning Ordinance to change
the Use regulations 01 a 19,53 acre parce/Iocated south of
the intersection of Sunset Streel and H~hway One West
from Ihe County deslgnallons of C.2, Commerelal, and A-
I, RUral, to CI-l, Intensive Commercial, or a combination
of CC'2, Community Commercial, and C/.l, Intensive
Commercial, upon ennexation.
Copies of the proposed ordinances and Ihe resolution are on
file for public examination In the oHice of the City Cler~ Civic
Center, Iowa Cily, Iowa, Persons Wishing 10 make Ihelr views
known for Council consideration are enCOuraged 10 appear al
the above'mentioned time and place,
MARIAN K. KARR, C/TY CLERK
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by
the City Council of Iowa City, Iowa. at 7:30 PM on the 27th
day of April, 1993, In the Civic Center Council Chambers,
Iowa City, Iowa; at which hearing the Council will consider
the following items:
1. An ordinance amending the Zoning Ordinance by changing
the use regulations of an approximate 13.98 acre tract of
land located southwest of Teg Orive and east of the
western section of Aber Avenue from RS.S, Low Density
@ Single.Family Residential, to P, Public.
2 A resolution approving the voluntary annexation of an
. approximate 6.92 acre tract of land located south of Scott
Park and north of Fairvlew Golf Course.
3. An ordinance amending the Zoning Ordinance by condi-
tionally changing the use regulations of an approximate
6.92 acre tract located south of Scott Park and north of
Fairview Golf Course from County RS, Suburban Residen-
tial, to ID.RS, Interim Development Single.Family Residen-
tial.
Copies of the proposed ordinances and resolution are on
file for public examination in the office of the City Clerk,
Civic Center, Iowa City, Iowa, Persons wishing to make their
views known for Council consideration are encouraged to
appear at the above.mentloned time and place.
MARIAN K. KARR, CITY CLERK
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321 Kirkwood Avenue
Iowa City, Iowa 52240
(319) 351-6832
Apri I 29. 1993
To: City of Iowa City
Planning & Zoning Dept.
410 E Washington Street
Iowa City, IA 52240
From: Robert R. Mitchell
321 Kirkwood Avenue
Iowa City, IA 52240
This letter is to request annexation of the following
described parcell of land into Iowa City city limits.
Legal Description: 6,92 AC TRACT
SEC, 18-T79N-R5W
Commencing at the Northeast Corner of the Northwest Quarter
of Section 18, Township 79 North, Range 5 West of the 5th
P.M,: Thence SOoo02'42"E, 337,00 feet on the East line of
said Northwest Quarter to the Point of Beginning: Thence
SOOo02'42"E, 370.38 feet on said East line; Thence
N89028'11"W, 1217,03 feet: Thence N36018'05''E, 12,86 feet;
Thence N56021'31"E, 408.32 feet: Thence N85044'22''E, 297.52
feet: Thence N78049'21"E, 326,95 feet: Thence N8I037'27"E,
254.40 feet to the Point of Beginning. Said tract
containing 6,92 acres, more or less, and is sUbject to
easements and restrictions of record.
Sincerely,
~~/?l/?~
Robert R, Hi tchell
H..-.:t:IVE:;&:J
APR 3 0 1993
P,P.O, DEPARTMENT
'133
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18
3211Grkwood Avenue
Iowa City, Iowa 52240
(319) 351-6832
April 29. 1993
To: C it y Counc i I
City of Iowa City
410 E Washington Street
Iowa City. IA 52240
From: Robert R, Hitchell
321 Kirkwood Avenue
Iowa City, IA 52240
REF: Annexation of 6,92 AC TRACT. SEC, 18-T79N-R5W
This letter is to request haVing both the public hearing and
the first consideration during the meeting to be held on
Hay 11, 1993, for the fallowing tract of land,
Legal Description:
Commencing at the Northeast Corner of the Northwest Quarter
of Section 18, Township 79 North, Range 5 West of the 5th
P,H.; Thence SOOo02 '42"E, 337.00 feet on the East I ine of
said Northwest Quarter to the Point of Beginning; Thence
SOOo02'42"E, 370.38 feet on said East line; Thenoe
N89028'II"W, 1217,03 feet; Thenoe N36018'05"E, 12.86 feet;
Thenoe N56021'31"E, 408.32 feet; Thenoe N85044'22"E, 297.52
feet; Thenoe N78049'21"E, 326.95 feet; Thenoe N81037'27"E.
254.40 feet to the Point of Beginning. Said traot
containing 6,92 acres, more or less, and is subject to
easements and restrictions of reoord.
Sincerely.
/?~/ll//d::aI
R'::'C~'Vr::l:I
Robert R. fli tohell
APR 3 0 1993
P.P.D. OEPARTMEN
'33