Loading...
HomeMy WebLinkAbout2008-06-17 Ordinance17-08 5b Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS WHEREAS, the Comprehensive Plan provides a vision for the orderly growth and development of Iowa City's neighborhoods, commercial and industrial districts and public spaces; and WHEREAS, the Comprehensive Plan envisions healthy neighborhoods providing an array of housing options for the city's diverse population, a complete and connected street network, quality public infrastructure, attractive and vibrant commercial districts, economically sound industrial districts, preservation of environmental assets and accessible trails, parks and open space; and WHEREAS, the current Subdivision Code does not contain the tools necessary to implement the vision of the Comprehensive Plan; and WHEREAS, after considerable deliberation and public discussion, the Planning and Zoning Commission has recommended approval of a new Subdivision Code based on the Comprehensive Plan; and WHEREAS, the City Council wishes to update the Subdivision Code to implement the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. By repealing TITLE 15, "Land Subdivisions," and substituting in lieu thereof the "TITLE 15, LAND SUBDIVISIONS" attached hereto and incorporated herein by this reference. 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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 part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this _ day of , 20 MAYOR ATTEST: CITY CLERK Approved by ity Attorney's Office City of Iowa City MEMORANDUM Date: June 11, 2008 To: City Council From: Karen Howard, Associate Planner RE: Recommended revisions to Title 15, Subdivisions Attached are the Planning and Zoning Commission's recommended revisions to the City's subdivision code. A "clean" copy of the draft (no redlining) is included with the enabling ordinance. For ease of review I've included another copy of the redlined version of the draft as forwarded to you last week in your information packet. The redlined version of the subdivision code illustrates proposed deletions with strikethrough notation and newly proposed language with underlining. Public written correspondence was sent with your information packet last week. I will make a presentation highlighting the proposed changes at the Council meetings on June 16 and 17. Let me know if you have any questions. Cc: Michael Lombardo, City Manager Jeff Davidson, Director of Planning Bob Miklo, Senior Planner Planning and Zoning Commission Recommended Draft May /5, 2008 CHAPTER 1. GENERAL SUBDIVISION PROVISIONS This Title shall be known as and may be referred to and cited as the Subdivision Code. This Title is intended to encourage orderly community development and provide for the regulation and control of the extension of public improvements, public services and utilities, the improvement of land and the design of subdivisions consistent with the approved Comprehensive Plan, as amended. 15-1-3 Definitions ALLEY: An open public way intended for use as a means of vehicular access to abutting property. BOUNDARY LINE ADJUSTMENT: The reconfiguration of the boundary line between abutting tracts, lots or parcels that results in conveyance of less than one thousand (1,000) square feet of land. COMMISSION: The Planning and Zoning Commission of the city. DEFICIENCY: An error on or omission from plat specifications and/or other supporting documents required as part of the subdivision approval process including, but not limited to: • Missing or mislabeled easements; • Inaccurate measurements; • Missing or inaccurate stormwater calculations; • Mislabeled symbol markings in legends; • Inaccurate street cross-sections; • Building lots that do not meet minimum zoning standards; • Or similar. DIVISION: Dividing a tract, lot or parcel of land into two (2) portions by conveyance or for tax purposes. A boundary line adjustment or the conveyance of an easement, other than a public highway easement, shall not be considered a division for the purposes of this Title. LOT: A tract of land represented and identified by number or letter designation on an ofFcial plat. OFF-SITE COSTS: The costs incurred by a developer in constructing, improving, or otherwise extending public improvements from existing public improvements through or along property not owned by said developer to the boundaries of property under development and which improvement are capable of serving other properties. Planning and Zoning Commission Recommended Draft May I5, 2008 OUTLOT: a portion of a platted subdivision or other parcel of land not intended by its owner for immediate development. An outlot may also be a tract or parcel of land within the subdivision intended for shared use by the residents of the subdivision or by the public, e.g. public or private open spaces and/or walkways. PARCEL: A part of a tract of land. PUBLIC IMPROVEMENTS: The principal structures, works, component parts and accessories of public infrastructure that become part of, are placed upon, or affixed to real estate, including, but not limited to: • Sanitary sewers; • Storm sewers, the lines or pipes and drainage swales; • Bridges and culverts; • Streets, trails, and sidewalks; • Water mains; • Storm water management facilities; • Public open space improvements. STREET, ARTERIAL: A street, the principal function of which is to provide for through traffic and which is designed to carry large volumes of traffic. "Arterial streets," as referenced in this Title, are those streets shown on the Johnson County Council of Governments (JCCOG) Arterial Street Plan, as amended. STREET, COLLECTOR: A street, the principal function of which, is carrying traffic from local streets to arterial streets. STREET, CUL-DE-SAC: A local street terminating in a turnaround. STREET, LOCAL: A street used primarily for access to abutting property and for moving local traffic. STREET, LOOP: A local street with two (2) intersections with another street in an alignment roughly in the shape of a "U." STREET: A public or private street as defined in this Title. STREET, PRIVATE: Aprivately-owned way that is intended to afford a means of access to abutting property and for moving local traffic. STREET, PUBLIC: Aright-of-way dedicated to and accepted for public use, which affords a means of access to abutting property and a means of vehicular travel. A public street is owned or controlled by a government entity. SUBDIVISION: Division of a tract, lot or parcel of land into three or more lots. SUBDIVISION PLAT: the graphical representation of a subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located. SUBDIVISION PLAT, MAJOR: A subdivision plat that involves the construction of one or more new streets, selective access drives or street extensions. Planning and Zoning Commission Recommended Draft May /S, 2008 SUBDIVISION PLAT, MINOR: A subdivision plat that does not involve the construction or extension of streets. .~ ~ ~ A. Any plat or replat of a subdivision of land located within the City under the Code of Iowa, as amended, shall be certified as approved by the Mayor and City Clerk and the certification affixed to the plat or replat only after approval by a resolution of the City Council as set forth in this Title. B. Pursuant to section 354.9, Code of Iowa, as amended, all subdivisions located within two (2) miles of the City's corporate boundaries shall be subject to City review and approval, except for those areas exempt from such review pursuant to the Johnson County/ Iowa City Fringe Area Agreement. C. Any division of a tract, lot or parcel shall be administratively reviewed and approved by the City Manager or designee for compliance with the Zoning and Subdivision Codes. Prior to recording, a division shall be certified as approved by the City Manager or designee. • ~ -~ A. Where a subdivision is required, the City shall not issue a building permit for construction on any lot, parcel or tract unless and until: 1. A final subdivision plat has been approved and recorded; and 2. The City approves subdivision erosion control measures in accordance with this Title; and; 3. The City accepts the public improvements as specified herein, with the exception of sidewalks and stormwater management facilities, said exceptions being allowed after building construction has commenced as set forth herein. B. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 10 percent thereof as specified in paragraph 15-2-3C-9. C. No building permit and no certificate of occupancy shall be issued for any division unless such division has been approved as set forth in this Title. 15-i-6 Development Activity Restricted A. No person, owner or responsible party shall do any grading in any areas as described in Chapter 17-8, Grading Ordinance, without first obtaining a grading permit from the Building Official. B. No person, owner or responsible party shall do any grading in any areas as described in section 17-8-15, Construction Site Erosion and Sediment Control, without first obtaining a Construction Site Runoff (CSR) Permit from the City. C. Unless specifically exempted, an application for Sensitive Areas Review must be submitted to and approved by the City prior to woodland clearing, grading or any development activity on tracts of land or portions of tracts of land where any regulated sensitive Planning and Zoning Commission Recommended Draft May !S, 2008 features exist, as specified in Article 14-SI, Sensitive Lands and Features. A Sensitive Areas Review may occur concurrently with Subdivision Review as set forth in this Title. D. No public improvements shall be installed without approval of construction plans by the City Engineer or designee. 15-i-7 City's Right To Install Improvements A. If the subdivider, its assigns or successors in interest, sell or convey lots in a subdivision without constructing or installing the public improvements, the City shall have the right to install and construct such improvements. The costs of such improvements shall be a lien and charge against all the lots in the subdivision under the provisions of the Code of Iowa, as amended, except the cost of installing sidewalks, which shall be a lien only against the lot or lots abutting or in front of which sidewalks are installed. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by State law for assessing such improvements. The requirement to construct such improvements is and shall remain a lien from the date of final plat approval until properly released by the City. B. When required improvements have been installed to the satisfaction of the City, the City will, upon request, promptly issue to the subdivider, for recording in the County Recorder's office, a good and sufficient release to various lots in such subdivisions so that this Section will not constitute a cloud upon the title of the lots in the subdivision. However, with regard to the subdivider's obligation to construct stormwater management facilities, the provisions of paragraphs 1 and 2, below, apply. 1. With respect to a subdivider's obligation to construct stormwater management facilities, the City shall provide a partial release for the development from any liens or clouds on title to the development by reason of such stormwater management obligations, provided the City Engineer certifies that the following conditions and/or events have occurred: a. The facilities have been substantially completed; b. An escrow amount has been established with the City in an amount approved by the City Engineer, to which the City's lien should attach immediately upon execution or recording of the partial release; 2. The City agrees to issue a total release for the facilities upon certification by the City Engineer, in writing, that all of the following events and/or conditions have been substantially completed: a. Permanent ground cover is established and moveable; b. Erosion and sedimentation are controlled in conformance with the approved plans and specifications; c. The facilities are complete; d. All land within the tributary area in the development, or a lesser amount of land as approved by the City Engineer, has been developed. Planning and Zoning Commission Recommended Draft May 15, 2008 A. Modifications of Requirements 1. Upon recommendation of the Planning and Zoning Commission or on its own motion, the City Council may vary, modify or waive the requirements of Chapter 3 of this Title, Subdivision Design and Required Improvements, provided one of the following qualifying circumstances are met: a. If the subdivider can demonstrate that strict compliance with the requirements of Chapter 3 of this Title would result in extraordinary hardship because of excessive costs due to non-self-inflicted conditions; and if the subdivider can demonstrate that strict compliance with the requirements of Chapter 3 of this Title would conflict with the objectives of these subdivision regulations; or b. If a subdivider can demonstrate that strict compliance with the requirements of Chapter 3 of this Title would result in subdivision design that would compromise public health or safety, or could result in the substantial degradation of natural features even after application of appropriate provisions of Article 14-5I, Sensitive Lands and Features. 2. City Council may act to vary, modify or waive a requirement only if it finds that the public safety and interest is protected and that such variance, modification, or waiver will not hinder development of neighboring properties and that the variance, modification or waiver will not nullify the intent or purposes of this Title or of other Titles of the City Code. B. City Council Action The City Council must approve any variance, modification, or waiver of the general requirements set forth in this Title and must note this approval in the resolution approving the final subdivision plat. 15-1-9 Sellin Before Approval; Penalties A. Except pursuant to an agreement expressly conditioned on final subdivision approval, it shall be unlawful for any person or persons to agree to transfer or sell or to transfer or sell any land which forms a part of a subdivision requiring City Council approval under this Title before City Council grants final subdivision approval. Each such agreement, transfer or sale shall be deemed a separate violation. B. It shall be unlawful for any person or persons to agree to or attempt to transfer or sell, or to transfer or sell any division which requires approval under this Title without first having obtained approval by the City. Each such attempt, agreement transfer or sale shall be deemed a separate violation. C. In addition to the foregoing, the City may institute injunctive, mandamus or other appropriate action or proceedings to prevent any pending sale or transfer or to prevent any further sale or transfer in violation of this Title. Planning and Zoning Commission Recommended Draft May I5, 2008 Any violation of this Title shall be considered a simple misdemeanor or Municipal infraction or environmental infraction as provided for in Title 1, Chapter 4 of the City Code and shall be subject to the penalties specified in 1-4-2D, except for environmental infractions, which shall be subject to the penalty for same as specified in 1-4-26-2, as amended. Each day that a violation occurs and/or is permitted to exist constitutes a separate offense, and civil and/or criminal penalties shall be computed accordingly. Planning and Zoning Commission Recommended Draft May I5, 2008 CHAPTER 2. PLATS AND PLATTING PROCEDURES 15-2-i Concept Plan A. Applicability Whenever the owner of any tractor parcel of land within the corporate limits of the City or within 2 miles thereof wishes to make a subdivision of the same, the owner or the owner's representative shall submit a concept plan to the Department of Planning and Community Development for review prior to submission of a preliminary plat. B. Submission Requirements The concept plan must include the following information: 1. The proposed layout of streets, lots, location of stormwater facilities, and open space. 2. General topography, based on existing topographic maps or other resources. The property is not required to be surveyed at the concept plan stage. 3. Approximate footprints of any existing above-ground man-made features located on the subject property, including buildings and other structures, streets, sidewalks, etc.; 4. Surrounding land uses and approximate location of building footprints on abutting properties; 5. Sensitive features, including streams, wooded areas, known wetlands or potential wetlands, known archeological sites, etc. 6. Other necessary information pertaining to the existing conditions of the property, as requested by the City. C. Review of concept plan 1. Upon receipt of a concept plan the Department of Planning and Community Development shall review the concept plan in the context of the standards of this Title, other City Code requirements, and Comprehensive Plan policies, and will have the discretion to solicit comments from other city departments. 2. The Department of Planning and Community Development will provide general written comments to the applicant within 20 business days of receipt of the concept plan based on the information submitted by the applicant. These comments are intended to provide guidance to the applicant in preparing the preliminary plat and are not to be construed as comprehensive with regard to compliance with the City Code. 3. The Preliminary Plat shall not be filed until said written comments regarding the concept plan are provided to the applicant. 15-2-2 Preliminary Plat A. Submission Required; Waiver After conferring with the Department of Planning and Community Development on the concept plan, the owner or owner's representative shall submit to the City Clerk Planning and Zoning Commission Recommended Draft May /5, 2008 twelve (12) copies of a preliminary plat for consideration. This submission must include accurate and complete information as set forth in subsection 15-2-2B, below. 2. The City Manager or designee(s) will check the application for accuracy and completeness. A "complete application" shall mean the following: a. A plat with accurate measurements and dimensions and easements identified; and b. All information as specified in 15-2-26, below, has been submitted; 3. The applicant will be notified of deficiencies and/or discrepancies or if an application is incomplete. If an application is found to be incomplete, the City will inform the applicant and reserves the right to discontinue staff review until a complete and accurate application is filed. The start date for any applicable time limitations for the application under review will be the date when a complete application is submitted. 4. The City may waive submission of the preliminary plat if the final plat includes all the requirements of the preliminary plat. B. Plat Specifications and Accompanying Information 1. The preliminary plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); however, if the resultant drawing would be larger than 24 inches by 36 inches (24" x 36"), the plat shall be submitted at a scale of one inch to 100 feet (1" = 100'). In addition, a digital version of the plat must be submitted as per City specifications. Each plat must include the following information: a. Legal description, acreage and name of proposed subdivision; b. Name(s) and address(es) of owner(s) and subdivider; c. Names of the persons who prepared the plat, owner's attorney, representative or agent, if any, and date of preparation; d. North point and graphic scale; e. Contours at 5-foot intervals or less; f. Locations of existing lot lines, streets, public utilities, water mains, sanitary sewers, storm sewers, drainpipes, culverts, watercourses, bridges, railroads, buildings, storm water detention facilities and any other public improvements in the proposed subdivision. g. The existing streets and City utilities on adjoining properties. h. Layout of proposed blocks (if used) and lots, including the dimensions of each, and the lot and block number in numerical order. For lots where the lot width is different from the lot frontage, the lot width must be indicated on the plat. i. Location of any proposed outlot(s), identified with progressive letter designations, and the purpose of said outlot(s) clearly specified on the plat. j. Proposed location of clustered mailboxes. k. Location and widths, other dimensions and names of the proposed streets, alleys, roads, utility and other easements, parks and other open spaces or reserved areas. Planning and Zoning Commission Recommended Draft May 1 S, 2008 Grades of proposed streets and alleys. m. Across-section of the proposed streets showing the roadway locations, the type of curb and gutter, the paving and sidewalks to be installed. n. The proposed layout and size of water mains and sanitary sewers. o. Proposal for drainage of the land, including proposed storm sewers, ditches, swales, bioswales, rain gardens, culverts, bridges, storm water management facilities and other structures. p. A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat. 2. The preliminary plat shall be accompanied by the following information: a. A location map with north point showing an outline of the area to be subdivided. b. A grading plan, including proposed methods for the prevention and control of soil erosion, pursuant to the Grading Ordinance, Chapter 17-8 of the City Code. c. If access to State routes is proposed, the plat must be submitted to the Iowa Department of Transportation for review. Comments from the Iowa Department of Transportation must be submitted with the proposed plat. d. For properties containing regulated sensitive features as specified in Article 14- 5I of the City Code, a Sensitive Areas Development Plan must be submitted as set forth in Article 14-5I. C. Fees A fee shall be paid at the time the preliminary plat or any combination of preliminary plats and/or plans is submitted to the City Clerk, in the amount established by resolution of the City Council. D. Review of Plat; Approval or Disapproval 1. Upon filing the preliminary plats as required by this Section, the City Clerk shall forward 11 copies of the preliminary plat to the Department of Planning and Community Development. 2. The Department of Planning and Community Development shall distribute said copies to the appropriate City Departments for review as designated by the City Manager. 3. Said designee(s) shall examine the plat and application to insure compliance with the requirements of this Title, other relevant provisions of the City Code, Comprehensive Plan policies and with State law. Upon completion of examination, the Department of Planning and Community Development shall forward a written report, including recommendations, to the Planning and Zoning Commission. No plat shall be forwarded to the Planning and Zoning Commission with more than six (6) deficiencies. 4. Following staff evaluation, the owner or owner's representative must submit ten (10) revised copies of the plat for distribution to the Planning and Zoning Commission. 5. The Commission shall study the revised preliminary plat, review the application of the owner and review the report from the Department of Planning and Community Development. Planning and Zoning Commission Recommended Draft May I5, 2008 6. The Commission shall recommend approval or disapproval of the plat within 45 calendar days of the date the City receives a complete application, or the preliminary plat shall be deemed to be approved by the Commission. The owner or owner's representative may, however, agree to an extension of time. 7. After receipt of the recommendation of the Commission or after the time of any extension has passed, the City Council shall, by resolution, approve or disapprove the preliminary plat. E. Effect of Approval Approval of a preliminary plat by the City Council does not constitute approval of the subdivision but merely authorizes the subdivider to proceed with the preparation of the final plat. In the event the City Council approves the preliminary plat and the final plat submitted does not materially and substantially deviate from the preliminary plat and if inspection by the City reveals that all plans and specifications for construction of improvements, as required by the City, have been met, the final plat shall be approved by the City Council. Approval of the preliminary plat shall be effective for a period of 24 months unless, upon written request of the owner or subdivider, the City Council, by resolution, grants an extension of time. If the final plat is not filed with the City Clerk within 24 months, all previous actions of the City Council with respect to the plat shall be deemed null and void. A. Submission Required i. After approval of a preliminary plat or if the requirement for preliminary plat has been waived by the City Council, the owner or owner's representative shall submit to the City Clerk twelve (12) copies of a final plat for review. Said final plat must be submitted to the City Clerk within 24 months of approval of the preliminary plat, unless an extension has been approved by the City Council. This submission must include accurate and complete information as set forth in 15-2-36 and 15-2-3C, below. 2. The Department of Planning and Community Development will check the application for accuracy and completeness. A "complete application" shall mean the following: a. A final plat with accurate measurements and dimensions, and with easements correctly identified; b. An accurate legal description; c. All required legal documents and accompanying instruments as specified in 15- 2-36 and 15-2-3C, below; d. Construction plans according to the specifications of the City Engineer; 3. The applicant will be notified of deficiencies and/or discrepancies or if an application is incomplete. If an application is found to be incomplete, the City will inform the applicant and reserves the right to discontinue staff review until a complete and accurate application is filed. The start date for any applicable time limitations for the application under review will be the date when a complete application is submitted. io Planning and Zoning Commission Recommended Draft May I5, 2008 4. Upon approval by the City, a final plat may include only a portion of the development illustrated on the preliminary plat if that portion can function as a separate development, including access and utilities, and if no essential public infrastructure extensions are delayed. Whether or not said infrastructure is essential in nature shall be determined by the City. 5. The applicant shall note any variations from the approved preliminary plat. Requests for minor changes that do not constitute substantive changes may be approved administratively without requiring an amendment to the preliminary plat. Substantive changes, including but not limited to the layout and location of streets, lots, and outlots, changes to the proposed uses of the various lots and outlots, and other similar changes that would result in a substantive change to the character of the subdivision may result in the necessity to file an amended preliminary plat. B. Specifications The final plat shall meet the following specifications: 1. The plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); provided, however, if the resultant drawing would be of larger dimension than 24 inches by 36 inches (24" x 36"), the plat shall be submitted at a scale of one inch to 100 feet (1" _ 100'). 2. Twelve (12) prints of the final plat shall be submitted showing the following information: a. Accurate property boundary lines, with dimensions and bearings or angular dimensions, which provide a land survey of the tract, closing with an error of not more than one foot in 10,000 feet. b. Accurate references to known permanent monuments, giving the bearing and distance from some corner of a lot or block in the City to some corner of the congressional division of which the City or the addition thereto is a part. c. Accurate locations of all existing and recorded streets intersecting the property boundaries of the tract. d. Accurate legal description of the property boundaries. e. Street names and street right-of-way widths. f. Complete curve notes for all curves included in the plat. g. Street center lines with accurate dimensions in feet and one-hundredths of feet with bearings or angular dimensions to street, alley and lot lines. h. Lot numbers and lot line dimensions. For lots where the lot width is different from the lot frontage, the lot width must be indicated on the plat. i. Block numbers, if used. j. Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use. k. Location, type, material and size of all markers. Name and street address of the owner and subdivider. ~i Planning and Zoning Commission Recommended Draft May ]5, 2008 m. Name and street address of owner's or subdivider's attorney, name of persons who prepared the plat and the date of preparation. n. North point, scale and date. o. Certification of the accuracy of the plat by a registered land surveyor of the State. p. Location and width of easements for utilities. q. Certification by the utility companies that utility easements are properly placed for the installation of utilities. r. A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat. s. A note on the plat stating, "notes on this plat are not intended to create any vested private interest in any stated use restriction or covenant or create any third party beneficiaries to any noted use restriction or covenant. 3. The applicant shall submit a digital version of the final subdivision plat as part of the application process. Once the plat has been approved by the City Council, a final copy of the digital version of the plat shall be submitted to the City Engineering Department. Said final digital copy shall be compatible with the Johnson County Geographic Information System and City of Iowa City mapping system. Specific formats, procedures, and methods needed to meet this requirement will be updated as changes in technology occur. C. Accompanying Documents The final plat shall also be accompanied by the following documents: 1. Owner's Statement An acknowledged statement from the owner and the owner's spouse, if any, that the subdivision as it appears on the plat is with their free consent and is in accordance with the desires of the proprietor and the proprietor's spouse. This statement may include the dedication to the public. 2. Dedications Dedication of streets and other public property, including perpetual easements for the installation, operation and maintenance of City utilities. 3. Mortgage Holder's or Lienholder's Statement An acknowledged statement from mortgage holders or lienholders that the plat is prepared with their free consent and in accordance with their desire, as well as a release of mortgage for any areas dedicated to the public. 4. Encumbrance Certificates If there is no consent from the mortgage holders or lienholders as specified in 3, above, and if the land being platted is encumbered in the manner set out in the Code of Iowa, as amended, a certificate shall be filed with the County Recorder showing an encumbrance bond in an amount double the amount of the encumbrance and approved by the Recorder and Clerk of the District Court. The bond shall run to the County for the benefit of the purchasers of the land subdivided. 5. Attorney's Opinion An opinion from an attorney at law showing that the fee title is in the owner and that ~z Planning and Zoning Commission Recommended Draf[ May l5, 2008 the land platted is free from encumbrance or if encumbered, listing the encumbrances and the bonds securing the encumbrances. 6. Construction Plans A complete set of construction plans for all public improvements, meeting City specifications, must be submitted to the City Engineer's Office. 7. County Treasurer's Certificate A certified statement from the County Treasurer that the land being platted is free from taxes. 8. County Auditor's Certificate A certified statement from the County Auditor approving of the name or title of the subdivision as succinct and unique to Johnson County. 9. Subdivider's Agreement a. An agreement executed by the subdivider which agrees, as a covenant running with the land, that the City shall not issue a building permit for any lot in the subdivision until the subdivider installs the public improvements, except sidewalks, according to plans and specifications approved by the City Engineer and until the City Engineer approves subdivision erosion control measures. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Rnance Department an escrow equal to the cost of improvements plus 10 percent thereof in cash or an irrevocable letter of credit payable to the City in a form approved by the City Attorney. At the City's discretion, this escrow may be divided by the number of lots in the subdivision and collected on a per lot basis prior to the issuance of a building permit. Subdivider must further agree, as a covenant running with the land, that subdivider will install sidewalks abutting each lot in the subdivision as set forth in this Title, that the obligation to install the sidewalks remains a lien on the lots abutting the sidewalk until released by the City and that, in the event subdivider fails to install the sidewalks, the City may install the sidewalks and assess the total cost against the property without meeting the requirements of notice, benefit or value required by State law for assessing improvements. b. The subdivider's agreement shall state that the subdivider, including its grantees, assignees and successors in interest, agrees that public services, including but not limited to street maintenance, snow and ice removal and solid waste collection, will not be extended to such subdivision until the pavement is completed and accepted by the City Council by resolution. c. The subdivider's agreement shall state: "Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot 13 Planning and Zoning Commission Recommended Draft May I5, 2008 boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law." d. The subdivider's agreement may include other conditions peculiar to the subdivision as allowed by law. lo. Iowa Department of Transportation Permits Approved IDOT permits must be submitted, if required. D. Review; Approval or Disapproval 1. Upon the filing of the final plat as set forth above, the City Clerk shall submit 11 copies of the final plat and the application to the Department of Planning and Community Development. 2. The Department of Planning and Community Development shall distribute said copies to the appropriate City Departments for review as designated by the City Manager; 3. Said designee(s) shall examine the application, the plat, the construction plans, and the legal documents to insure compliance with the requirements of the City Code, State law, and the preliminary plat. 4. The costs of engineering examination of final plat and construction plans shall be paid by the subdivider and shall be the actual costs of the engineering examination and review as incurred by the Ciry. 5. Upon completion of said review staff shall recommend approval or disapproval of the plat within 45 calendar days of the date the City received a complete application, or the final plat shall be deemed to be approved by the staff. The owner or subdivider may, however, agree, in writing, to an extension of time. 6. Following staff evaluation, the owner or owner's representative shall submit a digital version, a transparent reproducible copy and 8 prints of the revised final plat with the signatures of the surveyor and the respective utility companies to the City Clerk. 7. After receipt of the recommendation of the staff or after the time of any extension, the City Council shall, by resolution, approve or disapprove the final plat. The City Council must take action on the final plat within 60 calendar days of submission of a complete application for a final plat to the City Clerk. If the City Council does not approve or disapprove the plat within 60 calendar days, the final plat shall be deemed approved. The owner or subdivider may, however, agree, in writing, to an extension of time. 14 Planning and Zoning Commission Recommended Draft May I5, 2008 CHAPTER 3. DESIGN STANDARDS AND REQUIRED IMPROVEMENTS -. A. Design of the subdivision shall comply with the standards of this Chapter, provide for the orderly growth and development of the City, demonstrate consistency with the Iowa City Comprehensive Plan and any specific adopted district plans, and take into consideration the natural features of the site and patterns of adjacent development. B. The subdivider of property shall be responsible for constructing all public improvements associated with the proposed subdivision according to City Code, unless exempted from such requirements according to the provisions herein. C. Public improvements, as defined in this Title, shall be constructed and installed according to the standards established by the City. Copies of said standards are on file in the office of the City Engineer. A. Connectivity of Streets, Sidewalks, and Trails Subdivisions shall provide for continuation and extension of arterial, collector and local streets, sidewalks and trails in accordance with the following standards. 1. Arterial streets must be located and extended in general accordance with the JCCOG Arterial Street Plan and Iowa City Comprehensive Plan. 2. All streets, sidewalks, and trails should connect to other streets, sidewalks, and trails within the development, and to the property line to provide for their extension to adjacent properties. Each subdivision must contribute to the larger interconnected street pattern of the City to ensure street connectivity between neighborhoods, multiple travel routes resulting in the diffusion and distribution of traffic, efficient routes for public and emergency services, and to provide direct and continuous vehicular and pedestrian travel routes to neighborhood destinations. 3. The road system shall be designed to permit the safe, efficient, and orderly movement of vehicular and pedestrian traffic; to meet the needs of the present and future population served; to have a simple and logical pattern and allow that pattern to continue through adjacent properties; and to respell natural features and topography. 4. Use of cul-de-sacs and other roadways with a single point of access should be avoided. Cul-de sacs will be considered where it can be clearly demonstrated that environmental constraints, existing development, access limitations along arterial streets, or other unusual features prevent the extension of the street to the property line or to interconnect with other streets within or abutting the subdivision. is Planning and Zoning Commission Recommended Draft May 1 S, 2008 B. Minimum Access Standards Adequate street access to an area or neighborhood is required as part of subdivision approval or prior to the approval of additional subdivision lots. The standards in this subsection are intended as minimum standards in areas where connectivity is limited by topography, previous development patterns, or other unusual features and shall not be used as a means of circumventing the street connectivity standards set forth in subsection A, above. The following guidelines will be used by the City in determining whether additional street access is a prerequisite to additional lots or developable parcels being approved by the City. 1. Additional access may be required if a proposed development will result in any portion of a street that provides a single means of access to an area being overburdened with traffic. Overburdened' shall be defined as a projected volume which exceeds the midpoint design volume as follows: a. Local street: 500 vehicles per day b. Collector street: 2,500 vehicles per day 2. Projected traffic volumes shall be determined by using the most recent Average Daily Traffic count when available, and adding it to projected traffic generation as determined by the City. In the absence of a recent traffic count, projected traffic volumes shall be calculated by using projected traffic generation for both existing and proposed development. 3. Additional means of access may also be required if any of the following conditions exist or will exist if additional lots or developable parcels are approved: a. There are physical features that may increase the probability of blockages along the single means of access to the development. These physical features include but are not limited to: slopes 8% or greater; floodplains as designated by the Federal Emergency Management Agency; a bridged or culverted roadway; trees adjacent to the roadway with trunk diameter greater than four inches; a grade separated highway; or a railroad. b. The existing access is insufficient to provide efficient, safe, and/or cost-effective routes for the provision of public and emergency services for the proposed development. c. The street, which provides a single means of access to the area, is a local or collector street along which there are existing or proposed facilities that may increase the probability of pedestrian-motor vehicle conflicts. These facilities include but are not limited to schools, daycare centers and parks. d. There are land uses located along the subject street that serve special populations, which may increase the volume of emergency vehicle trips. These uses include but are not limited to adult daycares, facilities serving elderly persons, or persons with disabilities. 4. For a situation requiring additional means of access based on the above criteria, a single means of access may be permitted as a temporary condition. A temporary condition is one in which there is secured, written assurance from the private subdivider that the road, which will provide the necessary access, will be constructed within three years of development or, alternatively, said access is scheduled for t6 Planning and Zoning Commission Recommended Draft May !5, 2008 construction no later than the third year of the then current Capital Improvements Program of the City. C. Street Types Table 15-1, Standards for Street Rights-of-Way, provides a summary of various street types. The information in this table is intended to provide guidance for the design of the street network within a subdivision. When designing a subdivision, street types should be chosen based on the intended function of the street and anticipated level of traffic. The City will review the proposed streets and determine the appropriate street type based on the factors set forth in this section. D. Dedication of Right-of-Way Land shall be dedicated to the City for all public street rights-of-way within the development and for any public street right-of-way that is needed for streets that abut or will abut the development. t~ Planning and Zoning Crnnmission Reconunended Draft May 15, 2008 Table 15-1: Standards for Street Ri hts-of-Wa Minimum Pavementwidth HTtiiJel Parking Maximum: Sidewalk": Right=of--way ~ .. . Lanes Grade ~~ ., Width - width : ;. . Residential Alle /Rear.Lane 20 ft. I6 ft. 2 No 12% N/A Commerciale Alley/Rear Lane 20 R. minimum 20 ft., varies 2 No 10% N/A /varies Loop Street' 100 ft. 22 ft. I shared Ycs, on one I O°/ 4 ft. minimum / side residential varies; side o[ street onl Low volume Cul-de-sac' 50 R. 22 ft. 1 shared Yes, on one 10% 4 ft. both side sides Cut-de-sac 60 ft. 26 or 28 ft 2 Yes 10% 5 R. both f~ sides Local Residential Street ~: 60 ft. 26 or 28 ft. 2 Yes 12% 5 ft. both ~,;,, sides Local CommerciaUIndostriah` 60 ft. 28 ft. 2 Ycs 8% 5 fr. both Street sides Collector Street (all land uses) 66 ft. 31 ft. 2 Yes 10% for 5 fl. both residential; sides 8%for commercial or industrial Collector Street w/ bike lanes 66 fl. 34 fr. 2 No 8% 5 ft. both sides 2-lane Arterial Street `. 100 R. 31 ft. 2 No 8% 8 ft. one minimum side / 5 ft. ~~ one side Arterial Streefw/ bikeYanes ' 100 R. 34 ft. 2 No 8% 8 ft. one minimum side / 5 fr. .~ ~ ~:<~. ~ one side 4=lane Arterial.Street - 100 fr. 54 R./varies 4 No 8% 8 ft. one - ;`n '' rg ~ ~ : minimum depending if side / 5 ft. median is included one side Arterial Street :w/ parlung ' `'`" 100 ft. vazies, based on 2 Yes 8% 8 ft. one <~, minimum; more number of lanes side / 5 ft. .+. '";" may be required and whether one side ` depending on parking is parallel parking or angled. .- confi uration 3-lane Arterial Street ~ 100 Ct. 46 ft., /varies 3 No 8P 8 ft. one -~ minimum depending if side / 5 ft. median is included one side Loop streets provide access for 12 or fewer dwellings. ~ I,ow volume cul-de-sacs provide access to 10 or fewer single family dwellings For residential streets with less than 28 feet of avement width, arkin is restricted to one side. E. Measurements and Construction Standards 1. All right-of-way improvements must be designed and constructed according to the design and construction standards established by the City. Said standards are on file in the office of the City Engineer. 2. All street widths shall be measured back-of-curb to back-of-curb. 3. The minimum outside radius of the pavement of cul-de-sac bulbs and loop streets is 39 feet. A center median is required at the center of the cul-de-sac bulb with a minimum radius of it feet. For loop streets a median is also required with a I8 Planning and Zoning Commission Recommended Draft May 1 S, 2008 minimum width of 30 feet. In residential areas, center medians for cul-de-sacs and loop streets are required to be landscaped to at least the SS standard as described in Article 14-5F, Screening and Buffering Standards. The subdivider's agreement shall designate and set forth procedures for property owners or a homeowner's association to maintain the landscaped area within the center median of loop streets and cul-de- sacs. Said instrument shall provide that if said services are not provided as required therein, the City shall have the right to perform said services, and the cost thereof shall be a lien and charge against all of the subject lots. F. Street Intersections 1. A maximum of four legs are allowed at any one intersection. 2. The distance between street intersections must be at least 125 feet centerline to centerline. 3. Intersections of street center lines shall be between 80~ and 100. 4. Corner lots abutting on an arterial or collector street shall have a minimum radius of fifteen feet (15') at the intersection. 5. Dead end streets and alleys are not permitted except at subdivision boundaries abutting undeveloped areas. In such cases a temporary fire-apparatus accommodating turn-around may be required and, if required, must be constructed to City specifications. G. Traffic Calming Features 1. The street network, block length, and layout of lots should be designed in a manner that discourages speeding traffic and unsafe driving behavior. 2. In order to minimize the potential for speeding traffic and create a safer environment for pedestrians and bicycles, the City may also, in cases where it is warranted, require traffic calming features to be designed into the subdivision. These features may include but are not limited to discontinuous streets, curb extensions, raised crosswalks, medians, or traffic circles. H. Street Names The City reserves the right to deny the use of street names that are not in the public interest. Street names must be consistent with the following standards, unless an exception is approved by the City: 1. In order to ensure safe an efficient provision of public and emergency services, each proposed street name shall be distinct from other street names within the larger metropolitan area; 2. Street names that are overly lengthy, difficult to pronounce, or that may be considered inappropriate or unappealing shall be avoided; 3. For new streets, the following rules apply: a. The term "street," should be used for anon-dead-end roadway aligned in a north-south direction. b. The term "avenue" should be used for anon-dead-end roadway aligned in an east-west direction; 19 Planning and Zoning Commission Recommended Draft May 15, 2008 c. The term "boulevard," "road," or "drive" may be used for a roadway that is aligned neither in a north-south nor east-west direction, but which changes direction or meanders; d. The terms "lane," "court," or "circle," or "place" should be used for cul-de-sacs or low volume loop streets. 4. Cul-de-sacs or low volume loop streets may use the same name as the roadway with which it intersects. For example, a cul-de-sac that intersects with Rose Avenue may be named "Rose Court." However, if more than one cul-de-sac or loop street intersects with Rose Avenue, an additional "Rose" name may not be used. 5. Similar names may not be used for streets that are in different locations within the city. For example, the name, "Rose Drive," may not be used in one neighborhood, if there is already a "Rose Avenue" in a different neighborhood. I. Private Streets 1. Private streets in single family residential areas are not allowed. 2. Requests for private streets in multi-family, commercial, and industrial areas will be considered, provided that connectivity to adjacent properties is not needed and the responsibilities for maintenance, snow removal, garbage service, and street sweeping is clearly established according to the provisions of paragraph 3., below. 3. If private streets are approved, the subdivider must submit a legally binding instrument setting forth the procedures to be followed for maintaining private streets and providing garbage service, snow removal, street sweeping, and for financing these services. Such costs shall be shared by all owners of property located within the subdivision, or designated portion thereof, through the use of an owners association or other entity satisfactory to the City. Said instrument shall provide that if said services are not provided as required therein, the City shall have the right to perform said services, and the cost thereof shall be a lien and charge against all of the owners of lots so designated in the subdivision. ). Cost sharing for pavement overwidth In the event arterial or collector streets are required in a subdivision, the City shall pay for the excess pavement required over that required fora 28-foot wide local street. The City Engineer shall calculate the excess cost. Such cost-sharing shall be according to the procedure set forth by the City Manager. Any payment for pavement ovenvidth by the City shall be pursuant to State law. K. Cost sharing for street upgrades At the discretion of the City, subdivisions may be approved that access existing public streets that do not meet City standards, provided the subdivider contributes toward the future reconstruction cost of bringing the segment of the subject street that abuts the subject property to City standards. When determining whether such an approval will be granted, the City will evaluate the street based on factors such as roadway surface, sight distance, anticipated traffic levels, and pedestrian/bicycle facilities. If the City permits a development to access a street that does not meet City standards, the subdivider shall contribute to the cost as follows: 20 Planning and Zoning Commission Recommended Draft MaylS, 2008 a. Local Streets Local streets are streets that serve as access to property and carry insignificant amounts of through traffic. Therefore, the subdivider shall pay 100% of the cost of upgrading a local street to City standards for that segment of the street that abuts the subject property. If the subdivider controls land on only one side of a local street, they will be required to contribute 50% of the cost of upgrading the subject street segment to City standards. The City will expect the subdivider of properly on the other side of the street to contribute the other 50% of the costs at such time as that land is subdivided/developed. Costs to reconstruct the street will be determined by the City Engineer. b. Collector Streets Collector streets are streets that collect traffic from a subdivision or neighborhood, and direct it to and from the arterial street. The function of a collector street is 50% access to property, and 50% through traffic. Therefore, the subdivider will be required to contribute 50% of the cost to upgrade a collector street to City standards for that segment of the street that abuts the subject property, with the City contributing the other 50%. If a subdivider controls land on only one side of the collector street, they will be required to contribute 25% of the total cost for the subject street segment. The City will expect the subdivider on the other side of the collector street to contribute the other 25% of the cost at such time as that land is subdivided/developed. Costs to reconstruct the street to City standards will be determined by the City Engineer. c. Arterial Streets Arterial streets have the primary function of carrying traffic through and between neighborhoods. The function of an arterial street is 25% access to property, and 75% through traffic. Therefore, the subdivider will be required to contribute 25% of the cost to upgrade an arterial street to City standards for that segment of the street that abuts the subject property, with the City contributing the other 75%. If a subdivider controls land on only one side of the arterial street, they will be required to contribute 12.5% of the total cost of the subject street segment. The City will expect the subdivider on the other side of the arterial street to contribute the other 12.5% of the cost at such time as that land is subdivided/developed. Costs to reconstruct the street to City standards will be determined by the City Engineer. ,- -.- Public sidewalks, trails, and pedestrian connections shall be constructed in the public right-of- way according to the following standards: A. Sidewalks, trails, and pedestrian connections shall be constructed according to City standards. Said standards are on file in the Office of the City Engineer. B. Five-foot-wide concrete sidewalks must be constructed along both sides of all local and collector streets, except for connections to existing sidewalks as provided in subsection D, below. For low volume and loop streets, as described in Table 15-1, the required sidewalk width may be reduced to four feet. 21 Planning and Zoning Commission Recommended Draft May LS, 2008 C. Along arterial streets, afive-foot sidewalk is required on one side of the street and an 8- foot sidewalk on the other side, except as allowed in subsection D, below. The City will determine on which side of the street the 8-foot sidewalk will be placed. When an 8-foot sidewalk is required, the City, at its discretion, will either pay for the excess pavement required for the developer to install an 8-foot sidewalk rather than 5-foot sidewalk, or collect the estimated cost of the 5-foot sidewalk from the developer and apply said cost to construction of an 8-foot sidewalk by the City. Any payment of excess pavement costs by the City shall be pursuant to State law. D. In cases where the proposed sidewalk provides a connection between existing sidewalks that are less than the required width, the proposed sidewalk may be constructed to match the width of the adjacent sidewalks. However, this modification is not allowed in cases where one end of the proposed sidewalk will provide a connection to future sidewalks for new development. In such a case, the sidewalk should be tapered to provide a transition between differing sidewalk widths. The City will determine where along the street the transition should occur. E. All sidewalks and trails must connect to other sidewalks and trails within the development and to the property line to provide for their extension to adjacent properties. F. The subdivider will be responsible for the construction of a public sidewalk along the frontage of private open space, public open space required to be dedicated to the City according to the Article 14-5K, Neighborhood Open Space Requirements, and along the frontage of other outlots as necessary for a continuous sidewalk system to be created. G. In residential subdivisions, blocks longer than 600 feet must have mid-block pedestrian connections between adjacent streets, unless said connection is deemed to be unnecessary and is waived by the City. At the time of subdivision, these connections must be platted as minimum 15-foot-wide easements; if the connecting sidewalk is greater than 5 feet in width, the easement must be at least 20-feet wide. Within this easement a sidewalk must be constructed to City standards that is equal in width to the sidewalks to which it provides a connection. If the mid-block sidewalk connects to sidewalks of two different widths, the mid-block sidewalk must be equal in width to the wider sidewalk. The area and sidewalk within the pedestrian easement must be maintained by adjacent property owners according to the subdivider's agreement in a manner similar to maintenance requirements for public sidewalks. H. Where a trail extension, as identified in the Comprehensive Plan or an adopted trails plan, is located on the subject property, the City may require an easement or alternatively, may require dedication of an outlot for the trail. Construction of the trail or portion of a trail may also be required in instances where said trail or portion of a trail primarily serves the needs of the proposed subdivision/development. In this situation, the trail will be treated as a public improvement. Dedication of land for a trail extension shall count toward the open space requirement for the development, provided said land is consistent with the standards for open space as set forth in Article 14-5K of the City Code and provided said land dedication is acceptable to the City. 22 Planning and Zoning Commission Recommended Draft May I5, 2008 A. Blocks 1. Blocks should be limited in size and be laid out in a pattern that ensures the connectivity of streets, provides for efficient provision of public and safety services, and establishes efficient and logical routes between residences and non-residential destinations and public gathering places. 2. To provide multiple travel routes within and between neighborhoods, block faces along local and collector streets should range between 300 and 600 feet in length and for residential subdivisions have a width sufficient to accommodate two tiers of lots. Longer block faces may be allowed in cases of large lot commercial, industrial, or rural residential development, or where topography, water features, or existing development prevents shorter block lengths, although mid-block pedestrian connections may be required (See Section 15-3-3, above). Block faces are measured from centerline to centerline. 3. Block faces along arterial streets should be at least 600 feet in length. Intersecting collector streets should be spaced in a manner that provides adequate connectivity between neighborhoods, but also maintains the capacity of the street for the safe and efficient movement of traffic. Longer block faces may be required along high capacity or higher speed arterial streets where the interests in moving traffic outweigh the connectivity between areas of development. The City may approve shorter block faces in high density commercial areas or other areas with high pedestrian counts. 4. Cul-de-sacs may not exceed 900 feet in length. The length of a cul-de-sac is measured from the center line of the street from which it commences to the center of the bulb. B. Lots 1. Lots must be platted in a manner that will allow development that meets all requirements of Title 14: Zoning. Lots must be of sufficient size to accommodate an adequate buildable area and area for required setbacks, off-street parking, and service facilities required by the type of use and development anticipated. 2. Lots with multiple frontages must be platted large enough to accommodate front setback requirements along street-side lot lines. 3. If a property with frontage along an arterial street is proposed to be subdivided, developed or redeveloped for any Multi-Family, Group Living, Commercial, Institutional or Industrial Use, across-access easement must be provided by the property owner to all adjoining properties that front on the same arterial street that are or may be developed as Multi-Family, Group Living, Commercial, Institutional Use, or Industrial Uses according to the cross access standards set forth in section 14-5C-7 of the City Code. 4. In residential areas, double- and triple-frontage lots shall be avoided. Where such lots are necessary to overcome specific disadvantages of topography, land features, or access restrictions, the following standards apply: 23 Planning and Zoning Commission Recommended Draft May 15, 2008 a. Lots with multiple frontages shall be 125% of the required lot area for the zone in which the lot is located. The additional required lot area shall be used to increase the depth of the lot between street frontages. Corner lots with only two frontages are exempt from this requirement, however, said corner lots should be platted with enough land area to accommodate the required front setback area along both frontages. b. Double and triple frontage lots where dwellings will have side or rear building facades oriented toward an arterial street shall provide a minimum 20-foot wide landscaped buffer area along the arterial street frontage. The buffer area shall be planted with a mixture of coniferous and deciduous vegetation approved by the City Forester. The vegetation shall be required along with other public improvements for the property. Lots where dwellings will have front building facades oriented toward an arterial street are exempt from this requirement. If a buffer area was required during subdivision, no solid fences will be allowed within this buffer area. This restriction must be noted in the subdivider's agreement and on the plat. On corner lots, the landscaping within the buffer must be planted and maintained to comply with intersection visibility standards. 5. Side lot lines shall approximate right angles to straight street lines or be approximately radial to curved street lines, except where a variation will provide a better street and lot layout. For purposes of this subsection, "approximate right angles" means angles between 80° and 100°. 6. Residential lots shall not be designed with irregular shapes such as a flag or panhandle shape where the structure on the lot may be hidden from the street behind another structure. 7. In residential subdivisions, lots must be arranged to allow easy access to public open space. The subdivision layout should be designed so that the location and access to public open space is readily apparent to the public. Subdivision layouts where public open space is surrounded by private lots that back up to the public open space are discouraged. Techniques, such as single-loaded streets along park edges or along segments of park edges and well-marked trail easements are to be utilized to satisfy this requirement. C. Provisions to Minimize the Effect of Highway Noise Subdivisions adjacent to or within 300 feet of the Interstate 80 and/or the Highway 218 rights of way shall comply with the following provisions, intended to reduce the effect of highway noise on residential areas. 1. Any portion of a residential lot that is within 300 feet of the Interstate 80 or Highway 218 right-of-way shall be identified as a noise buffer, and no residential structure will be permitted within this 300-foot buffer area. The buffer area shall be planted with a mixture of coniferous and deciduous vegetation approved by the City Forester. The vegetation shall be required along with other public improvements for the property. Existing trees and vegetation may be used to comply with this requirement as approved by the City Forester. Accessory structures and yards are permitted within the 300-foot buffer area provided the required vegetative buffer is maintained. 2. The 300-foot buffer for residential structures may be reduced with approval by the City if the subdivider constructs an earthen berm, decorative wall, or other similar 24 Planning and Zoning Commission Recommended Draft May /5, 2008 structure and demonstrates that the highway noise just outside the proposed residential structures will be no more than 60 dBA. 3. The 300-foot buffer for residential structures may also be reduced with approval by the City if the subdivider demonstrates that existing topography results in highway noise being no more than 60 dBA just outside the proposed residential structures. 15-3-5 Neighborhood Open Space Requirements A. Intent and Purpose The Neighborhood Open Space Requirements are intended to ensure provision of adequate usable neighborhood open space, parks and recreation facilities in a manner that is consistent with the Neighborhood Open Space Plan, as amended, by using a fair and reasonably calculable method to equitably apportion the costs of acquiring and/or developing land for those purposes. Active, usable neighborhood open space includes pedestrian/bicycle trails preferably located within natural greenway systems, and also includes neighborhood parks that serve nearby residents. Portions of community parks may be adapted for neighborhood use, but this Chapter is not intended to fund the acquisition of community parks or large playing fields for organized sports. B. Dedication of Land or Payment of Fees In Lieu of Land Required As a condition of approval for residential subdivisions and commercial subdivisions containing residential uses, the applicant shall dedicate land or pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the City and in accordance with the provisions of Article 14-5K, Neighborhood Open Space Requirements 15-3-6 Energy and Communications Distribution Systems A. Extension of energy distribution lines and communication distribution systems necessary to furnish permanent electric service and communication system service to new development within a new subdivision shall be made underground from existing systems according to the provisions set forth in Chapter 16-2, Public Utilities and Use of City Right of Way. B. The applicant shall provide all easements necessary for access to street lights, to allow energy and communication system services for the subdivision, and the easements shall be included as part of the plat of the subdivision. C. In new subdivisions, the electric public utility company shall provide underground wiring to the pole sites for appropriate street lights as determine by the City Manager or designee. A. The subdivider shall provide a complete sanitary sewer system, including stubs, for each lot which shall connect with a sanitary sewer outlet approved by the City Engineer as set forth in Sections 16-3-4, 16-3-5, and 16-3-6 of the City Code. The sanitary sewer in each defined drainage area shall extend to the subdivision boundaries and beyond, as necessary to provide for the extension of the sanitary sewer to adjacent property, as determined by the City. 25 Planning and Zoning Commission Recommended Draft May ! 5, 2008 B. Project specific tap-on fees may apply as set forth in Section 16-3-2, Project Specific Tap- On Fees. C. If City requires a sanitary sewer to be greater in size than that needed to service the subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost- sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. The developer shall provide the subdivision with adequate drains, ditches, culverts, complete bridges, storm sewers, intakes and manholes to provide for the collection, management, and removal of all surface waters as set forth in Chapter 16-3-7, Storm Water Collection, Discharge, and Runoff. These improvements shall extend to the boundaries of the subdivision and beyond, as necessary to provide for extension by adjoining properties, as determined by the City. A. The developer shall provide the subdivision with a complete water main supply system as set forth in Section 16-3-3, Potable Water Use and Service, including hydrants, valves and all other appurtenances, which shall be extended into and through the subdivision to the boundary lines and beyond as may be necessary to provide for extension by adjoining properties, as determined by the City. The system shall provide for a water connection for lots and shall be connected to the City water system. B. If City requires a water main to be greater in size than that needed to service the subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost- sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. ~ •. ~. A. All new residential or commercial developments platted after (the effective date of these regulations) that receive curbside delivery of mail shall have clustered mailboxes, unless an exception is approved by the United States Postal Service. The location of mailbox clusters shall be noted on the plat. B. Mailbox clusters serving residential developments shall be conveniently located for residents. To that end, mailbox clusters should be located within one block or approximately 600 feet walking distance (whichever is less) from any residential properly served by said mailbox cluster. Adjustments to this distance criteria may be approved when there are not enough lots within one block or 600 feet to form a cluster. Mailboxes should be located in a manner that provides safe access for residents, e.g. does not require residents to cross heavily trafficked streets, etc. Driveways shall be allowed no closer than 12 feet from the location of a clustered mailbox as measured along the curb line of the fronting street. Mailboxes must be located in a manner that will not violate the City's intersection visibility standards. Locations and design must be approved by the City and the United States Postal Service. Depending on the size and location of the clustered mailbox, the City may require a vehicular pull-over lane built to City specifications. 26 Planning and Zoning Commission Recommended Draft May I5, 2008 C. Mailbox clusters shall be located on a concrete pad built to City specifications. To provide for pedestrian access, a 5-foot-wide concrete sidewalk shall be provided from the mailbox cluster to the adjacent public street and sidewalk. An accessible route shall be provided according to ADA Standards for Accessible Design. The cost of installation, including but not limited to box units and concrete pad and sidewalk access shall be borne by the developer, and subsequent maintenance shall be carried out by the United States Postal Service. An iron rod meeting specifications of State Code shall be placed as follows: A. At the intersection of all lines forming angles in the boundary of the subdivision. B. At block and lot corners and changes in direction of block and lot boundaries. C. At the beginning and ending points of curves and at lot lines intersecting the curves. 15-3-12 Specifications A. The type of construction, the materials, the methods and standards of subdivision improvements shall be according to City standards. Said standards are on file in the office of the City Engineer. B. Construction plans and specifications, including plans for subdivision erosion control measures, shall be submitted to the City Engineer for approval prior to construction. Construction shall not commence until the City Engineer approves the plans and specifications. C. If the infrastructure and/or grading cannot be designed to comply with City standards a new preliminary plat may be required at the discretion of the City. D. Record of Construction drawings must be submitted in hard copy and in digital form before public improvements will be accepted by the City. .- A. The City Engineer or designee shall inspect the installation of all public improvements in new subdivisions to insure compliance with the requirements. B. The subdivider shall bear the cost of such inspection, which shall be the actual cost of the inspection by the City. C. Grading shall be inspected and certified by the developer's engineer. • A. From time to time off-site public improvements are necessary to enable the subdivision and development of a property. At such times, the subdivider shall be responsible for the extension of infrastructure. If said infrastructure or certain aspects of said infrastructure is included in the City's Capital Improvements Program in a year coincident with the z~ Planning and Zoning Commission Recommended Draft May LS, 2008 development proposal, the City may, at the City's discretion, assume responsibility for the extension of the subject infrastructure. B. Off-site improvements shall be designed and constructed according to plans and specifications approved by the City Engineer and shall be of sufficient size and capacity to serve the full area capable of being served by the type of improvement so that the City will not be required to construct parallel or duplicate facilities. If said infrastructure is greater in size than that needed to service the subdivision itself, the City, at its discretion, may share in the expense thereof. Such cost-sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. za Planning and Zoning Commission Recommended Draft May 1 S, 2008 CHAPTER 1. GENERAL SUBDIVISION PROVISIONS 15-i-1 Short Title This Title shall be known as and may be referred to and cited as the Subdivision Code. This Title is intended to encourage orderly community development and provide for the regulation and control of the extension of public improvements, public services and utilities, the improvement of land and the design of subdivisions consistent with the approved Comprehensive Plan, as amended. 15-1-3 Definitions ALLEY: An open public way intended eniy for use as a seeeRdar~ means of vehicular access to abutting property. BOUNDARY LINE AD]USTMENT: The reconfiguration of the boundary line between abutting tracts, lots or parcels that results in conveyance of less than one thousand (1,000) square feet of land. COMMISSION: The Plannin and Zonin Commission of the city. DEFICIENCY• An error on or omission from plat specifications and/or other suooortino documents required as Dart of the subdivision approval process including, but not limited to: • Missing or mislabeled easements; • Inaccurate measurements; • Missing or inaccurate stormwater calculations; • Mislabeled symbol marki~s in legends; • Inaccurate street cross-sections; • Buildino lots that do not meet minimum zonino standards; • Or similar. DIVISION: Dividing a trail, lot or parcel of land into two (2) portions by conveyance or for tax purposes. A boundary line adjustment or the conveyance of an easement, other than a public highway easement, shall not be considered a division for the purposes of this Title. LOT: A tract of land represented and identified by number or letter designation on an official plat. OFF-SITE COSTS: The reaso<,a;;le costs incurred by a developer in constructing, improving, or otherwise extending public improvements from existing public improvements through or along property not owned by said developer to the boundaries of property under development and which improvement are capable of serving other properties. Planning and Zoning Commission Recommended Drajt May l5, 2008 . , OUTLOT• a portion of a platted subdivision or other parcel of land not intended by its owner for immediate development An outlot ma~also be a tract or parcel of land within the subdivision intended for shared use by the residents of the subdivision or by the public e g~ublic or private open spaces and/or walkways. PARCEL: A part of a tract of land. PUBLIC IMPROVEMENTS: The principal structures, works, component parts and accessories of public infrastructure that become part of, are placed upon or afFxed to real estate including, but not limited to: • Sanitary sewers; • Storm sewers, the lines or pipes and drainage swales; • Bridges and culverts; • Streets, trails and sidewalks; • Water mains; • Storm water management facilities; • Public open space improvements. STREET, ARTERIAL: A street, the principal function of which is to provide for through traffic and which is designed to carry large volumes of traffic. "Arterial streets," as referenced in this Title, are those streets shown on the Johnson County Council of Governments (JCCOG) Arterial Street Plan, as amended. STREET, COLLECTOR: A street, the principal function of which, is carrying traffic from local streets to arterial streets. STREET, CUL-DE-SAC: A local street terminating in a turnaround. STREET, LOCAL: A street used primarily for access to abutting property and for moving local traffic. STREET, LOOP: A local street with two (2) intersections with another street in an alignment roughly in the shape of a "U." STREET: A public or private street as defined in this Title. STREET PRIVATE• A privately-owned way that is intended to afford a means of access to abuttingpropertv and for moving local traffic STREET, PUBLIC: Aright-of-way, dedicated to and accepted for public use, which affords the-prir~eipal-a means of access to abutting property and a means of vehicular travel A public street is owned or controlled by a government entity. SUBDIVISION: Division of a tract lot or parcel of land into three or more lots. SUBDIVISION PLAT• the graphical representation of a subdivision of land, prepared by a registered land surveyor having a number or letter designation for each lot within Planning and Zoning Commission Recommended Draft May 1 S, 2008 the plat and a succinct name or title that is unique for the county where the land is located. SUBDNISION PLAT, MA70R: A subdivision plat that i~eludes involves the construction of one or more new streets, selective access drives or street extensions. SUBDNISION PLAT, MINOR: A subdivision plat that does not involve the construction or extension of streets. ' .~ ~ ~ ~ A. Anx plat or replat of a subdivision of land located within the City under the Code of Iowa, as amended, shall be certified as approved by the Mayor and City Clerk and the certification afFxed to the plat or replat only after approval by a resolution of the City Council as set forth in this Title. B. Pursuant to section 354.9, Code of Iowa, as amended, all subdivisions located within two (2) miles of the City's corporate boundaries shall be subject to City review and approval, except for those areas exempt from such review pursuant to the Johnson County/ Iowa City Fringe Area Agreement. C. Any division of a tract, lot or parcel shall be administratively reviewed and approved by the City Manager or designee for compliance with the Zoning and Subdivision Codes. Prior to recording, a division shall be certified as approved by the City Manager or designee. • •. A. Where a subdivision is required, the City shall not issue a building permit for construction on any lot, parcel or tract unless and until: 1. A final subdivision plat has been approved and recorded; and 2. The City approves subdivision erosion control measures in accordance with this Title; and; 3. The City accepts the public improvements as specified herein, with the exception of sidewalks and stormwater management facilities said exceptions being allowed after building construction has commenced as set forth herein. B. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 10 percent thereof as specified in paragraph 15-2-3C-9. C. No building permit and no certificate of occupancy shall be issued for any division unless such division has been approved as set forth in this Title. 15-1-6 Development Activity Restricted A. No person owner or responsible party shall do anv rq ading in any areas as described in Chapter 17-8 Gradino Ordinance without first obtaining a rq ading permit from the Building_Official. Planning and Zoning Commission Recommended Drajt MaylS, 2008 B. No person owner or res~nsible ~rtv shall do anv orading_in anv areas as described in section 17-8-15 Construction Site Erosion and Sediment Control without first obtainino a Construction Site Runoff (CSR) Permit from the Citv. C. Unless specifically exempted an aQplication for Sensitive Areas Review must be submitted to and approved by the Cityprior to woodland clearing grading or anv development activity on tracts of land or portions of tracts of land where any regulated sensitive features exist as specified in Article 14-5I Sensitive Lands and Features. A Sensitive Areas Review may occur concurrently with Subdivision Review as set forth in this Title. D. No public improvements shall be installed without approval of construction plans by the C~ Enoineer or designee. A. If the subdivider, its assigns or successors in interest, sell or convey lots in a subdivision without constructing or installing the public improvements, the City shall have the right to install and construct such improvements. The costs of such improvements shall be a lien and charge against all the lots in the subdivision under the provisions of the Code of Iowa, as amended, except the cost of installing sidewalks, which shall be a lien only against the lot or lots abutting or in front of which sidewalks are installed. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by State law for assessing such improvements. The requirement to construct such improvements is and shall remain a lien from the date of final plat approval until properly released by the City. B. When required improvements have been installed to the satisfaction of the City, the City will, upon request, promptly issue to the subdivider, for recording in the County Recorder's office, a good and sufficient release to various lots in such subdivisions so that this Section will not constitute a cloud upon the title of the lots in the subdivision. However, with re and to the subdivider's obligation to construct stormwater management facilities, the provisions of paragraphs 1 and 2, below, apply. 1. With respect to a subdivider's obligation to construct stormwater management facilities the Citv shall provide a partial release for the development from anv liens or clouds on title to the development by reason of such stormwater management obligations provided the City Engineer certifies that the following conditions and/or events have occurred: a. The facilities have been substantially completed; b. An escrow amount has been established with the City in an amount approved by the City Engineer to which the City's lien should attach immediately upon execution or recording of the partial release; 2. The City agrees to issue a total release for the facilities upon certification by the City Enoineer in writing that all of the following events and/or conditions have been substantially completed: a. Permanent around cover is established and moveable; b. Erosion and sedimentation are controlled in conformance with the approved plans and specifications; Planning and Zoning Commission Recommended Draft May I5, 2008 c. The facilities are complete; d. All land within the tributary area in the development or a lesser amount of land as aparoved by the Citv Engineer has been developed. 15-1-8 Exceptions A. Modifications of Requirements Upon recommendation of the Planning and Zoning Commission or on its own motion, the City Council may vary, modify or waive the requirements of ^µ~n ,e 6kaper Chapter 3 of this Title Subdivision Desion and Required Improvements provided one of the following oualifvin4 circumstances are met: dtjdeF-the-following ~ea,;,~a.,~ a. If the subdivider can demonstrate that strict compliance with the requirements of "µ'~'~ '" ~` `~~~ `'`~°^'^°-Chanter 3 of this Title would result in extraordinary hardship because of ~apl~ excessive costs due to ~- ~~~; non-self-inflicted conditions; eFand if the subdivider can demonstrate that strict compliance with the requirements of Chanter 3 of this Title would conflict with the objectives of these subdivision regulations; or b. If a subdivider can demonstrate that strict compliance with the requirements of n.+:,.i„ r ,.a F~,•.. rti~.,t„~ Chanter 3 of this Title would result in peer subdivision design that would compromise public health or safety, or could result in the substantial degradation of natural features even after application of appropriate provisions of Article 14-5I Sensitive Lands and Features. 2. City Council may act to vary, modify or waive a requirement only if it finds that the public safe and interest is protected and that such variance, modification, or waiver will not hinder development of neighboring properties and that the variance, modification or waiver will not nullify the intent or purposes of this Title or of other Titles of the City Code. B. Unusual Plats . . ~~ ~~ C. City Council Action The City Council must approve any variance, modification, or waiver of the general requirements set forth in this C~iapte~Title and must note this approval in the resolution approving the final subdivision plat. 15-i-9 Selling Before Approval; Penalties A. Except pursuant to an agreement expressly conditioned on final subdivision approval, it shall be unlawful for any person or persons to agree to transfer or sell or to transfer or sell any land which forms a part of a subdivision requiring City Council approval under this Planning and Zoning Commission Recommended Draft May I5, 2008 Title before City Council grants final subdivision approval. Each such agreement, transfer or sale shall be deemed a separate violation. B. It shall be unlawful for any person or persons to agree to or attempt to transfer or sell, or to transfer or sell any division which requires approval under this Title without first having obtained ~roval by the Citv. Each such attempt, agreement transfer or sale shall be deemed a separate violation. C. In addition to the foregoing, the City may institute injunctive, mandamus or other appropriate action or proceedings to prevent any pending sale or transfer or to prevent any further sale or transfer in violation of this Title. Any violation of this Title shall be considered a simple misdemeanor or Municipal infraction or environmental infraction as provided for in Title 1, Chapter 4 of the City Code and shall be subject to the penalties specified in 1-4-2D except for environmental infractions, which shall be subject to the penalty for same as specified in 1-4-26-2 as amended. Each day that a violation occurs and/or is permitted to exist constitutes a separate offense and civil and/or criminal penalties shall be computed accordingly. Planning and Zoning Commission Recommended Draft May 15, 2008 CHAPTER 2. PLATS AND PLATTING PROCEDURES 15-2-1 Concept Plan A. Applicability Whenever the owner of any tract or parcel of land within the corporate limits of the City or within 2 miles thereof wishes to make a subdivision of the same, the owner or the owner's representative shall submit a concept plan to the Department of Planning and Community Development for review prior to submission of a preliminary plat. TM~ ~~-~~~` "'"' '~'" B. Submission Requirements The conceit plan must include the following information: 1. The proposed layout of streets lots location of stormwater facilities, and open space. 2. General topography based on existing topographic maps or other resources. The property is not required to be surveyed at the concept Ulan stage. 3. Approximate footprints of any existing above-ground man-made features located on the subject property including buildings and other structures streets sidewalks, etc.; 4. Surrounding land uses and approximate location of building footprints on abutting properties; 5. Sensitive features including streams wooded areas known wetlands or potential wetlands, known archeological sites, etc. 6. Other necessary information pertaining to the existing conditions of the property as requested b~he City. C. Review of concept plan 1. Upon receipt of a concept plan the Department of Planning and Communi Development shall review the conceit plan in the context of the standards of this Title other Citv Code requirements and Comprehensive Plan policies and will have the discretion to solicit comments from other city departments. 2. The Department of Planning and Community Development will provide general written comments to the applicant within 20 business days of receipt of the concept plan based on the information submitted by the applicant. These comments are intended to provide guidance to the applicant in preparing the preliminaryplatgnd are not to be construed as comprehensive with re~c and to compliance with the Citv Code. 3. The Preliminary Plat shall not be filed until said. written comments reaarding the concept plan are provided to the applicant. A. Submission Required; Waiver 1. After conferring with the Department of Planning and Community Development on the concept plan, the owner or owner's representative shall submit to the City Clerk Planning and Zoning Commission Recommended Draft May /S, 2008 twelve (12) copies of a preliminary plat for consideration. This submission must 2. The Citv Manager or designee(s) will check the application for accuracy and completeness A "complete application" shall mean the followino: a. A~lat with accurate measurements and dimensions and easements identified; and b. All information as specified in 15-2-2B, below, has been submitted; 3. The applicant will be notified of deficiencies and/or discrepancies or if an application is incomplete If an application is found to be incomplete the CiN will inform the applicant and reserves the right to discontinue staff review until a complete and accurate application is filed. The start date for anv applicable time limitations for the application under review will be the date when a complete application is submitted. 5. The City EeaneA may waive submission of the preliminary plat if the final plat includes all the requirements of the preliminary plat. 6. Plat Specifications and Accompanying Information 1. The preliminary plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); previtle~ however, if the resultant drawing would be larger than 24 inches by 36 inches (24" x 36"), the plat shall be submitted at a scale of one inch to 100 feet (1" _ 100'). In addition, a digital version of the plat must be submitted as per Citv specifications. Each plat must include the following information: a. Legal description, acreage and name of proposed subdivision; b. Namej~ and address es of owner(s~ and subdivider; c. Names of the persons who prepared the plat, owner's attorney, representative or agent, if any, and date of preparation; d. North point and graphic scale; e. Contours at 5-foot intervals or less; t. Locations of existing lot lines, streets, public utilities, water mains, sanitary sewers, storm sewers, drainpipes, culverts, watercourses, bridges, railroads, buildings, storm water detention facilities and any other public improvements in the proposed subdivision. g. The existing streets and City utilities on adjoining properties. h. Layout of proposed blocks (if used) and lots, including the dimensions of each, and the lot and block number in numerical order. For lots where the lot width is different from the lot frontage, the lot width must be indicated on the plat. i. Location of any proposed outlot(s), identified with progressive letter designations, and the purpose of said outlot s clear) specified on the plat. j. Proposed location of clustered mailboxes. Planning and Zoning Commission Recommended Draft May I5, 2008 k. Location and widths, other dimensions and names of the proposed streets, alleys, roads, utility and other easements, parks and other open spaces or reserved areas. Grades of proposed streets and alleys. m. Across-section of the proposed streets showing the roadway locations, the type of curb and gutter, the paving and sidewalks to be installed. n. The proposed layout and size of water mains and sanitary sewers. o. Proposal for drainage of the land, including proposed storm sewers, ditches, swales, bioswales, rain gardens, culverts, bridges, storm water management facilities and other structures. p. A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat. 2. The preliminary plat shall be accompanied by the following information: a. A location map with north Doint showing an outline of the area to be subdivided. b. A grading plan, including~roposed methods for the prevention and control of soil erosion, pursuant to the Grading Ordinance, Chapter 17-8 of the City Code, c. If access to State routes is proposed the Dlat must be submitted to the Iowa Department of Transportation for review. Comments from the Iowa Department of Transportation must be submitted with the proposed plat. e. For properties containino regulated sensitive features as specified in Article 14- 5I of the Citv Code a Sensitive Areas Development Plan must be submitted as set forth in Article 14-5I. C. Fees A fee shall be paid at the time the preliminary plat or any combination of preliminary plats and/or plans is submitted to the City Clerk, in the amount established by resolution of the City Council. D. Review of Plat; Approval or Disapproval 1. Upon filing the preliminary plats as required by this Section, the City Clerk shall forward 11 copies of the preliminary plat to the Department of Planning and Community Development. 2. The Department of Planning and Community Development shall distribute said copies to the appropriate City Departments for review as des~nated by the City Manager. 3. Said designee(s) shall examine the plat and application to insure compliance with the requirements of this Title, other relevant provisions of the Citv Planning and Zoning Commission Recommended Draft May I5, 2008 Code. Comprehensive Plan policies ~teK and with State law. Upon completion of examination, the Department of Planning and Community Development shall forward a written report, including recommendations, to the Planning and Zoning Commission. No plat shall be forwarded to the Plannino and Zoning Commission with more than six (6) deficiencies. 4. Following staff evaluation, the owner or owner's representative must submit ten (10) revised copies of the plat for distribution to the Planning and Zoning Commission. 5. The Commission shall study the revised preliminary plat, review the application of the owner and review the report from the Department of Planning and Community Development 6. The Commission shall recommend approval or disapproval of the the plat within 45 calendar days f the date the Citv receives a complete application, or the preliminary plat shall be deemed to be approved by the Commission. The owner or owner's representative mav, however, agree to an extension of time. 7. After receipt of the recommendation of the Commission or after the time of any extension has passed, the City Council shall, by resolution, approve or disapprove the preliminary plat. E. Effect of Approval Approval of a preliminary plat by the City Council does not constitute approval of the subdivision but merely authorizes the subdivider to proceed with the preparation of the final plat. In the event the City Council approves the preliminary plat and the final plat submitted does not materially and substantially deviate from the preliminary plat and if inspection by the City reveals that all plans and specifications for construction of improvements, as required by the City, have been met, the final plat shall be approved by the City Council . Approval of the preliminary plat shall be effective for a period of 24 months unless, upon written request of the owner or subdivider, the City Council, by resolution, grants an extension of time. If the final plat is not filed with the City Clerk within 24 months, all previous actions of the City Council with respect to the plat shall be deemed null and void. 15-2-3 Final Plat A. Submission Required After approval of a preliminary plat or if the requirement for oreliminaryplat has been submitted to the City Clerk within 24 months of approval of the preliminary plat, unless an extension has been approved by the City Council. This submission must include accurate and complete information as set forth in 15-2-3B and 15-2-3C, below. 2. The Department of Planning and Community Development will check the application for accuracy and completeness A "complete application" shall mean the followino: ~o Planning and Zoning Commission Recommended Draft May 1 S, 2008 a. A final plat with accurate measurements and dimensions, and with easements correctl~dentified; b. An accurate legal description; c. All required legal documents and accompan~o instruments as specified in 15- 2-36 and 15-2-3C, below; d. Construction plans according to the specifications of the Cit~Enoineer• 3. The applicant will be notified of deficiencies and/or discrepancies or if an application is incomplete If an application is found to be incomplete the City will inform the apQlicant and reserves the rioht to discontinue staff review until a complete and accurate application is filed The start date for any applicable time limitations for the application under review will be the date when a complete application is submitted. 4. won approval by the City, a final plat may include only a portion of the development illustrated on the preliminary plat if that portion can function as a separate development, including access and utilities, and if no essential public infrastructure extensions are delayed Whether or not said infrastructure is essential in nature shall be determined by the City. 5. The applicant shall note any variations from the approved preliminary plat Requests for minor changes that do not constitute substantive changes may be approved administratively without requiring an amendment to the preliminary plat. Substantive changes including_but not limited to the layout and location of streets, lots, and outlots changes to the proposed uses of the various lots and outlots, and other similar changes that would result in a substantive change to the character of the subdivision may result in the necessity to file an amended preliminary plat. B. Specifications The final plat shall meet the following specifications: 1. The plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); provided, however, if the resultant drawing would be of larger dimension than 24 inches by 36 inches (24" x 36"), the plat shall be submitted at a scale of one inch to 100 feet (1" _ 100'). 2. Twelve (12) prints of the final plat shall be submitted showing the following information: a. Accurate property boundary lines, with dimensions and bearings or angular dimensions, which provide a land survey of the tract, closing with an error of not more than one foot in 10,000 feet. b. Accurate references to known permanent monuments, giving the bearing and distance from some corner of a lot or block in the City to some corner of the congressional division of which the City or the addition thereto is a part. c. Accurate locations of all existing and recorded streets intersecting the property boundaries of the tract. d. Accurate legal description of the property boundaries. e. Street names and street right-of-way widths. Planning and Zoning Commission Recommended Draft May I5, 2008 f. Complete curve notes for all curves included in the plat. g. Street center lines with accurate dimensions in feet and one-hundredths of feet with bearings or angular dimensions angles to street, alley and lot lines. h. Lot numbers and lot line dimensions. For lots where the lot width is different from the lot frontage the lot width must be indicated on the plat. i. Block numbers, if used. j. Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use. k. Location, type, material and size of all markers. 1. Name and street address of the owner and subdivider. m. Name and street address of owner's or subdivider's attorney, name of persons who prepared the plat and the date of preparation. n. North point, scale and date. o. Certification of the accuracy of the plat by a registered land surveyor of the State. p. Location and width of easements for ~Ae-aRd-Eity utilities. q. Certification by the pablie utility companies that lake-IeeatieR-ef publie utility easements are properly placed for the installation of pablie utilities. r. A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat. s. A note on the plat stating "notes on this plat are not intended to create anv vested private interest in anv stated use restriction or covenant or create anv third party beneficiaries to anv noted use restriction or covenant. 3. The applicant shall submit a digital version of the final subdivision plat as part of the application Drocess Once the plat has been approved by the Citv Council a final c~v of the digital version of the plat shall be submitted to the City Engineerino Department Said final digital copy shall be compatible with the Johnson County as changes in technology occur. C. Accompanying J:nstfw~ents Documents The final plat shall also be accompanied by the following ~~n,~tr~.;,e~,~-documents: 1. Owner's Statement An acknowledged statement from the owner and the owner's spouse, if any, that the subdivision as it appears on the plat is with their free consent and is in accordance with the desires of the proprietor and the proprietor's spouse. This statement may include the dedication to the public. 2. Dedications Dedication of streets and other public property, including perpetual easements for the installation, operation and maintenance of City utilities. ~z Planning and Zoning Commission Recommended Draft May I5, 2008 3. Mortgage Holder's or Lienholder's Statement An acknowledged statement from mortgage holders or lienholders that the plat is prepared with their free consent and in accordance with their desire, as well as a release of mortgage for any areas dedicated to the public. 4. Encumbrance Certificates If there is no consent from the mortgage holders or lienholders as specified in 3, above, and if the land being platted is encumbered in the manner set out in the Code of Iowa, as amended, a certificate shall be filed with the County Recorder showing an encumbrance bond in an amount double the amount of the encumbrance and approved by the Recorder and Clerk of the District Court. The bond shall run to the County for the benefit of the purchasers of the land subdivided. 5. Attorney's Opinion An opinion from an attorney at law showing that the fee title is in the owner and that the land platted is free from encumbrance or if encumbered, listing the encumbrances and the bonds securing the encumbrances. 6. Construction Plans A complete set of construction plans for all public improvements meeting City specifications must be submitted to the City Engineer's Office. 7. County Treasurer's Certificate A certified statement from the County Treasurer that the land being platted is free from taxes. 8. Countv Auditor's Certificate A certified statement from the Countv Auditor approvino of the name or title of the subdivision as succinct and unique to Johnson County. c_'~ ~ ~ _ ___ _ _ ___ _ _ Su iw er s Agreement 9 'C F +L. f"+. C ~~cc., um~ uu qua, a r..,~~..n v, .~.~. ..... Nu ,ir,v speci€eatlens~-er b. An agreement executed by the subdivider which agrees, as a covenant running with the land, that the City shall not issue a building permit for any lot in the subdivision until the subdivider installs the public improvements, except sidewalks, according to plans and specifications approved by the City Engineer and until the City Engineer approves subdivision erosion control measures. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 10 percent thereof in cash or an irrevocable letter of credit payable to the Citv in a form approved by the City Attorney. At the City's discretion, this escrow may be divided by the number of lots in the subdivision and collected on a per lot basis prior to the issuance of a building permit. Subdivider must further agree, as a covenant running with the land, that subdivider will install sidewalks abutting each lot in the subdivision as set forth in this Title, that the obligation to install the sidewalks remains a lien on the lots abutting the sidewalk until released by the City and that, in the event subdivider fails to install the sidewalks, the City may install the sidewalks and assess the total cost against the property without meeting the requirements of notice, benefit or value required by State law for assessing improvements.-ef 13 Planning and Zoning Commission Recommended Draft May I5, 2008 8F d, ,The t subdivider's agreement shall state that the subdivider, including its grantees, assignees and successors in interest, agrees that public services, including but not limited to street maintenance, snow and ice removal and solid waste collection, will not be extended to such subdivision until the pavement is completed and accepted by the City Council by resolution. e. The subdivider's agreement shall state• "Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant or create any third party beneficiaries to any noted use restriction or covenant The City reserves the right in its sole discretion subject to any applicable public notice and approval process required by law to alter or amend anyplat note or to sell or vacate any right-of-way street alley park, easement open area or other land set apart and dedicated for public use within the plat The City further reserves the right upon request of the owner or successor in interest to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and aooroval process required by law." f. The subdivider's agreement may include other conditions peculiar to the subdivision as allowed by law. l0. Iowa Department of Transportation Permits Approved IDOT permits must be submitted if required. D. Review; Approval or Disapproval 1. Upon the filing of the final plat as set forth above, the City Clerk shall submit 11 copies of the final plat and the application to the Department of Planning and Community Development. 2. The Department of Planning and Community Development shall distribute said copies to the appropriate City Departments for review as designated by the Citv Manager; 3. Said designees shall examine the application and the plat, the construction plans, and the legal documents to insure compliance with the requirements of the Citv Code, t!~:.~--m`a'•`~- and-ef State law, and the preliminary r-- ~t. / i i ' 14 Planning and Zoning Commission Recommended Draft May I5, 2008 4. The costs of engineering examination of final plat and construction plans shall be paid by the subdivider and shall be the actual costs of the engineering examination and review as incurred by the City. 7. Upon completion of said review 6err~issien staff shall recommend approval or disapproval of the plat within 45 calendar days a `"''''"" `" "'" `'"" ~'°'~ of the date the Citv received a complete application or the final plat shall be deemed to be approved by the staff 6ernr~issien. The owner or subdivider may, however, agree, in writing, to an extension of time. 8. Following staff evaluation, ,the owner or owner's representative shall submit a digital version, a transparent reproducible copy and 8 prints of the revised final plat with the signatures of the surveyor and the respective utility companies to the City Clerk. 9. After receipt of the recommendation of the ~.;,.n:ss~:. staff or after the time of any extension, the City Council shall, by resolution, approve or disapprove the final plat. The City Council must take action on the final plat within 60 calendar days of t#~e submission of a complete aoolication for a final plat to the City Clerk. If the City Council does not approve or disapprove the plat within 60 calendar days, the final plat shall be deemed approved. The owner or subdivider may, however, agree, in writing, to an extension of time. 15 Planning and Zoning Commission Recommended Draft May 15, 2008 CHAPTER 3. DESIGN STANDARDS AND REQUIRED IMPROVEMENTS 15-3-1 General Requirements A. Design of the subdivision shall comply with the standards of this Chapter, Drovide for the orderly_orowth and development of the Citv demonstrate consistency with the Iowa Citv Comprehensive Plan and any saecific adopted district Dlans and take into consideration the natural features of the site and patterns of adjacent development. B. The subdivider of property shall be responsible for constructing all public improvements associated with the proposed subdivision according to Citv Code, unless exempted from such requirements according to the provisions herein. C. Public improvements as defined in this Title shall be constructed and installed according to the standards established by the City. Conies of said standards are on file in the office of the City Engineer. ~I15-3-2 Streets and Circulation A. Connectivity of Streets, Sidewalks, and Trails Subdivisions shall provide for continuation and extension of arterial, collector and local streets, sidewalks and trails in accordance with the following standards. 1. Arterial streets must be located and extended in general accordance with the JCCOG Arterial Street Plan and Iowa City Comprehensive Plan. 2. All streets sidewalks and trails should connect to other streets, sidewalks, and trails within the development and to the property line to provide for their extension to adjacent properties Each subdivision must contribute to the larger interconnected street pattern of the City to ensure street connectivity between neighborhoods, multiple travel routes resulting in the diffusion and distribution of traffic, efficient routes for public and emergency services, and to Drovide direct and continuous vehicular and pedestrian travel routes to neighborhood destinations. 3. The road system shall be designed to permit the safe, efficient, and orderly movement of vehicular and pedestrian traffic• to meet the needs of the present and future population served• to have a simple and logical pattern and allow that pattern to continue through adjacent properties• and to respect natural features and topography. 4. Use of cul-de-sacs and other roadways with a single Doint of access should be avoided Cul de sacs will be considered where it can be clearly demonstrated that environmental constraints existing development, access limitations along arterial streets or other unusual features prevent the extension of the street to the property line or to interconnect with other streets within or abutting the subdivision. 16 Planning and Zoning Commission Recommended Draft May 1 S, 2008 B. Minimum Access Standards Adequate street access to an area or neighborhood is required as part of subdivision ~proval or prior to the approval of additional subdivision lots. The standards in this subsection are intended as minimum standards in areas where connectivity is limited by t~ographv previous development patterns or other unusual features and shall not be used as a means of circumventing the street connectivity standards set forth m subsection A above The following~uidelines will be used by the City in determining whether additional street access is a prerequisite to additional lots or developable parcels being approved by the Citv. 1. Additional access maybe required if a proposed development will result in anv portion of a street that provides a single means of access to an area being overburdened with traffic Overburdened' shall be defined as a proiected volume which exceeds the midpoint design volume as follows• a. Local street: 500 vehicles per day b. Collector street: 2,500 vehicles per day 2. Projected traffic volumes shall be determined by using the most recent Average Daily Traffic count when available and adding it to proieced traffic generation as determined by the Citv In the absence of a recent traffic count, projected traffic volumes shall be calculated by usingproiected traffic generation for both existing and proposed development. 3. Additional means of access may also be required if anv of the following conditions exist or will exist if additional lots or developable parcels are approved: a. There are physical features that may increase the probability of blockages along adjacent to the roadway with trunk diameter greater than four inches• a grade separated highway; or a railroad. b. development. c. The street which provides a single means of access to the area, is a local or include but are not limited to schools daycare centers and parks. d. uses include but are not limited to adult davcares, facilities serving elderly persons, or persons with disabilities. 4. For a situation requiring additional means of access based on the above criteria, a single means of access may be permitted as a temporary condition. A temporary condition is one in which there is secured written assurance from the private subdivider that the road which will provide the necessary access, will be constructed within three years of development or alternatively said access is scheduled for 17 Planning and Zoning Commission Recommended Draft May I5, 2008 construction no later than the third vear of the then current Capital Improvements Program of the Citv. C. Street Types Table 15-1 Standards for Street Rights-of-Way,_provides a summary of various street types The information in this table is intended to arovide guidance for the design of the street network within a subdivision When designing a subdivision street types should be chosen based on the intended function of the street and anticipated level of traffic. The City will review the proposed streets and determine the appropriate streettvae based on the factors set forth in this section. D. Dedication of Riaht-of-Way Land shall be dedicated to the Citv for all public street rights-of-way within the development and for any public street right-of-way that is needed for streets that abut or will abut the development. E. ~~ ~~ is Alternative Street Designs/Modifications ~~ ~~ Planning and Zoning Commission Recommended Oraf( May /5, 2008 Table 15-1: Standards for Street Ri hts-of-Wa Minimum : Pavement width #Travel Parking Maximum ? Sidewalk Rightof--way Lanes` Grade Width width :' Residential Alle /RearLane -4620 ft. 16 ft. 2 No 12% N/A Commercial :Alley/Rear.Lane : 20 ft. minimum 20 ft., varies 2 No 10°/ N/A / varies Loop Streets 100 ft. 22 ft. I shared Yes, on one 10% 4 ft. ~- minimum / side residential varies' side of street only Low volume Cul de Sac -: 50 (t. 22 Ct. 1 shared Yes. on one 10% 4 ft. both side sides Cul de sac 60 ft. 26 or 28 fr 2 Ycs 10% 5 fi. both sides Local Residential Street '. 30 60 fi. 26 or 28 ft. 2 Yes 12% 5 ft. both sides ):.d'cal Commercial/Iridusfrial `: 39 60 ft. 28 R 2 Yes 8% 5 ft. both Street -,y,;.. ` sides Collector Street (all land uses);'. 69 66 ft. 31 ft. 2 Yes 10% for 5 ft. both residential; sides r 8 % for „, commercial or industrial Collector Street w/ bike IaneS;J: 66 ft. 34 ft. 2 No 8% 5 ft. both `- ~ - sides 2-lane Arterial Stre~f t', y, P~. 894t: 100 ft. $$ 31 ft. 2 No 8% 8 ft. one '~ minimum side / 5 ft. one side Ar'ter'ial Streetw/bike lanes""".:~ 100 R. 34 ft. 2 No 8% 8 fr. one '. minimum side / 5 tt. t ~s. `~" one side 4=lane ArterialStreet `"' 100 ft. 54 ft./varies 4 No 8% 8 ft. one ry' ~' minimum deoendine if side/5 fi. "~ - median is included one side Arterial Street w/ parking :. 100 ft. varies, based on 2 Yes 8% 8 fr. one ;~ <r> ~ ~ -'. minimum; more number of lanes side / 5 ft. :- may be repaired and whether one side ;; t i ~. _dependine on parkine is parallel ar~S or aneled. "'.w". t, .;:; confi uration 3-lane Arterial Street ? 100 Ct. 46 fi. /varies 3 No 8% 8 fi. one -' minimum dependin¢ if side / 5 fi. median is included one side Loop streets provide access for 12 or fewer dwellines ~ Low volume cal-de-sacs provide access to 10 or fewer sinelc family dwellines 'For resideptial streets with less than 28 feet of avemenr width arkin is restricted to one side. 19 Planning and Zoning Commission Recommended Draf! May 15, 2008 ~t e`,. ..Il~r~aiccv -, ° 1. II L. A7 F F 1. F F aL... -:.. L.r ..F ...•... TL..... •% .Jal. c .,a L.-..•a C.. a.......L.a...• .. ....L. L.a F. Measurements and Construction Standards 1. All right-of-wadimprovements must be designed and constructed according to the design and construction standards established by the City. Said standards are on file in the office of the Citv Engineer. , 2. All street widths shall be measured back-of-curb to back-of-curb. 3. The minimum outside radius of the pavement of cul-de-sac bulbs and loon streets is 39 feet A center median is required at the center of the cul-de-sac bulb with a minimum radius of 11 feet For loop streets a median is also required with a minimum width of 30 feet. In residential areas, center medians for cul-de-sacs and loop streets are required to be landscaped to at least the Sl standard as described in Article 14-5F Screening and Buffering Standards The subdivider's agreement shall designate and set forth procedures for property owners or a homeowner's association to maintain the landscaped area within the center median of loop streets and cul-de- sacs Said instrument shall provide that if said services are not provided as required zo Planning and Zoning Commission Recommended Draft May /5, 2008 therein the City shall have the rioht to ~rform said services, and the cost thereof shall be a lien and charge aoainst all of the subject lots. G. Street Intersections 1. A maximum of four legs are allowed at any one intersection. T'`""'`~^"' "` """ 2. ~^^~ -°'~~~ `~~~ "~'^^`'~~" ;~ u~~;d:.d. The distance between street intersections must be at least 125 feet centerline to centerline. 3. Intersections of street center lines shall be between 80° and 100°. 4. Corner lots abutting on an arterial or collector street shall have a minimum radius of fifteen feet (15') at the intersection. 5. Dead end streets and alleys are not permitted except at subdivision boundaries abuttin ep undeveloped areas In such cases a temoorar~fire-apparatus accommodating turn-around may be required and if required must be constructed to City specifications. H. Traffic Calming Features 1. The street network block length and layout of lots should be designed in a manner that discourages speeding traffic and unsafe driving behavior 2. require traffic calming features to be designed into the subdivision. These features may include but are not limited to discontinuous streets, curb extensions, raised crosswalks, medians, or traffic circles. I. Street Names The Citv reserves the right to deny the use of street names that are not in the public interest Street names must be consistent with the following standards, unless an exception is approved by the Citv: 1. In order to ensure safe an efficient provision of public and emergency services each proposed street name shall be distinct from other street names within the larger metropolitan area; 2. Street names that are overl~engthy difficult to pronounce, or that may be considered inappropriate or unappealing shall be avoided• 3. For new streets, the following rules apply: a. The term "street "should be used for anon-dead-end roadway alioned in a north-south direction. b. The term "avenue" should be used for anon-dead-end roadway aligned in an east-west direction; c. The term "boulevard," "road," or "drive" may be used for a roadway that is alioned neither in a north-south nor east-west direction but which chances direction or meanders; d. The terms "lane," "court," or "circle," or "place" should be used for cul de sacs or low volume loop streets. 21 Planning and Zoning Commission Recommended Draft May I5, 2008 4. Cul de sacs or low volume loon streets may use the same name as the roadway with which it intersects For example a cul de sac that intersects with Rose Avenue may be named "Rose Court "However if more than one cul-de-sac or loop street intersects with Rose Avenue an additional "Rose" name may not be used. 5. Similar names may not be used for streets that are in different locations within the city For example the name "Rose Drive "may not be used in one neiohborhood, if there is already a "Rose Avenue" in a different neighborhood. ). Private Streets 1. Private streets in single family residential areas are not allowed. Z. Requests for private streets in multi-family commercial and industrial areas will be considered provided that connectivity to adjacent properties is not needed and the responsibilities for maintenance snow removal oarbage service and street sweepino is clearly established according to the provisions of paraoraph 3 below 3. If private streets are approved the subdivider must submit a legally bindino instrument settino forth the ~ocedures to be followed for maintaining private streets and providingyarbage service snow removal street sweeping, and for financino these services Such costs shall be shared by all owners of property located within the subdivision or designated portion thereof through the use of an owners association or other entity satisfactory to the Citv Said instrument shall provide that if said services are not provided as reouired therein the City shall have the rioht to perform said services and the cost thereof shall be a lien and charge against all of the owners of lots so designated in the subdivision. K. Cost sharing for pavement overwidth In the event arterial or collector streets are required in a subdivision, the City shall pay for the excess pavement required over that required fora 28-foot wide local street. The City Engineer shall calculate the excess cost. Such cost-sharing shall be according to the procedure set forth by the City Manager. Anv payment for pavement overwidth by the Citv shall be pursuant to State law. L. Cost sharing for street upgrades i. At the discretion of the City subdivisions may be approved that access existingpublic the future reconstruction cost of bringing the seoment of the subject street that abuts the subject property to Citv standards When determining whether such an approval will be granted the Citv will evaluate the street based on factors such as roadway surface sight distance anticipated traffic levels and pedestrian/bicycle facilities If the Citypermits a development to access a street that does not meet City standards, the subdivider shall contribute to the cost as follows: a. Local Streets Local streets are streets that serve. as_access to property and carry insignificant amounts of through traffic Therefore the subdivider shall pay 100% of the cost of uporading a local street to City standards for that segment of the street that abuts the subject property If the subdivider controls land on only one side of a local street they will be required to contribute 50% of the cost of upgrading the subject street segment to Citv standards The Citv will expect the zz Planning and Zoning Commission Recommended Draft May 15, 2008 subdivider of property on the other side of the street to contribute the other 50% of the costs at such time as that land is subdivided/developed. Costs to reconstruct the street will be determined by the City Enoineer. b. Collector Streets Collector streets are streets that collect traffic from a subdivision or neighborhood and direct it to and from the arterial street. The function of a collector street is 50% access to property and 50% through traffic Therefore, the subdivider will be required to contribute 50% of the cost to upgrade a collector street to City standards for that segment of the street that abuts the subject property with the City contributino the other 50%. If a subdivider controls land on only one side of the collector street they will be reouired to contribute 25% of the total cost for the subject street segment. The Citv will expect the subdivider on the other side of the collector street to contribute the other 25% of the cost at such time as that land is subdivided/developed. Costs to reconstruct the street to City standards will be determined by the Citv Enoineer. c. Arterial Streets property and 75% throuoh traffic Therefore the subdivider will be reouired to contribute 25% of the cost to upgrade an arterial street to City standards for that segment of the street that abuts the subject property with the Citv contributing the other 75% If a subdivider controls land on only one side of the arterial street they will be reouired to contribute 12.5% of the total cost of the subLct street segment The Citv will expect the subdivider on the other side of the arterial street to contribute the other 12.5% of the cost at such time as that land is subdivided/developed Costs to reconstruct the street to City standards will be determined by the City Engineer. ~- ~ ~-~- Public sidewalks trails and pedestrian connections shall be constructed in the public right-of- way according to the following standards: A. Sidewalks trails and ~destrian connections shall be constructed according to City standards Said standards are on file in the Office of the Citv Enoineer. B. . Five-foot-wide concrete sidewalks must be constructed alono both sides of all local and collector streets except for connections to existino sidewalks as C. Along arterial streets a five-foot sidewalk is required on one side of the street and an 8- foot sidewalk on the other side except as allowed in subsection D, below. The Citv will determine on which side of the street the 8-foot sidewalk will be placed. When an 8-foot sidewalk is required the City at its discretion will either pay for the excess pavement reauired for the developer to install an 8-foot sidewalk rather than 5-foot sidewalk, or collect the estimated cost of the 5-foot sidewalk from the developer and apply said cost to 23 Planning and Zoning Commission Recommended Draft May I5, 2008 construction of an 8-foot sidewalk by the Citv. Anv payment of excess pavement costs by the City shall be pursuant to State law. D. In cases where the proposed sidewalk provides a connection between existing sidewalks that are less than the required width the ~oposed sidewalk may be constructed to match the width of the adjacent sidewalks However this modification is not allowed in cases where one end of the proposed sidewalk will provide a connection to future sidewalks for new development In such a case the sidewalk should be tapered to provide a transition E. All sidewalks and trails must connect to other sidewalks and trails within the development and to the property line to provide for their extension to adjacent properties. F. The subdivider will be responsible for the construction of a public sidewalk along the frontage of other outlots as necessary for a continuous sidewalk system to be created. G. « .a «~„ ,. ,_~~.,. _..., ,,,.a•,..,«„ «~.,.... «,. «~„ ,.:.. ; In residential subdivisions, blocks longer than 600 feet must have mid-block pedestrian connections between adjacent streets unless said connection is deemed to be unnecessary and is waived by the Citv. At the time of subdivision these connections must be platted as minimum 15-foot-wide easements• if the connecting sidewalk is greater than 5 feet in width the easement must be at least 20-feet wide. Within this easement a sidewalk must be constructed to Citv standards that is equal in width to the sidewalks to which it provides a connection. If the mid-block sidewalk connects to sidewalks of two different widths, the mid-block sidewalk must be equal in width to the wider sidewalk. The area and sidewalk within the pedestrian H. Where a trail extension as identified in the Comprehensive Plan or an adopted trails plan, as a public improvement Dedication of land for a trail extension shall count toward the omen space requirement for the development provided said land is consistent with the standards for open space as set forth in Article 14-5K of the City Code and provided said land dedication is acceptable to the City. 15-3-4 Layout of Blocks and Lots A. Blocks 1. Blocks should be limited in size and be laid out in a pattern that ensures the connectivity of streets provides for efficient provision of public and safety services and establishes efficient and logical routes between residences and non-residential destinations and publicgathering places. 24 Planning and Zoning Commission Recommended Draft May 15, 2008 2. ~~ ~ 'a ~ ~ ~ ~~ «~-~ "^ °~^*. To provide multiple travel routes within and between neighborhoods block faces along local and collector streets should range between 300 and 600 feet in length and for residential subdivisions have a width sufficient to accommodate two tiers of lots Longer block faces may be allowed in cases of large lot commercial industrial or rural residential development, or where above) Block faces are measured from centerline to centerline. 3. Block faces along arterial streets should be at least 600 feet in lenoth. Interseding collector streets should be spaced in a manner that provides adequate connectivity between neighborhoods but also maintains the capacity of the street for the safe outweigh the connectivity between areas of development. The Citv may approve shorter block faces in high density commercial areas or other areas with hioh pedestrian counts. 4. Cul de sacs may not exceed 900 feet in length. The length of a cul-de-sac is measured from the center line of the street from which it commences to the center of the fork-afeand bulb. B. Lots 1. Lots must be platted in a manner that will allow development that meets all requirements of Title 14• Zoning Lots must be of sufficient size to accommodate an adequate buildable area and area for required setbacks, off-street parking, and service facilities required by the tyge of use and development anticipated 2. Lots with multiple frontages must be platted large enough to accommodate front setback requirements along street-side lot lines 3. If a property with frontage along an arterial street is proposed to be subdivided developed or redeveloped for any Multi-Family. Group Living, Commercial, Institutional or Industrial Use across-access easement must be provided by the property owner to all adjoining properties that front on the same arterial street that are or may be developed as Multi-Family, Group Living, Commercial, Institutional Use or Industrial Uses according to the cross access standards set forth in section 14-5C-7 of the City Code. 4. In residential areas, double- and triple-frontage lots shall be avoidedin . Where such lots are necessary to overcome specific disadvantages of to~ographv land features or access restrictions, the following standards apply: a. Lots with multiple frontages shall be 125% of the required lot area for the zone in which the lot is located. The additional required lot area shall be used to increase the depth of the lot between street frontages. Corner lofs with only two frontages are exempt from this requirement however said corner lots should be platted with enough land area to accommodate the required front setback area along both frontages. zs Planning and Zoning Commission Recommended Draft May i5, 2008 b. landscaped buffer area along the arterial street frontage. The buffer area shall be planted with a mixture of coniferous and deciduous vegetation approved by the City Forester The vegetation shall be required along_with other public i~rovements for the property Lots where dwellings will have front buildinq facades oriented toward an arterial street are exempt from this requirement. If a buffer area was required during subdivision no solid fences will be allowed within this buffer area. This restriction must be noted in the subdivider's agreement and on the plat On corner lots the landscaping within the buffer must be planted and maintained to comply with intersection visibility standards. 5. Side lot lines shall approximate right angles to straight street lines afld-radialangles tE- or be approximately radial to curved street lines, except where a variation will provide a better street and lot layout. For purposes of this subsection, "approximate right angles" means angles between 80~ and 100. 6. Residential lots shall not be designed with irregular shapes such as a flag or Qanhandle shape where the structure on the lot may be hidden from the street behind another structure. 7. In residential subdivisions lots must be arranged to allow easy access to public open public open space is readily apparent to the public Subdivision layouts where public open space is surrounded byprivate lots that back up to the public open space are discouraged Techniques such as single-loaded streets along park edges or along segments of Dark edges and well-marked trail easements are to be utilized to satisfy this requirement. C. Provisions to Minimize the Effect of Highway Noise Subdivisions adjacent to or within 300 feet of the Interstate 80 and/or the Highway 218 rights of way shall comply with the following provisions intended to reduce the effect of highway noise on residential areas. 1. be permitted within this 300-foot buffer area. The buffer area shall be planted with a mixture of coniferous and deciduous vegetation approved by the City Forester. The vegetation shall be required along with other public improvements for the property Existing trees and vegetation may be used to comply with this requirement as approved by the City Forester. Accessory structures and yards are permitted within the 300-foot buffer area provided the reouired vegetative buffer is maintained. 2. The 300-foot buffer for residential structures may be reduced with approval by the City if the subdivider constructs an earthen berm, decorative wall, or other similar 26 Planning and Zoning Commission Recommended Draft May l5, 2008 3. The 300-foot buffer for residential structures may also be reduced with approval by the City if the subdivider demonstrates that existino topography results in highway noise being no more than 60 dBA just outside the proposed residential structures. 15-3-5 Neighborhood Open Space Requirements A. Intent and Purpose The Neighborhood Open Space Requirements are intended to ensure provision of adequate usable neighborhood open space, parks and recreation facilities in a manner that is consistent with the Neighborhood Open Space Plan, as amended, by using a fair and reasonably calculable method to equitably apportion the costs of acquiring and/or developing land for those purposes. Active, usable neighborhood open space includes pedestrian/bicycle trails preferably located within natural greenway systems, and also includes neighborhood parks that serve nearby residents. Portions of community parks may be adapted for neighborhood use, but this Chapter is not intended to fund the acquisition of community parks or large playing fields for organized sports. WHile-this ..,~ wwn. ~....y. ~ ......r... ~ ..r ......... ............ i i B. Dedication of Land or Payment of Fees In Lieu of Land Required As a condition of approval for residential subdivisions and commercial subdivisions containing residential uses, the applicant shall dedicate land or pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the City and in accordance with the provisions of Article 14-5K, Neighborhood Open Space Requirements 15-3-6 °'~~~.: Eneruy and Communications Distribution Systems A. Extension of enerov distribution lines and communication distribution systems necessary to furnish permanent electric service and communication system service to new development within a new subdivision shall be made underoround from existing systems accordino to the provisions set forth in Chapter 16-2 Public Utilities and Use of City Right of Wav. B. The applicant shall provide all easements necessary for access to street lights, to allow energy and communication system services for the subdivision and the easements shall be included as part of the plat of the subdivision. C. In new subdivisions the electric public utility company shall provide underground wiring to the pole sites for appropriate street liohts as determine by the Citv Manager or designee A. The subdivider shall provide a complete sanitary sewer system, including stubs, for each lot which shall connect with a sanitary sewer outlet approved by the City Engineer as set forth in Sections 16-3-4, 16-3-5, and 16-3-6 of the City Code. The sanitary sewer in each defined drainage area shall extend to the subdivision boundaries and beyond, as necessary to provide for the extension of the sanitary sewer to adjacent property, as determined by the Ci z~ Planning and Zoning Commission Recommended Draft May I5, 2008 B. Project specific tap-on fees may apply as set forth in Section 16-3-2, Proiect Specific TaD- On Fees. C. . The ,~ , . If City requires a sanitary sewer to be greater in size than that needed to service the subdivision itself the Citv may share in the expense thereof on a pro rata basis Such cost-sharing shall be according to the procedure set forth bathe City Manaoer Any payment of excess costs by the City shall be pursuant to State law. A. The developer shall provide the subdivision with adequate drains, ditches, culverts, complete bridges, storm sewers, intakes and manholes to provide for the collection, management, and removal of all surface waters as set forth in Chapter 16-3-7, Storm Water Collection, Discharge, and Runoff. These improvements shall extend to the boundaries of the subdivision and beyond, as necessary seas to provide for extension by adjoining properties as determined by the Citv. B. . the ,~ , A. The developer shall provide the subdivision with a complete water main supply system as set forth in Section 16-3-3, Potable Water Use and Service, including hydrants, valves and all other appurtenances, which shall be extended into and through the subdivision to the boundary lines and beyond as may be necessary to provide for extension by adioinino properties, as determined by the City. The system shall provide for a water connection for lots and shall be connected to the City water system. B. If City requires a water main to be greater in size than that needed to service the subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost- sharing shall be accordino to the procedure set forth by the City Mana eq r Anypavment of excess costs by the City shall be pursuant to State law. za Planning and Zoning Commission Recommended Draft May I5, 2008 1 ~ i~ A. All new residential or commercial developments platted after (the effective date of these regulations) that receive curbside delivery of mail shall have clustered mailboxes, unless an exception is aooroved by the United States Postal Service. The location of mailbox clusters shall be noted on the Dlat. B. Mailbox clusters serving residential developments shall be conveniently located for residents. To that end mailbox clusters should be located within one block or approximately 600 feet walking distance (whichever is less) from any residential property served by said mailbox cluster Adjustments to this distance criteria may be aooroved when there are not enough lots within one block or 600 feet to form a cluster. Mailboxes should be located in a manner that provides safe access for residents, e.g. does not require residents to cross heavily trafficked streets etc Driveways shall be allowed no closer than 12 feet from the location of a clustered mailbox as measured along the curb line of the fronting street Mailboxes must be located in a manner that will not violate the City's intersection visibility standards Locations and design must be approved by the Citv and the United States Postal Service Depending on the size and location of the clustered mailbox the Citv may require a vehicular pull-over lane built to Citv specifications. C. Mailbox clusters shall be located on a concrete pad built to Citv specifications. To provide for pedestrian access a 5-foot-wide concrete sidewalk shall be provided from the mailbox cluster to the adjacent public street and sidewalk An accessible route shall be provided according to ADA Standards for Accessible Design The cost of installation including but not limited to box units and concrete pad and sidewalk access shall be borne by the developer and subsequent maintenance shall be carried out by the United States Postal Service. An iron rod ' '' ''"'f °""~ '" "~'~'""~"" """~ '" '""''"`,°°g meeting specifcations of State Code shall be placed as follows: A. At the intersection of all lines forming angles in the boundary of the subdivision. B. At block and lot corners and changes in direction of block and lot boundaries. C. At the beginning and ending points of curves and at lot lines intersecting the curves. ~- A. The type of construction, the materials, the methods and standards of subdivision improvements shall be according to C~ standards. ERgifleer. Said standards are on file in the office of the City En iq Weer. B. Construction plans and specifications, including~lans for subdivision erosion control measures, shall be submitted to the City Engineer for approval prior to construction. Plans . Construction shall not be started- commence until the City Engineer approves the plans and specifications. C. If the infrastructure and/or grading cannot be designed to comply with City standards a new preliminary plat may be required at the discretion of the Citv. 29 Planning and Zoning Commission Recommended Drajt May I5, 2008 D. Record of Construction drawinos must be submitted in hard copy and in dioital form before public improvements will be accepted by the City. 15-3-13 Inspections A. The City Engineer or designee shall inspect the installation of all public improvements in new subdivisions to insure compliance with the requirements. B. The subdivider shall bear the cost of such inspection, which shall be the actual cost of the inspection of ~ the City. C. Grading shall be inspected and certified by the developer's enoineer. A. From time to time off-site public improvements are necessary to enable the subdivision and development of a property At such times the subdivider shall be responsible for the extension of infrastructure If said infrastructure or certain aspects of said infrastructure is included in the Citv's Capital Improvements Program in a mar coincident with the development proposal the City may at the City's discretion, assume responsibility for the extension of the subject infrastructure. ,~ C. Off-site improvements shall be designed and constructed according to plans and specifications approved by the City Engineer and shall be of sufficient size and capacity to serve the full area capable of being served by the type of improvement so that the City will not be required to construct parallel or duplicate facilities. If said infrastructure is greater in size than that needed to service the subdivision itself, the City, at its discretion, may State law. ~, 30 Planning and Zoning Commission Recommended Draft May I5, 2008 i i i i i ~-r ~'~v~°c~'ra~2c i ' , n~ i i . ~ i i ~ i i i M~ ~ e. . _ ~.. _.. _,.a.. ~•.. ~ . 31 Planning and Zoning Commission Recommended Drajt May /5, 2008 i J. ~e REkr. 32 Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ08-00003) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 10.08 ACRES OF LAND LOCATED NORTH OF HIGHWAY 6, EAST OF SCOTT BOULEVARD, AND WEST OF COMMERCE DRIVE FROM INTENSIVE COMMERCIAL (CI-1) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE. (REZOS- 00003) WHEREAS, Streb Investment Partnership, L.C., has applied for a rezoning of approximately 10.08 acres of property from Intensive Commercial (CI-1) Zone to Community Commercial (CC-2) Zone; and WHEREAS, said property is located north of Highway 6, east of Scott Boulevard, and west of Commerce Drive; and WHEREAS, the Comprehensive Plan identifies this area at the intersection of Highway 6 and Scott Boulevard as appropriate for general commercial uses; and WHEREAS, the applicant has agreed to comply with the terms of the 1997 conditional zoning agreement regarding this property, notwithstanding the rezoning to Community Commercial; and WHEREAS, other owners of portions of the subject property, namely Fareway Stores, Inc. and Hawkeye Oil Company have indicated their support for the rezoning and agreed to the terms of the attached conditional zoning agreement; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan, provided that it meets certain conditions that will ensure appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the applicant and other owners have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement, attached hereto, to ensure appropriate development along this entryway into the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. APPROVAL. The property described below is hereby reclassified from Intensive Commercial (CI-1) Zone to Community Commercial (CC-2) Zone: LOTS 16 THROUGH 24, ALL OF SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANE WITH THE PLAT THEREOF RECORDED IN BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 10.08 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 2 Passed and approved this _ day of , 20- MAYOR ATTEST: CITY CLERK Approved b/~y City Attorney's Office ~/,~~~,~ ppdad m/ord/REZOS-00020. doc Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZO -00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT 's made between the City of Iowa City, to a, a municipal corporation (hereinafter "Cit '), and Streb Investment Partnership, L.C., Ha eye Oil Company, and Fareway Stores, Inc. (he einafter "Owners"). WHEREAS, Owners a the legal title holders of approximately 0.08 acres of property located north of Highway 6, a st of Scott Boulevard, and west of Cot~imerce Drive (hereinafter "Property'); and ` WHEREAS, Streb Invest ent Partnership, L.C. has requested that these 10.08 acres be rezoned from Intensive Commerci (CI-1) to Community Commercial (CC-2); and WHEREAS, the Comprehe ive Plan identifies this area at the intersection of Highway 6 and Scott Boulevard as appropriate f general commercial,tases; and WHEREAS, the applicant ac owledges that this 10.08 acres was subject to a 1997 Conditional Zoning Agreement, and tha the City wishes to continue to impose certain obligations contained therein upon the Owners, not ithstanding the rezoning of the property to Community Commercial; and WHEREAS, Fareway Stores, Inc. a for the rezoning; and WHEREAS, the Planning and Zon and determined that it complies with the conditions that will ensure appropl important entryway into Iowa City; ar WHEREAS, Iowa Code §4 reasonable conditions on granti Oil Company have indicated their support Commission has reviewed the proposed rezoning ~prehensive Plan, provided that it meets certain I ment of orooerties along Scott Boulevard, an 9.5 (2007) an applic~ regulations, in order to satisfy p lic needs directly WHEREAS, the Owner acknowledge and are reasonable and necessa to ensure that the c ides that the City of Iowa City may impose rezoning request, over and above existing ;aused by the requested change; and ~9ree that certain conditions and restrictions ;J~elopment of the Property is consistent with the Comprehensive Plan nd to ensure appropria a site and Boulevard, an arterial stre t and important entryway in Iowa City; WHEREAS, to tisfy public needs directly c used by Owners agree to dev op the Property in accordance with the Conditional Zoning A Bement. building design along Scott and the requested rezoning, the terms and conditions of this NOW, TH~EFORE, in consideration of the mutt~l promises contained herein, the parties agree as f Ilows: \ 1. Streb I estment Partnership, L.C., is the legal title older of the Property legally describ d as follows: LOT 19 THROUGH 24, ALL OF SCOTT-SIX INDUSTR L PARK, IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH E PLAT THEREOF RECORDED IN BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 3.48 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. Hawkeye Oil Company is the legal title holder of the Property legally described as follows: pptlatlMagVCZa rez08-00003 socu six tloc LOT 16 OF SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.94 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ~ 3. Fareway Stores, Inc. is the legal tiile holder of the Property legally described as follows: LOTS 17 AND 18, ALL OF S OTT-SIX INDUSTRIAL PARK, OWA CITY, JOHNSON COUNTY, IOWA IN ACCORD NCE WITH THE PLATT REOF RECORDED IN BOOK 38 AT PAGE 137, O THE RECORDS OF SHE JOHNSON COUNTY RECORDER'S OFFICE, CONTAIN G 3.66 ACRES, AN[;1 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 4. The Owners acknowledge and agree that, as a corgponent of the requested rezoning, the City wishes to ensure conformanc with the yrinciples of the Comprehensive Plan and applicable provisions of the origin I conditional zoning agreement established for these properties in 1997, such that t dev~opment of individual lots along Scott Boulevard occur in a manner appropriate for,R~iis entryway into the community. Further, the parties acknowledge and agree that I Code §414.5 (2007) provides that the City of Iowa City may impose reasonable c ditions on granting an applicant's rezoning request, over and above the existing re~gtala 'ons, in order to satisfy public needs directly caused by the requested zoning. 5. In consideration of the City's r oning th subject Property, Owners agree that development of the subject grope y will confo to all other requirements of the zoning and subdivision ordinances, as ell as the folio ng additional conditions: a) As each lot subject to th~ rezoning is Bevel ed or redeveloped, public sidewalks shall be installed by the caner/developer accor ing to City specifications; b) On all lots with fron ge on Scott Boulevard o Highway 6, all building elevations visible from Scott ulevard or Highway 6 shall be primarily masonry, which may include fired brick, tone, or similar material, and essed concrete block and stucco or like material hen used in combination with o er masonry finish. Alternative buildings mate als, such as architectural metals or other materials used for decorative tre ment may be substituted if the Direct r of Planning and Community Development determines that the use of such other m terials satisfies the intent of this agreem nt. All elevations visible from Scott Boul vard shall have a finished face. Roo p mechanical equipment shall be screened; `` c) Loading~ocks and receiving areas, garbage dumpsters, outdoor storage areas, mechani al equipment and other service areas and functions typically associated with the rear of buildings shall not be located in front of or along any building wall facing 'Scott Boulevard. When located elsewhere on a lot and visible from Scott Boulevard, these items shall be screened from view with landscaping or a combination of fencing and landscaping, as approved by the City; d) Landscape beds a minimum of 5 feet in width shall be provided along at least 50% of building elevations facing Scott Boulevard, and shall be planted with a variety of evergreen and deciduous shrubbery. A landscaping plan to that effect shall be pptlatlmlagUcza rez08-00003 socU six tloc submitted to the City during site plan review; and e) Freestanding signs within the development shall be limited to one located at each vehicular access point from an arterial street. Individual development lots within the development may provide monument, fascia, or other signs s permitted by the City's sign regulations on a lot-by-lot basis, but shall n provide additional freestanding signs beyond that specified above. If signs are be lighted, they shall be internally illuminated and in c pliance with the City's si regulations; 4. The Owners and City acknowledge nd agree that the co itions contained herein are reasonable and necessary additions conditions to impose n the land under Iowa Code §414.5 (2007), and that said additio al conditions are i posed to satisfy public needs that are directly caused by the reques ed zoning chan 5. The Owners and City acknowledge a d agree th in the event the subject Property is transferred, sold, redeveloped, or ubdivide all redevelopment, divisions, and subdivisions will conform to the terms o this Conditional Zoning Agreement. 6. The parties acknowledge and agree th t this Conditional Zoning Agreement shall be deemed to be a covenant running with eland and with title to the land, and shall remain in full force and effect, unless oru til released of record by the City of Iowa City. The parties further acknowledge that this a reement shall inure to the benefit of and bind all successors, representatives, and assign of the parties. 7. The Owners acknowledge and agree that n thing in this Conditional Zoning Agreement shall be construed to relieve the Owners fro complying with all other applicable local, state, and federal regulations. 8. The parties acknowledge and agree that this onditional Zoning Agreement shall be incorporated by reference into the ordinance r zoning the subject Property, and that upon adoption and publication of the ordinance, is agreement shall be recorded in the Johnson County Recorder's Office at the Applican s expense. Dated this day of CITY OF IOWA CITY :' Regenia Bailey, M or Attest: 2008. Streb Inves~ menfPartnership, L.C. By: Fareway Stores, Marian K. Karr`, City Clerk i Appro~d by: City Attorney's Office ~~2i~~ By: Hawkeye Oil Company By: pptlatlMagtl¢a rezOB-00003 socV six.tloc CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of _~ undersigned, a notary public in and for the Sta Marian K. Karr, to me personally known, who Mayor and City Clerk, respectively, of said foregoing instrument; that the seal affixed the said instrument was signed and sealed on bel City Council; and that the said Mayor and C execution of said instrument to be the volunt~ them voluntarily executed. A.D. 2 8, before me, the of Iowa, personally appe ed Regenia Bailey and Being by me duly sworn, id say that they are the municipal corporation executing the within and ;to is the seal of sai municipal corporation; that If of said municip corporation by authority of its Clerk as such officers acknowledged that the act and dee of said corporation, by it and by LIMITED LIABILITY COMPANY Notary Pubic in and for the State of Iowa My co ~ sion expires: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of , A.D. 2008, before m the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, di say that he or she is (title) of the Stre Investment Partnership, L.C., and that said instrument wa signed on behalf of the said limited li bility company by authority of its managers and the sai acknowle ged the execution of said instrument to be the vol tary act and deed of said limited liabilit company by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: pptladmlagVCZa rezOB-00003 socV six.tloc 4 CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of Notary Public in and for the State of Iowa, _, A. D. 2008, sally appeared known, who, t before,(ne, the undersigned, a and , to me per; that they are the (title) executing the within and foregoing instrume signed on behalf of said corporation by aforementioned officer(s) acknowledge the and deed of said corporation, by it and by of CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of _ _ Notary Public in and for the State of Iowa, personally app a and , to me personally known, that they are the (title) and executing the within and foregoing instrument to which this is signed on behalf of said corporation by authority of its aforementioned officer(s) acknowledge the execution of said and deed of said corporation,,~y it and by aforementioned offic me duly sworn, did say (title), of said corporation which this is attached; that said instrument was ority of its Board of Directors; and that the ~tion of said instrument to be the voluntary act ~ntioned officer(s) voluntarily executed. Notar Public in and for said County and My co mission expires: A.D.\2008, before me, the undersigned, a being by me duly sworn, did say (title) of said corporation tached; that said instrument was ;ard of Directors; and that the strument to be the voluntary act ~S) voluntarily executed. Notary Public in and for said County and State My commission expires: pptlatlm/agVCZa rez0&-00003 soctl siz tloc Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ08-00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Streb Investment Partnership, L.C., Hawkeye Oil Company, and Fareway Stores, Inc. (hereinafter "Owners"). WHEREAS, Owners are the legal title holders of approximately 10.08 acres of property located north of Highway 6, east of Scott Boulevard, and west of Commerce Drive (hereinafter "Property'); and WHEREAS, Streb Investment Partnership, L,C. has requested that these 10.08 acres be rezoned from Intensive Commercial (CI-1) to Community Commercial (CC-2); and WHEREAS, the Comprehensive Plan identifies this area at the intersection of Highway 6 and Scotf Boulevard as appropriate for general commercial uses; and WHEREAS, the applicant acknowledges that this 10.08 acres was subject to a 1997 Conditional Zoning Agreement, and that the City wishes to continue to impose certain obligations contained therein upon the Owners, notwithstanding the rezoning of the property to Community Commercial; and WHEREAS, Fareway Stores, Inc. and Hawkeye Oil Company have indicated their support for the rezoning; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan, provided that it meets certain conditions that will ensure appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owners acknowledge and agree that certain conditions and restrictions are reasonable and necessary to ensure that the development of the Property is consistent with the Comprehensive Plan and to ensure appropriate site and building design along Scott Boulevard, an arterial street and important entryway into Iowa City; and WHEREAS, to satisfy public needs directly caused by the requested rezoning, the Owners agree to develop the Property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Streb Investment Partnership, L.C., is the legal title holder of the Property legally described as follows: LOTS 19 THROUGH 24, ALL OF SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 3.48 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. Hawkeye Oil Company is the legal title holder of the Property legally described as follows: pptlatlMepV¢a rez08-00003 soar six.tloc LOT 16 OF SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.94 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. Fareway Stores, Inc. is the legal title holder of the Property legally described as follows: LOTS 17 AND 18, ALL OF SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 3.66 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 4. The Owners acknowledge and agree that, as a component of the requested rezoning, the City wishes to ensure conformance with the principles of the Comprehensive Plan and applicable provisions of the original conditional zoning agreement established for these properties in 1997, such that the development of individual lots along Scott Boulevard occur in a manner appropriate for this entryway into the community. Further, the parties acknowledge and agree that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested zoning. 5. In consideration of the City's rezoning the subject Property, Owners agree that development of the subject property will conform to all other requirements of the zoning and subdivision ordinances, as well as the following additional conditions: a) As each lot subject to this rezoning is developed or redeveloped, public sidewalks shall be installed by the owner/developer according to City specifications; b) On all lots with frontage on Scott Boulevard or Highway 6, all building elevations visible from Scott Boulevard or Highway 6 shall be primarily masonry, which may include fired brick, stone, or similar material, and dressed concrete block and stucco or like material when used in combination with other masonry finish. Alternative buildings materials, such as architectural metals or other materials used for decorative treatment may be substituted if the Director of Planning and Community Development determines that the use of such other materials satisfies the intent of this agreement. All elevations visible from Scott Boulevard shall have a finished face. Rooftop mechanical equipment shall be screened; c) Loading docks and receiving areas, garbage dumpsters, outdoor storage areas, mechanical equipment and other service areas and functions typically associated with the rear of buildings shall not be located in front of or along any building wall facing Scott Boulevard. When located elsewhere on a lot and visible from Scott Boulevard, these items shall be screened from view with landscaping or a combination of fencing and landscaping, as approved by the City; d) Landscape beds a minimum of 5 feet in width shall be provided along at least 50% of building elevations facing Scott Boulevard, and shall be planted with a variety of evergreen and deciduous shrubbery. A landscaping plan to that effect shall be pptlatlMagVCZa rez°e-00003 sodl sixtl« 2 submitted to the City during site plan review; and e) Freestanding signs within the development shall be limited to one located at each vehicular access point from an arterial street. Individual development lots within the development may provide monument, fascia, or other signs as permitted by the City's sign regulations on a lot-by-lot basis, but shall not provide additional freestanding signs beyond that specified above. If signs are to be lighted, they shall be internally illuminated and in compliance with the City's sign regulations; 4. The Owners and City acknowledge and agree that the conditions contained herein are reasonable and necessary additional conditions to impose on the land under Iowa Code §414.5 (2007), and that said additional conditions are imposed to satisfy public needs that are directly caused by the requested zoning change. 5. The Owners and City acknowledge and agree that ir. the event the subject Property is transferred, sold, redeveloped, or subdivided, all redevelopment, divisions, and subdivisions will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge and agree that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owners acknowledge and agree that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners from complying with all other applicable local, state, and federal regulations. 8. The parties acknowledge and agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject Property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 2008. CITY OF IO~NA CITY Streb Investment Partnership, L.C. Regenia Bailey, Mayor Attest: Marian K. Karr, City Clerk y' ~lti%y~ .Iciu~ Sa'~ch (vier. Farewa Stores, Inc. B ,,s~~Oi2l~r~ ~s?-eir~ut Y F, c~{via(t /~. Gre.n~r Approved b/y,~: ,,_ v -~%Ltla ~~i~G~tuf~" /~~~e~ City Attorney's Office ~~1i~ ~ H ke e Oil Com a ~ ~ Tt9-i`~ `l ~ S By' ~n ~Lf Cr 5 Ln ~~<S ppdatlMagU¢a rez08-00003 coat six tloc CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of A. D. 2008, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this L3'~day of /~ A.D. 2008, before me, the undersi ned, a Notary Public in and for the State of Iowa, pers~inally appeared ~'t'~~'N `T«~~ s~~'e6 , to me personally known, who being by me duly swo n did say that he or she is i~La.~a. (title) of the Streb Investment Partnership, L.C., and that said instr ent was signed on behalf of the said limited liability company by authority of its managers and the said /Y(Rn ~ azn. S~ acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. -- C= ~,8,a~ /l_~ r;~ K f ~~ _ Notary Public in and for the State of Iowa My commission expires: pptlatlrNagVCZa rez08-00003 soot six.tloc CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ss: ~~1,•ti ,3AldL1S9f*F000NTY ) On this ? 81~ day of )/{'1 A.D. 2008, before me, the undersigned, a Notary Public in and for the State f Iowa, personally appeared ~t A. ('~ ~.aes, and , to me personally known, who, being by me duly sworn, did say that they are the ~C~ ~ (title) and (title), of said corporation executing the within and foregoing instrument to which this is attached; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the aforementioned officer(s) acknowledge the execution of said instrument to be the voluntary act and deed of said corporation, by it and by aforementioned officer(s) voluntarily executed. Notary Public In and fDr said County and State My commission expires: DOIfOLAO D. KtE11AN : ~ ~MqUe~w ttb137 CORPORATE ACKNOWLEDGEMENT: ~ ~ ~14 '~~°- STATE OF IOWA ) ~o~~c ) SS: J@@f~f COUNTY ) On this ~~' day of TU rsi- , A.D. 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared FReaEI~~cK I~ CzheuleR and - , to me personally known, who, being by me duly sworn, did say that they are the P~rsl pew'j (title) and - (title) of said corporation executing the within and foregoing instrument to which this is attached; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the aforementioned officer(s) acknowledge the execution of said instrument to be the voluntary act and deed of said corporation, by it and by aforementioned officer(s) voluntarily executed. ~~~ ~~ Notary Pu lic in and for aid ty and State My commission ex Tres: Puy ~ CRAIG A. SHEPLEY COMMISSION N0. 146681 » MY COMMISSION PIRES Iowa 3'3 '~ pptlatlmlagUCZa rezOB-00003 soot six.tlx as-i ~-os City of Iowa City 5d MEMORANDUM Date: June 10, 2008 To: City Council From: Karen Howard, Associate Planner RE: REZ08-00001 -Hendrickson-Lytham Condominiums There seemed to be some confusion at the public hearing about the proposed rezoning of the property south of Olive Court and Learner Court. The request is not for an upzoning or increase in density. The current Medium Density Single Family Residential (RS-8) designation will remain as the underlying zone. The request is for a planned development overlay. This overlay zoning is being requested for several reasons: The property contains steep, critical, and protected slopes and a small wetland area regulated by the City's Sensitive Area's ordinance; In order to reduce encroachment into the steep ravine, the applicant is requesting some modifications to underlying zoning standards; The applicant would like to sell the homes as condominiums rather than divide the property into individual lots. To clarify the distinctions between the underlying RS-8 Zone and the planned development being proposed, I've prepared a table that highlights the proposed variations from a typical RS-8 subdivision. In order to determine whether the proposed development meets RS-8 zoning standards, the applicant was required to submit a zoning study whereby imaginary lot lines were illustrated on the proposed development plan (See sheet 7 of the proposed plat). Only a few variations are being requested by the applicant: some minor adjustments to lot widths and frontage for the triangular-shaped lots located at the corners of the loop drive and end of the cul-de-sac bulb; a request to allow Marietta Drive to be 1000 feet in length instead of the typical maximum of 900 feet; and allowance of attached homes other than on corner lots. The proposed rezoning will not increase the density allowed on the property as compared to a conventional RS-8 subdivision. It should also be noted that the proposed homes would fit on typical 50-foot-wide, 6000 square foot RS-8 home lots and meet all zoning requirements. The width (40 feet) and height (20 feet - streetside elevation) of the proposed homes are similar to many homes in the surrounding neighborhood. The proposed homes extend deeper into the lots than some of the homes in the surrounding neighborhood but the depth of homes is not readily visible to the public. It is only where the geometry of the loop street and cul-de-sac bulb create triangular-shaped lots that lot width and frontage are narrowed below the minimum standard. For the attached homes, there is no net loss in yard space; instead of two 5-foot side yards, each of the units has one 10-foot side yard and one 0-foot side yard where the units attach, resulting in 20 feet between the buildings. Use of open space on the property will also be similar to neighboring properties. Front entrances and front yards will be visible from the street. Fronting streets and sidewalks will be public and will not be gated. Similar to other homes in the area, back yard space will be private. Issues of traffic circulation, stormwater management, time span for development, and access to private open space would be the same if this property were being proposed as a June 12,2008 Page 2 conventional subdivision. Staff provides the following additional comments for your consideration: The existence of the ravine and the fact that surrounding properties are already developed prevents development of the grid street pattern found throughout University Heights. City traffic engineers find it unlikely that the proposed loop street will be used as acut-through route. However, similar to what occurs currently, drivers unfamiliar with the area may mistakenly turn down Olive Court or Learner Court believing these streets to be southbound through routes. The City of University Heights might be able to improve this situation with appropriate traffic control signage at the intersections of these streets with Melrose Avenue. With regard to stormwater management, the City's ordinances require that on-site detention facilities be properly constructed and sized so that the release rate to downstream properties is managed to prevent flooding during a typical storm event. Tying stormwater outlet pipes located west of the subject property into the storm sewer system that is proposed at the base of the ravine as recommended by the City Engineer will improve current drainage problems at the western end of the ravine. One of the primary reasons that a planned development rezoning is required is that the proposed development encroaches into the steep, critical, and protected slopes of the ravine that runs east-west through the center of the property. The question is whether the proposed encroachment is reasonable given the previously altered character of the ravine and whether it can be done without creating a safety hazard. The applicant was required to submit a preliminary soil stability analysis verifying the suitability of this site for the proposed development. This analysis was completed by Terracon, an independent consulting firm. Building permits will be required and structural analysis completed by registered engineers prior to construction of any homes or retaining walls. A construction site run-off permit will be required prior to any grading to ensure that erosion control measures meet City and State requirements. The Comprehensive Plan encourages infill development as a means of managing the outward growth of the city. Building housing close to employment centers rather than expanding along the fringe of the city helps to preserve valuable farmland and cuts down on vehicle miles travelled. Construction activity can be disruptive to neighboring properties wherever new development occurs. A specific timeframe for build out of the subdivision cannot be guaranteed. However, the fact that the property is in a highly desirable location within the community may decrease the amount of time it takes to achieve build out. Let me know if you have any questions. Cc: Michael Lombardo, City Manager Jeff Davidson, Director of Planning Bob Miklo, Senior Planner Planning and Zoning Commission Hendrickson-Lytham Condominiums Zoning Comparison RS-8 Zone Pro osed Planned Develo ment - OPD-8* Minimum Lot Size 5,000 sq. ft. All lots comply with this standard. Lots vary from 5,700 s . ft. to 33,180 s . ft. Minimum Lot Width - 45 ft. All lots comply with this standard. Detached Sin le Famil Minimum Lot Width - 35 ft. 4 lots have widths less than 35 ft. (lots 10A & B, Attached Single Family 146, 19B) To mitigate, homes are oriented toward the street and have increased front setbacks to provide space for front yard landscaping, and driveway widths are narrowed to reduce front yard paving. Garages are recessed behind front fagades and garage widths meet standards adopted in new zonin code. Minimum Lot Frontage 40 ft. All lots exceed the minimum • Detached Single Famil Minimum Lot Frontage 35 ft. 5 lots have frontages less than 35 ft. (lots 10A &B, • Attached Single 14B, 19A 8~ B). To mitigate, homes are oriented Family toward the street and have increased front setbacks to provide space for front yard landscaping, and driveway widths are narrowed to reduce front yard paving. Garages are recessed behind front facades and garage widths meet standards ado ted in new zonin code. Minimum Setbacks • Side Min. 5 ft. for All lots comply with side setback requirements. detached SF; Applicant has proposed additional side setbacks Min. 10 feet for proposed homes that are adjacent to existing for attached homes. Side setback for units 1, 4, and 7 increased SF to a minimum of 10 feet. Side setback of approximately 33 feet for unit 15A along Marietta Avenue to provide transition and to preserve existin mature trees. • Rear Min. 20 ft. All lots comply with rear setback requirements. All units have rear yards that are at least 30 feet in de th. • Front Min. 15 ft. All lots meet or exceed the minimum. Proposed units along the north-south extensions of Olive and Learner Ct are set back 25 feet to match existing homes. Pro osed homes alon extended Marietta are set back at the minimum of 15 feet to reduce encroachment into the ravine. Maximum Height 35 ft. Homes are one-story as viewed from the street with walk-out basements to the rear. Street-side building height less than 20 feet; less than 30 feet at the rear. All units will comply with the height standard in the RS-8 Zone. Maximum Building 45% Lot coverage for all units is less than the maximum Coverage allowed. Maximum Front 50% 4 lots are close to or may exceed the front setback Setback Coverage coverage standard. These lots are the lots on the curve that are triangular in shape, so pavement coverage is greater at the front of the lot and then green space increases as the lot widens. To mitigate, buildings are set back further from the street to allow room for street trees and front yard landscaping. Driveways are tapered to reduce front yard pavement. Single Family Site Garage All proposed homes comply with this standard. Development entrances Standards must be set back at least 25 ft. from the front property line. Length of street-facing All proposed homes comply with this standard. garage walls Garages are approximately 55% of the length of may not the front fagade. In addition, garages are set back exceed 60% further from the street than residential portion of of the total homes. Front porches, windows, and other length of the architectural features help to de-emphasize the building garage. facade. *Based on zoning analysis using imaginary lot lines drawn for comparative purposes. The subject planned development is proposed as a condominium regime and is not proposed for subdivision into separate single family lots. Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZOS- 00001) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 9.48 ACRES OF LAND LOCATED SOUTH OF OLIVE COURT AND LEAMER COURT AND EAST OF MARIETTA AVENUE FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO PLANNED DEVELOPMENT OVERLAY (OPD-8). (REZ08-00001) WHEREAS, the applicant, Jeff Hendrickson, with consent from the owners, Otella, LLC and Gregory B and Carol Neuzil, filed with the City Clerk of Iowa City, Iowa an application for a rezoning of approximately 9.48 acres of property from Medium Density Single Family Residential (RS-8) Zone to Overlay Planned Development 8 (OPD-8) to allow a Sensitive Areas Development consisting of 31 residential condominium units; and WHEREAS, said property is located south of Olive Court and Learner Court and east of Marietta Avenue; and WHEREAS, the Southwest District Plan identifies the area as appropriate for medium density single-family/duplex residential development; and WHEREAS, the proposed development will encroach on sensitive features, namely a wetland buffer, and steep, critical, and protected slopes in a partially wooded ravine, said proposed development therefore requiring a Level II Sensitive Areas Review; and WHEREAS, certain variations from the underlying zoning and subdivision requirements are necessary to allow clustering of dwelling units away from the sensitive areas within the ravine; and WHEREAS, the Department of Planning and Community Development and the Public Works Department have examined the Sensitive Areas Development Plan, soil stability analysis, and Preliminary Planned Development Plan and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned Development Plan and Sensitive Areas Development Plan and after due deliberation and consideration of the application materials, staff recommendations, and public input recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from Medium Density Single Family Residential Zone (RS-8) to Overly Planned Development 8 (OPD- 8) and the associated Sensitive Areas Development Plan is hereby approved: Ottella. L.L.C. Prooert Lot 426 University Heights, Third Subdivision, according to the plat thereof recorded in Book 3, Page 140, Records of Johnson County, Iowa; and, The southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. excepting therefrom the following: Commencing at the northeast corner of the said southwest quarter of northeast quarter of northwest quarter of said Section 16, thence westerly along the north line of said southwest quarter of northeast quarter of northwest quarter of Section 16, 200 feet, thence south (included angle 88 degrees 17 minutes) 170 feet, thence easterly parallel with said north line Ordinance No. Page 2 200 feet to a point 164 feet south of the point of beginning, thence northerly 164 feet to the point of beginning, as shown by plat recorded in Plat book 4, page 245, Plat Records of Johnson County, Iowa, subject to easements as shown of record. Also excepting therefrom Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. Greoorv B. and Carol Neuzil Prooert Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and the associated Sensitive Areas Development Plan, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Preliminary Plat and the Sensitive Areas Development Plan (sheet nos. 1 through 7) and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office ~'.~ d~ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES - GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS, TO ELIMINATE THE DELINQUENCY CHARGE FOR ALL STATE AND LOCAL GOVERNMENT ENTITIES. WHEREAS, Iowa City Code section 16-3A-6, BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS: imposes a delinquency charge on all accounts after 22 days; and WHEREAS, Iowa Code Section 8A.514 prohibits delinquency charges for some State institutions until the passage of 60 days; and WHEREAS, the City wishes to apply the same delinquency policies for all state and local governmental entities, while preserving all other collection options; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES -GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS, Subsection A, Delinquency, Paragraph 2 is hereby amended by deleting it in its entirety and replacing it as follows: 2. If payment in full is not received within twenty two (22) days of the billing date, the account(s) shall be deemed delinquent and a delinquency charge will be assessed as provided in title 3, chapter 4 of this code. For locations which receive city water, wastewater and/or solid waste services, the account holders shall be billed and collected as a single account, and in the event of a delinquency in payment as to either water, wastewater or solid waste services, subsequent payments shall be credited first to the delinquent billings and then to the current billing. This paragraph shall not apply to state or local governmental entities. 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, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of , 2008. MAYOR ATTEST: CITY CLERK AppApp v~ ~ ~`~~ City Attorney's Office Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," CHAPTER 3, ENTITLED "DISCRIMINATORY PRACTICES" TO EXCEPT SMALL EMPLOYERS FROM DISCRIMINATION CLAIMS AND CHAPTER 4, ENTITLED "ENFORCEMENT," TO INCREASE THE TIME PERIOD FOR FILING A DISCRIMINATION CLAIM. WHEREAS, the City Code presently subjects employers with less than four employees ("small employers") to liability for employment discrimination claims; WHEREAS, the Iowa Supreme Court recently ruled that Iowa City may not subject small employers to liability; WHEREAS, the City Code presently provides that complaints must be filed within one-hundred and eighty (180) days of the alleged discriminatory action; WHEREAS, the Governor has signed SF 2292, which goes into effect on July 1, 2008, that increases the time period to file a complaint under state law from one-hundred and eighty (180) days to three hundred (300) days; WHEREAS, it is appropriate for the City to increase the time period to file a complaint alleging violation of the City's Human Rights Ordinance to make it the same as the time period for filing a claim under state law; and WHEREAS, it is in the best interest of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 1, entitled "Employment; Exceptions," Subsection F is hereby amended by adding the following new Paragraph 8: Any employer who regularly employs less than four individuals. For purposes of this section, individuals who are members of the employer's family shall not be counted as employees. 2. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 1, entitled "Persons Who May File Complaints; Method of Filing Complaint; Amending Complaint," Subsection E is hereby amended by deleting it in its entirety and substituting in its place the following new Subsection E: A claim under this title shall not be maintained unless a complaint is filed with the commission within three hundred (300) days after the alleged discriminatory or unfair practice occurred. 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, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day of , 2008. MAYOR Approved by: ATTEST: CITY CLERK City Attorney's Office Vb-1 /-U73 12 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED UMAN RIGHTS," C PTER 3, ENTITLED "DISCRIMINATORY PRACTICES" TO E CEPT SMALL EMP DYERS FROM DISCRIMINATION CLAIMS AND CHAP ER 4, ENTITLED "E ORCEMENT," TO INCREASE THE TIME PERIOD FOR (LING A DISCRIMINATIO CLAIM. WHEREAS, the City ode presently subjects employers with less than four employers ("small employers") to liability for em oyment discrimination claims; WHEREAS, the Iowa Sup me Court recently ruled that Iowa City may not i pose small employers to liability; WHEREAS, the City Code pr ently provides that complaints must be fil within one-hundred and eighty (180) days of the alleged disc ' inatory action; WHEREAS, the Governor has sig d SF 2292, which goes into effect July 1, 2008, that increases the time period to file a complaint un r state law from one-hundred d eighty (180) days to three hundred (300) days; WHEREAS, it is appropriate for the 'ty to increase the time eriod to file a complaint alleging violation of the City's Human Rights Ordinan a to make it the sam as the time period for filing a claim under state law; and WHEREAS, it is in the best interest of the Ci to adopt these mendments. NOW, THEREFORE, BE IT ORDAINED BY T E CITY CO CIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 2, entitled "Human Rights," Chapter , ent ed "General Provisions," Section 1, entitled "Defnitions," is amended by deleting the definition of "e I er" and adding the following new definition: Includes any person, wherever situated, who em ys individuals within the city or who solicits individuals within the city to apply for employment withi t city or elsewhere. The term includes the city itself, and to the extent not inconsistent with state la , all o er political subdivisions, public corporations, governmental units conducting any activity within the ity and p blic agencies or corporations. 2. Title 2, entitled "Human Rights," C pter 3, enti ed "Discriminatory Practices," Section 1, entitled "Employment; Exceptions," Subsection is amended by dding the following new Paragraph 8: Any employer who regularly employ less than four in iduals. For purposes of this section, individuals who are members of the employ is family shall not be unted as employees. 3. Title 2, entitled "Human hts," Chapter 4, entitle "Enforcement," Section 1, entitled "Persons Who May File Complaints; thod of Filing Complaint; Am nding Complaint," Subsection E is amended by deleting it in its entirety d substituting in its place the folio 'ng new Subsection E: A claim under this title sh not be maintained unless a compl nt is filed with the commission within three hundred (300) days er the alleged discriminatory or unfair pr ctice occurred. SECTION II. REPEALER. II ordinances and parts of ordinances in co flict with the provision of this Ordinance are hereby repeal SECTION Ifl. SEVERA ITY. If any section, provision or part of the Ordina a shall be adjudged to be invalid or unconstitutional, uch adjudication shall not affect the validity of the Ord ance as a whole or any section, provision or pa ereof not adjudged invalid or unconstitutional. SECTION IV. EF ECTIVE DATE. This Ordinance shall be in effect after its fi al passage, approval and publication, as vided by law. Passed and apgr6ved this _ day of , 2008 MAYOR ATTEST: CITY CLERk Approved by: City Attorney's Offce