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Home My WebLink About1984-04-24 OrdinanceORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED EAST OF FIRST AVENUE EXTENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTIONI. That the property described ee bl w pis hereby reclassified from its present classification of IO -RS to RS -5, and the boundaries of the RS -5 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property described below: Commencing at the southeast corner of the southeast quarter of the southwest quarter of fractional Section 1, Township 79 North, Range 6 West of the 5th Princi- pal Meridian; thence south 89004'17" West, 1305.68 feet, to the southwest corner, of said southeast quarter, of the southwest quarter of fractional Section 1, which is the point of beginning; thence north 00043'22" west, 919.45 feet; thence south 89043'16" east, 302.29 feet; thence south 00025'11" west, 23.47 feet; thence south 25038'14" west, 261.75 feet; thence south 04015'00" west, 321.25 feet; thence south 18035'00" west, 356.00 feet to a point on the south line of said southeast quarter of the southwest quarter of fractional Section 1; thence south 89004'17" west, 40.00 feet, to the point of beginning. Said tract of land contains 3.52 acres more or less. SECTION II. The building inspector is. ere y au orized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publica- tion of this ordinance as provided by law. SECTION III. The City Clerk is hereby au or ze and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. '%/s Ordinance No. Page 2 SECTION V. SEVERABILITY: If any section, i provision or part of the Ordinance shall l be adjudged to be invalid or unconstitu- tional, 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 DATE: This Ordi- nance shall a in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK Raeeived A APp?O,W BY Tho Lecal e.....�_ _ It was moved byand seconded by that the Ordinance as read—Fe-1 adopted and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO BAKER DICKSON EROANL MCDONALD —" STRAIT ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published 7/S r STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin Item: Z-8401. East of First Avenue Date: February 23, 1984 Extended GENERAL INFORMATION: Applicant: Plum Grove Acres, Inc. 834 N. Johnson Street Iowa City, Iowa 52240 Requested action: Rezoning of 3.52 acres from ID -RS to RS -5. Purpose: To include property in the preliminary plat of First and Rochester, Part Two. Location: North and east of the intersection of First Avenue with Rochester Avenue, and of the subdivision First and Rochester, Part One. Size: Comprehensive Plan Update: Existing land use and zoning: Surrounding land use and zoning: 3.52 acres. Short range - agricultural/rural residential. Long range - residen- tial. Undeveloped; IO -RS. North - undeveloped; ID -RS. East - undeveloped; ID -RS. South - undeveloped; RS -5. West- undeveloped; RS -5. 45 -day limitation period: March 10, 1984 ANALYSIS: Plum Grove Acres, Inc. has submitted for approval a preliminary plat for the subdivision of approximately 18 acres north of the 40 acres given subdivision approval last year as First and Rochester, Part One. The second subdivision, called First and Rochester, Part Two, is for single family lots and includes 3.52 acres currently zoned ID -RS. The applicant wishes to change the zoning on the 3.52 acres to RS -5 to be consistent with the RS -5 zoning in the remaining 15.32 acres of the subdivision. The applicant has agreed to provide a note on the subdivision plat indicating that certain lots are subject to the development moratorium established by the Council in August, 1983, and that no building permits can be issued for those lots until the moratorium is lifted. 7/S The ID -RS zoning was created to apply to those areas where it was anticipated that City services could not be provided within the time frame of the short-range Comprehensive Plan. The Northeast Area, one of the study areas of the plan, is a section of Iowa City in which growth was not anticipated until beyond Phase III due to the need for the provision of sanitary sewer trunk lines and the construction of two major thoroughfares, First Avenue extended and Scott Boulevard. The property under consideration with this rezoning is within the southwestern extremity of the Northeast study area and within that portion designated for long-range development. It is sewerable and accessible at this time, however, due to contiguous development enabled by an agreement reached between Plum Grove Acres and the City. In 1982, the City and Plum Grove Acres, Inc., reached an agreement regarding a number of issues related to the construction of the Ralston Creek North Branch Storm Water Detention Basin. As a result of this agreement, it has been the understanding of both the City and Plum Grove Acres that, despite a moratorium imposed on development in the northeast and east sections of Iowa City, Plum Grove Acres, Inc. may develop their properties to the south of Ralston Creek and a portion of their properties, +20 acres, to the north of Ralston Creek. The agreement stipulates that this development shall take place in no more than two parts. First and Rochester, Part One, included 7.74 acres of land north of Ralston Creek. The Part Two subdivision adds an additional 18.84 acres north of the creek for a total of 26.58 acres. This total includes the 3.52 acres on which a change in zoning is requested. The remaining 15.32 acres in the Part Two subdivision are zoned RS5 and were zoned as such during discussion of the 1983 Zoning Map with the understanding that the area shown as RS5 encompassed the property subject to the agreement. With the 7.74 acres in First and Rochester, Part 1, the total number of acres proposed for development, before the moratorium is lifted, is 23.06 acres. Approval of this amount of development would meet the letter and the intent of the agreement and not violate the terms of the moratorium. The necessity for rezoning the 3.52 acres at this time rests in the lot requirements of the ID -RS zone and in the desirability of the subdivision design submitted. The dimensional requirements of the ID -RS zone specify that single family dwellings must have a minimum of 5 acres for each unit. The lots which have ID -RS zoning in part are less than 5 acres and therefore cannot be platted without a zoning change. The topography of the area in question is such that careful consideration must be given to the slopes, drainageways, and existing vegetation when designing streets for the subdivi- sion of land. The subdivision submitted has proposed a street layout which follows an existing drive thereby diminishing to a degree the impact the development will have on the landscape. In following this alignment, it is necessary to include at least part of the property zoned ID -RS in order to create buildable lots. STAFF RECOMMENDATION: The staff finds the rezoning of the 3.52 acres of land owned by Plum Grove Acres, Inc. from ID -RS to RS -5 to be acceptable at this time. This finding is dependent upon the inclusion on the preliminary plat for the area of a note deferring actual development of the land. 7/S --� r . Z-8401 f 7/2 aye ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ALLOW SCHOOLS -SPECIALIZED PRIVATE INSTRUCTION IN THE RM -12 ZONE UNDER CERTAIN CONDITIONS AND TO ALLOW THOSE USES PERMITTED IN THE RM -12 ZONE IN HISTORIC STRUCTURES SUBJECT ONLY TO REQUIREMENTS SPECIFIED BY THE BOARD OF ADJUSTMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Zoning Ordinance of the City of Iowa City is hereby amended by adding to Section 36-11(d) the following: (B) Schools - specialized private instruction subject to the provisions of Section 36-11(g)(2). The Zoning Ordinance is further amended by adding to Section 36-11(g) the following: (2) Any use listed may be established by special exception in buildings registered on the National Register of Historic Places, subject only to the requirements specified by the Board of Adjust- ment and the issuance of a certificate of appropriateness by the Historic Preservation Commis- sion according to the procedures of Section 36-53. Because continued use and occupancy of historic structures contribute to maintenance of the City -s historic, aesthetic, and cultural heritage, the Board may, to the extent it finds necessary under the circumstances, waive all zoning requirements, including but not limited to off-street parking and yard requirements, which would limit or prevent a use or occu- pangy of an historic structure which is allowed under the provisions of this section. SECTION II. REPEALER: All ordinances and parts of or nances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any sect on, prov sion or part of the Ordi- nance 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. %/6 2 SECTION IV. EFFECTIVE OATE: This Or~ din mnce sna=e in effect after its final passage, approval and publication as required hvlaw. Passed and approved this It was moved byand seconded by that the Ordinance as rea a adopted and upon F577 ca ere were: AYES: NAYS: ABSENT: AMBRISCD BAKER DICKSON ERDAHL urnnuet n Date: To: From: Re: 7,City of Iowa Cit' MEMORANDUM April 10, 1984 City Council Doug Boothroy, Senior Planner An amendment to the Zoning Ordinance structures in the RM -12 zone subject specified by the Board of Adjustment. to allow uses in historic only to the requirements This ordinance recognizes the uniqueness of historic structures and provides incentives for their continued use while maintaining their historical and structural significance through the provision of greater flexibility in the zoning requirements. Any permissible use in the RM -12 zone could be estab- lished, or an existing use could be expanded, if the use and any expansion of the use were located in a building on the National Register of Historic Places subject only to the requirements specified by the Board of Adjustment and the issuance of a certificate of appropriateness by the Historic Preser- vation Commission. All "old" buildings do not necessarily qualify for placement on the National Register and would not, therefore, be within the purview of this ordinance. Establishment of the proposed Northside Historic District, shown in the attachment, will not automatically qualify buildings within the district for placement on the National Register of Historic Places. Those buildings considered key structures could be eligible; however, they still may not qualify for the National Register if the necessary historical and/or archi- tectural criteria are not met. The staff's recommendation requiring placement of the building on the National Register was intended to emphasize the importance of historic structures and to limit the possibility of development with relaxed stan- dards. The Planning and Zoning Commission considered the two processes of issuance of a Special Exception and a Certificate of Appropriateness as providing adequate opportunity for review of the site plan development, building alterations, zoning, and neighborhood impact. Although this zoning concept is only being recommended at this time for the RM -12 zone, future consideration may want to be given to include all zones, thereby, including other buildings in Iowa City which are registered on the National Register of Historic Places (list attached). bj4/9 716 tocation of Structures the Proposed North Side Residential Historic District ji LEGEND * Key Structure o Contributing Structure N . Intrusion 7/4 PROPERTIES REGISTERED ON THE NATIONAL REGISTER OF HISTORIC PLACES NAME Berryhill House Plum Grove Congregational Church Johnson County Courthouse Opera House Block College Block Building Trinity Episcopal Church Thomas C. Carson House Linsay House Grant Wood House Letovsky-Rohret House Jackson -Swisher House Rittenmeyer House Wentz House Close House Windrem House St. Mary's School Burkley Apartments (Park House Hotel) St. Mary's Church and Rectory Czechoslovakian Association Hall Kirkwood House United States Post Office Van Patten House First Presbyterian Church Nicking House W. A. Pratt House Billingsley -Hills House Pentacrest Old Capitol Cavanaugh House South Summit Street District Vogt-Unash House Boerner-Fry Co./Davis Hotel Woodlawn Historic District Chicago, Rock Island & Pacific Passenger Station SEPTEMBER, 1983 ADDRESS 414 East Brown Street 1030 Carroll Avenue 30 North Clinton Street South Clinton Street 210-212 South Clinton Street 125 East College Street 320 East College Street 906 East College Street 935 East College Street 1142 East Court Street 515 East Davenport Street 120 East Fairchild Street 630 East Fairchild Street 219 North Gilbert Street 538 South Gilbert Street 604 East Iowa Avenue 104 East Jefferson Street 130 East Jefferson Street Jefferson and North Linn Streets 524 North Johnson Street 1101 Kirkwood Avenue 28 South Linn Street 109 South Linn Street 26 East Market Street 410 East Market Street 503 Melrose Avenue 603 Melrose Avenue Univ. of Iowa (Clinton St. and Iowa Ave.) Pentacrest, University of Iowa 704 Reno Street 301-818 South Summit Street 800 North Van Buren Street '322 East Washington Street Woodlawn Avenue and Evans Street 115 Wright Street %/� Horace Mann School APR 2 521 North Dodge Street 0 Iowa City, Iowa 52240 April 17, 1984 Mayor McDonald Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Mayor McDonaldt At a recent meeting of the PTO board of Horace Mann School, several concerns were discussed regarding the purchase of a house on Church Street by Preucil School. This house is to be used as an annex to the school to accommodate increased enrollment and to provide an apartment for faculty of the school. There are several issues that effect Horace Mann School. One is parking. The Mann lot is frequently used by Preucil students and parents, making it difficult for Horace Mann staff and visitors to find parking. The streets nearby are always crowded with cars. During evening events at Mann School, the lot is always filled with Preucil students' cars. With the increased enrollment at Preucil and its annex, this problem will get worse. With this increase in traffic, the safety of the children becomes a major concern. More cars will be coming and going in the lot, as wellas stopping on Church Street to drop off children. The enrollment at Preucil is over 300 at present, and with an annex can be expected to grow. These problems of parking and safety should be addressed before they become worse. We are also concerned about any zoning variances that permit a business to annex a building that is located so far away. Is this setting a precedent for other businesses that want to expand? We feel that zoning variances that change a building from resi- dential to other uses has a detrimental effect of the residential character of the neighborhood and on Mann School. These views reflect regarding Preucil School. In with Preucil, and many of our We would not like to see any and safety for the children. F o L E 0 APR 2 01984 MARIAN K. KARR CITY CLERK (1) the concerns that the PTO board has the past, we have had good relations Mann children take lessons there. problems arise because of parking Sincerely, lb �ro k i l�iie Ho President, Mann PTO 716 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING TO CONSIDER THE PROPOSED REZONING OF CERTAIN PROPERTY LOCATED AT 524 N. JOHNSON STREET FROM P TO RM12. Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 24th day of April, 1984, in the Council Chambers in the Civic Center, Iowa City, Iowa; at which hearing the Council will consider an ordinance rezoning certain property located at 524 N. Johnson Street from P to RM -12. Copies of the proposed ordinance are on file for public examina- tion in the office of the City Clerk, Civic Center, Iowa City. Iowa. This notice is given pursuant to Chapter 414.4 of the Code of Iowa, 1983. ity-t;ier i 7/7 i i ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 524 N. JOHNSON STREET FROM P TO RM -12. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described below is hereby reclassified from its present classification of P to RM -12, and the boundaries of the RM -12 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 524 N. Johnson Street which is legally described as follows: The south sixty (60) feet (more or less) of Lot Four (4), Lot Thirty (30), original Town of Iowa City, ilowa, according to the recorded plat there- of. SECTION II. The building inspector is ereii�y authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publica- tion of this ordinance as provided by law. SECTION III. The City Clerk is hereby auau o�nd directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- tional 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 DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: CITY CLERK RaMved 1 Approved ay 1113 "4141 Dcparimsnt -.9Q ._._. 4blev 7/7 It was moved by and seconded by that the Ordinance as rea a adopted .and upon rollc—a l l there were: AYES: NAYS: ABSENT: AMBRISCO BAKER DICKSON EROAHL _ MCDONALD STRAIT ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published . 717 City of Iowa Cil, MEMORANDUM Date: March 29, 1984 To: Planning and Zoning Commission From: Karin Franklin, Planner Re: Rezoning of 19.92 Acres in the County - CH to RMH.Z-8408 The attached application is another County -initiated rezoning of commercial highway (CH) property to residential manufactured housing (RMH). The 19.92 acres under consideration is owned by Robert Wolf and is currently undevel- oped. This land is east of Scott Boulevard, immediately north of the Sunrise Village Mobile Home Park and within Area 5 of the Fringe Area Policy Agree- ment. The Area 5 policy advocates agriculture as the preferred use for the entire area with non-farm development being restricted to existing zoning and to within one mile of the Iowa City corporate limits. Since the property under consideration is undeveloped, an appropriate change in zoning at this time, consistent with the policy agreement, would be a change to an agricultural designation. The application, however, is for a change from an existing potential for highway commercial development to a proposal which would permit only manufactured housing. The residential zoning proposed permits a less intense use than the existing commercial zoning and the acreage is within the one mile parameter of the policy in which non-farm development should be con- fined. The action proposed is a rezoning; therefore, this is not the appropriate time to require certain construction standards. With any subdivision of this property, City urban design standards will be imposed, consistent with the Area 5 implementation strategies. Staff Recommendation: The staff recommends that the Commission advise the City Council that the preferred zoning of .this undeveloped tract be agricultural but that the rezoning of 19.92 acres east of Scott Boulevard and immediately north of the Sunrise Village Mobile Home Park from CH to RMH is acceptable within the Area 5 policy statement. Approved by: 046 D9 Schmei er, Director Department of Planning and bj1/8 Program Development .APPLICATION FOR REZONING r. DATE March 15, 1984 NMwER L g!� � TO BE FILED WITH THE OFFICE OF THE JOHNSON COUNTY ZONING ADMINISTRATOR. THE APPLICATION SHALL CONTAIN A MAP SHOWING THE PROPERTY FOR REZONING OUTLINED IN RED AND THE PROPERTY WITHIN 500 FEET OF THE PROPERTY FOR REZONING OUTLINED IN BLUE. TO: JOHNSON COUNTY BOARD OF SUPERVISORS JOHNSON COUNTY ZONING COMMISSION THE UNDERSIGNED IS THE (OWNER), (CONTRACT PURCHASER), (OPTION PURCHASER) OF THE FOLLOWING DESCRIBED PROPERTY LOCATED IN THE UNICORPORATED AREA OF SCOTT TOWNSHIP, JOHNSON COUNTY, IOWA, AND REQUESTS THAT YOUR COMMISSION CONSIDER FOR RECLASSIFICATION OF SAID PROPERTY FROM CH DISTRICT TO RMH DISTRICT LOCATED AT (LAYMAN'S DESCRIP- TION): On the East side of Scott Blvd immediately North of Sunrise Village Mobile Home Park COMPOSED of 19.92 ACRES, AND LEGALLY DESCRIBED AS: Commencing at the Northwest corner of Section 19, Township 79 North, Range 5 West of the 5th P.M., John- son County, Iowa: thence South 955.9 feet, thence East 907.73 feet, thence North 955.9 feet, thence West 907.73 feet to the Point of Beginning, contain- ina 19.92 acres more or less PROPOSED USE: Manufactured housing NAMES AND ADDRESSES OF OWNERS of RECORD: Robert Wolf R. R. #5, Iowa City, IA 52240 NAME'S AND ADDRESS OF THOSE PERSONS OWNING PROPERTY WITHIN 500 FEET OF ANY OF THE ABOVE DES- CRIBED PROPERTY: Troy & Norman HaMeS, 492 Bonita Hiawatha TA 92277• Iowa City Development, c/o George Nagle P.O.Box 230 Iowa City, IA 52244; Business Deve Inc P.O.Box 2358 Iowa City IA 52244; Leslie & Ethel Cole R.R.#5 Box 58, Iowa City, IA 52240; Carroll & Lillian Sass, R.R.#5 Box 80A, Iowa City, IA 52240• Modern Manor Inc 130 Hwy 1 West Iowa City, IA 52240 APPLICATION SHALL BE COMPETED BY FURNISHING TWO CHECKS MADE PAYABLE TO THE JOHNSON COUNTY TREASURER: ONE IN THE AMOUNT OF TEN DOLLARS ($10.00) FOR A REZONING SIGN, THE OTHER IN AN AMOUNT WHICH VARIES DEPENDING ON THE NATURE OF THE APPLICATION. THE APPLICANT IS TO PICK. UP AND POST THE SIGN ON THE ABOVE DESCRIBED PROPERTY WITHIN SEVEN (7) DAYS FROM FILING OF THIS APPLICATION. Fj LMp D MAR 1 G 1961 �s —k _ J1* !• f+�. MAR 21 1984 COUNTY AUDITOR LI P.P.D. DbPARTMENT Johnson County SIGNATURE OF OWNER OR CONTRACT OWNER P.O.Box 126, Iowa City, IA 52244 ADDRESS AND TELEPHONE NUMBER OF OWNER AGENT ADDRESS AND TELEPHONE NUMBER OF AGENT %/% co SCOTT LUCAS T79N. R.5W Ste ' 41. r", Jll3IV •15 05 .10 Al" so W "4: 1161 41 -16 Z2 'd'-' Or. -2 1— ;c 4444442 2 cu 'sj f P4J A 6 Ij .. ..... All 'p. A'J" 7"-V "I if wro! %-,e ve 11 Z 4.,.o vc� -Z A e= ".3 A:. le. I.Ya SEE PACC 0 f, jet PACC 10 Z-8408 717 STAFF REPORT To: Planning & Zoning Commission Prepared by: Bruce Knight Item: 5-8408. BDI Fifth Addition, Date: February 23, 1984 Final Plat I GENERAL INFORMATION Applicant: Business Development Inc. jRequested action: Purpose: Location: Size: Comprehensive plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: i 129 East Washington Street Iowa City, Iowa 52240 Final plat approval To subdivide four new lots and extend Heinz Road The northernmost end of Heinz Road 25.8 acres Industrial Undeveloped and I1 North - Undeveloped and RS5 East - Undeveloped and I1 South - Industrial and I1 West - Industrial and I1 Provisions of the Subdivision Code and Stormwater Management Ordi- nance 03/23/84 04/07/84 Water service is available. Sanitary sewer service is also available and will drain into the Heinz lift station as covered by agreement. Police and fire protection are available. Sanitation service would be provided by a private hauler. 7/ 9 i Transportation: Physical characteristics: z Vehicular access is proposed from Highway 6 via Heinz Road. The topography is slightly sloping to relatively flat ANALYSIS The preliminary plat of BDI Fifth Addition was approved by City Council on February 14, 1983. The applicant is now requesting approval of the final plat of BDI Fifth Addition which conforms with the approved preliminary plat. Staff sees no problems with this subdivision, and upon submission of the legal papers, would recommend approval. STAFF RECOMMENDATIONS Staff recommends that the final plat of BDI Fifth Addition be deferred. Upon resolution of the deficiencies and discrepancies listed below, staff would recommend approval. DEFICIENCIES AND DISCREPANCIES 1. Legal papers have not yet been submitted. 2. Construction plans have not been submitted. 3. The legal description does not close within the required limits. ATTACHMENTS 1. Location map. Approved by: ,ffonald Sc meiser, Director Oepartme t of Planning & Program Development 1719 f � � '�► �I ORDINANCE NO. 84-3180 ORDINANCE AMENDING THE ZONING ORDINANCE'BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 30 NORTH CLINTON STREET FROM P TO RM -145. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described bebe owls hereby reclassified from its present classification of P to RM -145, and the boundaries of the RM -145 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 30 North Clinton Street which is legally described as follows: The west 130 feet of Lot 3, Block 79 of the Original Town. SECTION II. The building inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publica- tion of this ordinance as provided by law. SECTION III. -The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa,- upon final passage and publication as provided by law. SECTION IV. REPEALER: All ordinances and parTs—of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or par o e Ordinance shall be adjudged to be invalid or unconstitu- tional, 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 DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and ap roved this 24th day of April,•1984.� 7-. n ATTEST: Received & Approved By The iogsl ucl:=r;nanf PRECEDING DOCUMENT ORDINANCE NO. 84-3180 ORDINANCE AMENDING THE ZONING ORDINANCE -BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 30 NORTH CLINTON STREET FROM P TO RM -145. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described be oT s hereby reclassified from its present classification of P to RM -145, and the boundaries of the RM -145 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 30 North Clinton Street which is legally described as follows: The west 130 feet of Lot 3, Block 79 of the Original Town. SECTION II. The building inspector is hereby authorized and directed to change .the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publica- tion of this ordinance as provided by law. SECTION III. -The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa,- upon final passage and publication as provided by law. SECTION IV. REPEALER: All ordinances and parts of or finances in conflict with the provisions of this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or par o e Ordinance shall be adjudged to be invalid or unconstitu- tional, 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 DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 24th day of April ,.1,984.� / ATTEST: Reeetved ,o. Approved By Yne/ cowl It was moved by Zuber and seconded by Strait that the Or finance as re` a adopted and upon ro ca ere were: AYES: NAYS: ABSENT: R AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD STRAIT —� ZUBER First consideration XXXX Vote for passage: Second consideration XXXX Vote for passage -Moved by Zuber, seconded by Strait, that the rule requiring ordinances to be considered 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 and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald, Zuber. Nays: None. Date Published May 2 1984 i %�72 r -- City of Iowa Cite MEMORANDUM Date: April 19, 1984 To: City Council From: Bruce A. Knight, Associate Planner Re: 5-8404. Hunters Run Subdivision At your meeting of April 10, 1984, additional information was requested regarding the background of Hunters Run Subdivision. In response to your request, staff has reviewed past Council and Planning and Zoning Commission minutes regarding this item. Unfortunately, the Council minutes did not detail any discussion concerning this development. I have attached copies of the minutes of the Planning and Zoning Commission meetings of May 15, 1980, and January 15, 1981. At the May 15, 1980 meeting, the Commission discussed the proposed extension of a sanitary sewer line to the Johnson County Home. It was the Commission's recommendation to the City Council "that a sewer line be constructed to the Johnson County Home which is only sufficient in capacity to serve that portion of the drainage area within the City limits of Iowa City." The City Council subsequently voted in accordance with this recommendation. It was the extension of this sewer line which made sewer service available to Hunter's Run Subdivision. At the January 15, 1981 meeting, the Planning and Zoning Commission discussed the proposed preliminary plat, planned area development plan and large scale residential development plan of Hunter's Run Subdivision. The Commission recommended approval of this item subject to the developer acquiring ease- ments for sewer access, among other things. In addition to this information, you will also be receiving a memo from Bob Jansen regarding the legal questions which you raised. This memo will also contain a discussion of the historical background of this subdivision. In addition, the staff reports which were forwarded to you in your April 10, 1984, agenda packet contain a review of the history of this development. cc: Neal Berlin Don Schmeiser Doug Boothroy Bob Jansen bj3/10 7,7, 3 M MINUTES PLANNING AND ZONING COMMISSION JANUARY 15, 1981 CITY COUNCIL CHAMBERS MEMBERS PRESENT: Jakobsen, Horton, Vetter, Blum. MEMBERS ABSENT: Lehman, Ogesen, Kammermeyer; STAFF PRESENT: Woito, Boothroy, Tyler. RECOMMENDATIONS TO CITY COUNCIL: 1. That the Council approve the application submitted by Shaler Enter- prises Inc. for the preliminary plat, Planned Area Development and Large Scale Residential Development Plan, located one-half mile west of Mormon Trek Boulevard subject to acquiring easements for sewer access, and legal papers containing procedures for review of the development when it is approximately half -way completed, and a Storm Water Management system for lot N8. 2. That the Council approve the application submitted by Procter and Gamble Manufacturing Company for the preliminary and final Large Scale Development plan, located at 2200 Lower Muscatine Road subject to the Storm Water Management basin being shown on Procter and Gamble property. , FORMAL ACTION TAKEN: That the discussion and final vote on an application submitted by Bjorenson Investment Corporation for rezoning a 2.6 acre tract of land from R3A to C1, located on the southeast corner of the intersection of Highway 6 and Lakeside Drive be deferred until the next regularly scheduled meeting. SUMMARY OF DISCUSSION: Chairperson Jakobsen called the meeting to order. There being no public discussion, the Commission proceeded with the formal agenda. SUBDIVISION ITEMS: 5-8016. Public discussion of an application submitted by Shaler Enterprises Incorporated, for the preliminary plat, Planned Area Development and Large Scale Residential Development plan, located one- half mile west of Mormon Trek Boulevard; 45 -day limitation period: 1/21/81; 60 -day limitation period: 2/5/81. 7a 3 I i Planning and Zoning Commission January 15, 1981 Page 2 Boothroy explained that the application was for a large scale residential development entitled Hunter's Run consisting of 117 acres and 253 units. The projected time schedule for completion is approximately 8-9 years. The development will be located west of Mormon Trek Boulevard in such a way so that the proposed alignment of Interstate 518 will cut through the northeast corner of the development. Part 1 is that section located south of Rohret Road. It is designed at a rural density due to its present lack of sewer and water service. Part 1 is divided into eight lots. The developer has limited the points of access to Rohret Road by providing common drives. However, the Commission has previously suggested a standard of access along one side of an arterial street to be every 300 feet centerline to centerline and the alignment of two drives would have to be changed in order to meet this standard as they are now approximately 250 feet centerline to centerline. Boothroy explained that the northern section, Part 2, will include a mix of condominiums, single family dwellings, and duplexes. Generous amounts of green space are provided in the area north of Rohret Road (designated as Part 2) including several acres of park area which the Parks and Recreation Commission agreed to accept on January 14, 1981 as City park area. Part 2 will have a series of streets including Duck Creek Drive which is proposed to run parallel to 518 perhaps eventually extending to Melrose Avenue. The park areas will separate higher and lower density areas. Walkways are planned throughout the development. Boothroy stated that the applicant was willing to make revisions and had in fact made revisions however, some deficiencies and discrepancies remain. The private drive accesses along Rohret Road must be addressed. Sewer easements should be provided for access to sewer located on the adjoining property to the north. An agreement should be provided for review of the planned area development in three or four years to determine compliance with the development time schedule. Boothroy noted that Engineering had determined that lot #8 in Part 1 did comply with the Storm Water Management ordinance on a preliminary basis and that future resubdivision of lot #8 will have to provide Storm Water Management plan before being taken to Council. Members of the Commission discussed various aspects of the development ascertaining that the development was located about h mile from the city limits and that Rohret Road will be developed as a secondary arterial. Members stated that they were somewhat concerned about the placement of the driveways at less than 300 feet but that they saw no ready solution. Since the development is within City limits, it is difficult to limit development but they would not like to see a pattern established on Rohret Road of driveways every 225 feet. The Commission also expressed concern about vacant property between this development and the rest of the City and problems of access between the two. They stated that a walkway should be provided under 518 to provide access to the rest of the City. ��3 r— Planning and Zoning Commission January 15, 1981 1 Page 3 Members agreed that the developer should obtain easements to the sewer before approval. The development plans to use the trunk sewer being extended to the County Home which has a limited uncommitted capacity. In order to obtain access to this trunk line, the developer must obtain easements from the adjoining property owner to the north on whose property the sewer is being located. The developer objected saying that getting the easement might be time consuming. The Commission responded that the Council would not consider the development plan until the easements had been obtained. Woito asked for a waiver of the time limitations so that easements could be obtained. The Commission unanimously approved that motion stated by the Chair that the Council approve the application submitted by Shaler Eneterprises, Inc. for the preliminary plat, Planned Areas Development and Large Scale Residential Development Plan, located one-half mile west of Mormon Trek Boulevard subject to acquiring easements for sewer access, and legal papers containing procedures for review of the development when it is approximately half -way completed, and a Storm Water Management system for lot #8. 5-8017. Discussion of an application submitted by Procter and Gamble Manufacturing Company for the preliminary and final Large Scale Development plan, located at 2200 Muscatine Road. Boothroy explained that this was the third modification of the LSNRD plan for this location. This action is chiefly concerned with designating a temporary building as permanent. He pointed out that a provision in the code governs temporary buildings, allowing them to remain for two years, with an extension period. This extension period is now up and Procter and Gamble is applying to have the structure become part of the permanent facilities. They have determined that the building is beneficial and are willing to bring it up to code. They have submitted a letter of intent and do comply with the Storm Water Management Ordinance. In the revised plan there is a slight problem with the boundaries as drawn which need to be changed so that the Storm Water Management basin appears on Procter and Gamble property. The Commission agreed unanimously with the motion stated by the Chair that Council approve the application submitted by Procter and Gamble Manufacturing Company for the preliminary and final Large Scale Development plan, located at 2200 Lower Muscatine Road subject to the Storm Water Management basin being drawn on Procter and Gamble property. ZONING ITEM: Z-8003. Public discussion of an application submitted by Bjorensen Investment Corporation for rezoning a 2.6 acre tract of land from R3A to C1, located on the southeast corner of the intersection of Highway 6 and Lakeside Drive; 45 -day limitation period: 1/25/81. Planning and Zoning Commission January 15, 1981 Page 4 Knight stated that according to the Comprehensive Plan the property was zoned for 8 to 16 dwelling units per acre and that the only justification for changing the zoning would be the relocation of the proposed South Neighborhood Commercial Center. The Plan further suggests that the main tenants of the NCC should be a grocery store and a drug store. This proposed use would be a convenience store. Although the Comprehensive Plan does not directly deal with convenience stores, staff feels that there was an intent to limit the number to avoid commercial property being scattered throughout residential property. The City Engineer has indicated that the property is suitable for "dry use" only so that a laundromat would not be acceptable here. This would be taken care of if the applicant uses the property only as presently planned. Because of adjacent C2 zoning, the possibility of strip zoning developing does exist. If rezoning is allowed here, staff feels that a feasible alternative may be that of Planned Commercial instead of Cl. This rezoning would allow for the development of this area in a "planned" manner, providing for both automobile and pedestrian access. Angela Ryan, representing the owners, stated that the building of a Quik Trip on this spot would be advantageous to the neighborhood and the city. She pointed out that people in the neighborhood could walk or bike to the store. Furthermore, such building would increase the tax base. She stated that the owners were willing to agree to a dry use. After study of the site, they decided that the only appropriate use for the land would be a convenience center. Addressing the concern for strip zoning, Ryan stated that Lakeside property was already fully developed and that the mobile home court owner was not interested in developing any more, so that strip zoning would not be occurring. She pointed out that the LSNRD would include extensive landscaping. In answer to questions concerning consistency with the Comprehensive Plan, Ryan pointed out that the Plan was to be a flexible working document. She added that the Staff Report seemed to indicate that Quik Trip would be taking the place of the Neighborhood Center which is not the intent. She noted that people want convenience stores and see a real value in them. Ryan stated that gas pumps would be included at the location. Ryan stated that Bjornsen had sold the land to Life Investors who wished to lease the land to Quik Trip. Tom Cilek, representative of Life Investors, stated that Quik Trip would be doing extensive landscaping on the site. Cilek stated that Life Investors was willing to enter an agreement with the City stating that the Quik Trip store would be the only item built on the site. Jakobsen responded that P&Z could not enter into such an agreement. Blum pointed out that P&Z would be rezoning for a parcel of land not a particular store. Cilek responded that given the sewer problems, little else could be done with the site. 7.?3 Planning and Zoning Commission January 15, 1981 Page 5 Woito pointed out that the current zoning for the parcel appears to be unsuitable and this plan does seem suitable and that Legal would recommend the rezoning. Blum stated that he was concerned about rezoning 2.6 acres when less than 1 acre would be used for Quik Trip. He said he was also concerned with possible use of the adjacent land which is zoned C1 and C2. He pointed out that if the area is rezoned there would be little the Commission could do to prevent undesirable development. He stated that if the Commission wants planned commercial development, the development has to be controlled. Boothroy pointed out that the sewer problem was short term and sewer capacity could be provided within 5 years. Boothroy also pointed out that some neighbors were objecting to building Quik Trip on the proposed site; however, they could not attend the meeting because of a conflicting school board meeting. He stated that the neighbors were raising a petition against the rezoning. Jakobsen suggested considering Planned Commercial zoning. Cilek responded that he was unsure how much control the City would gain with Planned Commercial since the developer would be submitting an LSNRD. He stated that the developers would even be willing to dedicate part of the remaining land to the City. He did state that he had to concede the strip zoning issue as they had no control over what other owners might do with their property. Blum pointed out that if the Commission could control the development of this site through the use of Planned Commercial zoning, they would be able to apply the same standards to the rest of the land in the area. Blum stated that it was in the proposal's favor that the land is totally unsuitable for any other use. He pointed out that the Comprehensive Plan is flexible, that this is a piece of land that does not conform. He stated that the new use did not bother him and that there were plenty of barriers between the area and Randalls to make the store really convenient to neighbors. However, his major concern was the best method for P&Z to control zoning. Cilek asked what additional action the developer would have to take with Planned Commercial Zoning that they would not have to take with an LSNRD. Boothroy stated that with PC the developer would be committing to zoning and a development plan at the same time. This would require an economic feasibility study, and an impact study on the surrounding property, a traffic impact study on the surrounding streets, and a set back of 40 feet in the front, 20 feet on the side and 20 feet on the back. (The tip of the triangle is 20 feet wide.) %?3 i Planning and Zoning Commission January 15, 1981 Page 6 The chair moved that the Commission recommend the rezoning of the 2.6 acre tract located on the southeast corner of the intersection of Highway 6 and Lakeside Drive from R3A to Cl. The motion was defeated with Vetter and Horton voting aye. Jakobsen stated that she was concerned with the neighborhood beyond Lakeside Apartment and Bel Aire. Blum stated that he was voting against the approach, not the concept. He added that the timing of the school board meetings did not allow neighbors to express their feelings. He stated that he would reconsider his vote if the applicant would give the Commission a waiver on the time limitation to give the Commission time to work out a solution. The Commission explained that the procedure would be to waive the 45 -day limitation period, then the item would be reposted. This would avoid the refiling fee. Cilek and others agreed to waive the 45 day limit. Blum moved and Jakobsen seconded that the Commission reconsider the vote. Motion carried unanimously. Blum moved and Vetter seconded that the Commission defer the vote until the next meeting. The motion carried unanimously. The meeting adjourned. Prepared by: Andrea Tyler, M i to T1 aker Approved by: Dick Blum, Secretary 7123 MHUTEs �• ,;;. L Al»lbN MAY 15. Iona CIVIC CENIER COuftA L �" NUth VVV 11ENJERS PRESENT: Vetter, Jakobsen, Ogesen, Kammermeyer, Blum, Lehman, M^gBERS ABSENT: LUNDQUIST STAFF 'RESENT: Boothroy RECOMME� NDATIIS TO THE CI— T— Y- — 1. 0-8005. The preliminary plat of the subdivision at 1st Avenue and +oc ester be denied approval until such time as a satisfactory plan for having sewerage t° the subdivision is presented and other de- ficiencies are addressed. I uest to p, s-8004. The Commiulationssio asPa°P�ediexpansionchard cofsanapartment waive the LSRD reg 30 i such a complexat 207 consistent with fp open plannrom 29 to ingand alaw fand dtherefore dreer is notcommends denial of this request. and est in Block 2 st 3. V-rgent, andtthe Downey�sepdditloo beavacatedwand disposed of toCad- , jacent property owners, HyVee Foods and Chariton Storage, Inwhich 4. That a sewer line be constructed to the Johnson County Home I is only sufficient inl Iowa opacity serve that portion of the drainage i hin the SUMMARY OF DISCUSSION j Jakobsen brought the meeting to order. Minutes of the April 17, 1980 meeting were approved. Public discussion commenced. ------ Discussion of a preliminary Plat of First and Rochester dedit45-day located north of RochesterAvenue-day limitation period: 6/6/BO, Avenue extended, and east of Fi period A memo from Frank Farmer pointed out that the subdivision Plat provided tension of the no plan for sewerage.teAdequat feet sewera, past Pole would icy ofxthesCity Was to trunk sewer approxily 2000 t of capital improvement funds. However• since paying the difference °uinch line and later the trunk with the MY allow extension of an a the present budget for his. and because there are no funds allocated in thereare also eleven othernded ddeficiencies with no revisions submitted. t ---located Discussion reliifa of preliminary DLilP°rind waivedhes. Court Apartrae"ts. 4L 207 0 MICIMILrao By JORM MICR#LAD y�� CEDAR MPIDS 0 DES NDIDES j rLANN111C AND ZONING May 15, 1981 paye 2 nick Mock presented his arguments for waiving compliance with certain aspets of fromc29 units etoS30 RD units. Hlan so e arguedt his athatmthe preent sent complexlex could complied expanded complied with the code and that no purpose would be served by completing the paper work of a topographical map, mapping sewer lines, etc. He felt that thwording ofhe wasnance askingntheated it was not Commission recommendsthatyto be the City Council look into waiving the requirements of the ordinance. Commission members expressed their concern that complexes were purposely limited to 29 units by the builders in order to avoid compliance with the ordinance and then later more and more units might be added one or dividual waivers ho at e lawaandme. wouldhey setfalt that damagingnundercut precedent. They also questioned the Commission's legal authority to waive the ordinance without the petitioner showing hardship. Discussion of the request by Hy -Vee Foods, Inc and Chariton Storage Company to vacate the alley (running east and west ) in Block 2 of Cook. Sargent, and Downey's Addition. Boothroy reported that the City Assessor had discerned that the City held the right -a -way of the alley. Usual action is to vacate the alley and dispose to the nearest property owners who are Hy -Yee Foods and Chariton Storage, Inc. who filed the petition. Discussion of the appropriate size of sanitation sewer to serve the County Home and related issues. A memo from Chuck Schmadeke was submitted indicating 2 alternative sewerage systems, one to accommodate 510 acres along 518, the second one for 80 acres. Discussion arose about city government's right to limit growth in sons otilnenlakthroOther � for turning down a plan thanlacof sewerage if the proposed which seemed to indicateithatsa cityiocould�not absolourt cases utely up n brought growth by refusing to build sewer and teen refusing permits because torte was no sewer. However, deciding where growth wi would be encouraged. Generally, the CWMSSiG felt opposed to encouraging a great deal of growth along 518 =d so decided to provide sewerage only to the drainage area within the City Limits rather than the entire 570 awes. 141CWrILM ar ,00uau L=M!�.ao 7a 3 PLA:;;;/r,,. air A, may 15, 1980 page 3 Discussion of building Foster Road. a May 1, 1980 memo from Members raised a number of questions concerningPPD staff no eedeforoFosteroRoadlas atsecondaryiarterialabecause IL the Interstate BO fulfills that need. eo le indrew 9 neralstrong justcriticism not uselnterthe sttaate systems ased that studies show P P part of the regular street systems. ath Specifically members felt that the majority would nle north ouse f Iowa as a City between eastern Iowa City and the ACT area,nor peep 9 buque wishing to et to the entering at Prairie du Chien, nor people on Duich now has Kimball Road new Hy -Vee area. Feeling chwas andaBrown are used, ashthrough streets instead of 1000 cars daily, Church a desire to see a traffic study on this of the Interstate. They expre done. ecause it assumed 1st Avenue will be extended Item 15 was also criticized and this has not been approved. The $44,ODo figure projected in the memo was questioned.an Me ears a d how the data was substantiated since no street p Boothroy answered that a March 18, 1980 memo contained charts estimating footage,rhood have resisted Members were puzzled about why the people in the neiggh orifi streets. Foster Road while other neighborhoods have accepted There was some feeling that the residents did not traffrom understand what tfwas being proposed. The purpose of the road traffic to keep intotherexisting wans The ts to planforits there and will continue do be They felt that the Staff reportemphasized condmrning houses while in reality the Commission is quite willing to accept o offset in order to avoid condemnation. calling Foster Rud Concern about the Council using a semrchange coacern a collector rather than a secondary artterierial al to placate citizen development was expressed• one reason f rot all while still planning on rehensive cap tvJt that all secondary arterialwouldLhisrmislabel would cause confusion. collector streets. They Discussion ended with the decision to draw up a sono to the X11. Prepared by'�11e r viinute 'Azar 1 I Approvt4 hy: ,,11��na CFairples" RICRUILM 91 JOWM M1II"+LAO CEDM PAPICS 0 DES PUMS �A %a 3 ■ �I JANSEN & LYNCH LAW OFFICES ATTORNEYS AT LAW LAWRENCE L. LYNCH HIGHWAY ONE WEST AREA CODE 318 ROBERT W. JANSEN P. O. BOX 2500 351.1056 STEPHEN N. GREENLEAF IOWA CITY. IOWA 52244.2500 April 19, 1984 Honorable Mayor and Members of the Council Civic Center 410 E. Washington Iowa City, Iowa 52240 Re: Hunter's Run Subdivision Preliminary Plat -Parts 2-8 Planned Development Housing (PDH) Parts 2 and 5 Public Hearing on PDH Ordinance and Final Plat Approval Dear Mayor McDonald and Members of the Council: You have asked for my opinion concerning whether or not the Council has legal authority to deny approval of Hunter's Run Development Company's application for final plat approval for Parts 2 and 5. Water service is now available. Sewer service will be provided via the Johnson County Home trunk sewer. Sanitation service and fire and police protection are also available. Thus, all essential municipal services are provided for the subdivision and the area was rezoned to PDH -5 when the new zoning ordinance was adopted in December, 1983. The subdivision now consists of approximately 88 acres and is located one-half mile west of Mormon Trek Boulevard along the north side of Rohret Road. A map is attached. The developer intends to provide for the development of 253 residential units utilizing a mix of single family housing, planned development housing and large scale residential development. Part I was approved on September 14, 1982. This part is located south of Rohret Road and utilizes septic tanks and, of course, will not receive city sewer serivice. The preliminary plat and the PDH and LSRD plans for parts 2- 8 were approved by the Council on February 10, 1981, resolution 81-23. The resolution provided that approval be granted "with the following conditions. I. The preliminary plat for Hunter's Run Subdivision is approved for the final plat, final planned area development plan and final large scale residential development plan for each of the eight parts provided for on said preliminary plat of the Hunter's Run Subdivision. V3 Mayor and Council April 19, 1984 Page 2 2. Obtaining and dedicating to the City of Iowa City, sanitary sewer easements so that the sewer lines from this subdivision can hook into the sewer which will serve the Johnson County Care Facility. 3. Provided that the Schedule of Completion set forth on the preliminary plat be adhered to." At the time the resolution was passed there was a great deal of council discussion because of the City's desire to limit development on the west side of Highway 218. It was felt that limited development was desirable because this area would be more difficult and expensive to serve as a result of the construction of Highway 218. In addition, it was perceived that the development was not consistent with the concept of compact and contiguous to existing development growth. However, the council decision to extend sanitary sewer and water services to the County Home made these services available for development and made "leapfrog" development a reality. As noted previously, at the time of adoption of the new zoning ordinance in December, 1983, this area was rezoned to PDH -5 in recognition of the council - approved preliminary plat and PDH and LSRD plans. It is also significant to note that the condition specified in the council resolution concerning availability of hook -on to the County Home sewer has now occurred and it is my understanding that the necessary easements have been or will be obtained. Simultaneous with council approval, staff required an agreement with the developer (Shaler Enterprises -predecessor to Hunter's Run Development Co.) providing for a review of the development four years after the date of the City's approval of the preliminary plat. The review period will expire in February, 1985. A copy of this agreement is attached. The import of the agreement is that it manifests an intention by the City to give the developer four full years to proceed with development. The conjunction of the factors of extended and available city services, proper zoning, occurrence of the sewer condition in the approval resolution, and the agreement referred to, make it very difficult to legally deny development. It must also be mentioned that at the time Council approved the preliminary plat and plans in 1981, the 1978 comprehensive plan designated the area for a density of 2-8 dwelling units per acre. Certainly the present application is not consistent with the 1983 comprehensive plan update which now requires sequential development and compact and contiguous growth based upon a capital improvements schedule. However, I do not believe that this is a significant point since the 1983 plan policies had not been formalized in 1981. %� 3 1 Mayor and Council April 19, 1984 Page 3 To deny development on the basis that a sequential development pattern should first occur before Hunter's Run is allowed to fully develop and to thus avoid leapfrog development would not, in my opinion, be legally defensible. It is fundamental that zoning regulations or action restricting development must be imposed in good faith. Good faith implies that the restrictions are being imposed for valid reasons, such as lack of adequate sewer capacity or other municipal services. Associated Home Builders v. Livermore, 18 Cal, 3rd 582, 135 Cal. Rptr. 41, 557 P. 2d 473 (1976); Golden v. Planning Board of Ramapo, 30 N.Y.S. 2d 359, 334 N.Y.S. 1-3-8,28-5-- N.E. 38,285N.E. 2d 291 (1972) app. dismd., 409 U. S. 1003, 935 Ct. 436, 440. Those reasons do not exist in this situation. A city council acts in an administrative capacity when it reviews plats. Oakes Const. Co. v. CitZ of Iowa City, 304 N.W. 2d 797. If plats conform to statute and city oTd nance requirements and fall within the general plan with regard being had for public streets, alleys, parks, sewer connections, water service, it shall be the duty of the Council to approve the plat submitted to it. Section 409.14, The Code, 1983. This means that the council may not legislate or impose new conditions for approval. In 1981, state and city code requirements were met. There is also a strong reliance argument that can be made by the developer. The 1981 approval was conditioned upon eventual access to the County Home sewer which has now been installed. The agreement allowed four years to proceed with development. A water main was installed at City expense, to Rohret Road and hook -on is now available. In effect, the developer was told it could proceed when sewer (and water) was available. Although several years have passed and development has not proceeded, this may well be due to unsettled economic conditions or market considerations that have not permitted development until now. There is an additional complication. According to Section 32-30 of the subdivision regulations, "approval of the preliminary plat shall be effective for a period of eighteen (18) months, unless, upon written request of the subdivider, the Council, by resolution, grants an extension of time. Also, the preliminary LSRD requirments (Section 27-55(f) state that approval of the map and plan shall be effective for a period of six (6) months, unless upon written request of the developer, the Council grants an extension of time...'. No such request was ever made by the developer for either the plat or plan and, therefore, the previous preliminary plat for Parts 2-8 is null and void and must be submitted against for approval. The preliminary PDH plan has no time limit and needs only to be amended to revise the schedule of completion. The preliminary plan should, therefore, be labeled as an amended PDH plan." 7a3 Mayor and Council April 19, 1984 Page 4 I do not believe that a refusal to approve the re -submitted plat on the basis that the developer sat on its hands or slept on its rights will be justified in view of the reliance posture of the developer. The courts could view this as a mere technicality and not attach any weight to it. For the foregoing reasons it is my opinion that the Council lacks legal justification to deny the application. LocA-rioQ mA,P AGREEMENT ' THIS AGREEMENT mile by and between Shaler Enterprins. a partnership, the equitable owners ind developers hereinafter referred to as SIULER0 and the City of Iowa City, lova, a municipal corporation hereinafter referred to as CITY. WTTNESSETIit In consideration of the City approving th,e preliminary plat, planned area development and large scale residential plan of Hunter's Run Subdivision, Iowa City.olowe, Shaler hereby grants to the Cley of Iowa City, the right to review the planned area development and large scale residential plan, four years atter .the date of the City's approval of said preliminary plat. Ilia review shall be limited to determine whether or not the planned area development and large scale residential plan as presented on the preliminary plat is being completed in substantial compliance with the plans and agrenents of said preliminary plat and plans. In the event that the development 1s not proceeding in substantial compliance with the planned area development, then the City of Iova City, may take the following actions 1. That the planned area development zoning for the entire area be continued with, revised time limits[ or 1. That Clio planned area development zoning be continued for part of the area, with or without revised time limits, and the remainder be rezoned to an appropriate category. or T. That other appropriate amendments be made or actions taken. This agreement shall be binding on the parties, their successors in interest or assigns. Signed this L day of February, 1981. CITY OF IOWA CITY. IOWA SIIALCR ENTERPRISES, A PARTNERSIIIP ial Mayor �LlI rn�J. Shay, �A-9tiller ►�" 8 York L gR.n.11d W. S�ch.Jlntler, A Partner • t y � Ir J nee Robert S hlntler, A Partner .7 Fr6 i 0 Rl chem rd Joseph Scldntler, A Par uwr .1661[ STGi.I'l l�•, •', 7,73