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HomeMy WebLinkAbout1987-02-10 OrdinanceORDINANCE W. AN ORDINANCE AMENDING TIE ZCNING ORDINANCE BY CWc- ING TIE USE REGUTIONS OF CERTAIN PROPERTY LOCATED IN SWDWEST ESTATES SUBDIVISION, PART TVD- WfREAS, the Final Plat of Southwest Estates Subdivision, Part Two, was approved in July, 1985, in accordance with a Preliminary plat based tpon the City's zoning nap, which showed the subdivided lots located entirely in the RR -I zone; and WIERFAS, after final plat approval it was discov- ered that the northern tier of lots exterKW into the ID -RS zone by approxirmtely 36D feet; and MEREAS, the applicant seeks to raredy this situation by having the property rezoned from ID -IS to RR -1 to Permit the develoPnent of the subdivision as planned; and *EREAS, the lots in question are not severable except by lift station and it is the policy of the City to discourage the use of lift stations, so RR -1 I zoning is appropriate; and Shows resident al lard use forePlan this area. the City IOWA BE IT � CITY I,OWAM BY TIE CITY COUNCIL OF DE CITY OF SECTION I. ZONING AAENUeT ehproperty r�laasysifi t A, is hereby fmn its present classification of ID -RS to RR -1. SECTION II, ZONING MAP, The Building Inspector is y ar rorrze an irected to charge the zoning map of the City of Iowa City, IDa, to conform to this amendnent upon the final passage, approval and Publication of this Ordinance as provided ty law, SECTICN III. CERTIFICATION AND RECORDING, The City s a z rec certify a copy of this Ordinance which shall be recorded at the office of the County Recorder of Johnson County, by lokeew� final Passage and publication as provided SECTIO! IV. REPEALER; All ordinances and parts of mantes n can ct with the provision of this Ordinance are hereby repealed, SECTION V. SEVERABILITY: If any section, provision a' P o e mance shall be adjudged to be invalid or nrconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE: This Ordinance shall Tea ec a er ma Passage, approval and publication as required by law, ae� Woved this It was moved by and seconded by that the Ordinance as rea e a op ed and upon roll ca t ere were: AYES: NAYS: ABSENT: _ AMBRISCO BAKER COURTNEY DICKSON MCDONALD STRAIT _ ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published ao1(z ATTACHMENT A 01 Legal Description for Rezoning from IORS to RR1: A portion of Southwest Estates Subdivision, Pert Two, and a tract (approximately ISO' X 3601) adjacent to the West side of Lot 17 of said Subdivision.. The following Legal Description is based upon the assumption that the current IDRS Zoning Line was intended to depict the South and West lines of the Northeast Quarter of the Southeast Quarter (NE 1/4,SE 1/4) of Section Parcel being more particularly described as follows: 13, Township 79 North, Range 6 West of the Fifth Principal Meridian. Said Commencing at the Southeast Corner of said Section 13; Thence N00.53'00"E, 1320.24 feet along the East line of the Southeast Quarter (SE 1/4) of said Section 13 to the Southeast Corner of the Northeast Quarter of the Southeast Quarter (NE 1/4, SE 1/4) of said Section 13; Thence S89°44'28"W, 465.57 feet along the South line of said NE 1/4,SE 1/4 to a point on the Easterly Right -of -Way Line of Phoenix Drive and the Point of Beginning; Thence continuing 589.44128"W, 857.87 feet along said South line to the Southwest Corner of the Northeast Quarter of the Southeast Quarter (NE 1/4,SE 1/4) of sold Section 13; Thence N00.55116"E, 358.37 feet along the West line of the Northeast Quarter of the Southeast Quarter (NE 1/4,SE 1/4) of said Section 13 to a point which the Westerly Extension of the Northerly Right -of -May Line of Phoenix Drive; Thence S89006'18"E, 268.11 feet along said Northerly Right -of -Way Line; Thence Southeasterly 713.35 feet along said Right -of -May Line, on a 680.00 foot radius curve, concave Southwesterly, whose 681.09 foot chord bears 559.03'07"E, to the Point of Beginning. Said tract of land containing 5.54 acres, more or less, and is subject to easements and restrictions of Record. aeto. STAFF REPORT To: Planning & Zoning Commission Item: Z-8609. Seville Corporation GENERAL INFORMATION Applicant: t i Requested action: f Purpose: Location: Size: Present land use and zoning: Surrounding land use and zoning: Prepared by: Barry Beagle Date: January 15, 1987 Seville Corporation P.O. Box 2178 Iowa City, Iowa 52244 351-2412 Contact Person: Frank Eicher Rezoning from ID -RS to RR -1. To permit development of an existing platted subdivision. Parts of Lots 11, 14, 15, 16 and 17 of Southwest Estates Subdivi- sion, Part Two. 5.54 acres. Undeveloped;.ID-RS. North - Vacant; ID -RS. South - Residential; RR -1. East - Vacant; ID -RS. West - Vacant; RR -1. Comprehensive Plan: Residential; 2-8 DU/acre. 45 -day limitation period: February 6, 1987. ANALYSIS In July, 1986, the final plat of Southwest Estates Subdivision, Part Two, was approved in accordance with the preliminary plat which showed the subdivided lots located entirely in the RR -1 zone, which permits single-family develop- ment on one -acre lots. With placement of the subdivision on the Zoning Map, it was discovered that the northern tier of lots, accessible by Phoenix Drive, extended into the ID -RS zone approximately 360 feet. Mr. Eicher seeks to remedy this situation by rezoning this portion of the subdivision from ID -RS to RR -1 to permit development of the subdivision as originally platted. In a letter to Mrs. Marian Karr, City Clerk, dated December 19, 1986, Mr. Larry Schnittjer indicates that the Zoning Map was used for planning the subdivision. The P zone boundary on the Zoning Map was intended to be the south property line of the Johnson County Care Facility and the north prop- erty line of the Eicher property. However, the actual P zone designation on 2 the Map extended further south, including some of Mr. Eicher's land: Assum- ing that the Zoning Map was correct at the time, Mr. Schnittjer prepared the preliminary plat assuming that all of the proposed subdivision was within the RR -1 zone. The discrepancy concerning the P/ID-RS boundary was a clerical error and has now been corrected on the new Zoning Map as shown on the at- tached Location Map. The ID-RS/RR-1 boundary line lies along a quarter -quarter section line of Section 13, and is intended to roughly represent a ridge line separating two distinct watersheds. Lands designated RR -1 are "...not projected to have utilities necessary for urban development within the foreseeable future, according to the 1983 Comprehensive Plan Update (which includes the long range and short range plans)", Section 36-6(a). Properties zoned ID -RS are intended for development at urban densities within the time frame of the Comprehensive Plan when infrastructure is available. The lots in question are not sewerable except by lift station and it is the policy of Iowa City to discourage the use of lift stations. Therefore it is appropriate to zone these lots RR -1. Please note that the applicant also requests that the filing fee for the rezoning be waived. STAFF RECOMMENDATION Staff recommends that the proposed rezoning of a 5.54 acre parcel from ID -RS to RR -1 be approved. ATTACHMENTS I ' 1. Location Map. I J 2. Letter dated December 19, 1986. Approved by: na S me ser, rec or epartment of Planning and Program Development j i h 10 -ORP A11I 10-R9 - /P To.¢el s PDH 5 RS5 � 1peS TO R¢t E MI RAI i • Iw a..w,..w �,/ .- •. Y.1�YiY 41wy R'1 Yw....wa...•�..� U IJ f Y.Y IMYy Y.1.�1 1 law I....s•r�w.rr O � dl YVY•.�w C..w...w ' � I. d9 wY.� .w i I LOCATION MAp Z-8609 MMS CONSULTANTS, INC. 465 IOWA HIGHWAY N9.1 WEST • IOWA CITY - IOWA 52240 319.351-8282 December 19, 1986 Marion Karr, City Clerk City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Robert V. Mickelson L.S. Larry R. Schnlbler L.A. Christopher M. Stephen P.E. Lee J. Tippe P.E. Dean E. Serenek L.S. RE: Rezoning Request and Request for Waiver of required fee for a Rezoning Application for a portion of Southwest Estates, Part Two Dear Ms. Karr, Members of the City Council, Members of the Planning & Zoning Commission, In accordance with my discussions with Karin Franklin, Sr. Planner and on behalf of Mr. Frank Eicher, Owner of Southwest Estates Subdivision, Part Two. I am respectfully requesting that the tracts be rezoned as noted on the attached Map and that to Application fees for this Rezoning Request be waived. The request for the Rezoning and Waiver of fees is being made because the current Zoning Map was used for planning purposes of the above referenced Subdivision and that Map illustrates approximately 950 feet of IDRS Zoning between the South line of the Public "P" Zone and the North line of the RR1 Zone. During the planning of the Subdivision, it was presumed that the Public Zone was Intended to illustrate the limits of the Johnson County Care Facility Property. I have since been informed by Karin that the Subdivision encompases a portion of the IDRS Zone. Upon further checking of the Zoning Map, I find that (1) she is correct and (2) the Public "P" Zone encroaches by approximately 375 feet onto Mr. Eicher's property. The Rezoning Request is thus a two part Request; (1) to Rezone that portion encompased by the attached Legal Description from IDRS to RR1 and (2) to move the "P" Zone line North, to correctly delineate the property that Is publicly owned. If you have questions regarding the above, please feel free to contact me accordingly. Respectfully, ( MMS CONSULTA S. INC. Larry R. Schnittjer /dlb Encls. 1.Legal Description IDRS to RR1 2.Copy of Zoning Map illustrating changes 3.DPPD Application form cc: Frank Eicher John Cruise 1353002C.03 D a ORDINANCE N). AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CWVG- ING TIE ISE REWTIONS OF CERTAIN PROPERTY LOCATED ON CAMBRIA COURT. AREAS, the Property located on the north end of Cambria Court is locates in an area zones Planned Development Housing (OPOH-8); and WFEREAS, the Coriprehensive Plan for the City of Lowe City shows residential use at a density of 2-8 dwelling units per acre in the area containing Cambria Court; and VEREAS, the existing developrent near Cambria Court is for residential uses and uses canpatible with residential uses; and WFEREAS, residential uses are the most appropri- ate use for the area. NOW, HREFORE, BE IT ORDAINED BY TIE CITY COIN - CIL OF TIE CITY OF IOWA CITY, IOWA, TWIT: SECTION I. ZONING AMENDMENT. The property cr u>w s y ru>c ossified to RS -8 from its present classification of ODH-8: Lots 94 and 95 of a resubdivision of Lot 90 Ty'n Cae Subdivision, Fart IWO, Ione City, Lowe, as recorded in Book 19 at Page 49 of the Johnson County Fecorder's Office on Deceriw 14, 1979. SECTION II. ZONING MAP. The Building Inspector is y a or z ai irected to charge the zoning map of the City of Iowa City, Iowa, to conform to this amedoert upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING, the City s er y a rzed and directea to certify a copy of this ordinance which shall be recorded at the office of the County Recorder of Johnson County, Iowe, won final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of nances n can ct with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision Nor P e mance shall be adjudged to be invalid or uKonstitutioml, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. .SECTION VI. EFFECTIVE DATE. This Ordinance shall Publication ase nal passage, approval and Passed and required by law. approved this ATTEST: FAYCR MYTEW- By rhn l.•,yrr --A e�OS and seconded by red a adop ed and upon roll ce ere were: NAYS: ABSENT: AMBRISCO BAKER COURTNEY DICKSON MCDONALO STRAIT ZUBER :onsideration for passage: consideration for passage lished 6; or -1 STAFF REPORT To: Planning & Zoning Commission Prepared by: Monica Moen Item: Z-8701. Rezoning of Lots 94 & 95 Date: January 15, 1987 of Ty'n Cae Subdivision, Part 2, from PDH -8 to RS -8. S-8623. Cambria Court Subdivision - A resubdivision of Lots 94 & 95, Ty'n Cae Subdivision, Part 2. GENERAL INFORMATION Applicant: Michael Hodge Construction L Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: File date: 931 Maiden ane Iowa City, Iowa 52240 Phone: 354-2233 Approval of a rezoning of Lots 94 and 95 of Ty'n Cae Subdivi- sion, Part 2, from PDH -8 to RS -8. Approval of a resub- division of Lots 94 and 95 of Ty'n Cae Subdivision, Part 2. To permit development of seven duplex dwellings in a conven- tional subdivision. North end of Cambria Court. 2.17 acres Residential, 2-8 dwelling units/acre. Undeveloped; PDH -8. North - Undeveloped; RS -8 East - Willow Creek Park; P South - Undeveloped and Resi- dential; PDH -8 West - Electric substation; PDH -8 Provisions of the Subdivision Regulations and the Zoning Ordinance. December 30, 1986 a Ds' q 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: BACKGROUND February 13, 1987 Adequate water and sewer services are available. Sanitation service will be provided by the City. Police and fire protection are avail- able. Access is provided via Cae Drive and Cambria Court. Topography is moderately to steeply sloped with maximum slopes at 20 percent. In November, 1983, the City Council approved an amended preliminary and final Planned Area Development (PAD) and Large Scale Residential Develop- ment (LSRD) plan for Lots 94 and 95 of Ty'n Cae Subdivision, Part 2. Lots 94 and 95 are part of an amended Planned Area Development plan and subdi- vision plat for Lot 90 of the Ty'n Cae Subdivision, Part 2, which was approved in November, 1979 and which included 6.9 acres subdivided into a total of six lots on which 68 multi -family residential units were proposed to be constructed. Twelve townhouse units were proposed for Lot 95 and eight units were proposed for Lot 94 (see Attachment 2). The amendment approved in 1983 retained the same number of units on each of the two lots but instead of the arrangement originally proposed, the amended plan depicted two four-plex buildings on Lot 94 and two six-plex buildings on Lot 95 (see Attachment 3). The applicant has made an offer to purchase Lots 94 and 95 and proposes to resubdivide these lots. The proposed amendment subdivides the 2.17 acres of land which comprise Lots 94 and 95 into seven lots which range in size from 10,131 square feet to 18,759 square feet. The developer intends to construct one condominium duplex dwelling on each lot. A total of 14 dwelling units, then, would be located on this 2.17 acre tract. ANALYSIS Zoning Issue The 2.17 acre tract under consideration is zoned PDH -8. The Planned Development eveloment flexibility byuallowing sing Nvariations ) zone is afromn ovrl ethe requerementsnofithe ! that eabes dparticular zone in which the tract of land is located. The OPOH zone permits flexi- bility in the use and design of structures and land in situations where conventional development may be inappropriate and where modifications of requirements of the underlying zone will not be contrary to the intent and purpose of the Zoning Ordinance, inconsistent with the Comprehensive Plan or harmful to the neighborhood in which this overlay zone is located. ��S The underlying zone in which this tract is located is RS -8. The RS -8, Medium Density Single -Family Residential, zone provides for the develop- ment of small lot single-family dwellings. Duplexes are permitted in this qzone uirementsded of thee RM -12 zoneare landdin accordnce that the minimum ith the 1 t areadise8700nal re - square feet. The intentions of the Planned Development Housing Overlay zone to encour- age the preservation of existing landscape features through development which is sensitive to the natural features of the surrounding area will not be compromised by this specific proposal to rezone the property to RS -8. While the dimensional requirements of the RS -8 zone would permit the placement of eleven duplex units (22 dwelling units) on this tract, the developer proposes to construct only seven duplex units (14 dwelling units) on lots which are considerably larger than the minimum lot, size required for duplex developments in of n the RS -8 zone. The preservation this tact achieved mai the tainedprbye the aappd�0antlsp Peng lans for salsito construct seven duplex dwellings. The control the City may exercise over development of this parcel under the existing PDH -8 zone does not exist if the zoning classification is reverted exclusively to the RS -8 zone. With PDH -8 designation, the site may develop only in accordance with an approved development plan. Any significant deviations from this plan must be reviewed by the City and approved by ordinance. Although the applicant intends to construct seven to RS -8 woulddwellienable the applicantCommission hould be to develop the tract forhat nanyhis usetpert mitted in the RS -8 zone. Subdivision Ue The subdivision plan, dated January 9, 1987, satisfies the provisions of the local subdivision regulations. Legal papers associated with this subdivision are being reviewed by staff. STAFF RECOMMENDATION Staff recommends that the request to rezone Lots 94 and 95 of Ty'n Cae Subdivision, Part 2, from PDH -8 to RS -8 be approved. Staff further recommends that the preliminary and final subdivision plan of Cambria Court, a resubdivision of Lots 94 and 95 Ty -n Cae Subdivision, Part 2, be deferred pending approval by staff of all legal papers submit- ted recommendeapprovalnof theUpon proapproval toof all legal resubdivide Lotsm94tandstaff ofwould n Cae Subdivision, Part 2. ATTACHMENTS 1. Location map. 2. Site plan, dated November, 1983, of amended PAD for Lots 94 and 95. ,0S all 4 3. Site plan, dated 1979, of amended PAD plan for Lots 94 and 95. II 4. Legal description of tract. ACCOMPANIMENTS 1. Preliminary and Final Subdivision Plan of Cambria Court - division of Lots 94 and 95 of Ty'n Cae Subdivision, Part 2. A resub— i I Approved by: i 0 na hmeiser, Director — Department of Planning and Program Development I � I 1 i I I I I ATTACHMENT 1 LOCATION MAP S-8623 Cambria Court Subdivision NT ATTACHMENT 2 SITE PLAN (NOVEMBER, 1983) OF AMENDED PAD FOR LOTS 94 AND 95 C4E lLT 9b 4R ATTACHMENT 3 SITE PLAN (1979) OF AMENDED PAD FOR LOTS 94 AND 95 6 dos , , 1. s ; / I 1 , I 6 dos ATTACHMENT 4 LEGAL DESCRIPTION Lots 1-7 of re -plat of Lots 94 & 95 of a Subdivision of Lot 90 Ty'n Cae Subdivision, Part 2, Iowa City, Iowa -as recorded in Book 19 at Page 49 of the Johnson County Recorder's office on December 14, 1979. Said Lots containing 2.17 acres more or less and subject to easements and restrictions of record.