HomeMy WebLinkAbout1988-04-05 OrdinanceORDINANCE NO.
AN ORDINANCE MENDING THE ZONING ORDINANCE BY CNWNG-
ING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED
ON CAMBRIA COURT NORTH OF CAE DRIVE.
WHEREAS, the property is located in an area
zoned FOH-8, Planned Developnent Housing Overlay
Zone; and
THERMS, the Carprehensive Plan for the City of
Ioa City shows low density residential use at a
dwelling unit density of 2-8 dwelling units per
acre; and
WHEREAS, the existing developrent near the
property is for law to mediun density residential
uses for vhich this request would be carpatible; and
WHEREAS, mediun density residential uses are the
most appropriate use for the area; and
WHEREAS, the proposed rezoning would result in a
decrease in developrent density, consistent with
surrounding uses.
NOW, TFEREFORE, BE IT MINED BY U CITY COUN-
CIL OF TIE CITY OF IOWA CITY, IOWA, THAT:
SECTION I. N00ENT. The property described
below is hereby reclassified frau its present clas-
sification of PCH -8 to RS -8:
Lot 93, Ty'n Cae Subdivision, Part 2.
SECTION II. ZONING WE. The Building Inspector
is hereby authorized and directed to change the
zoning nap of the City of Iowa City, Ias, to con-
form to this anTdrent on the final passage, ap-
proval and publication of this ordinance as provided
by law.
SECTION III. REPEALER: All ordinances and parts
of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section,
provision or paTF_ as inane shall be ad-
judged to be invalid or unconstitutional, such adju-
dicatim shall not affect the validity of the
Ordinnance'as a whole or any section, provision or
part thereof not adjudged invalid or unconstitu-
tional.
SECTION V. EFFECTIVE DATE: This Ordinance shall
be in a ec a errs ma passage, approval and
publication as required by law.
Passed and approved this
ATTEST:
CITY CLERK
APPA �ED ASS TD �pRM
LE AL
DEPARTIMENT
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It was moved by and seconded by that
the Ordinance be a t upcn roll call there were:
AYES: MYS: ABSENT:
Aibrisco
Courtney
Dickson
Horowitz
Larson
McDonald
Strait
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
Approved as to Form
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flir4ael Babot TonstructiLln
931 Malden Lane
IOWA CITY, IOWA 52240
April 4, 1988
Honorable Mayor and City Council:
I am requesting expedited consideration on the approval
of Cambria Court Part II. All deficiencies on the plat have
been resolved, and has been approved by Planning and Zoning.
I
Thank you for your consideration in this matter.
MEH/jh
Sincerely,
Mintel E. Hodg`
�oa�M
APR 41988
MARIAN K. KARR
CITY CLERK (3)
STAFF REPORT
To: Planning & Zoning Commission
Item: Z-8803, Michael Hodge Construction
S-8803. Cambria Court, Part 2
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Legal description:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
File date:
45 -day limitation period:
SPECIAL INFOR14ATION
Public utilities:
Public services:
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Prepared by: Barry Beagle
Date: February 18, 1988
Michael Hodge Construction
931 Maiden Lane
Iowa City, Iowa 52240
Phone: 354-2233
Rezoning from PDH -8 to RS -8, and
preliminary and final plat ap-
proval.
To establish a conventional
three -lot residential subdivi-
sion.
Lot 93, Ty'n Cae Subdivision,
Part Two.
West side of Cambria Court and
north of Cae Drive.
0.71 acres.
Undeveloped; pDH-8.
North - Residential; RS -8,
South - Residential; PDH -8
East - Residential; PDH -8. .
West - Residential; PDH -8.
Residential, 2-8 CUM
January 27, 1988.
March lo, 1988.
Adequate water and sewer services
are available.
Police and fire protection are
available, Sanitation service
will be provided by the city,
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Transportation:
Access is provided by Cambria
Physical characteristics: Court via Cole Drive,
The site is moderately flat,
BACK=D sloping uniformly to the west.
In November 1979, an amended
Sion plat of Lot 9p Planned area development
estab-
lished a six TY'n Cae Subdivision (PAD) Plan and subdivi-
attached ma (6) lot subdivision contai�i�art 2, was approved which
eight P•) Lot 93, established b g 68 multi-famil es(See
(B) unit townhouse building. Y the 1979 action Y units. (See
was approved with an
The applicant proposes to resubdivide the 0.71 acre lot
size lots. Proposed lot sizes will ran
square feet. The a into three (o duplex
on each lot, PP1�cant Proposes to 9e from 9,170 square feet to 10,881
construct one (1) condominium duplex
ANALYSIS
It is the purpose of
It
rt and final this report to evaluate the proposed rezoning
rate action Plat of Cambria Court Subdivision and pre -
independently, is required on both requests, thePart Two,
Since sepa-
Y will be reviewed
Proposed Rezoning,
The applicant is seeking to rezone Lot 93 from PDN -8 to
opment of a conventional subdivision, In March 1987, the applicant in rezoning and resubdividin RS -8 to permit cevel-
seven (7) lots zoned R3-8. 9 Lots 9e and 9S i enorth, succeeded
ous request with regard to jots request is similerdtotthe ao the
duplexes on sizes and his intention to build ct s into
each lot, build condominium
The OPON Zone is intended to
structures and land in Permit .e. exibill t
inappropriate and situations where Y in the use and design of
will not be where modifications of r conventional development may
inconsistent ivint the Comprehensive Plan equirements of the underlyingy be
to t Ll intent and purpose of the Zoning zone
which they are located," , nor harmful Ordinance
Of the underlying (Section 36-q7 a to the neighborhood in
design, placement zo eclusteriis not �xceeded ()) Provided the
the developer has flexibility density
plan, g of buildings in accordance with an a �n the
The underl in approved
ch this
allows for the development �of detached stingleis ,famild
as a provisional use is RS -8, The RS -8 zone
square feet. Provided the minimum lot area residences, and duplexes
Per duplex lot is 8,100
The PAD plan approved in
(8) unit townhouse on Lot1939 Theapplicant
permits the development
into three (3) lots to PPlicant desires to resubdiv f anleight
Plexes consistent with the the
iv�snistruction of
Rezonin the three (3) condominum du-
g Parcel would result in the development
9q and
96 to the north.
pment density of the lot being
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reduced from eight (8) dwelling units to six (6) dwelling units. The subject
rezoning is consistent with the land use designation of the Comprehensive
Plan for this area, and would permit development consistent with the charac-
ter of surrounding land use patterns.
Subdivision Proposal.
The proposed subdivision represents a typical conventional subdivision and is
in substantial compliance with the City's Subdivision Regulations with the
exception of a few minor deficiencies. Each lot complies with the minimum
lot area requirements of the RS -8 Zone. Stormwater management has already
been approved for the Ty'n Cae Subdivision and will not require on-site
detention for this subdivision. No additional street right-of-way is pro-
posed to be dedicated with this subdivision, with each lot fronting on
Cambria Court. The legal papers have been submitted and are currently under
review by the Legal Department.
Economic Impact: Economic impact is a measure of the public costs and bene-
fits associated with the proposed project. Public benefits can be measured
in terms of tax revenue generated. The liabilities or public costs are not
always quantifiable, but can be recognized through direct public construction
costs (i.e. overwidth paving, sewers, etc.) and indirect public costs through
the additional public services demanded.
Although rollbacks of assessed values and tax levies change from tax year to
tax year, it is possible to estimate the annual taxes that would be generated
by the development of the subject parcel. Given the value of existing resi-
dential development in the immediate area, the assessed valueof each poten-
tial lot within the proposed subdivision, including improvements, is
approximately $100,000. For tax purposes, the values of residential uses
within this tax year are rolled back to 77.3604% of their assessed values.
The City tax levy presently imposed on a residential use is $11.54919/$1,Oo0
of assessed
opedandsthatathetpropertyshasnanalot in assessedthe valuueoofsed $1001,000,ision is devl-
the amounteof
tax due on that property this year would be approximately $893. If each of
the three lots were developed today, the City would realize an annual in-
crease in the tax base of approximately $2,680.
While no direct construction costs to the City are required with this subdi-
vision, indirect costs such as garbage pickup, maintenance of streets and
municipal utilities, and police and fire protection are incurred. With
increased residential development, local schools, parks, the public library,
the transit system, and roadways outside the development are also affected.
This subdivision is not expected, however, to impact the City's ability to
provide municipal services.
STAFF RECOMMENDATION
Staff recommends that the proposed rezoning of Lot 93, Ty'n Cae Subdivision,
Part 2, from POH-8 to RS -8, be approved.
Staff recommends that the preliminary and final plat of Cambria Court Subdi-
vision, Part 2, be deferred pending resolution of the following deficiencies
and discrepancies. Upon resolution of those items, staff recommends that the
plat be approved.
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DEFICIENCIES AND DISCREPANCIES
1. Submission and approval of construction plans for the sanitary sewer.
2. Show location of six inch water main on east side of Cambria Court.
ATTACHMENTS
1. Location Map.
2. Amended PAD Plan (1979) for Lots 91-96.
3. Preliminary and Final Plat of Cambria Court Subdivision, Part Two.
Approved by:
Don ld Schmeiser, Direct r
Department of Planning
and Program Development
LOCATION MAP
Z-8803 & S-8803
Cambria Court Subdivision, Part two
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Amended PAD for Lots 91 - 96
(1979)
ORDINANCE NO.
AN ORDINANCE NfMING THE ZONING ORDINANCE BY D*r,
ING THE USE REGLLATIONS OF CERTAIN PROPERTY LOCATED
NORTH OF ROh ET ROAD AND WEST OF HIGMY 218.
W`EREAS, the Property is located in an area
zoned FOH-5, Planned Development Housing Overlay
Zone; and
WIEREAS, the Comprehensive Plan for the City of
Iowa City shows agricultural/rural residential land
uses for this area with the exception of Minter's
Run Subdivision which Previously received prelimi-
nary approval; and
ffWAS, the existing development near the
Property is for low-density single family residen-
tial uses for which this request would be corpat-
ible; and
Vh-EREAS, low density residential uses are the
most appropriate use for this area; and
IdEREAS, the Proposed rezoning will result in a
decrease in the density of development for Hinter's
Rin Subdivision consistent with surrounding uses.
NOW, THEREFORE, 8E IT ORDAINED BY THE CITY COLN-
CIL OF INE CITY OF IOWA CITY, IOWA, THAT:
SECTION I. *EM+NT. The property described
below a er y rec asst ted from its present clas-
sification of PDH-5 to RS-5:
Hunter's Run Subdivision, Parts 2. and 3; and
including a tract described as follows:
COMMcing at the Southeast Corner of the
Southwest Quarter of Section 18, Township 79
North, Range 6 West of the Fifth Principal
leridian; Thence NOOo46'46"E, 1,150.38 feet
to a point on the Center line of Rohret Pbad
and the Point of Beginning; Thence
S701810011W, 574.49 feet along said center
line; Thence NO1°26'00"E, 210.84 feet- Thence
1$8°34'00"W, 199.80 feet; thence SOI°26'00"W,
272.43 feet to a Point on the center line of
Rohret Road; Thence S74018100"W, 484,73 feet
along said center line; Thence S76008'OO"W,
400.00 feet along said center line; Thence
NO2°02 45 E, 1,961.15 feet Thence
S89°33'32"E, 223.35 feet; Thence NOOO57'59"E
227.09 feet• Thence 587°47'59"E, 144.34 feet'
Thence IE, 224.40 feet. Thence
722..453feetb Thence S80op8'm00"E, 142 827 feet;
Thence 89b15'39"E, 444.45 feet; Thence
589°02'39"E,176.09 feet to a point on the
Soutlxesterly right-of-way line of U.S.
High„ay 218; Thence S46001'50"E, 289,57 feet
44?
along said right -of -may line to the North-
easterly corner of Lot 22 of Hinter's Rin
Subdivision, Part Two; Thence N89015'39"W,
287.01 feet along the Northerly line of said
Part Two; Thence 500044'21"W, 135.00 feet to
a point on the Northerly Right -of -Way line of
Duck Creek Drive; Thence N169015139"W, 298.08
feet along said right-of-way line; Thence
SDO044'21"W, 201.00 feet to the Southwest
Corner of Lot 48 of Hinter's Rin Subdivision,
Part Three; Thence N39015'39"W, 10.00 feet to
the Northwest Corner of Lot 49 of said Part
Three; Thence S00044'21"W, 185.00 feet to a
Point on the Southerly right-of-way line of
Foxana Drive; Thence 589015'39"E, 20.33 feet
along said right-of-way line, Thence North-
easterly, 26.52 feet along a 225.00 foot
radius curve, concave North.esterly, whose
26.50 foot chord bears N87021'45"E; Thence
S06000'50"E, 80.84 feet along the Vksterly
line of said Part Three as arended; Thence
S46001'50"E, 594.19 feet along said Westerly
line; Thence S40003'49"W, 89.22 feet; Thence
500055'12"W, 223.00 feet to a point on the
Center line of Rohret Road, and the Point of
Beginning. Said tract of land contains 57.66
acres more or less.
SECTION II. ZONING MMP. The Building Inspector
is hereby a oriz a directed to change the
zoning mp of the City of Iowa City, Iowa, to con-
form to this anendrent upon the final passage,
approval and publication of this Ordinance as pro-
vided by law.
SECTION III. REPEALER: All ordinances and parts
of ordinances In conflict with the provisions of
this ordinance are hereby repealed.
SECTION IV. SEVEPABILITY: If any section,
provision or p o is finance shall be ad-
judged to be invalid or unconstitutional, such adju-
dication shall not affect the validity of the
Ordinance as a whale or any section, provision or
part thereof not adjudged invalid or unconstitu-
tional.
SECTION V. EFFECTIVE DATE: This Ordinance shall
be in effect after its fina passage, approval and
publication as required by law.
Passed and approved this
ATTEST:
APP ED AS F RM
xLE AL DEPA NT
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It was moved by and seconded by
the Ordinance beadopted, and upon roll call there Here: --that
AYES: NAYS: ABSENT:
Aibrisco
Courtney
_ Dickson
_ Horowitz
_ Larson
McDonald
Strait
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
Approved as to Form
ego
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STAFF REPORT
To: Planning & Zoning Commission
Item: Z-8804. Hunter's Run Development
Co.
S-8801. Hunter's Run Subdivision,
Parts 4-9.
GENERAL INFORMATION:
Applicant: Hunter's Run Development Co.
1550 S. Gilbert Street
Iowa City, Iowa 52240
Phone: 338-2095
Rezoning from PDH -5 to RS -5 and
amended preliminary plat
approval.
To establish a conventional
single-family residential
subdivision.
Immediately north of Rohret
Road and West of Highway 218,
Rezoning: Approximately 82
acres.
Subdivision: 51.66 acres.
Undeveloped; PDN -5.
North - Undeveloped (City
Park); PDH -5.
South - Single -Family Residen-
tial; PDH -5.
East - Single -Family Residen-
tial PDH -5.
West - Undeveloped; IO -RS.
Agriculture/Rural Residential.
Zoning Ordinance, Subdivision
Regulations 'i Stormwater
Management Ordinance.
January 26, 1988.
March 11, 1988.
Prepared by: Barry Beagle
Date: February 18, 1988
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable regulations:
File date:
45 -day limitation period:
SPECIAL INFORMATION:
Public Utilities:
Adequate water and sewer
service are available.
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Public services:
Transportation:
Physical characteristics:
BACKGROUND:
Police and fire protection and
sanitation service are
available.
Access if provided via Rohret
Road and the extensions of Duck
Creek Drive and Foxana Drive.
Topographically the site is
hilly with moderate relief
draining primarily to the north
into Willow Creek.
The applicant proposes to develop the remaining 57.66 acres of Hunter's
Run Subdivision as a conventional single-family residential subdivision.
Currently, the area is zoned PDH -5 with the original preliminary plat,
planned development housing (PDH) and large scale residential development
(LSRD) plans approved on February 10, 1981. The original plat/plan
approved a 117 -acre, 253 -unit, eight (8) part subdivision. The final plat
of Part One, the portion south of Rohret Road, was approved in 1982 as a
ten -lot rural subdivision. In 1984, the preliminary PDH/LSRD plan for
Parts 2-8 was amended and a final plat, PDH and LSRD plan for Parts 2 and
3 was approved. In 1985, the PDH plan for Parts 2 and 3 was repealed and
resubdivided as a 49 -lot single-family residential subdivision. The
applicant seeks to rezone that portion of the development north of Rohret
Road from PDH -5 to RS -5 to continue its development as a single-family
detached subdivision. Accompanying this request is an application for
preliminary plat approval to establish a 115 -lot, single-family sub-
division on the balance of the 57.66 acres known as Hunter's Run Sub-
division, Parts 4-9.
ANALYSIS:
It is the purpose of this report to evaluate the proposed rezoning and
preliminary plat of Hunter's Run Subdivision, Parts 4-9. Since separate
action is required on both requests, they will be reviewed independently.
Proposed Rezoning.
The applicant is seeking to rezone that portion of Hunter's Run Sub-
division located north of Rohret Road from PDH -5 to RS -5. The subject
rezoning would allow its continued development as a conventional single-
family residential subdivision. Part 1, the area south of Rohret Road, is
not part of the subject rezoning.
The PDH Zone is intended to permit "...flexibility in the use and design
of structures and land in situations where conventional development may be
inappropriate and where modification of requirements of the underlying
zone will not be contrary to the intent and purpose of the Zoning
Ordinance, inconsistent with the Comprehensive Plan, nor harmful to the
neighborhood in which they are located." (Section 36-47(a)) Provided the
development density does not exceed the maximum permitted density of the
underlying zone, the developer has flexibility in the design, placement
and clustering of buildings in accordance with an approved plan.
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The underlying zone in which the subject parcel is located is RS -5. The
RS -5 zone allows for the development of a detached single-family residen-
tial subdivision with minimum lot sizes of 8,000 square feet.
Under the amended PDN plan approved in 1984, Hunter's Run Subdivision was
approved for a total of 255 dwelling units (101 single-family lots, 64
duplex units, and 90 multi -family units). Parts 1-3 have been platted as
a conventional single-family subdivision with Parts 2 and 3 platted at an
RS -5 standard. The applicant desires to subdivide the balance of Hunter's
Run in a manner consistent with Parts 2 and 3. Rezoning the subject
parcel would reduce the overall development density by eliminating the
duplex and multi -family units approved under the PDH planThe
accompanying preliminary plat shows the balance of the subdivision as
being subdivided into 115 single-family lots for a development total of
164 lots, a reduction of 91 units from the approved PDH plan.
Rezoning the subject parcel would permit the development of a conventional
single-family residential subdivision consistent with Parts 2 and 3. The
proposed rezoning would permit development consistent with the character
of established single-family uses in Parts 2 and 3.
Subdivision Proposal.
Theproposed ion
subdivision is in general compliance with the Subdivis
Regulations and the dimensional requirements of the Zoning Ordinance for
the RS -5 Zone. Following is a brief review of the significant features of
the plat.
The subdivision provides for the continuation of Duck Creek Drive and
Foxana Drive from Hunter's Run, Parts 2 and 3. Duck Creek Drive is
designed as a collector street with a minimum right-of-way dimension of 66
feet and a minimum pavement width of 31 feet. All other streets are
designed to local street standards with 50 -foot right-of-way and 28 -foot
pavement widths. Both Duck Creek Drive and Foxana Drive are proposed to
extend to the west boundary of the subdivision. The existing PDH plan
for the
makes no provision extension of streets to the west. It is
areas to essential to the growth and development of new and expanding residential
accomplishesprovide
thiis objective.continuation
notherstreet, sPartridge Streettreets The , o extends to
the north boundary of the subdivision for future access to the undeveloped
City parkland immediately north of the subdivision. The Public Works
Department suggests that such an access is not required given the access
that could be gained through the proposed parkway in Part 6. In the
alternative, staff suggests Partridge Street terminate in a cul-de-sac
approximately 50 feet south of the north subdivision boundary and that a
30 -foot access easement extend north of the cul-de-sac to provide for
emergency access.
h Cittreet
Consistent
named "StreetsnamiF olicr example, Pheasantall ValleyDriveandHunter's Run Drive should be renamed "Streets."
To eliminate confusion with regard to the rapid and efficient delivery of
emergencyser(vices, street names should be sufficiently varied. For
example, four 4) streets in the subdivision bear the name "Hunter's"
(Hunter's Run Drive,
Two (2) ihreHunter's Court, Hunter's Glen, and Hunter's Place).
f not te (3) of the street names should be changed to avoid
such duplication.
The
of the
ter
ds
r such
reets a
ail
e Hunter'sPlace, and nHunter'snGlen oraises at concernsofumaintenance maintenance,
customary size of center islands is demonstrated by Hunter's Court, and
Wolfbrook Circle. The larger the size of the islands assumes more
maintenance responsibility by the City.
Much like the approved PDH plan, the amended plat continues to provide for
the future dedication of parkways to the City, In 1981, the Parks and
Recreation Commission gave tentative approval of the future acceptance of
the proposed parkways shown on the PDH plan. An informal arrangement was
made by which the parkway in Part 6 would be dedicated to the City at the
time of final plat approval, if the City agreed to accept the proposed
parkways in Parts 2 and 3, and Part 4. The parkway in Parts 2 and 3 has
not yet been officially accepted by the City. The proposed parkway in
Part 4 is actually a stormwater detention basin as was originally
designed. Pedestrian access to the parkway in Part 4 will be provided by
frontage on Duck Creek Drive and a 10 -foot wide combination storm sewer
and walkway easement between Lots 66 and 67. Pedestrian access should
also be made available from Pheasant Valley Drive for the benefit of lot
owners along the street. Staff suggests that the existing sanitary sewer
easement between Lots 122 and 164 also be designated a walkway easement.
The parkway in Part 6 is not intended to serve as a stormwater management
facility and abuts the undeveloped 16 -acre park north of this subdivision.
Staff recommends that the proposed parkway dedications in Parts 4 and 6 be
reviewed once again by the Parks and Recreation Commission to determine
that there still is an interest in their future dedication to the City.
As a general requirement of the Subdivision Regulations, double frontage
lots shall be avoided except where good platting indicates their use.
Given the amount of frontage on Rohret Road, a certain number of double
frontage lots can be expected. Staff finds the double frontage lots 93-
95, and 152-156 to be acceptable, provided a note is placed on the plat
restricting access to the interior local streets. A similar note concern-
ing corner lots 146 and 158, should also be indicated prohibiting direct
access to Rohret Road.
According to the Municipal Code, fire hydrants should be spaces
approximately 300 feet apart and at street intersections. The Fire
Marshal has identified the need for one additional fire hydrant on
Pheasant Valley Drive.
Economic Impact: Although rollbacks of assessed values and tax levies
change from tax year to tax year, it is possible to estimate the annual
taxes that would be generated by the development of each lot within the
proposed subdivision. Given the value of existing residential develop-
ments in the immediate area of the proposed subdivision, the assessed
value of lots, including a residential dwelling, is approximately $92,000.
For tax purposes, the value of residential uses within this tax year are
rolled ck to 74yof issed values, The
city tax levy
presently imposed upon a residential use is $11.54919/si,000 of assessed
valuation. Assuming a lot in the proposed subdivision is developed and
that the property has an assessed value of $92,000, the amount of tax due
on that property this year would be approximately $822. If the 115 lots
were developed today, the City would realize an annual increase in the tax
base of approximately $94,530.
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Some direct construction costs will be assumed by the City as a result of
the proposed development. There will be overwidth paving costs associated
with the extension of Duck Creek Drive, a collector street, through Parts
4, 6, and 9 to the west boundary line of the subdivision. At today costs,
the price per lineal foot for the overwidth portion is approximately
$5.50. The extension of Duck Creek Drive to the western boundary is
approximately 1,200 feet for a total cost of approximately $6,600.
Another oversized cost to be assumed by the City will be the difference
between a six (6) inch and an eight (8) inch water line to be installed
along Duck Creek Drive. The difference in cost per lineal foot, at
today's costs, is approximately $3.40 for a total cost of approximately
$4,080. The City will also incur expense with the eventual dedication of
the proposed parkways in Parts 4 and 6. Assuming there to be
approximately 10 acres of total parkland between the two (2) parks, it
would cost the City approximately $2,000 a year in maintenance costs not
including capitol improvement and recreational equipment costs.
Indirect costs such as garbage pickup, maintenance of streets and
municipal utilities, and police and fire protection will be incurred.
With increased residential development, local schools, parks, the public
library, the transit system, and roadways outside the development are also
affected. This subdivision is not expected, however, to impact the City's
ability to provide municipal services.
STAFF RECOMMENDATION:
Staff recommends that the proposed rezoning of Hunter's Run Subdivision,
Parts 2 and 3, and the 57.66 acres remaining to be developed, and located
north of Rohret Road, be rezoned from PDH -5 to RS -5.
Staff recommends that consideration of the preliminary plat for Hunter's
Run Subdivision be deferred pending review of the proposed parkways by the
Parks and Recreation Commission and upon resolution of the deficiencies
and discrepancies listed below. Upon resolution of these items, staff
recommends the plat be approved.
DEFICIENCIES AND DISCREPANCIES:
I. Relabel drawing as "Amended Preliminary Plat."
2. Indicate approximate size of proposed parkways in Parts 4 and 6.
3. Place note on plat prohibiting direct access to Rohret Road from
adjacent double frontage and corner lots.
4. Pheasant Valley Drive should be relabeled a "street" as well as
Hunter's Run Drive, consistent with the City's street naming policy,
" 5. Storm Sewer:
a. The storm sewer system in the southwest area is incomplete.
b. Overland drainage easements will be required where the 100 -year
excess flow will not be transported on the streets.
6. Sanitary Sewer:
a. Extend sanitary sewer to the west end of Duck Creek Drive.
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b. The existing house needs to be served with an 8 -inch line to the
lot line.
C. Label sanitary sewer easements as such as opposed to "utility
easements."
7. Water Facilities:
a. Identify an additional fire hydrant on Pheasant Valley Drive
next to Lot 131.
b. Reduce oversized main on Duck Creek Drive to eight inches.
C. Reduce oversized main on Pheasant Valley to six inches.
d. Locate water main on opposite side of the street as the sanitary
sewer.
e. Relocate fire hydrant on Hunter's Court to between Lots 100 and
101.
8. Streets:
a. Change cross slope detail between back of curb and sidewalk to
one-third inch per foot.
b. Redesign cul-de-sacs so as to reduce the area within the center.
9. Designate a walkway easement between Lots 122 and 164.
ATTACHMENTS:
I. Location Map.
2. Preliminary plat of Hunter's Run Subdivision, Parts 4-9.
Approved by:jartment
( rz.
imeiser, Directo
of Planning and
Program Development
V
LOCATION MAP
Hunter' Z-8804 & S -88O1
s Run Subdivision, Parts 4-9
ORDINANCE NO.
Al ORDINANCE AWNDING 1TE ZONING ORDINANCE BY CHANG-
ING T1E OSE REGUTIONS OF CERTAIN PROPERTY LOCATED
AT 615 E. JEFFERSON STREET FRIM RNC-20 TO CO-1.
ffREAS, the property described below abuts
Property zoned CO-', and Mfiich is used as a medical
clinic; and
MfJTAS, the property is presently unoccupied
and there appears to be little chance that it can be
preserved in its present condition; and
VMEREAS, it is more appropriate to allow a
minimal extension of the CO-1 zone into the RC-20
zone than to require that the "ers expend large
sins to salvage a sub-par structure.
NW, THEREFORE, BE IT ORDAINED BY TVE CITY
COUNCIL OF TRE CITY OF IOWA CITY, IOWA:
SECTION I. ZONING AAETrONENT. That the property
described be ow is hereby reclassified from its
Present classification of RC-20 to C0-1:
The Vest 112 of Lot 2, in Block 25, in Iara City,
Johnson County, Iane, according to the plat
thereof recorded in Book 1, Page 116, Plat Re-
cords of Johnson County, Iowa.
SECTION II. ZONING NMP. The Building Inspector is
he y authorized and directed to change the zoning
NP of the City of Iowa City, Iowa, to conform to
this me-d mt upon final Passage, approval and
PublicaSECTION III.f this CERTIFICATIONcAND RECORDe as ING.ed byThe City
Clerk is hereby authorized and directed to certify a
COPY of this Ordinance thich shall be recorded at
the Office of the County Recorder of Johnson County,
Ions,
SECTION IV. REPEALER, All ordinances and Parts of
o manes n tan tct with the provision of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, Provision
hall be be
invalid or unconstitutional Ssuch adjudication ed to
not affect the validity of the Ordinance as a M ole,
or any section, Provision or Part thereof not ad-
Judged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE, This Ordinance shall
b� s final Passage, approval and
pe in e tublication as required by law.
�/S0
"finance W.
Page 2
Passed and approved this
ATTEST:
Approved as to Form
3 zj d:'
Leg Oepar
M
rso
ORDINANCE NO.
AN ORDINANCE MENDING THE ZCNMG OROM CE BY CHANG-
ING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED
EAST OF FIRST AVENJE EXTENDED VIA HICKORY TRAIL.
I& EREAS, the property located east of First
Avenue extended via Hickory Trail is located in an
area zoned ID -RS; and
MfREAS, the Ccaprehensive Plan for the City of
Iowa City shows Residential land uses at a density
of 2-8 dwelling units per acre in the area contain-
ing the subject property; and
ffREAS, the existing development near the
property is for low and medium density residential
uses for Mich the subject rezoning would be ccnpat-
ible; and
MREAS, law density single-family residential
uses are the most appropriate use for this area; and
WHEREAS, because an adequate street network is
essential to the growth and development of new or
expanding residential areas it is necessary to
provide for secondary access if the applicant pro-
poses to rezone additional land to permit residen-
tial development; and
WdEREAS, the applicant has agreed that no fur-
ther rezoning of the balance of the applicant's
property shall be allowed until secondary access is
provided in accordance with the terms and conditions
of a Conditional Zoning Agreerrent, a copy of which
is attached hereto.
NOW, THEREFORE, EE IT ORDAINED BY TIE CITY
COLNCIL OF THE CITY OF 10414 CITY, IM, THAT:
SECTION I. ZONING AhEN7fNT.
Subject to the terns and conditions of the
Conditional Zoning Agreerrent, the property described
below is hereby reclassified from its present clas-
sification of IO -RS to RS -5:
Conrencing at the Southwest Corner of the South-
west Quarter of Section 1, Township 79 North, Range
6 West of the Fifth Principal Meridian- thence
1900001'00"W, 660.00 feet; thence &35'03"E,
1,297.55 feet; thence N00043122"W, 7.63.95 feet;
thence S89043'16"E, 302.29 feet to the Northeast
Corner of Lot 73 of First and Rochester, Part Two
and the Point of inning; thence N0002511111E,
287.94 feet; thence NM '46"E, 187.87 feet; thence
N01022'58"E, 112.41 feet; thence N98°26'44"E, 175.00
feet;thence SOCCOW OD"E, 399.07 feet; thence
SC8000'00"E, 315.29 feet; thence S11139'36"W, 251.82
feet; thence 505100'00"E, 254.63 feet; thence
S11030'00"W, 162.53 feet; thence Southeasterly 35.25
feet, along a 385.53 foot radius curve, concave
Northeasterly, whose 35.23 foot chord bears
S81007'09"E; thence S06015'43"W, 277.70 feet; thence
SB9004'17"W, 170.00 feet; thence N'04055'26"W, 12.25
feet; thence 588054'34"W, 474.00 feet; thence
00005'48"W, 83.75 feet to the Southeast Corner of
Lot 53 of said Part Two; thence N0902215311E, 242.84
feet along the Easterly Line of said Part Two;
thence N18035'00"E, 356.00 feet along the Easterly
Line of said Part Two; thence N04015'00"E, 321.25
feet along the Easterly Line of said Part Toro;
thence N25o38'14"E, 261.75 feet along the Easterly
Line of said Part Two; thence NOOo25'11"E, 23.47
feet along the Easterly Line of said Part Two to the
Point of Beginning.
SECTION 1I. ZONING MAP. The Building Inspector
is hereby authorized and directed to change the
Zoning Map of the City of Iowa City, Iowa, to con-
form to this anendhent upon final passage, approval
and publication of this ordinance as provided by
law.
SECTION III. CONOI 1aa ZONING AGFEEFENT. The
Mayor is hereby authorized and directed to sign, and
the City Clerk to attest, the Conditional Zoning
Agreerent.
SECTION IV. REPEALER. All ordinances and parts
of oTT-r-z-nc-es—i-n—co-nTT1-cE with the provision of this
ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section,
provision cr part o e mance 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 VI. EFFECTIVE 'Al". This Ordinance
sha n e e a er h s final passage, approval
and publication as required by law.
Passed and approved this
MAYOR
ATTEST;
CITY CLERK
APP ED ASW 0 M
/ I
LEGAL DEPARTMENT
.15/
J
o -
It was moved by and seconded by that
the Ordinance as reaU— e�ied, and upon roll ca t ere were:
AYES: NAYS: ABSENT:
Ambrisco
Courtney
_ Dickson
_ Horowitz
_ Larson
_ McDonald
Strait
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
Approved as to Form
Legm ��
Legal Depart Department
'! S-/
n
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CONDITIONAL ZONING AGPEFMENT
THIS AGREEMENT is made by and between the Citv of Iowa
City, Iowa (City), and Plum Grove Acres, Inc., an Iowa Corpo-
ration (Developer).
PF.CITALS:
WHEREAS, Developer owns a tract of land located in the
northeast part of Iowa City, Iowa, legally described as fol-
lows:
Commencing at the Southwest Corner of the
Southwest Ouarter of Section 1, Township 79
North, Range 6 West of the Fifth Principal
.Meridian; Thenc- NDO°01'00"W, 660.00 feet;
Thence N89°35'03"F, 1,297.55 feet; Thence
NOO°43'22"W, 763.95 feet; Thence
989°43'16"E, 302.29 .feet to the Northeast
Corner of Lot 73 of First and Rochester,
Part Two and the Point of Beginning; Thence
No0°25'13"F., 287.94 feet; Thence
188°05'46"E, 187.87 feet; Thence
N01°22'58"E, 112.41 feet; Thence
NOS -26'44"E, 810.19 feet; Thence
SOO'32'00"E, 1,325.33 feet; Thence.
S00°10'32"W, 333.60 feet; Thence
589°04.17"W, 829.09 feet; Thence
N04°55'26"W, 12.25 feet; Thence
SBP -54'34'W, 474.00 feet; Thence
NDO°05'48"W, 83,75 feet to the Southoast
Corner of Lot 53 of said Part Two; Thence
N09"22'53"E, 242.84 feet along the Easterlv
Line of said Part Two; Thence N18°35'00'E,
356.00 feet alone the Easterly Line of said
Part Two; Thence N04°15'o0"E, 321.25 feet
along the Easterly Line of said Part Tvo;
Thence N25°38'14'E, 261.75 feet along the
Easterly Line of said Part Two; Thence
N00°25'11'E, 23.47 feet along the Easterly
Line of said Part Two to the Point of Be-
ginning.
Said tract of land contains 42.54 acres, more or less, and is
subject to easements and restrictions of record and far conve-
nience is hereinafter referred to as "Development Land', and
WHEREAS, Developer has applied to rezone the Development
Land from the Interim Development -Residential Single Family
(IDRS) classification to the Low Denaltv Single-Familv Residen-
tial (RS -51 zone; and
WHEREAS, the sole means of street access to the Develop-
ment Land is via First Avenue and Hickory Trail; and
WHEREAS, Developer has been unable to secure property
through which to provide a secondary means of access to the
City's street system; and
#51
V
O
WHF.RFAS, ;t ;s City's oelicv, based upon safety concerns,
to limit development in areas where secondary access is neither
available nor olan.r.ed: and
WHF.RFAS, the parties have acrd the; twenty -sheen 12'1 is
the maximum number of single fanily residences which nay he
allowed on the Developmert Land before secondary street access
is Provided to the area; and
WHEREAS, Developer and Citv have now agreed to address
said reservations and objections by reducing the area of land
to be rezoned to a portion of the Development land consisting
of 18.43 acres, more or less, legally described as follows:
Commencing at the Southwest Corner of the
Southwest Ouarter of Section 1, Township 79
North, Rahn. 6 West of the Fifth Principal
meridian; Thence N00°01100'W, 660.00 feet;
Thence N89°35'03"E, 1,297.55 feet; Thence
400°43'22"W, 263.95 feet; Thence
S89'43'16'E, 302.29 feet to the Northeast
Corner of Lot 73 of First and Rochester,
Part Two and the Point of Reginninq; Thence
N00'25'11'E, 287,94 feet; Thence
N89°05'46"F., 187.87 feet; Thence
N0]'22'58"F., 112.41 feet; Thence
N88'26'44'E, 175.00 feet; Thence
S00'00'00"E, 399,n7 feet: Thence
SOP -00,00-E, 315.29feet; Thence
SII -39-36-W, 251.82 feet; Thence
S05°00'00"E, 254.63 net; Thence
S11'30'00"W, 162.53 feet, Thence
Southeasterly 35.25 feet, along a 385.53
font radius curve, concave Northeasterly,
whose 35.23 foot chord bears S81'07'09"E;
Thence S06'15'43'W, 277.70 feet; Thence
589'04'17"W, 170.00 feet; Thence
N04'55'26"W', 12,25 feet; Thence
SOP -54-34-W, 474,00 feet; Thence
N00'0504B"W, 83.75 feet to the Southeast
Corner of Lot 53 of said Part Two; Thence
N09022'53'E, 242.84 feet along the Easterlv
Line of said Part Two; Thence 418'35100"E,
356.00 feet along the Easterlv Line of said
Part Two; Thence N04'15'00 -E, 321.25 feet
along the Easterlv Line of said Part Two;
Thence N25'38114"E, 261,'5 feet along the
Easterlv Line of said Part Two; Thence
NOD -25'11-E, 23.47 feet along the Easterlv
Line of said Part Two to the Point of Be-
ginning.
For convenience, the ahnve 18,43 acres, more or less, is here-
inafter referred to as the "RS -5 Tract". Further, Citv and
Developer have agreed that no further rezoninc or subdivision
of the Development Land shall be allowed until a secondary
street access in provided to the Development Land.
A/5-/
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NOW, THEREFORE, City and Developer acre, as follows:
1. City agrees to the rezoning of the RS -5 Tract as le-
gally described above to LOW Density Single Faaily Residential
IRS -5) zoning classification.
Z. Developer agrees that City Shall not be obligated to
rezone or approve subdivision plats for any more of the Devel-
opment Land (except the RS -5 Tract) until secondary street, ac-
cess has been provided to that Development Land.
3. City and Developer agree that prior to the issuance
Of building permits for lots in the RS -5 Tract, Developer shall
file and obtain City approval of a subdivision plat or plats,
and shall contract for and install such public improvements as
the City may require pursuant to its ordinances, rules, and
regulations.
IN WITNESS WHEREOF, the parties hereto have caused this
Conditional Zoning Agreement to be executed as of this _
day of 1989.
CITY OF IOWA CITY, IOWA
BY;
John NC Do na Mavo[
ATTEST:
Marton x. xarr, C ty C er
PLUM GROVE ACRES, INC.
BY: 12
Rruee P. F aScow, p[ s :art
i� 1.
BY; �iS f%7 -T J
•. o�e Boy ecrytary
STATE OF IOWA 1
JOHNSONS5;
COUNTY
On this day of 1988, before me, the
undersigned, a Notary Pohl -c o an or the State Of Iowa, per-
sonally appeared John McDonald and Marian H. %art, [o me per-
sonally known, who, heine by me duly sworn, did sav that they
are the Mayor and City Clerk, respectively, of said municipal
corporation executing the within and foregoing instrument; that
the seal affixed hereto is the seal of said municipal cor-
�S/
-a-
poration; that said instrumunt was signed and sealed on behalf
of said municipal corporation by authority of the City Council
of said municipal corporation, and that the said Sohn McDonald
and Marian K. Karr acknowledged the execution of said instru-
ment to be the voluntary act and deed of said municipal coroo-
ration, by it and by chem voluntarily executed.
TO_____Tu ary u is 7t an .or [ e
Stat- of Iowa.
STATE OF IOWA 1
1 SS:
JOHNSON COUNTY 1
On this 1="/AJI
day of /'i• 1988, before me, the
undersigned, aTotary Public n an or the State of Tawas per-
sonally appeared Bruce R. Glasgow and Frank Bovd, to me person-
ally known, who being by me duly sworn, did sav that thev are
the President and Vice President and Secretary, respectively,
of said corporation executing the within and foregoing instru-
ment) that no seal has been procured by the said corporations
that said instrument was signed on behalf of said corporation
by authority of its Board of Directoras and that the said Fruce
R. Glasgow and Frank BOvd, as such officers acknowledged the
execution of said instrument to be the voluntary act and deed
of said corporation, by it and by them voluntarily executed.
. N;loml0. Ourt) �f Ties ul �LaW
tissls Ifs_Nq ary Public n an for t ;'
State of Iowa.
07/45-01-70
a
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City of Iowa City
MEMORANDUM
DATE: March 11, 1988
TO: Planning & Zoning Commission
FROM: Barry Beagle, Associate Planner
RE:Z-8708. First & Rochester, Part Three
A Conditional Zoning Agreement has been submitted by John Cruise
on behalf of Plum Grove Acres, Inc. and is currently under review
by the legal staff. The proposed agreement would permit 18 .43
acres of the applicant's 42.54 acre tract to be rezoned from ID -RS
to RS -5 and platted into not more than 26 additional single-family
residential lots without having to provide secondary street access.
By agreement between the City and the applicant, no further devel-
opment of the applicants remaining acreage would be permitted with -
Out
eing
Conditional rZoning eAgreement t access bwill beosubmittedorvideforsthe Commiissionsd
review at the March 14, informal meeting.
7�/
City of Iowa City
MEMORANDUM
Date: March 30, 1988
To: City Council d 4
Thru: Steve Atkins, City Manager
From: Larry Donner, Fire Chief
Re: Secondary Access into Subdivisions
I am concerned with two Planning and Zoning matters on the April 5, 1988,
Council Agenda. My concern deals with the Conditional Zoning Agreement
for 18.54 acres north of Rochester Avenue on Hickor Trail P&Z Item i.)
and the resolution approving a pre iminary p at for ou wes s s
Subdivision, Parts 3 and 4 (P&Z item m.). In both cases, the Fire
Department has gone on record opposing further development until secondary
access is provided for the subdivisions.
The Fire Department is charged with providing emergency services to all
Iowa Citians. Our ability to ensure the safety of citizens is greatly
reduced if we cannot get to the emergency. All roads get blocked from
time to time for various reasons, including routine maintenance. When a
single access road is blocked at any point, those people living down that
road lose basic emergency services such as police, fire, and ambulance
protection until the road can be reopened. Emergencies cannot be
scheduled around road closures. The larger the population served by a
single point of access, the greater the impact of any road blockage.
In both subdivisions mentioned above, we lack secondary access; adding to
the population served by single access roads only increases the
probability of a disaster. I urge Council to require secondary access to
these two developments before final approval.
cc: Don Schmeiser
bi/pc
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City of Iowa City
MEMORANDUM
Date: January 27, 1988
To: Planning and Zoning Commission
From: Barry Beagle, Associate Planner
Re: February 4, 1988, Meeting Agenda
Plum Grove Acres, Inc. request to rezone a 43 acre parcel east of First
Avenue extended via Hickory Trail from ID -RS to RS -5 was deferred from the
December 17, 1987, formal meeting. Staff was to investigate the possi-
bilities of providing secondary access. A conceptual street system plan
for the area north of Rochester Avenue will be discussed with the Commis-
sion at the February 1 informal meeting.
Consideration of a revised preliminary and final plat of Bent Brook Acres
was deferred from the December 17, 1987, meeting, pending resolution of
the rezoning request. (CZ -8720) Following the recommendation of the
Commission, the City Council found the proposed rezoning of the one lot
within the proposed subdivided area to be inconsistent with the Area 4
Fringe Area Policy Agreement. In January, however, the Board of Supervi-
sors approved the proposed rezoning. Staff continues to recommend that
the proposed two -lot subdivision be denied based upon its inconsistency
with the Area 4 Policy. Please refer to the December 17, 1987, staff
report.
For a discussion of the proposed amendment to Section 36-58 of the Zoning
Ordinance, please refer to the Northwestern Bell staff report.
bdw3/5
STAFF REPORT
To: Planning & Zoning Commission
Item: Z-8708. First & Rochester,
Part Three.
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Site size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
File date:
45 -day limitation period:
BACKGROUND:
Prepared by: Barry Beagle
Date: December 3, 1987
Plum Grove Acres, Inc.
834 N. Johnson Street
Iowa City, Iowa 52240
Phone: 338-1365
Rezoning from ID -RS to RS -5.
To permit the development of a
23 -lot subdivision known as
First & Rochester, Part Three.
East of First Avenue north of
Ralston Creek via Hickory
Trail.
42.54 acres.
Short -Range: Agriculture/Rural
Residential.
Long -Range: Residential.
Undeveloped; ID -RS.
North - Undeveloped; ID -RS.
South - Undeveloped; ID -RS.
East - Undeveloped; ID -RS.
West - Residential; RS -5.
November 25, 1987.
December 25,1987,
Plum Grove Acres, Inc., has made application to rezone a 42.54 acre tract
of land from ID -RS, Interim Development Single -Family Residential, to RS -
5, Low Density Single -Family Residential. The applicant is seeking RS -5
zoning to permit the development of the tract as a residential sub-
division. Concurrent with this request, the applicant is seeking
preliminary plat approval (S-8724) to establish a 23 -lot subdivision on a
portion of this tract known as First & Rochester, Part Three.
ANALYSIS:
The site is part of a large undeveloped area within northeast Iowa City
which is zoned ID -RS. The ID -RS zone applies to areas in which municipal
services, primarily sewer service, are not presently available or of
adequate capacity to permit immediate development. At such time as the
City is able to provide municipal services in an efficient and equitable
manner, properties are intended to develop at urban densities. Two
factors which will greatly influence the appropriateness of this request
are: the relationship of this request to the Comprehensive Plan, and the
provision of an adequate street system.
Comprehensive Plan. The Comprehensive Plan shows that a significant
portion of the Northeast Study Area, including the site, should not
develop until after Phase III growth of the short-range development
sequence has been accomplished. To determine the most appropriate
sequence of development of the undeveloped parts of the City, the
Comprehensive Plan took into consideration factors such as the proximity
of the undeveloped areas to existing development, the availability of
schools, parks, and other municipal services, the availability of adequate
sewer capacity, and the necessity of capital improvements such as streets.
Those areas where development can take place more efficiently, due to the
availability and capacity of municipal services, should develop first. In
determining the appropriate sequence of development for the City, the Plan
assumes that areas which can accommodate the greatest population for the
least cost in capital improvements are highly developable. Although the
area comprising the First & Rochester development will be able to develop
with urban services, the Comprehensive Plan determined that it would be
inappropriate for immediate development due to 1) the impact development
within this area will have on sewer capacity and downstream wet weather
surcharge problems in the Jefferson Street section of the "horseshoe trunk
sewer," and 2) inadequate access into the interior of the northeast study
area.
Two major findings of the developable land analysis of the Comprehensive
Plan found that "potential growth areas located in the east and northeast
would aggravate problems in the 'horseshoe' sewer by adding additional
flowage to lines whose capacities are currently exceeded during wet
weather...," and "full development of the east and portions of the
northeast will be able to occur after construction of the WPCP or some
alternative." (1983 C.P.U., page 8.)
Staff finds the proposed rezoning to be contrary to the current develop-
ment policies of the Comprehensive Plan for the northeast area. Factors
influencing the appropriateness of development have not changed since the
Comprehensive Plan Update which would warrant a change in the development
sequence of this area to the short-range. Surcharge problems continue to
exist in the horseshoe trunk sewer which can only be compounded by new
development without construction of the Water Pollution Control Plant.
The lack of an adequate street network will limit safe and convenient
access to northeast properties and diminish the prompt delivery of
emergency services.
Streets. An adequate street network is essential to the growth and
development of new or expanding residential areas. A well designed street
system will provide for more than one means of access to the developing
area for the convenience of its residents; assure accessibility for the
rapid and efficient delivery of emergency and service vehicles; and reduce
the impact on the existing neighborhood by limiting through traffic on
local streets. For these reasons, it has been the consistent policy of
the City to require new and expanding developments to provide for
secondary access.
�S/
Access to the First & Rochester development is limited to First Avenue
Extended, which currently provides access to over 80 residential lots.
The physical constraints of Ralston Creek and rough terrain have
contributed to the limited development and inadequate access to the
interior of the northeast area and make secondary access even more
critical. This was recognized during the review of First & Rochester,
Part Two, in which staff emphasized that "...any further subdivision will
require another means of access to First Avenue or some alternative." (5-
8407) This is especially true for new development north of Ralston Creek
which will be located further away from the First Avenue/Rochester Avenue
intersection which is the only point of access to this entire area.
Granting the proposed rezoning for the 42.54 acre site will permit the
development of approximately 217 additional residential lots. Unless
secondary access is established with this development, the subject parcel
is not suitable for rezoning to permit residential development at this
time.
Economic Impact. Economic impact is a measure of the public costs and
benefits associated with the proposed project. Public benefits can be
measured in terms of tax revenue generated. The liabilities or public
costs are not always quantifiable but can be recognized through direct
public construction costs (i.e. overwidth paving, sewers, etc.) and
indirect public costs through the additional public services demanded.
Although rollbacks of assessed values and tax levies change from taxyear
to tax year, it is possible to estimate the annual taxes that would be
generated by the development of the subject parcel. The potential tax
generated is based upon the difference between ID -RS development at one
dwelling unit per acre and RS -5 development at five dwelling units per
acre. Given the value of existing residential development in the First &
Rochester area, the assessed value of each potential lot within the
subject area, including a single-family dwelling, is approximately
$128,000. For tax purposes, the values of residential uses within this
tax year are rolled back to 77.3604% of their assessed values. The City
tax levy presently imposed on a residential use is $11.54919/$1,000 of
assessed valuation. For each lot developed within the subject parcel, the
amount of tax due on that property this year would be approximately
$1,143. The potential tax generated is based upon the difference between
ID -RS development at one dwelling unit per acre and RS -5 development at
five dwelling units per acre. If developed today at an ID -RS density,
approximately nine dwelling units could be developed which would generate
approximately $10,287 a year in taxes. If developed at an RS -5 density,
approximately 217 dwelling units could be developed which would generate
approximately $248,031 a year in taxes. The potential annual tax
generated would be approximately $237,744 ($248,031 - $10,287).
While no direct construction costs to the City are anticipated, indirect
costs such as garbage pickup, maintenance of streets and municipal
utilities, and police and fire protection are incurred. With increased
residential development, local schools, parks, the public library, the
transit system, and roadways outside the development are also impacted.
Although surcharge problems continue to exist in the "horseshoe trunk
sewer," the development of this parcel at an RS -5 density is not expected
to affect the City's ability to provide municipal services.
415/
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STAFF RECOMMENDATION:
Based upon the preceding analysis, staff finds the proposed rezoning of
this 42.54 acre tract from ID -RS to RS -5 to be contrary to the current
development policies of the Comprehensive Plan and recommends that it be
denied.
ATTACHMENTS:
Location Map.
Approved by: i'ewj
Donau achmeiser, Director
Department of Planning and
Program Development
Zfc-11
I FSR fes-fel-�FTR
M FIRST AND ROCHESTER
S,
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BARKER, CRUISE, KENNEDY, HOUGHTON & FOSTER
April 4, 1988
Mayor John McDonald
City Council Members
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Re: Zoning Item Z-8708
Plum Grove Acres, Inc.
Dear Mayor McDonald and Members of the Council:
At your meeting on April 5, 1988 you will give first read-
ing to a rezoning item, Z-8708, concerning property owned by
Plum Grove Acres, Inc. consisting of an 18.43 acre tract north
of Rochester Avenue and east of Hickory Trail. This tract is
currently being subdivided into 27 lots. The preliminary plat
is also coming before you.
On behalf of the owner, I am requesting that you expedite
the rezoning by waiving the second or third reading. We are
now into the construction season and it is important for the
owner and the parties purchasing lots that we be able to pro-
ceed with the subdivision and construction of improvements as
soon as possible. As you know, there is a shortage of lots in
the eastern part of Iowa City and it would be beneficial to
many people if we can get this subdivision underway.
I appreciate your consideration.
Very truly yours,
ohn D. Cruise
JDC
cc: Plum Grove Acres, Inc.
02/ P(� I�
02/46-01-99
APR 51988
MARIAN K. KARR
CITY CLERK (3)
//. =7a If.r''e
1151
LAWYERS
CHARLES A. BARKER
9205. DUeUOUE STREET- P.O. BOX 2000
JOHN D. CRUISE
IOWA CITY, IOWA AREA CODE 319
MICHAEL W. KENNEDY
52241 TELEPHONE 351-0181
JAMES D. HOUGHTON
DAVIS L FOSTER
April 4, 1988
Mayor John McDonald
City Council Members
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Re: Zoning Item Z-8708
Plum Grove Acres, Inc.
Dear Mayor McDonald and Members of the Council:
At your meeting on April 5, 1988 you will give first read-
ing to a rezoning item, Z-8708, concerning property owned by
Plum Grove Acres, Inc. consisting of an 18.43 acre tract north
of Rochester Avenue and east of Hickory Trail. This tract is
currently being subdivided into 27 lots. The preliminary plat
is also coming before you.
On behalf of the owner, I am requesting that you expedite
the rezoning by waiving the second or third reading. We are
now into the construction season and it is important for the
owner and the parties purchasing lots that we be able to pro-
ceed with the subdivision and construction of improvements as
soon as possible. As you know, there is a shortage of lots in
the eastern part of Iowa City and it would be beneficial to
many people if we can get this subdivision underway.
I appreciate your consideration.
Very truly yours,
ohn D. Cruise
JDC
cc: Plum Grove Acres, Inc.
02/ P(� I�
02/46-01-99
APR 51988
MARIAN K. KARR
CITY CLERK (3)
//. =7a If.r''e
1151
Y
ORDINANCE ND. 88-3370
AN ORDINANCE NfMING THE CODE OF ORDININCES PROVI-
SIONS RELATING TO ALCOHOLIC BEVERAGES, WINE AAOSEER
IN RIBLIC RACES AAO BUILDINGS AND AnORIZING CON-
SLkMON OF ALCOHOLIC BEVERAGES AND BEER IN KMICI-
PAL BUILDINGS IF A LIQUOR CONTROL LICENSE IS
OBTAINED.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, THAT:
SECTION I, AA£Ndf4:Nlf. The Iowa City Code of
Ordinances is anended as follows:
A. Section 24-51 of the Code of Ordinances is
repealed.
B. Section 5-4 is hereby repealed and the follow-
ing is adopted in lieu thereof;
Section 5-4. Constion or ssesion in
public places unicipa i i s! t�Tox-
hcatton.
(a) It shall be unlawful for any person to
consume or drink any alcoholic beverage or
beer on any public street, ground high-
way, sidewalk or alley in the City. A
Person shall not use or consume alcoholic
liquor or beer in any public place within
the City, except premises covered by a
liquor control license.
(b) A person shall not censure or possess any
alcoholic beverage or beer on park prop-
erty,
(c) A person shall rot use or corsune any
alcoholic beverage or beer in any munici-
pal building, except a municipal building
covered by a liquor control license. Prior
to presentation of the license application
to the City Council, the City Manager
shall endorse thereon his/her recmmeda-
tion regarding such use or consurption of
alcoholic beverages or beer in the munici-
pal building,
SECTION II. REPEALER: All ordinances and
parts of ordinances in conflict with the provision
of this ordinance are hereby repealed,
SECTION III. SEVERABILITY: If any section,
prw sua a pa o e mance shall be adjudged
to be invalid or unconstitutional, such adjudication
shall rat affect the validity of the Ordinance as a
Whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance
sial In e a ei s Ina passage, approval
and publication as required by law.
Pass Eti and approved this 5th clay of April, 48.8
YOR
ATTEST; � �^"
V
M
It was moved by Strait and seconded by Horowitz that
the Ordinance as rea e a opte , and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
First Consideration ---------
Vote for passage:
Second Consideration 3/15/88
Vote for passage: Ayes: McDonald, Strait, Ambrisco, Courtney,
Dickson, licrowitz, Larson. Nays: None. Absent: None.
Date published 4/13/88
Approved as to Form
3ic�F
Legal Department
Moved by Courtney, seconded by Strait, that
the rule requiring ordinances to be con-
sidered and voted on for passage at two
Council meetings prior to the meeting at
which it is to be finally passed be sus-
pended, the first consideration be waived
and the ordinance be given second con-
sideration at this time. Ayes: Larson,
?.IcDonald, Strait, Ambrisco, Courtney,
Dickson, Horowitz. Nays: None. Absent:
None.
V
ORDINANCE NO. 88-3371
AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION ANO REVENUES" OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 32.1-65
AND 32.1-73 THEREIN TO, RESPECTIVELY, INCREASE FEES FOR USE OF SWIMMING POOLS
AND TO AMEND THE LISTING OF WATER MAIN TAPPING SERVICE FEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION 1. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordi-
nances o the City of Iowa City, Iowa, be, and the same is hereby amended by
s
repealing Section 32.1-65, and enacting in lieu thereof a new section to be
codified the same to read afollows:
Sec. 32.1-65. Fees or Charges Authorized in Chapter 25.
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee,
Penalty: Charge, Fine, or Penalty: Charge:
(a )
Sec. 25-37 Fees for reservation or rental of facilities or equipment:
1. Garden Plots
2. Social Hall
3. Meeting Roans
4. Craft Room
5. Pool
6. Gym
7. Coin Operated Lockers
8. Farmer's Market Stall Reservation
$8.00/season
Fee*
$25/session
�5 hrs. or less)
$5.00/session
$5.00/session
$ 7.00
$15-10/lour hr.
min.)
$25.00 first two
hours,
plus $7.50 per
hour
thereafter
$.10 to 50
daily,
$2.00 monthly,
$10.00
for six months
Single market $ 6.00
Season (reservation) $ 4.60/market day
Season (Saturdays only)
Season (Wednesdays and Saturdays)
All prices include $1.00 per market advertising fee.
9. Park Shelter Reservation
Shelter
Fee*
�5 hrs. or less)
City Park:
Al
A2
$ 7.00
A3
16.00
A5
16.00
.,
7.00
Ordinance No. 88-5371
Page 2
All
(entire shelter)
26.00
111
(large section)
16.00
111
(small section)
10.00
112
7.00
113
(enclosed)
20.00
114
7.00
115
7.00
116
16.00
117
7.00
Other Parks:
Brookland
5.00
Court Hill R1
5.00
Court Hill 12
5.00
Court Hill 13
5.00
Court Hill 14
5.00
Crandic
7.00
Creekside
7.00
Happy Hollow
10.00
Hickory Hill,
North
12.00
Hickory Hill,
South
10.00
Mercer
12.00
North Market Square
5.00
Oak Grove
4.00
Pheasant Hill
4.00
Reno Street
4.00
Sturgis Ferry
11
4.00
Sturgis Ferry
12
4.00
Terrill Mill
5.00
Villa
4.00
Wetherby
10.00
Willow Creek
12.00
*For reservations more than 5 hours, fee will be double.
Shelters may be used free of charge without reservations,
if available.
Users may also be charged an additional amount to cover
employee wages, including overtime, for supervision or
clean-up of the facility.
(b)
Sec. 25-37 Fees for use of recreational facilities:
1. Racquetball Court $2.50/hour
2. Swimming Pools
DAILY ADMISSIONS
Youth Adult
(3-15 yrs.) (16 yrs. +)
All City Pools $ .75 $1.50
20 punch swim card (20
admissions) $12.75 $15.00
Ordinance No. 88-3371
Page 3
Children under 3 years of age
are admitted
free.
SWIM PASSES*
Annual
Summer
Family
$135.00
$75.00
(maximum of four people)
Adult
80.00
45.00
Youth
55.00
30.00
Lap
110.00
55.00
Additional family members:
First additional
27.50
15.00
Second and each additional
13.75
7.50
Prorated fees are available
at certain
times during the
fiscal year.
*Non-residents of Iowa City add
50%.
Section 2. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordi-
nances ot: the City of Iowa City, Iowa, be, and the same is hereby amended by
repealing Section 32.1-73, and enacting in lieu thereof a new section to be
codified the same to read as follows:
Sec. 32.1-73. Fees and Charges Authorized in Chapter 33.
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee, Eff. Eff. Eff.
Penalty: Charge, Fine, or Penalty: 9/1/86 9/1/87 9/1/88
(a)
Sec. 33-45 Sewer Service Charges:
Minimum monthly charge (includes the
first 200 cu. ft. of water used) $3.00 $4.75 $5.75
Monthly charge for each additional
100 cu. ft. of water used $.66 $1.04 $1.26
Eff. Eff.
Monthly surcharge 9/1/86 9/1/88
BOD (per pound) $.06 $.10
SS (per pound) $.06 $.06
These user charges will be effective with the billing sent
after the effective dates listed in the preceding chart.
P
#8/
(b)
Sec. 33-48
(c)
Sec. 33-163
(d)
Sec. 33-164
Ordinance It. 88-3571
Page 4
Deposit fee, combined, for city water
and/or sewer and/or solid waste
collection accounts
Water Service Charges:
Monthly user charges for
water service for the first
two hundred (200) feet or
less of water used, based
on meter size.
METER
Residential account -
$50.00 per combined
residential service for
city water and/or sewer
and/or solid waste
collection service.
Commercial account -
an amount equal to the
two-month billing for
commercial service for
city water and/or sewer
service.
SIZE
Eff.
Eff.
Eff.
(Inches)
9/1/86
9/1/87
9/1/88
5/8
$ 3.25
$ 3.60
$ 3.80
3/4
3.75
4.15
4.35
1
4.40
4.85
5.10
1-1/2
8.75
9.65
10.15
2
11.75
12.95
13.60
3
21.75
23.95
25.15
4
37.95
41.75
43.85
6
76.40
84.00
88.20
The minimum user charges for larger meters will be based on
comparative costs to a 6" meter. The minimum user charge for a
customer who furnishes the meter at their own costs will be
based on the minimum for a 5/8" meter, regardless of the size.
Monthly user charge for MONTHLY
water use in excess of 200 USAGE
cubic feet per month.C( u. Ft.)
Next 2,800
Next 17,000
Over 20,000
Fee for temporary water use during
construction:
Single and two (2) family residences
Multi -family residences
Commercial structures
Eff. Eff. Eff.
9/1/86 9/1/87 9/1/88
$ .75 $ .83 $ .87
.45 .50 .53
.40 .44 .46
Five dollars ($5.00)
per month.
Ten dollars ($10.00)
per month.
Twenty dollars ($20.00)
per month.
419/
N
a
Ordinance No. 88-3371
Page 5
(e)
Sec. 33-165 Fee for direct purchase of water
per one thousand
gallons or fraction
thereof.
(f)
Sec. 33-167 Fee for delinquent water service
account
(g)
Sec. 33-169(a) Deposit fee, combined, far city water
and/or sewer and/or solid waste
collection service
(h)
Sec. 33-169(b) Fees and charges for various consumer
services
Tap fees:
Size Tap Corps Curbs Boxes
Four dollars ($4.00)
Three dollars ($3.00)
for each water service
account not paid within
30 days of billing
date.
$50.00 per combined
residential service for
city water and/or sewer
and/or solid waste
collection service, an
amount equal to the two
month billing for
commercial service.
3/4" $13.50 $11.05 $20.10 E27.75
1° 17.40 17.45 34.00 27.75
1-1/4" 22.90 33.20 55.30 38.80
1-1/2" 28.00 45.95 73.70 38.80
2-1 31.50 74.40 110.00 38.80
1-1/4", 1-1/2" and 2" will require saddles which are to be
charged at the City's purchase price cost.
Installation and connection fees:
Size Cost
6"13.20
8.1
per
linear
foot
10"p.
$17.10
per
linear
foot
12°
;21.80
per
linear
foot
16"
E27.00
per
linear
foot
;35.80
per
linear
foot
Drdinance Pb. 88-3371
Page 6
(i)
Sec. 33-169(c) Service Fees
Service
a) Connection fee for
1. installing new meter
2. resetting meter
b) Carding fee for shut-off
in collection procedure
c) Check leaky meters and
meter connections
d) Frozen meters
e) Shut-off service at curb
and check for leaks
f) Broken hydrant
g) Location of water mains
for other utilities
h) Location of water main
for private enterprise
i) Meter accuracy check at
customer's request
j) Miscellaneous services
for other governmental
agencies
Fee Fee
During Normal After Normal
Working Hours Working Hours
$11.00 $30.00
$11.00 $30.00
No charge No charge
$11.00 + cost $30.00 + cost
of meter repair of meter repair
No charge
$11.00 + repair
cost
No charge
No charge
$30.00
No charge
$30.00 + hourly
rate for time over
2 hours
$30.00 + repair
cost
No charge
$30.00 + hourly
rate for time over
2 hours
Not done after
normal working
hours
$30.00 + hourly
rate for time over
2 hours
If service is requested outside normal working hours, a $30.00
after -hour fee shall be charged in addition to the normal working hour
fee. In addition, when service time after hours exceeds two hours, an
additional charge will be added to cover equipment expense and actual
employee wages, including overtime. The water service division's
normal working hours are 8:00 a.m. to 4:30 p.m. daily.
SECTION 3. SEVERABILITY: If any of the provisions of this Ordinance are for
any reason declared n egal or void, then the lawful provisions of this Ordi-
nance, which are severable from said unlawful provisions, shall be and remain
in full force and effect, the same as if the Ordinance contained no illegal or
void provisions.
7-6
Ordinance No. 88-3371
Page 7
SECTION 4. REPEALER: All ordinances or parts of ordinances in conflict with
he provisions o is Ordinance are hereby repealed.
SECTION L.EFFECTIVE DATE: This Ordinance shall be in full force and effect
frau and after its final passage and publication as by law.
Passed and app ved this 5th da o[ April, 1988.
I� M'G1C
MAYUR
ATTEST:
FORM,
i LEGAL DEPARTMENT
r
i
Y
It was moved by Courtnev and seconded by Horowitz that
the Ordinance as rea e a opte , and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
1_ Dickson
X Horowitz
Larson
X McDonald
=. Strait
First Consideration --------
Vote for passage:
Second Consideration 3/1S/88
Vote for passage: Ayes: Ambrisco, Courtney, Dickson, Horowitz,
Larson, McDonald, Strait. Nays: None. Absent: None.
Date published 4/73/88
Approved as to Form
Moved by Courtney, seconded by Dickson, that
the rule requiring ordinances to be considered
Legal Department and voted on for passage at two Council meetings
prior to the meeting at which it is to be
finally passed be suspended, the first consider-
ation be waived and the ordinance be given
second consideration at this time. Ayes: Strait,
Nnbrisco, Courtney, Dickson, Horowitz, Larson,
McDonald. Nays: None. Absent: None. I
,A