HomeMy WebLinkAbout2015-09-15 Public hearingPublish 8/21
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 1st day of September, 2015, in
Emma J. Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
1. AN ORDINANCE CONDITIONALLY
REZONING APPROXIMATELY 1.45 ACRES
OF PROPERTY FROM COMMUNITY
COMMERCIAL (CC -2) TO RIVERFRONT
CROSSINGS - WEST RIVERFRONT (RFC -
WR) ZONE LOCATED AT THE
NORTHWEST CORNER OF BENTON
STREET AND RIVERSIDE DRIVE (REZ15-
00015)
2. AN ORDINANCE CONDITIONALLY
REZONING APPROXIMATELY 1.85 ACRES
OF PROPERTY ZONED COMMUNITY
COMMERCIAL (CC -2), IN ORDER TO
AMEND A CONDITIONAL ZONING
AGREMEENT, LOCATED BETWEEN
WESTBURY DRIVE, EASTBURY DRIVE,
AND MIDDLEBURY ROAD (REZ15-00016)
3. AN ORDINANCE CONDITIONALLY
REZONING APPROXIMATELY 14.36 ACRES
OF PROPERTY TO AMEND A PLANNED
DEVELOPMENT OVERLAY PLAN (OPD/RS-
12) TO ALLOW THE ADDITION OF 38
MANUFACTURED HOUSING UNITS TO
COLE'S COMMUNITY MOBILE HOME PARK
(REZ15-00017)
4. AN ORDINANCE CONDITIONALLY
REZONING APPROXIAMTELY 33.37
ACRES OF PROPERTY FROM LOW
DENSITY SINGLE FAMILY (RS -5) TO
PLANNED DEVELOPMENT OVERLAY
(OPD -5), AND AN AMENDMENT TO A
CONDITIONAL ZONING AGREEMENT,
LOCATED EAST OF CAMP CARDINAL
ROAD TO ALLOW CONSTRUCTION OF A
CHURCH
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
I •�,. p CITY OF IOWA CITY
-T4 MEMORANDUM
Date: September 10, 2015
To: Tom Markus, City Manager
From: Karen Howard, Associate Planner
Re: REZ15-00015 — Kum & Go at corner of Riverside Drive and Benton Street
Background: Kum & Go L.C. has requested a rezoning from Community Commercial (CC -2)
Zone to Riverfront Crossings — West Riverfront (RFC -WR). The hearing for this rezoning was
opened at the September 1 City Council meeting. The hearing was continued because Kum &
Go L.C. requested consideration of a right -in access point on Benton Street, which was counter
to the conditions recommended by the Planning and Zoning Commission. Subsequent to the
September 1 Council meeting staff discussed the matter with the applicant and they have
withdrawn their request for an access point on Benton Street and have signed the conditional
zoning agreement as originally recommended by staff and the Planning and Zoning
Commission. The latest site plan showing access points on Riverside Drive and Orchard Street
with no access from Benton Street is attached along with a copy of the signed conditional
zoning agreement.
Recommendation: Staff and the Planning and Zoning Commission recommend approval of
REZ15-00015, a proposal to rezone approximately 1.45 acres of property located at the northwest
corner of South Riverside Drive and West Benton Street from Community Commercial (CC -2) to
Riverfront Crossing -West Riverfront (RFC -WR), subject to the following conditions to address
traffic and pedestrian safety issues caused by the subject rezoning:
• Dedication of 10 feet of land along the Riverside Drive and Benton Street frontages of the
property to the City in order to widen the public right-of-way along Riverside Drive and
Benton Street;
• Closure of the existing curb cuts on Benton Street;
• Consolidation of the two drives on Riverside Drive into one access point in a location
further from the intersection as determined by the City; and
• Consolidation of the two drives on Orchard Street into one access point in a location that
best meets on and off-site traffic safety and circulation needs as determined by the City.
NVId HIS
Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00015)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Hartwig Prop%"Owners").
es, L.L.P., Kum & Go, L.C., and)KG Store 422, L.L.C.
(hereinafter collectively referred to ;
WHEREAS, Owners are the collective legal title holders of ap} roximately 1.45 acres of
property located at the northwest corn�r of Riverside Drive and West Benton Street in Iowa City;
and
WHEREAS, Owners have requ�sted the rezoning of 'aid property from Community
Commercial (CC -2) to Riverfront Crossin s — West Riverfront (�tPC-WR); and
WHEREAS, the Planning and Zoni Commission has determined that, with appropriate
conditions regarding traffic and pedestria safety, the requested zoning is consistent with the
Comprehensive Plan; and '
WHEREAS, Iowa Code §414.5 (201 ) provides that the City of Iowa City may impose
reasonable conditions on granting a rezonirip requot over and above existing regulations in
order to satisfy public needs caused by the requested change; and
WHEREAS, the Owners acknowledgkAhat certain conditions and restrictions are
reasonable to ensure the development of the)property is consistent with the Comprehensive
Plan and the need for traffic and pedestrian safely along these arterial street corridors; and
WHEREAS, the Owners agree to develop this property in accordance with the terms and
conditions of this Conditional Zoning Agreement.
NOW, THEREFORE, in considerationl'of the m ual promises contained herein, the parties
agree as follows:
1. Hartwig Properties LLP, Kum & Go L.C. and C
of the properties legally described as follows:
THAT PORTION OF BLOCK 1, CARTWi
ACCORDING TO THE'PLAT THEREOF R
DEED RECORDS OF JOHNSON COUN
AUDITOR'S PARCEL 2013055 ON PLAT OF
PAGE 37, PLAT RECORDS, JOHNSON COU
_f•
Store 422 LLC are the legal title holders
-IT'S ADDITION, IOWA CITY, IOWA,
ORDED IN BOOK 13 AT PAGE 432,
IOWA, THAT IS DESCRIBED AS
'URVEY RECORDED IN BOOK 58 AT
TY, IOWA.
LOTS 2 AND 3 .IN BLOCK 1 IN CARTWRIGHT'S [
EAST 7 1/2 Ff ET OF THAT PART OF THE AL I
SAID LOTS AND 3 ON THE WEST, ALL ACCO
THEREOF CORDED IN BOOK 3, PAGE 207,
COUNTY, IOWA;
1 of 5
ITION TO IOWA CITY, AND THE
IN SAID BLOCK 1, ABUTTING
ING TO THE RECORDED PLAT
'LAT RECORDS OF JOHNSON
EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY
WARRANTY DEED DATED AUGUST 3, 1960, RECORDED IN BOOK 245, PAGE 29,
DEED RECORDS OF JOHNSON COUNTY, IOWA;
AND ALSO EXCEPTING THAT PORTION ACQUIRED BY THE STATE OF IOWA
THROUGH CONDEMNATION PROCEEDINGS FILED OF RECORD DECEMBER 15,
1989, RECORDED IN BOOK 1Q66, PAGE 174, JOHNSON COUNTY, IOWA
And
LOTS 4 AND 5 IN BLOCK 1
ACCORDING TO THE PLAT T
RECORDS OF JOHNSON CO
WIDE EAST AND WEST BY 57
AND ABUTTING UPON THE 1
CARTWRIGHT'S ADDITION TO
THOSE PORTIONS CONVEYED
657, PAGE 96 AND IN BOOK 105
RTWRIGHT'S ADDITfON TO IOWA CITY, IOWA,
.EOF RECORDED JN DEED BOOK 13, PAGE 432,
TY, IOWA. ALSO/A TRACT OF LAND 15 FEET
cET LONG NORTH AND SOUTH ADJACENT TO
EST END OF/SAID LOT 4 IN BLOCK 1 OF
IOWA CITY,/ IOWA, EXCEPTING THEREFROM
DR HIGHWAY IN BOOK 229, PAGE 107, IN BOOK
0 PAGE 41,4, JOHNSON COUNTY, IOWA.
2. The Owners acknowledge that the Ci�
of the Comprehensive Plan, including
and Riverfront Crossings Master Plan,
§414.5 (2015) provides that the City c
granting a rezoning request, over and
public needs caused by the requested'
r wishes to ensure conformance to the principles
the..West Riverfront Subdistrict of the Downtown
Further, the parties acknowledge that Iowa Code
.Iowa City may impose reasonable conditions in
bove the existing regulations, in order to satisfy
3. In consideration of the City's rezoninb the subject property, Owners agree that
development of the subject prog'erty wil conform to the zoning code, as well as the
following conditions to be satisfied prior to 'ssuance of any building permit for the subject
property:
a. Owners shall dedicate a Strip of land 10 feet wide along the subject property's entire
Riverside Drive and Benton Street fronta\and
e City as public right-of-way; and
b. The existing curb cuts�to Benton Street closed and no vehicular access along
the Benton Street frog tage shall be allow
i
c. The existing curb ,cuts to Riverside Drivbe closed and a new vehicular access
point established in a location away froenton Street intersection approved by
City staff; and
d. The existing curb cuts to Orchard Streea closed and a new vehicular access
point establish ed in a location that bis on and off-site traffic safety and
circulation needs, as determined by the 4. The Owners a d City acknowledge that thtio s contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2015), and that said
conditions saiisfy public needs that are caused by the 'requested zoning change.
5. The Owners and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
2 of 5
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until releFe
d of record by the
City of Iowa City. The parties further acknowledge that this agreet shall inure to the
benefit of and bind all successors, representatives, and assigns ofparties.
7. The Owners acknowledge that nothing in this Conditional Zo9ding Agreement shall be
construed to relieve the Owners from complying with all other pplicable local, state, and
federal regulations.
8. The parties agree that this onditional Zoning Agree ent shall be incorporated by
reference into the ordinance re oning the subject prop y, and that upon adoption and
publication of the ordinance, th agreement shall be ecorded in the Johnson County
Recorder's Office at the Owner's xpense.
Dated this day of
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
5.
OWNERS
By: Hartwig Properties LLP
By: Kum & Go L.C.
3 of 5
KG Store 422 LLC
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
Hayek and Marian K. Karr as Mayor and City Clerk, respectively,
, 2015 by Matthew J.
City of Iowa City.
Notary Public in d for the State of Iowa
(Stamp or Seal
Title (and Ra k)
My commission expires:
GEMENT:
HARTWIG PROPERTIES LLP ACKNOWL D
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me c
by (Name(s) of i
of Hartwig Properties LLP.
I
J
i
2015
ividual(s) as
( pe of authority, such as officer or trustee) of
Notary Pu lic in and for said County and State
(Stamp or S al)
Title (and Ran )
My commission expires:
4 of 5
KUM & GO L.C. ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me o
by
Kum & Go L.C.
2015
ame(s) of individual(s) as
(type of authori , such as officer or trustee) of
Notary Public/in and for the State of Iowa
(Stamp or eal)
Title (ar'd Rank)
ission expires:
KG Store 422 LLC ACKNOWLEDGMENT:
STATE OF IOWA
) ss: i
JOHNSON COUNTY )
This instrument was acknowledged before me on
by (Name(s) of individI(s) as
KG Store 422 LLC
2015
(type f authority, such as officer or trustee) of
Notary Public In and for the State of Iowa
(Stamp or Seal
Title (and Rank)
My commission expires:
5of5
August 12, 2015
Hon. Mayor Matt Hayek and City Council
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
Re: Kum & Go Proposed Store 422
731 Riverside Drive, Iowa City, IA
Mayor Hayek and City Council,
Kum & Go is planning to build a new store on the property at 731 Riverside Drive in Iowa City. We
have been working on this project for several years and we were able to secure the final parcel of
ground needed in 2015.
Over the past several months, out team has been working with City Staff in order to modify our building
and site layout to best conform to the Riverfront Crossings plan. We are excited to bring this addition to
the neighborhood. On August 6th, 2015, our rezoning petition went before the Planning and Zoning
Commission and received a positive recommendation, with no neighborhood opposition.
We'll now look forward to discussing our project with the City Council. As a part of this discussion we
respectfully request a consolidation of the ordinance readings for our rezoning petition. Our 2015 build
calendar is shrinking and, with no current opposition, saving several weeks of process would allow
construction to occur within this calendar year.
Thank you for your consideration.
Sincerely,
Nik Halfhill
Site Development Manager
6400 Westown Parkway, West Des Moines, Iowa 50266-9857 1 515-226-0128 1 FAX 515-226-1595
www.kumandgo.com
City Council
Planning and Zoning Items
September 15, 2015
Rezoning Item
REZ15-00015: Discussion of an application submitted by Kum
& Go, LC for a rezoning from Community Commercial (CC -2)
Zone to Riverfront Crossings — West Riverfront (RFC -WR) Zone
for approximately 1.45 acres of property located at the
northwest corner of W. Benton Street and S. Riverside Drive.
Proposed rezoning for 4 parcels
located west of S. Riverside Drive
and north of W. Benton Street, from
Community Commercial (CC2) to the
r.. West Riverfront Subdistrict of Riverfront
_Crossings (RFC -WR).
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Rezoning Benton St /Riverside Dr
Recommended Conditions
Dedication often feet of land along Benton St and
Riverside Drive frontages for right-of-way
Closure of existing curb cut on Benton St
Closure of curb cuts on Riverside Drive, and a single
new access point being established on Riverside
Drive away from the Benton / Riverside intersection
Closure of existing curb cuts on Orchard St and a
single new access point being established
Annexation and Rezoning Item
ANN15-00001 / REZ15-00015: Discussion of an application
submitted by CBD, LLC for annexation of 18.6 acres and
rezoning from County Multi -Family Residential (RMF) to Low
Density Multi -Family (RM -12) for approximately 1.91 acres
and Low Density Single Family (RS -5) for approximately 16.75
acres of property located west of Churchill Subdivision, south
of Herbert Hoover Highway
' Zoning designations available ohne at: Document Path: S:%PCDV_ocatlon Maps1201S MN 15-00001 and REZ15-00014 aedaimcd
http:tly .icgov.orgfsitetCMSv2fFilefplannng/urban/ZoningMap.pdf
ID -RS
RS5
HERBERT HOOVER
Request to annex 18.66 acres and
rezone the property from County
Multi -Family Residential (RMF) to
Low Density Multi -Family (RM12)
and Low Density Single Family (RS5
RS5
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LOWER WEST BRANCH RD SE _ R,
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Herbert Hoover Highway (Churchill
Meadows) recommended conditions
Developer responsible for providing sanitary sewer
and water service to the property
Approval of a development plan for the multi -family
parcel by the Design Review Committee, including a
landscaping plan and exterior building design
Payment of fees toward future upgrade of Herbert
Hoover Highway
Construction of a sidewalk along the south side of
Herbert Hoover Highway to connect to Olde Towne
Village
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 15th day of September, 2015, in
Emma J. Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
1. A RESOLUTION TO ANNEX
APPROXIMATELY 18.6 ACRES OF LAND
LOCATED WEST OF CHURCHILL
SUBDIVISION, SOUTH OF HERBERT
HOOVER HIGHWAY (ANN15-00001)
2. AN ORDINANCE CONDITIONALLY
REZONING PROPERTY FROM COUNTY
MULTI -FAMILY RESIDENTIAL (RMF) TO
LOW DENSITY MULTI -FAMILY (RM -12) FOR
APPROXIMATELY 1.91 ACRES AND LOW
DENSITY SINGLE FAMILY (RS -5) FOR
APPROXIMATELY 16.75 ACRES FOR
PROPERTY LOCATED WEST OF
CHURCHILL SUBDIVISION, SOUTH OF
HERBERT HOOVER HIGHWAY (REZ15-
00014)
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Bob Miklo and Katie Gandhi, Planning
Intern
Item: ANN 1 5-00001/REZ1 5-00014 Date: July 16, 2015
GENERAL INFORMATION:
Applicant: CBD, LLC
414 E. Market Street
Iowa City, IA 52240
319-631-1867
Contact Person:
Duane Musser
d. musser(a-mmsconsultants. net
319-351-8282
Requested Action: Annexation & Rezoning
Purpose: To annex 18.66 acres located west of Churchill
subdivision and to rezone the property from County
Multi -Family Residential (RMF) to Low Density Multi -
Family (RM12) and Low Density Single Family (RS5)
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan Future Land Use
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
South of Herbert Hoover Highway
18.66 acres (16.75 acres RS -5 and 1.91 acres RM -
12)
Agricultural - County Multi -Family Residential (RMF)
North: Residential — County Residential (R)
South: Residential and Agricultural — County
Residential (R)
East: In process of being developed — RM -12 and
RS -5
West: Residential and Agricultural — County
Commercial District (C)
Residential
June 11, 2015
July 26, 2015
CBD, LLC, with the consent of the property owner, Earlene J Dafazio Revoc Trust, has requested
the annexation and rezoning of 18.66 acres of property located south of Herbert Hoover Highway.
The applicant has requested the property be rezoned from County Multi Family Residential (RMF)
to 1.91 acres of Low Density Multi -Family Residential (RM -12) and 16.75 acres of Low Density
2
Single Family Residential (RS -5). The Comprehensive Plan future land use map shows the
property within the long-range growth boundary of Iowa City and identifies the property as
appropriate for residential development. This property is west of Churchill Meadows, which was
recently annexed and zoned for a mix of single-family and multi -family development.
The applicant has indicated that they have chosen not to use the "Good Neighbor Policy.
ANALYSIS:
Annexation
The Comprehensive Plan has established a growth policy to guide the decisions regarding
annexations. The annexation policy states that annexations are to occur primarily through
voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be
reviewed under the following three criteria. The Comprehensive Plan states that voluntary
annexation requests should be viewed positively when the following conditions exist.
1. The area under consideration falls within the adopted long-range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the City's
Zoning Map. The subject property is located within the City's long-range boundary. The
boundary is located approximately % of a mile east of the subject property if continuing
along Herbert Hoover Highway.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City.
Iowa City has a need for expanded housing options to accommodate a growing
population. The Northeast District Plan identifies the subject property as an appropriate
location for residential development, including single-family houses with the possibility of
some townhouses or small multi -family buildings adjacent to Herbert Hoover Highway.
Residential development of the subject property will fulfill the need for increased housing
availability in Iowa City.
The Comprehensive Plan encourages growth that is contiguous and connected to existing
neighborhoods to reduce the costs of providing infrastructure and City services. The
eastern border of the subject property is adjacent to Churchill Meadows Subdivision, which
was recently annexed and approved for development by the City Council, subject to the
condition that the owner shall be responsible for providing sanitary sewer and water
service. In light of this new development, the annexation of the subject property is
contiguous with planned future development.
The property will utilize the water main being installed along Herbert Hoover Highway to
serve the Churchill Meadows subdivision to the east. The property will also be able to
utilize the sewer infrastructure and lift station being installed for Churchill Meadows.
The Comprehensive Plan and Northeast District future land use maps identify the City's
intention to incorporate the subject property and the surrounding properties into the city.
Infrastructure developed to serve the subject property will allow for easier connectivity of
future infrastructure for the surrounding properties, promoting future annexation and
development of these properties. In staff's opinion annexation of the subject property is
thus in the City's long-term interest for development of this area of the Northeast District
and will not impose an undue burden on the City.
3. Control of the development is in the City's best interest.
The property is within the Long -Range Planning boundary. It is appropriate that the
PCD\Staff Reports\staff report ann15-00001 rez15-00014.doc
3
proposed property be located within the city so that residents of future development may
be served by Fire, Police, water, and sanitary sewer service. Annexation will allow the City
to provide these services and assure that infrastructure meets City standards. Annexation
will allow the City to control zoning so that it is compatible with the Comprehensive Plan.
For the reasons stated above, staff finds that the proposed annexation complies with the
annexation policy.
Zoning
The property is currently zoned County Multifamily Residential (RMF). Although the current
County zoning theoretically would allow apartments to be built on the property, the Fringe Area
Agreement and the need for adequate infrastructure prevents development of the property until it
is annexed into the city.
The applicant is requesting to rezone the southern 16.75 acres of the property to Low Density
Single Family Residential (RS -5). The RS -5 zone is primarily intended to provide housing
opportunities for individual households. The regulations allow for some flexibility of dwelling
types to provide housing opportunities for a variety of household types (duplexes and attached
single family on corner lots). This zone also allows for some nonresidential uses that contribute
to the livability of residential neighborhoods, such as parks, schools, religious institutions, and
daycare facilities. The RS -5 zone allows for single family lots with a minimum lot area of 8,000
square feet, and a minimum lot width of 60 feet. Lots that provide vehicle access from an alley or
rear lane have a minimum lot size of 6,000 square feet, and a minimum lot width of 50 feet.
Duplexes or attached single family lots are allowed on street corner lots provided that there is at
least 6,000 square feet per unit.
The applicant is also requesting to rezone 1.91 acres on the northern edge of the property
(adjacent to Herbert Hoover Highway) to Low Density Multi -Family Residential (RM -12). The
purpose of the RM -12 zone is to provide for the development of high density, single-family
housing and low density, multi -family housing. This zone is intended to provide a diverse variety
of housing options in neighborhoods throughout the City. Careful attention to site and building
design is important to ensure that the various housing types in any one location are compatible
with one another.
The Comprehensive Plan encourages housing diversity with townhouses and small apartment
buildings being located at major intersections, near commercial areas, and adjacent to parks
and open space. This rezoning is consistent with the Comprehensive Plan and the Northeast
District Plan, which suggest low-density single-family residential development with the
possibility of multi -family adjacent to Herbert Hoover Highway. The proposed rezoning is also
compatible with Churchill Meadows to the east, which also includes RM -12 zoning adjacent to
Herbert Hoover Highway.
The applicant has submitted the attached concept plan showing how the property might be
developed according to the proposed zoning. It should be noted that this is a concept plan that
is subject to change. Staff will review the plan in more detail at that time of subdivision review.
Changes may be necessary to meet subdivision standards regarding block length and street
connectivity.
Sanitary Sewer and Water
As with Churchill Meadows, staff recommends that the owner/developer be responsible for
providing sanitary sewer and water service to this property. The applicant plans to connect to the
water main that will be installed along Herbert Hoover Highway and to the sewer system of
Churchill Meadows development to the east. The City Engineer has determined that this plan is
workable.
PCD\Staff Reports\staff report ann15-00001 rez15-00014.doc
4
Traffic Implications
Herbert Hoover Highway serves as the arterial street connecting the subject property with the
rest of Iowa City to the west; it is currently is not built to City standards. Although the pavement
is in reasonable condition, there is no curb, gutter, storm sewers or sidewalks. The Subdivision
Code gives the City the discretion to approve development on roads that do not meet City
standards, provided the developer contributes to the cost of improving the street in the future.
For arterial streets the fee is 12.5% of the cost for improving the street based the City
Engineers estimate. Payment of these fees will need to a part of the developer's agreement at
the time the property is platted.
When Churchill Meadows was rezoned there was a requirement that a sidewalk connection be
provided to the existing sidewalk network within the city. A sidewalk along Herbert Hoover
Highway was considered to connect to the commercial development in Old Town Village. A
sidewalk through an easement across St. Patrick Church property was also considered. At the
time of final plat approval the route to the south across St. Patrick property was chosen. If
there is going to be more residential development in this area staff recommends that a sidewalk
connection Old Town Village be a condition of approval.
Environmentally Sensitive Areas
There is a drainage way in the southwest corner of the property that could potentially contain
regulated slopes and other areas regulated by the Sensitive Areas Ordinance. The sensitive
areas on the property will be further evaluated when the property is subdivided.
STAFF RECOMMENDATION:
Staff recommends approval of ANN 15-00001 and REZ15-00014, annexation of approximately
18.66 acres and a rezoning from County Multi -Family Residential (RMF) to 1.91 acres of Low
Density Multi -Family Residential (RM -12) and 16.75 acres of Low Density Single Family
Residential (RS -5) for the property located south of Herbert Hoover Highway, subject to a
Conditional Zoning Agreement stipulating:
1. The owner/developer will be responsible for providing sanitary sewer and water service to
this property.
2. Approval of a development plan for the RM -12 zone, including a landscaping plan, exterior
building designs, and site plan by the Design Review Committee to ensure
Comprehensive Plan policies regarding compatibility with lower density residential
properties and appropriate development appearance for an entranceway to the City, will
be required prior to approval of a building permit.
3. The payment of fees required for the upgrade of Herbert Hoover Highway.
4. The owner/developer will install a pedestrian walkway along Herbert Hoover Highway to
connect to Old Town Village.
ATTACHMENTS:
1. Location Map
2. Concept Plan
Approved by: _7
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
PCD\Staff Reports\staff report ann15-00001 rez15-00014.doc
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Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 14 of 18
Freerks mentioned that this new application addressed all the concerns the Commission had
regarding this project. Parsons agreed. She also feels the storm shelter will be a benefit for the
community atmosphere.
Eastham agreed that the changes help the plan meet the major issues with this location however
it is in a flood prone area and there is no way to get away from that. Parkview Terrace was built
in the early 1960s and was built with the feeling that the Coralville Dam would protect those
areas from future flooding which has not been the case. The City and Federal Government just
completed a levee close to this project, intended to prevent future flooding but there is no
guarantee that levee will hold against future flooding. Eastham is aware of the need for
affordable housing but does not feel it should be in a flood prone area.
Yapp noted that in the flood prone areas the Code requires the first floor area to be one foot
above the 500 year flood plain level.
Hensch noted his appreciation of the applicant to listen to the concerns of the Commission and
address the things they could reasonably address.
A vote was taken and the motion carried (4-2 Eastham and Martin dissenting).
---� ANNEXATION I REZONING ITEM (ANN15-00001/REZ15-00014):
Discussion of an application by CBD, LLC for annexation of 18.6 acres and rezoning from
County Multi -Family Residential (RMF) to Low Density Multi -Family (RM -12) for approximately
1.91 acres and Low Density Single Family (RS -5) for approximately 16.75 acres of property
located west of Churchill Subdivision, south of Herbert Hoover Highway.
Yapp stated that this item was deferred at the July 16 meeting to allow further discussion of
staff's recommendation that a sidewalk be required along Herbert Hoover Highway to
connect this property with Olde Towne Village. Staff and the applicant have discussed
standards for the sidewalk. Staff agrees that we will allow flexibility from the standards to
allow the alignment to avoid existing utilities that are not feasible to move. The flexibility in our
standards will not be for the pavement width, thickness, etc. The flexibility in our standards will
only be for the alignment, location and elevation of the sidewalk, and the final alignment should
be subject to approval by the City Engineer.
Staff recommends approval of ANN15-00001 and REZ15-00014, an annexation of
approximately
18.66 acres and a rezoning from County Multi -Family Residential (RMF) to 1.91 acres of Low
Density Multi -Family Residential (RM -12) and 16.75 acres of Low Density Single Family
Residential (RS -5) for the property located south of Herbert Hoover Highway, subject to a
Conditional Zoning Agreement stipulating:
1. The owner/developer will be responsible for providing sanitary sewer and water service to
this property.
2. Approval of a development plan for the RM -12 zone, including a landscaping plan, exterior
building designs, and site plan by the Design Review Committee to ensure
Comprehensive Plan policies regarding compatibility with lower density residential
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 15 of 18
properties and appropriate development appearance for an entranceway to the City, will
be required prior to approval of a building permit.
3. The payment of fees required for the upgrade of Herbert Hoover Highway.
4. The owner/developer will install a sidewalk along Herbert Hoover Highway to connect to
Olde Towne Village, with the location and design of the sidewalk to be approved by the
City Engineer.
Dyer asked if it would be a permanent sidewalk. Yapp replied it would be a semi-permanent
sidewalk in that there are no current plans to reconstruct Herbert Hoover Highway at this time.
Perhaps in 15 or 20 years from now Herbert Hoover Highway may be reconstructed and at that
time an actual permanent sidewalk would be put in. Because that is so far in the future is why
Staff believes it is important now to have a concrete sidewalk installed.
Freerks opened the public hearing.
Duane Musser (MMS Consultants) representing the applicant agrees with the Staff report and
acknowledged that the main concern was the sidewalk and having the flexibility to try and work
around some of the existing utilities. There are several large utility poles and telephone boxes,
the area goes in and out of city versus county properties and concerns were stated at the good
neighbor meeting from neighbors that are not interested in annexing into the city about a
sidewalk on their property.
Martin asked if Musser works with both the County and the City on these projects that cross
multiple municipals. Musser said they do work with both for permits for water mains and such
items that need to go through the County right-of-ways.
Freerks closed the public hearing.
Eastham moved for approval of ANN15-00001 and REZ15-00014, annexation of
approximately 18.66 acres and a rezoning from County Multi -Family Residential (RMF) to
1.91 acres of Low Density Multi -Family Residential (RM -12) and 16.75 acres of Low
Density Single Family Residential (RS -5) for the property located south of Herbert
Hoover Highway, subject to a Conditional Zoning Agreement stipulating:
1. The owner/developer will be responsible for providing sanitary sewer and water
service to this property.
2. Approval of a development plan for the RM -12 zone, including a landscaping plan,
exterior building designs, and site plan by the Design Review Committee to ensure
Comprehensive Plan policies regarding compatibility with lower density residential
properties and appropriate development appearance for an entranceway to the City,
will be required prior to approval of a building permit.
3. The payment of fees required for the upgrade of Herbert Hoover Highway.
4. The owner/developer will install a sidewalk along Herbert Hoover Highway to
connect to Olde Towne Village, with the location and design of the sidewalk to be
approved by the City Engineer.
Martin seconded the motion.
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 16 of 18
Parsons mentioned at the last meeting the discussion of the possibility of annexing the land to
the west of this area and wondered if that was planned. Yapp said there has not been an
application for that area, but the City has heard interest of possible annexation from a potential
developer of that property. That interest has since waned and there have been no applications.
Freerks said she felt this would be a nice addition to the area and it was nice to see the
compromise here for the sidewalk.
A vote was taken and the motion carried 6-0.
COMPREHENSIVE PLAN ITEM:
Consider a motion setting a public hearing for August 20 for discussion of an amendment to the
Comprehensive Plan to add a three block area, bounded by Burlington St, Gilbert St, Iowa Ave
and Van Buren St, to the Downtown District section of the Downtown and Riverfront Crossings
Master Plan.
Martin noted that she serves on the Board of Directors for an organization that is housed within
200 feet of this area.
Eastham asked if the Commission was to also hold the South District Comprehensive Plan on
August 20 and wondered if the South District Plan discussion could be delayed. Yapp agreed
that was a good point. Freerks noted there would not likely be much overlap of interested parties
for both discussions. Yapp said he would be comfortable with delaying either discussion, but
noted that the South District Plan has been on the agenda for a while.
Hektoen said the Commission has already considered a motion on the South District Plan to hold
discussion on August 20.
Yapp stated that deferring this Comprehensive Plan Item until September 3 would be fine, and
that he would still proceed with getting the documents on the website.
Eastham moved to set a public hearing for September 3 for discussion of an amendment
to the Comprehensive Plan to add a three block area, bounded by Burlington St, Gilbert
St, Iowa Ave and Van Buren St, to the Downtown District section of the Downtown and
Riverfront Crossings Master Plan.
Parsons seconded the motion.
A vote was taken and the motion carried 5-0 (Martin abstained).
CONSIDERATION OF MEETING MINUTES, JULY 16,2015:
Eastham moved to approve the meeting minutes from the July 16, 2015 meeting.
Dyer seconded the motion.
A vote was taken and the motion carried 6-0.
Prepared by: Katie Gandhi, Planning Intern NDS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230
(ANN 15-00001 /REZ15-00014)
RESOLUTION NO.
A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 18.66
ACRES OF PROPERTY LOCATED AT SOUTH OF HERBERT HOOVER HIGHWAY.
(ANN15-00001/REZ1.5-00014)
WHEREAS, CBD LLQ is the owner and legal titleholder of approximately 18.66 acres of land
located south of Herbert over Highway; and j
WHEREAS, the owner, as requested annexation of the ap roximate 18.66 -acre tract into the
City of Iowa City, Iowa; and
WHEREAS, the aforemen ' ned property is located within t e Long -Range Planning Boundary
of the City of Iowa City, and
WHEREAS, control of the ar proposed for annexation ' in the City's best interest because
it will allow development in a mann consistent with the Co prehensive Plan; and
WHEREAS, pursuant to Iowa de 368.5 and 368.7 (2015), notice of the application for
ard of Su er
annexation was sent to the Johnson unty Bovisors, Johnson County departments
of Attorney, Auditor, Engineer, Planning nd Zoning, ea affected public utility, Scott Township,
the Metropolitan Planning Organization of ohnson
Governments; and
WHEREAS, none of these entities have o ' cte
WHEREAS, the Planning and Zoning Com is:
has recommended approval.
NOW, THEREFORE, BE IT RESOLVED BY
CITY, IOWA, THAT:
1. The following described land should be
, and the East Central Iowa Council of
the proposed annexation; and
has reviewed the proposed rezoning and
ITY COUNCIL OF THE CITY OF IOWA
ann�wed to the City of Iowa City, Iowa:
BEGINNING AT THE SOUTHEAST CORNER F THE NORTHEAST -QUARTER OF THE
NORTHWEST ONE-QUARTER OF SECTION ,TOWNSHIP 79 NORTH, GE 5 WEST, OF THE FIFTH
PRINCIPAL MERIDIAN, JOHNSON COUNT , IOWA; THENCE N88'13'0 "W, ALONG THE SOUTH LINE
OF SAID NORTHEAST ONE-QUARTER OF HE NORTHWEST ONE-QU TER, 661.53 FEET; THENCE
N00°42'12"W, ALONG THE WEST LINE O THE EAST ONE-HALF OF THE D NORTHEAST ONE-
QUARTER OF THE NORTHWEST ONE- ARTER OF SECTION 7, A DIST E OF 1154.79 FEET, TO ITS
INTERSECTION WITH THE SOUTHE RIGHT-OF-WAY LINE OF HERBER HOOVER HIGHWAY SE;
THENCE NORTHEASTERLY, 90.04 FE T, ALONG SAID SOUTHERLY RIGHT -O -WAY LINE, AND AN
ARC OF A 539.98 FOOT RADIUS C E, CONCAVE SOUTHEASTERLY, WHOS X9.94 FOOT CHORD
BEARS N61033'20"E; THENCE NORT EASTERLY, 232.86 FEET, ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE, AND AN ARC OF A 108,x.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE
232.41 FOOT CHORD BEARS N81°:15'33"E; THENCE S87°52'41"E, ALONG SAID SOUT)I RIG"T-OF-WAY
LINE, 97.67 FEET; THENCE N89°41'57"E, ALONG SAID SOUTH RIGHT-OF-WAY L < , 253.§ FEET, TO A
POINT ON THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORT T JAM-
QUARTER OF SECTION 7; THENCE S00°43'54"E, ALONG SAID EAST LINE, 1251.2 T, 'q SAID
POINT OF BEGINNING, CONTAINING 18.66 ACRES.'"'
y, [
Resolution No.
Page 2
2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under Section 368.7 (2015) at Owner's expense.
3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary
documents for certification of the population of the anne ed territory to Johnson County and
the State Treasurer, ' aid population being zero.
Passed and approved this day of , 2015
ATTEST:
CITY CLERK
MAYOR
Approved by
City Attorney's Office
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
SPECIAL PROVISIONS AND ESTIMATE OF
COST FOR THE WILLOW CREEK/KIWANIS
PARK IMPROVEMENTS PROJECT - PHASE 1,
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City Council
of the City of Iowa City, Iowa, will conduct a public
hearing on plans, specifications, form of contract,
special provisions and estimate of cost for the
construction of the Willow Creek/Kiwanis Park
Improvements Project — Phase 1 in said city at
7:00 p.m. on the 15th day of September, 2015,
said meeting to be held in the Emma J. Harvat
Hall in City Hall, 410 E. Washington Street in said
city, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted
by the City Clerk.
Said plans, specifications, form of contract,
special provisions and estimate of cost are now
on file in the office of the City Clerk in City Hall in
Iowa City, Iowa, and may be inspected by any
interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARIAN K. KARR, CITY CLERK