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2009-03-10 Ordinance
o- - 6a Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; (319)356-3243 (REZ08-00011) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 18.58 ACRES OF PROPERTY LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 44.29 ACRES FROM RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RSA) AND 79.27 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD-5). (REZ08- 00011) WHEREAS, the applicant, S & J Development LLC, has requested a rezoning of property located north of Rohret Road and east of Slothower Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential (RS-5), from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) and from Low Density Single-Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5); and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single family housing; and WHEREAS, the applicant has requested a reduction in wetland buffers and wetland mitigation, which requires a Level II Sensitive Areas Review and Planned Development Overlay Rezoning. The Planning and Zoning Commission has reviewed the requirements for wetland buffer reduction and mitigation and has found that the proposal meets the requirements as outlined in Section 14-51-6 of the Iowa City Zoning Code; 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 conditions addressing the need for improvement of Rohret Road to City standards, a phasing plan for the subdivision, the vacation of the southern portion of Slothower Road, approval of the wetland mitigation plan, and a plan for the long-term maintenance of the wetland by the home owners' association; 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 caused by the requested change; and WHEREAS, the owner has 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 in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of ID-RS to OPD- 5, RR-1 to OPD-5, and RS-5 to OPD-5: BEGINNING AT THE SOUTHWEST CORNER OF SOUTHWEST ESTATES SUBDIVISION -PART TWO, IOWA CITY, IOWA; THENCE S68°42'07"W, ALONG THE CENTERLINE OF ROHRET ROAD, 18.85 FEET; THENCE S67°18'23"W, ALONG SAID CENTERLINE, 131.42 FEET; THENCE S67°00'50"W, ALONG SAID CENTERLINE, 52.57 FEET; THENCE S60°26'59"W, ALONG SAID CENTERLINE, 88.13 FEET; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 172.96 FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG SAID CENTERLINE, 653.90 FEET; THENCE N00°15'40"W, 973.23 FEET; THENCE N01°15'46"E, 2,281.07 FEET; THENCE S89°44'32"E, 361.42 FEET; THENCE N01°16'10'E, 361.50 FEET; THENCE S89°44'30"E, 354.25 FEET, TO THE NORTHWEST CORNER OF COUNTRY CLUB ESTATES SECOND Ordinance No. Page 2 ADDITION, IOWA CITY, IOWA; THENCE S14°51'48"E, ALONG THE WESTERLY LINE OF SAID COUNTRY CLUB ESTATES SECOND ADDITION, 221.57 FEET; THENCE S14°38'33"E, ALONG SAID WESTERLY LINE, 97.48 FEET; THENCE S00°07'09"E, ALONG SAID WESTERLY LINE, 75.66 FEET; THENCE S18°21'00"W, ALONG SAID WESTERLY LINE, 91.60 FEET; THENCE S20°38'15"W, ALONG SAID WESTERLY LINE, 126.29 FEET; THENCE S11°37'37"W, ALONG SAID WESTERLY LINE, 478.88 FEET, TO A POINT ON THE WESTERLY LINE OF COUNTRY CLUB ESTATES FIRST ADDITION, IOWA CITY, IOWA; THENCE N78°22'23"W; ALONG SAID WESTERLY LINE, 271.77 FEET; THENCE S33°57'16"W, ALONG SAID WESTERLY LINE, 170.83 FEET; THENCE S00°54'29"W, ALONG SAID WESTERLY LINE, 80.00 FEET; THENCE S16°43'33"E, ALONG SAID WESTERLY LINE, 83.79 FEET; THENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 287.00 FEET; THENCE N11°37'37"E, ALONG SAID WESTERLY LINE, 170.36 FEET; THENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 120.00 FEET; THENCE S11°37'37"W, ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES FIRST ADDITION, 60.33 FEET; THENCE S78°22'23"E, ALONG SAID SOUTHERLY LINE, 60.00 FEET; THENCE NORTHEASTERLY, 39.27 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 35.36 FOOT CHORD BEARS N56°37'37"E; THENCE S78°22'23"E, ALONG SAID SOUTHERLY LINE, 45.55 FEET; THENCE SOUTHEASTERLY, 31.07 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 325.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 31.06 FOOT CHORD BEARS S81°06'43"E; THENCE S03°20'14"W, ALONG SAID SOUTHERLY LINE, 126.16 FEET; THENCE S88°32'31"E, ALONG SAID SOUTHERLY LINE, 226.92 FEET; THENCE S01°27'29"W, 10.15 FEET; THENCE N81°43'30"E, 169.98 FEET; THENCE S19°45'01"E, 386.21 FEET, TO A POINT ON THE WESTERLY LINE OF SAID SOUTHWEST ESTATES SUBDIVISION - PART TWO; THENCE S68°04'47"W, ALONG SAID WESTERLY LINE, 260.00 FEET; THENCE S46°03'38"E, ALONG SAID WESTERLY LINE, 330.10 FEET; THENCE S53°55'32"E, ALONG SAID WESTERLY LINE, 235.85 FEET; THENCE S21°17'53"E, ALONG SAID WESTERLY LINE, 412.93 FEET, TO SAID POINT OF BEGINNING, CONTAINING 79.27 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD SECTION II. ZONING MAP. The building official 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 the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. 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 record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, 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. Passed and approved this day of , 20 ATTEST: MAYOR CITY CLERK Approved by: City Attorney's Office ~Zlo /~~ Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; (319)356-3243 (REZ08-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and S & J Development LLC (hereinafter "Owner"); WHEREAS, Owner is the legal title holder of approximately 79.27 acres of property located north of Rohret Road and East of Slothower Road; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential (RS-5), from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) .and from Low Density Single- Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the improvement of Rohret Road to City standards, a phasing plan for the subdivision, the vacation of the southern portion of Slothower Road, approval of the wetland mitigation plan, and a plan for the long-term maintenance of the wetland by the home owners' association, the zoning is in conformance with the Comprehensive Plan; 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 caused by the requested change; and WHEREAS, the Owner acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, to address increased traffic demands by improving of Rohret Road fo City standards, to provide for orderly development of the subdivision, to mitigate double and/or triple fronting lots, and to plan for wetland mitigation and to provide for long-term wetland maintenance; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. S & J Development LLC is the legal title holder of the property legally described as follows: BEGINNING AT THE SOUTHWEST CORNER OF SOUTHWEST ESTATES SUBDIVISION -PART TWO, IOWA CITY, IOWA; THENCE S68°42'07"W, ALONG THE CENTERLINE OF ROHRET ROAD, 18.85 FEET; THENCE S67°18'23"W, ALONG SAID CENTERLINE, 131.42 FEET; THENCE S67°00'50"W, ALONG SAID CENTERLINE, 52.57 FEET; THENCE S60°26'59"W, ALONG SAID CENTERLINE, 88.13 FEET; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 172.96 FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG SAID CENTERLINE, 653.90 FEET; THENCE N00°15'40"W, 973.23 FEET; THENCE N01°15'46"E, 2,281.07 FEET; THENCE S89°44'32"E, 361.42 FEET; THENCE N01 °16'10'E, 361.50 FEET; THENCE S89°44'30"E, 354.25 FEET, TO THE NORTHWEST CORNER OF COUNTRY CLUB ESTATES SECOND ADDITION, IOWA CITY, IOWA; THENCE S14°51'48"E, ALONG THE WESTERLY LINE OF SAID COUNTRY CLUB ESTATES SECOND ADDITION, 221.57 FEET; THENCE S14°38'33"E, ALONG SAID WESTERLY LINE, 97.48 FEET; THENCE S00°07'09"E, ALONG SAID WESTERLY LINE, 75.66 FEET; THENCE S18°21'00"W, ALONG SAID WESTERLY LINE, 91.60 FEET; THENCE S20°38'15"W, ALONG SAID WESTERLY LINE, 126.29 FEET; THENCE S11 °37'37"W, ALONG SAID WESTERLY LINE, 478.88 FEET, TO A POINT ON THE WESTERLY LINE OF COUNTRY CLUB ESTATES FIRST ADDITION, IOWA CITY, IOWA; THENCE N78°22'23"W, ALONG SAID WESTERLY LINE, 271.77 FEET; THENCE S33°57'16"W, ALONG SAID WESTERLY LINE, 170.83 FEET; THENCE S00°54'29"W, ALONG SAID WESTERLY LINE, 80.00 FEET; THENCE S16°43'33"E, ALONG SAID WESTERLY LINE, 83.79 FEET; THENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 287.00 FEET; THENCE N11°37'37"E, ALONG SAID WESTERLY LINE, 170.36 FEET; THENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 120.00 FEET; THENCE S11 °37'37"W, ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES FIRST ADDITION, 60.33 FEET; THENCE S78°22'23"E, ALONG SAID SOUTHERLY LINE, 60.00 FEET; THENCE NORTHEASTERLY, 39.27 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 35.36 FOOT CHORD BEARS N56°37'37"E; THENCE S78°22'23"E, ALONG SAID SOUTHERLY LINE, 45.55 FEET; THENCE SOUTHEASTERLY, 31.07 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 325.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 31.06 FOOT CHORD BEARS S81°06'43"E; THENCE S03°20'14"W, ALONG SAID SOUTHERLY LINE, 126.16 FEET; THENCE S88°32'31"E, ALONG SAID SOUTHERLY LINE, 226.92 FEET; THENCE S01 °27'29"W, 10.15 FEET; THENCE N81 °43'30"E, 169.98 FEET; THENCE S19°45'01"E, 386.21 FEET, TO A POINT ON THE WESTERLY LINE OF SAID SOUTHWEST ESTATES SUBDIVISION - PART TWO; THENCE S68°04'47"W, ALONG SAID WESTERLY LINE, 260.00 FEET; THENCE S46°03'38"E, ALONG SAID WESTERLY LINE, 330.10 FEET; THENCE S53°55'32"E, ALONG SAID WESTERLY LINE, 235.85 FEET; THENCE S21°17'53"E, ALONG SAID WESTERLY LINE, 412.93 FEET, TO SAID POINT OF BEGINNING, CONTAINING 79.27 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge 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 caused by the requested change. 3. In consideration for the City's rezoning the subject property, Owner agrees)that development of the subject property will conform to all requirements of the Iowa City Zoning Code, as well as the following conditions. (all lot and addition numbers are in reference to the preliminary plat received January 30, 2009): a. Owner shall, during the first phase of development, improve the portion of Rohret Road adjacent to lots 1 and 38 to City standards at Owner's expense and extend Lake Shore Drive from its current terminus to Rohret Road. b. Development of the Seventh Addition (lots 112-139) and Eighth Addition (lots 140-170) shall not occur until the improvements of the remainder of Rohret Road are in the CIP and the Owner pays its fair share (12.5%) of the improvements. 2 c. The Seventh and Eighth Addition shall be developed only after the Third through Sixth Additions are completed, unless Rohret Road is improved adjacent to the proposed development prior to or simultaneously with their construction. d. The portion of Slothower Road from the northern boundary of Lot 119 south to Rohret Road shall be vacated prior to the development of the Seventh Addition and Lots 152 - 170 in the Eighth Addition. If this portion of Slothower Road is not vacated, the area shall not be preliminary platted until an alternate design is created that eliminates the double fronting lots. e. The Wetland Mitigation Plan shall be approved by the U.S. Army Corps of Engineers. f. Along term maintenance plan for the wetland private open space by the Home Owners' Association shall be included in the Subdivider's Agreement entered into by the City and the Owner at the time the City approves the final plat for any portion of this development. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until 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 Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties 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 ~Y of , 20 OWNER~f/ / CITY OF IOWA CITY S & J D ~ment, LLC By Regenia D. Bailey, Mayor 3 By Marian K. Karr, City Clerk Approved by: City Attorney's Office ~~~~ ~~ ~ LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this /l~ day of ~r 2009, by 13ria n S ~r (name) as ~1Ga-n (title) of S&J Development, LLC. 7-~,3 oy Nota Public in and for the State of Iowa CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this day of 2009, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged 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 end for the State of Iowa 4 Ordinance No. Page It was moved by _~ as read be adopted, and and seconded by roll call there were: AYES: NAYS: AB Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 2/24/ Vote for passage: AYES: Bailey. NAYS: None. Second Consideration Vote for passage: 20 Champion, rreia, ABSENT: None. that the Ordinance ek, O'Donnell, Wilburn, Wright, Date published c. The Seventh and Eighth Addition shall be developed only after the Third through Sixth Additions are completed, unless Rohret Road is improved f-adjacent to the proposed development prior to or simultaneously with their construction. d. The portion of Slothower Road from the northern boundary of Lot 11 south to Rohret Road shall be vacated prior to the development of the Seve Addition and Lots 152 - 170 in the Eighth Addition. If this portion of Slotho er Road is not vacated, the area shall not be preliminary platted until an alter ate design is created that eliminates the double fronting lots. e. The Wetland~(Ulitigation Plan shall be approved by the U. .Army Corps of Engineers. ~~ f. Along term mainte ance plan for the wetland private op space by the Home Owners' Association hall be included in the Subdivider's Agreement entered into by the City and the ner at the time the City appr es the final plat for any portion of this developm nt. 4. The Owner and City acknowledg that the conditions co tained herein are reasonable conditions to impose on the Ian under Iowa Code 414.5 (2007), and that said conditions satisfy public needs that a caused by the r quested zoning change. 5. The Owner and City acknowledge that 'n the even the subject property is transferred, sold, redeveloped, or subdivided, all re velopm twill conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Condition oning Agreement shall be deemed to be a covenant running with the land and with a to the land, and shall remain in full force and effect as a covenant with title to the nd, nless or until released of record by the City of Iowa City. The parties further acknowledge that is agreemen shall inure to the benefit of and bind all successors, representatives, an ssigns of the p ies. 7. The Owner acknowledges that othing in this Conditi~al Zoning Agreement shall be construed to relieve the Own or Applicant from com lying with all other applicable local, state, and federal regul ions. 8. The parties agree that t s Conditional Zoning Agreemen shall be incorporated by reference into the ordina ce rezoning the subject property, a d that upon adoption and publication of the ordi nce, this agreement shall be recorde in the Johnson County Recorder's Office at t Applicant's expense. Dated this day of 20 OWNER CITY OF IOWA CITY S & J Development, L BY. 3 Regenia D. Bailey, Mayor City of Iowa City MEMORANDUM Date: January 15, 2009 To: Planning and Zoning Commission From: Christina Kuecker, Associate Planner RE: Country Club Estates Based on the revised plat submitted on Wednesday all of the deficiencies and discrepancies have been addressed except, the revision of the buffers for created wetlands and one concern by the City Engineer. The applicant has indicated that the buffer will be shown on a revised plat. The City Engineer has relayed his concern to the applicant. The applicant has also indicated that he is willing to switch the Sixth and Seventh Additions, thus addressing the concerns to keep the lots closest to Rohret Road in the last phase of development unless Rohret Road is improved prior to or simultaneously with their construction. The City Council is reviewing a proposal that includes Rohret Road will be included in the CIP and will be making a decision in the coming weeks. The developer will be required to pay their fair share of the improvements to Rohret Road at the time of the final plat. REVISED STAFF RECOMMENDATION: If the City Council includes Rohret Road in the CIP, Staff recommends that REZ08- 00011, arezoning of approximately 18.58 acres located north of Rohret Road from ID-RS to RS-5, a rezoning of approximately 44.29 acres from RR-1 to RS-5, and a rezoning of approximately 82.3 acres to OPD-5 and SUB08-00010, a preliminary plat of Country Club Estates Part 3-8, a 170-lot, approximately 82.3-acre residential subdivision with three outlots, be approved with the following conditions: 1. The portion of Rohret Road adjacent to lots 1 and 38 being improved to City standards at the expense of the developer and the extension of Lake Shore Drive being completed in the first phase of development; 2. The Seventh and Eighth Additions shall not be developed until the developer pays its proportional share (12.5%) of Rohret Road improvements; 3. The Seventh and Eighth Additions shall be the last phases of the development, unless Rohret Road is improved prior to or simultaneously with their construction; 4. The portion of Slothower Road from the northern boundary of Lot 95 south to Rohret Road shall be vacated prior to the development of the Seventh Addition and lots 152 - 170 in the Eight Addition. If this portion of Slothower Road is not vacated, an alternate design for these lots shall be created that January 15, 2009 Page 2 eliminates the double fronting lots; 5. The Wetland Mitigation Plan shall be approved by the U.S. Army Corps of Engineers; If Council does not include Rohret Road in the CIP, Staff would recommend that the Seventh and Eight additions retain their ID-RS zoning. DEFICIENCIES AND DISCREPANCIES: 1) Revise the buffers for created wetlands -Applicant has indicated that this will be shown on a revised plat City of Iowa City MEMORANDUM Date: February 5, 2009 To: Planning and Zoning Commission From: Christina Kuecker, Associate Planner RE: Country Club Estates, Third -Eight Additions The application for REZ08-00011 and SUB08-00010 was deferred at the January 15 meeting. The Commission requested answers/clarifications about several issues pertaining to the application. This information is provided below. Rohret Road -improvements and traffic Several questions and concerns were raised about the current state of Rohret Road and its future improvements. Concerns over the capacity of Rohret Road were expressed. According to Transportation Planning Staff, the improved portion of Rohret Road (east of the proposed subdivision) is designed with a capacity of 13,000 - 15,000 vehicles per day. The current traffic counts along this stretch indicate that there are approximately 4,000 - 5,000 vehicles per day. A 170-lot subdivision will generate approximately 1,190 vehicle trips per day (7 trips per day per household). Transportation Planning Staff believes that the improved portion of Rohret Road is able to handle the additional traffic. Delays experienced at the Mormon Trek Boulevard/Rohret Road intersection were also a concern. These delays are caused by the high volume of traffic on Mormon Trek Boulevard and the timing of the traffic signal. Improvements to Mormon Trek Boulevard, including the addition of left turn lanes at this intersection, are currently in the CIP. These improvements will help lessen the delay. Minor improvements may also be made to the traffic signal timings. The future improvements to Rohret Road brought up many questions from the neighbors, such as future of sidewalks, driveways, and tree loss. Since the southern portion of Rohret Road is in the County, it is not likely that sidewalks will be installed on the south side of the road unless this land is annexed into the City and developed sometime in the future. It is also the decision of the County to determine if a property is allowed to have two driveways onto an arterial street. City Engineering Staff believe that two driveways will likely be allowed. If the land south of Rohret Road were annexed into the City, then City arterial street access standards would apply. Engineering staff also indicated that every effort is made to save trees during road improvements and if a tree on an individual's property is lost, the property owner is compensated. The compensation is worked out between the City and/or County and the property owner when negotiations for acquisition or easements are being made. Engineering Staff indicated that construction easements would need to be secured, but until the improvements are designed, the amount of necessary right of way is uncertain. Lake Shore Drive alignment The proposed alignment of Lake Shore Drive was determined by the applicant and City staff for several reasons. One reason is to connect the already constructed portion of Lake Shore Drive to meet up with an already existing intersection at Rohret Court and Rohret Road. When intersections do not line up there is often driver confusion and increase potential for collisions. Another reason to have the intersections line up is that there is a subdivision code requirement that intersections along arterial streets must be spaced at least 600' apart. The proposed location of the Lake Shore Drive/Rohret Road intersection provides adequate distance between other intersections along Rohret Road The proposed alignment of Lake Shore Drive was also determined because of the features of the land. Portions of the wetlands and the land to be subdivided make road construction and maintenance difficult due to topography. The proposed alignment takes advantage of the more gentle topography to provide a safer and more feasible road. In addition, the proposed alignment crosses the stream, wetlands, and drainage way at one of the narrower points, which disrupts a smaller amount of the natural areas. Drainage, runoff, and sewer Some questions about the drainage, runoff, and sewer of the proposed subdivision were mentioned at the previous meeting. None of the proposed subdivision drains towards properties south of Rohret Road. The majority of the subdivision drains into the indicated storm water detention area. Engineering staff has indicated that the storm water detention is adequate to serve the proposed development. The sanitary sewer has been extended to the western most point of Southwest Estates and a sanitary sewer easement extends along the property lines that abut the proposed development. Currently lots 9, 10, and 11 of Southwest Estates are on septic systems and when the septic system of these properties begin to fail, the City may require the properties to hook up to City sewer. If there is drainage the underground in Outlots A and C, it will likely be cut during the construction of Lake Shore Drive, the installation of the utilities, and the reconstruction of the wetlands. Engineering Staff believes that bringing the water over land may be a better, more natural situation for the wetland improvement, rather than keeping the water underground in a tile. Either way the wetlands and storm water detention has been designed to accommodate the drainage from the neighboring properties and cutting the the and moving the water above ground will not effect the drainage of the neighboring properties. Wetlands The Wetland Mitigation Plan does not indicate that the proposed wetland plantings will require burning. Not all wetland plantings require burning to thrive and if the plants do, it is generally only required once every 3-4 years. Comprehensive Plan -Country Club Estates in the larger context It is necessary to look at Country Club Estates in the larger context of the Southwest District. The Southwest District Plan addresses the rural feeling of the Southwest District, states that sprawl should be prevented, and orderly growth should be executed. Specifically it notes "Citizens want to prevent sprawl and preserve the rural character of the far western and southern portions of the district. Although these areas are not likely to remain permanently in farm use, the plan encourages orderly growth. Urban densities should not occur until public facilities are in place and until areas adjacent to existing urban development are built out." Country Club Estates is abutting already developed land and the necessary public infrastructure will be installed. In Staff's opinion, the proposed development is in accordance with the Comprehensive Plan. The Southwest District Plan also states that a safe and efficient network of streets is important and that street networks should be designed to prevent cut- through traffic and provide safe travel routes for pedestrians and bicyclists. The proposed subdivision provides a modified grid pattern of streets, which provides safe and efficient routes for pedestrians and bicyclists. The proposed subdivision also works with the proposed plans for the County property to the north. In 2003, Johnson County Board of Supervisors adopted the Johnson County Poor Farm Planning Study. This plan indicates a portion of the land immediately north of Country Club Estates to be developed as single family residential. Other portions of the land are set aside as preservation land and public uses, such as the historic County Poor Farm site and Chatham Oaks. This plan prevents Lake Shore Drive from extending straight north to Melrose Avenue. Lake Shore Drive will likely intersect with another street in this future subdivision and Slothower Road will be the intersection with Melrose Avenue. This will result in a circuitous collector street system between Melrose Avenue and Rohret Road. The Poor Farm Plan also shows proposed trails through the area north of the proposed subdivision that connect to the trail system at Hunters Run Park. Please refer to the attached aerial photograph. The location of the proposed park has been debated. The proposed parkland may not be centrally located for the proposed subdivision, but as this area continues to grow and develop, this will become a centrally located park for Country Club Estates and adjacent subdivisions. The Southwest District Plan contains the following statement about this land, "The City plans to use a small parcel of land near the southwest corner of the County Poor Farm property for a water reservoir. Most of the ground will remain open and could be used for a small neighborhood park. Additional parkland could be added to this property as Country Club Estates continues to develop. This is the reason Staff and the Parks and Recreation Commission suggested that the open space be provided in the proposed location. The lot sizes in the proposed subdivision are similar to other subdivisions in the area. Lots in Country Club Estates First and Second Additions range in size from 8,500 to 18,000 square feet. Southwest Estates' lots, with the exception of Part 2, range in size from 10,000 to 20,000 square feet. Lots in Southwest Estates Part 2 range in size between 44,000 to 79,000 square feet. The proposed subdivision lots range in size between 8,000 to 25,426 square feet. School District Staff sent a letter, along with the plat and staff report, to the Iowa City Community School District asking for comments. As of January 30, no response was received. However, plans were announced by the School District that call for a new elementary school to be built near the west side of Iowa City. Revised Plat A revised plat has been submitted showing the wetland buffers around the created wetlands and revising the phases as indicated at the previous meeting. The revised plat also shows the lot widths at the 15' setback for any lot that does not have a frontage of 60'. 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'~ ~, -_ ~ - ~. r r;. `- `; ~F ~ ~~ ~. t _~} &~ r ~ ~~ ~ ~ ,- ~, , ~' ~ .~ "~ ~ ~~ 5 .Tr ~. ~ ,~ i J. ~ t i ~~ ~ _ - -~ ~ ~"~`~ F j ~'-~r ~ . r _-. -~~~ ~.s - P{~~PQSED ~, - ~~ COUNTRY CLUB :ESTATES. .~~. . r ~`'~~ ~- i~ ~.- ra ~I~~ s r~ ,'~i-,~yi ?~ ,~`~'~ ~ ~~ ~1 , ~~~ ,lug °`-'y~„~~~~n'I~A~ ~, ~` .i I~°7 E~ .fir '~=,~y ~; ~~~~ ~ ~~ i R~ ~ ~: _ ~ ~~ ~~~,q e ~~ - ,~ `~ f 9 ~ a < ti!!~ ~~~ ~~ ~1 ~ l ;. ~ X11, ~ :~` ~~= Y ~. ~1 ~~,~~ ~ ~~ ~~ ~ ~ - _i~ lr ~ ~~ {~~ - ~. 4: ~ ~ : ti~ ~ k~ 1-4, t `'~ ~ s ra~ ' ,~ f m ~~+'+ ~~ 5 ~ ~ ~~ CITY OF IOYhA CITY 1~~ = 400 r _,- ~ ~~.®~r .ruili'' -+~a.a.~ CITY OF IOWA CITY Deparhnent of Planning & Community Development January 22, 2009 Iowa City Community School District Lane Plugge, Superintendent 509 S. Dubuque St. Iowa City, IA 52240 Dear Mr. Plugge, Currently the Iowa City Planning and Zoning Commission is reviewing a proposed rezoning and subdivision north of Rohret Road and east of Slothower Road (Country Club Estates 3`~ - 8`h Additions). The subdivision includes 170 single-family lots. Several neighbors had concerns about the school capacity in the area, especiallythe capacity of Weber Elementary and West High. The Con-unission requested that I contact the School District and ask for comments regarding these concerns. I have attached the Staff Report that was distributed to the Commission. The Commission will continue its review at its formal meeting on February 5. If you would like to provide any comments regarding the proposed subdivision, please do so before January 30. You can also contact me at (319)356-5243 or via email at christina- kuecker~a iowa-city.org. Sincerely, Christina Kuecker Associate Planner City of Iowa City Enclosures: Staff Report Prelunuiary Plat STAFF REPORT To: Planning & Zoning Commission Prepared by: Christina Kuecker, Associate Planner Item: REZ08-00011 and SUB08-00010 Date: January 15, 2009 Country Club Estates Parts 3-8 GENERAL INFORMATION: Applicant: S & J Development LLP 2231E 45 Street Davenport, IA 52807 Contact Person: Mike Speer 1157 Flagstaff Street Iowa City, IA 52240 Phone: (319) 936-6839 Requested Action: Rezoning from ID-RS to RS-5 (18.58 acres); RR-1 to OPD-5 (44.29 acres) and Preliminary Plat fora 170- lot residential subdivision on 82.3-acre land Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Development of Country Club Estates Parts 3 - 8 North of Rohret Road and east of Slothower Road Approximately 82.3 acres Agricultural, Part RS-5, part RR-1, and part ID-RS North: County owned Poor Farm - P South: Undeveloped & County Residential - R & AR East: Residential - RR-1 & RS-5 West: Undeveloped County Residential - R10 Southwest District Plan -single family and/or duplex type development December 3, 2008 January 19, 2009 Public Utilities: Sanitary Sewer can be extended from previous development phases of Country Club Estates on the northeast. A lift station is necessary to serve the southern half of the subdivision Public Services: The City will provide Police and Fire protection and refuse and recycling collection services. Transit 2 route Westside Loop serves this area with the nearest stop locate approximately 0.2 miles east on Phoenix Drive BACKGROUND INFORMATION: Most of the land under consideration for the proposed rezoning and subdivision was annexed into the City prior to 1972. Approximately 18 acres adjacent to Rohret Road, was annexed in 1 994. At the time, a proposal to rezone the property to Medium Density Single-Family Residential zone (RS-8) and Low Density Single-Family residential zone (RS-5) was considered. However, because of the lack of sanitary sewer services and the substandard condition of Rohret Road, the existing zoning was maintained -Rural Residential (RR-1) and RS-5 -and the newly annexed land was zoned Interim Development Residential (ID-RS). Since 1994, the future alignment of Highway 965 between Highway 6 and Highway 1 was determined and the political decision was made to extend the growth boundary to include this area. At this time, the City committed to serving this area with sanitary sewer extensions and necessary lift stations, in order to encourage full development within the city. Since the time of this policy change, Country Club Estates Parts 1 and 2 have been subdivided and developed as single-family residential lots. The applicant, S & J Development LLP, is now requesting approval for the rezoning of approximately 44.29 acres of land from Rural Residential (RR-1) zone, and approximately 18.58 acres of land from Interim Development-Single-Family Residential (ID-RS) zone to Low Density Single-Family Residential (RS-5) zone (a total of 62.87 acres to be rezoned). The applicant is also requesting approval fora 170-lot, 82.3-acre residential subdivision with three out-lots. The applicant is also requesting that the entire subdivision be rezoned to Planned Development Overlay/Low Density Single-Family Residential (OPD-5) zone to allow modification of the wetland. The applicant has indicated that they have used the "Good Neighbor Policy" and have had a neighborhood meeting. ANALYSIS: Comprehensive Plan and Zoning: The land is located within the Weber Subarea of the Southwest District Plan. The Southwest District Plan identifies this land as appropriate for primarily low-density residential development. The current zones RR-1 and ID-RS reflect development constraints and inadequate infrastructure available in this area. The proposed zoning, Low Density Single- Family Residential (RS-5), will allow for a residential development with a maximum density of five dwelling units per acre. Most of the surrounding land is zoned for large lot residential uses such as RR-1, and County Residential (AR, R, and R-10) zones, except for the land on the northeast, which is zoned RS-5. At the time of previous rezoning considerations, neighboring property owners expressed concern about the development of smaller lot sizes adjacent to the large RR-1 zoned lots on Tucson Place. At the time Tucson Place was developed in the early 1980's it was the policy of the City to discourage development west of Highway 218. The City limited the availability of sewer capacity in this area to control growth. Consequently, Tucson Place was developed using septic systems, which require a minimum of one-acre lots. The City's growth policy has since changed to encourage full development of land within the city to make efficient use 3 of investments in infrastructure and to counter sprawl. For this reason, RS-5 zoning is appropriate for Country Club Estates. However, the Southwest District Plan does recommend that larger RS-5 lots be platted adjacent to the RR-1 lots to provide a transition. The proposed lots in this area range from approximately 1 1,000 square feet to 25,000 square feet. Although the proposed lots are larger than the minimum 8,000 square feet, most of the lots are not significantly larger than what is typically platted in other RS-5 neighborhoods. However, the wetland buffer as discussed below will provide for an open space corridor and a transition between the existing lower density residential area and the proposed development. In staff's opinion, this is an appropriate location for RS-5 zoning because the zoning transition happens on the rear property lines and the wetland provides additional open space. Staff believes that rezoning the land to RS-5 zone would be appropriate and would allow efficient use of land and infrastructure provided that sanitary sewer service and improvements to Rohret Road and Slothower Road are funded. Such a zoning would also be consistent with the Comprehensive Plan vision and compatible with surrounding land uses. If the improvements are not funded then ID-RS is an appropriate zone. Subdivision Design: The applicant is also seeking approval fora 170-lot residential subdivision on this property. The proposed subdivision includes three outlots. Outlots A and C contain most of the environmentally sensitive features, a USGS blue line stream, drainage way, and jurisdictional wetlands. The applicant is proposing to use Outlot C as a storm water management facility as well as the wetland mitigation area. Outlot B is proposed as neighborhood open space to be dedicated to the city. The subdivision design generally complies with the neighborhood principles of the Comprehensive Plan and the Design Standards and Required Improvements of the Subdivision Code. The applicant has proposed a subdivision with varied lot sizes. The proposed lot areas range from 8,000 square feet to 25,426 square feet. Smaller lots are scattered throughout most of the subdivision. The street pattern is laid out in a manner to provide good connectivity within the subdivision, as well as provide connectivity to future development to the north and west. The applicant has proposed six phased additions. The phases jump between the northern portion of the development and the southern portion of the development with the first phase occurring along Lake Shore Drive. Because of the necessary improvements to Rohret Road discussed below, staff recommends for the phases south of the wetlands (with the exception of the lots along Lake Shore Drive and the Fourth Addition) be the last phases of the development. Environmentaay Sensitive Areas: The property contains a stream corridor, critical slopes, and regulated wetlands. The applicant is requesting modifications of the wetlands that are regulated by the SAO, which includes the elimination of wetlands within the proposed Lake Shore Drive right-of-way and in vicinity of lots 31-34 and the reduction of a wetlands buffer in the vicinity of lots 3 - 8. These wetlands are proposed to be replaced by compensating wetlands to be constructed in Outlot C. A Level II Sensitive Areas Review is required prior to development due to this modification. A Level II Sensitive Areas Review is considered a type of planned development and as such must comply with the applicable approval criteria for Planned Development Overlay. 4 For a property containing a regulated wetland, a Wetland Mitigation Plan is required to be submitted along with a Sensitive Areas Development Plan. The mitigation plan should delineate the wetlands and the required natural buffer area, and delineate a construction area limit. The SAO strongly encourages avoiding delineated wetland areas and minimizing the impact of development on the wetlands, and therefore requires thorough investigation and consideration of alternative development design before compensatory mitigation is considered. The SAO requires an undisturbed, 100-foot natural buffer between any development activity and a regulated wetland unless said development activity is exempted. Regarding the elimination of wetlands within the proposed Lake Shore Drive right-of-way and in the vicinity of lots 31-34, staff recognizes that reduction of this portion of the wetlands that are not directly associated with the drainage way can be justified and meet the SAO requirements provided that the long-term maintenance of the compensatory wetland area is addressed. Staff believes that this provides opportunities for development on the southeastern portion of the property while a larger reconstructed wetland will be created within the stream corridor. Approximately .55 acres of wetlands will be eliminated in the Lake Shore Drive right-of-way and in the vicinity of lots 31-34, however 2.15 acres of wetlands will be created in the northwest portion of Outlot C. A 100-foot buffer has been placed around all other regulated wetlands. At the time of final plat approval, a mechanism will need to be created to provide for the long-term maintenance of the wetland areas by the homeowners association. Section 14-3A-4J states that the developer must submit a legally binding instrument setting forth the procedures to be followed for maintaining the private shared open space and for financing maintenance costs. The applicant also proposes to use Outlot C as a storm water management facility for the proposed development. This necessitates grading and filling within the stream corridor, the wetlands, and the associated buffers. The mitigation plan states that out of the 2.83 acres, a total of 1 .0 acres will be impacted by this and other infrastructure related development. Staff believes that the impacted area may be significantly more than reported in the mitigation plan because most of the ground within Outlot C will be graded to function as a storm water detention facility and storm water and sanitary sewer lines will be installed in the stream corridor and the wetlands within Outlot A. Essential public utilities such as storm and sanitary sewers, water mains, gas, telephone and power lines, and storm water detention facilities are permitted within protected sensitive areas if they are designed and constructed to minimize their impact upon the protected sensitive areas and associated buffers. There is some concern amongst staff about the combination of the wetlands and the storm water detention. The SAO does not require the two to be separated, but it does require submission to and approval by the Army Corps of Engineers for any development activity within a wetland area. The Corps has recently changed some of its mitigation and delineation requirements and it is the responsibility of the applicant to meet these requirements. Currently the wetland area includes a blue line stream on the USGS maps and some lower quality wetlands. The applicant proposes to enhance, reconstruct, and expand the existing wetlands. Staff consulted with a wetland specialist, who indicated that the existing wetlands are of a low quality and that the proposed reconstruction would improve the area. However, she too was apprehensive about the mixing of storm water detention and the wetlands. The applicant proposes the use of sediment traps as a means of storm water runoff treatment and is proposing several measures to slow the flow of storm water through the wetland area in 5 order to create a more viable and diverse wetland area. The applicant has provided the Army Corps of Engineers with the plan for review and approval. The Corps has not had time to review the submission and may require additional information from the applicant. If the Corps determines that the proposed design minimizes the impact on the wetland and the buffers, then staff believes that the design is appropriate. Staff recommends that any approval be subject to the Corps approving the Wetland Mitigation Plan. In the absence of Corps approval, a redesign of the wetland areas and the storm water management would be necessary. Traffic imp/ications, access, and street design: Currently, the property can be accessed from Phoenix Drive and Lake Shore Drive, which is partially completed in Country Club Estates Second Addition to the north. The proposed development will include an extension of the southern portion of the north-south collector street -Lake Shore Drive, which will connect to Rohret Road. The Southwest District Plan states that the north-south collector street between Melrose Avenue and Rohret Road should be configured so that it is not used as acut-through route for non-local traffic. Staff believes that the design of Lake Shore Drive with curves and a number of intersections accomplishes this objective. Lake Shore Drive will also divert some existing traffic from Phoenix Drive. The proposed subdivision can also be accessed from the north by Slothower Road via Melrose Avenue and from the south by Rohrer Road. Both Rohret Road and Slothower Road are currently chip-seal surface streets and require substantial improvements to meet City Standards, including right-of-way acquisition. Because this is a major development, with a significant number of new residential lots, vehicular traffic, as well as pedestrian and bicycle traffic on Rohret Road and Slothower Road will increase. Improvements to Rohret Road and Slothower Road are not yet included in the Capital Improvements Program (CIP). Therefore, Staff believes that in order to provide access to this development, as a condition for this rezoning, the applicant should improve the portion of Rohret Road that is adjacent to the proposed lots (lots 1 and 38) in the first phase on the development. Development of the Fourth Addition (lots 39 to 60), Sixth Addition (lots 88 to 1 15), and Eighth Addition (lots 140 to 170) should not occur until the developer has paid their fare share of the cost of improvements to Rohret Road and the improvements are included in the CIP. If Rohret Road is not included in the CIP, staff recommends that ID-RS zoning be retained on the Sixth Addition (lots 88-1 15) and Eighth Addition (lots 140-170) unless the applicant agrees to improve the portion of Rohret Road adjacent to the subdivision. Because of the substantial amount of construction that will be required to improve Rohret Road, Staff is recommending that the Sixth Addition (lots 88 - 1 15) and Eighth Addition (lots 140 - 170) be the last phases of the development, unless Rohret Road is improved prior to or simultaneously with their construction. Slothower Road will also need to be improved as lots develop. Currently Slothower Road is a chip-seal surface street with approximately 12 feet of pavement width. Although Slothower Road is in good shape physically, the 12 feet of width is not adequate for two vehicles to pass. This is acceptable for the current low traffic volumes, as the road functions essentially as an access drive to a limited number of properties. It is not acceptable for a street accessing an urban residential subdivision. Transportation planning staff recommends that Wildcat Lane be barricaded at Slothower Road until Slothower Road is reconstructed either to city standards, or at a minimum widened to a 22-feet wide chip seal road (rural residential 6 standards). A .sign at the barricade indicating that the dead-end will eventually be opened to Slothower Road is shown on the plat. As a requirement of the Subdivision Code, The applicant/owner is required to dedicate land to the City as public right-of-way for both Rohret Road and Slothower Road, and provide necessary utility and construction easements. The applicant/owner will be required to share the proportional cost of improvements of the portions of these roads that are adjacent to the subdivision. Because the subdivision is located on only one side of each street, this amount is equal to 12.5% of the total cost of improvements to the portion of Rohret Road (an arterial street) that abuts the property and 25% of the total cost of improvements to the portion of Slothower Road (a collector street) that abuts the property. A portion of Slothower Road near the southwest boundary is in the county jurisdiction. This section of the street does not have a paved surface and is rarely used. If this section of Slothower Road is not relocated or vacated, twelve lots along Prescott Lane in the proposed subdivision will be double-fronting lots. To address this concern the applicant has indicated that a request has been made to the County and adjacent property owner to vacate the southern potion of Slothower Road. If it is not vacated the subdivision should be redesigned to eliminate the double-fronting lots. Staff recommends that the vacation of this portion of Slothower Road be a condition of preliminary plat approval for all lots west of Desert Lane (lots 88 - 1 15 and 152 - 1701. In Staff's opinion, this would leave sufficient land to layout an alternate subdivision design that includes Slothower Road if it is not vacated As part of the proposed subdivision the east-west neighborhood streets, Wildcat Lane in the northern portion of the subdivision and Tumbleweed Terrace in the southern portion will be extended to the west boundary of the property. Wildcat Lane also extends to the northern boundary of the property. Dunley Court will create a connection between Slothower Road and Lake Shore Drive, which will function as the collector streets between Melrose Avenue and Rohret Road until Lake Shore Drive is extended further North. Other new neighborhood streets; Cactus Court, Desert Lane, Mesa Court, Prescott Lane and Prescott Court, and Tempe Place will serve the proposed subdivision. The subdivision contains two cul-de-sac streets in the southern portion extending from Tumbleweed Terrace. Staff is recommending that a sign to be placed at the northern end of Wildcat Lane indicating that the dead end is temporary and that Wildcat Lane will eventually be extended into the neighboring property. The sign location is shown on the plat. The subdivision regulations state that for blocks longer then 600 feet amid-block pedestrian connection must be provided between adjacent streets. The plat shows 20' sidewalk easements from the end of the Cactus Court and Prescott Court cul-de-sacs bulbs to Rohret Road. These satisfy fhe requirement for mid-block pedestrian connections. To provide adequate secondary access and to minimize traffic related to the construction activity through the existing neighborhood, Staff believes that the construction of Lake Shore Drive to Rohret Road should be required in the first phase. Since Country Club Estates First and Second Addition were platted, the Subdivision regulations have changed. Most importantly, right-of-way width and sidewalk widths have gotten larger. Previously, collector streets were required to have aright-of-way width of 60' with 4' sidewalks and local streets were required to have aright-of-way width of 50' with 4' sidewalks. In the new subdivision regulations collector streets must have aright-of-way width of 66' and local streets a right of way width of 60', with sidewalks being 5' in both 7 instances. It was determined by Staff that the most appropriate location to make the transition in right-of-way widths and sidewalk widths was at the intersection of Lake Shore Drive and Dunley Court. Some of the proposed lots along Slothower Road (91 - 95, 138 - 139, and 164 - 170) and Rohret Road (1, 38, 142 - 143, 148 - 149, 1 54 - 155, and 163 - 164) are double fronting lots. The subdivision regulations discourage such lots. If such lots cannot be avoided the following standards apply: 1 Lots with multiple frontages shall be 125% of the required lot area for the zone. Corner lots with only two frontages are exempt from this requirement. In this case, the minimum lot area in the RS-5 zone is 8,000 square feet. Double frontage lots are required to be 10,000 square feet. • Lots 93 - 95, , 143 - 144, 155 - 156, and 166 - 171 must meet this requirement. • Lots 93 - 95 and 166 - 171 do not meet this requirement, but this can be avoided with the vacation of the southern portion of Slothower Road as discussed earlier. 2 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 and shall be required along with other public improvements for the property. No solid fences are allowed within this buffer area. This restriction must be noted in the subdivider's agreement and on the plat. • All the lots along Rohret Road (1, 38, 142 - 143, 148 - 149, 154 -- 155, and 163 - 164) must meet this requirement • A landscape buffer is shown along Rohret Road on the plat. The dead end created by Wildcat Lane extending to the north property line is longer than 150' maximum required by the Fire Department. A temporary fire-apparatus accommodating turn- around is required in this location and is shown on the plat. Neighborhood park/and or fees in /ieu of Based on the Neighborhood Open Space Ordinance, a subdivision of this size is required to dedicate 1 .95 acres of open space or pay fees in lieu of dedication. To pool all the neighborhood space for the entire Country Club Estates, at the time of previous subdivision plats, staff had recommended that the neighborhood open space or fees in lieu of should be considered at the time of future proposals. The Open Space requirements for Country Club Estates Part 1 and 2 (0.25 and 0.40 acres respectively) would be 0.65 acres. Therefore, total neighborhood open space required to be dedicate is 2.6 acres. The proposal identifies Outlot B containing approximately 4.63 acres as an area to be dedicated to the City. The Parks and Recreation Commission has considered the plat and voted in favor of accepting the dedication of Outlot B. A 50' wide opening with a service drive and sidewalk provides access to the open space from the neighborhood at the intersection of Tempe Place and Wildcat Lane Storm water management The plan shows a storm water detention easement located within proposed Outlot C, which also includes the proposed wetland mitigation area. Engineering staff is still reviewing the storm water management plan, as portions of the subdivision do not drain into the proposed detention basin. As noted above the Army Corps of Engineers will need to approve the 8 wetland mitigation and storm water management plans. In the absence of Corps approval, the wetland and storm water management will need to be redesigned. /nfrastructure fees: Water main extension fee of 5395 per acre is required. The applicant will also be required to pay their fair share of improvements to Rohret Road and Slothower Road. If Rohret Road is not included in the CIP, staff recommends that ID-RS zoning be retained on the Sixth Addition (lots 88 - 11 5) and Eighth Addition (lots 140 - 170) unless the applicant agrees to improve the portion of Rohret Road adjacent to the subdivision. STAFF RECOMMENDATION: Staff recommends that REZ08-0001 1, rezoning of approximately 62.87 acres located north of Rohret Road from ID-RS to RS-5 (18.58 acres) and from RR-1 to RS-5 (44.29 acres) and SUB08-00010, a preliminary plat of Country Club Estates Part 3-8, a 170-lot, approximately 82.3-acre residential subdivision with three outlots, located north of Rohret Road, be approved with the following conditions: 1 . The portion of Rohret Road adjacent to lots 1 and 38 being improved to City standards by the developer and the extension of Lake Shore Drive being completed in the first phase of development; 2. Development of the Fourth (lots 39 - 60), Sixth (lots 88 - 1 15), and Eighth (lots 140 - 170) Additions shall not occur until the improvement of the remainder of Rohret Road is in the CIP and the applicant/owner pays their fair share (12.5%) of the improvements If Rohret Road. If Rohret Road is not included in the CIP, then ID-RS zoning is to be retained on the Sixth (lots 88-1 15) and Eighth (lots 140-170) Additions unless the applicant agrees to improve the portion of Rohret Road adjacent to the subdivision; 3. The Sixth (lots 88 - 1 15) and Eight (lots 140 - 170) Additions shall be the last phases of the development, unless Rohret Road is improved prior to or simultaneously with their construction; 4. The southern portion of Slothower Road being vacated, such that lots 91 - 95 and 164 - 170 do not become double fronting lots. If the southern portion of Slothower Road is not vacated, no lots west of Desert Lane (lots 88 - 1 15 and 152 - 170) shall be preliminary platted and an alternate design shall be created that eliminates the double fronting lots; 5. The Wetland Mitigation Plan being approved by the U.S. Army Corps of Engineers; 6. Along term maintenance plan for the wetland private open space by the Home Owners Association being included in the legal papers with the final plat; DEFICIENCIES AND DISCREPANCIES: 1) Provide information about the disturbance of regulated slopes 2) Identify and delineate all the construction limit lines to avoid disturbance of sensitive areas 3) Revise the impacted area of the wetland within the stream corridor limits and compensatory mitigation 4) Revise the buffers for created wetlands 5) Submit Site Grading and Erosion Control Plan 6) Other deficiencies and discrepancies identified by the City Engineer ATTACHMENTS: 1. Location Map 2. Preliminary plat 3. Correspondence Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development a a aN3o o ',~ ~ O ~\p O O i 00 o, ~ o C ~~~r N e ~ o \ °w r ~ ) _¢ ~ / J a0 31aIVad OIIM Q ', I '', 0 o ~ o o 3hV a31VVN o a __ 0 M w -~ a ~ .__ w Z _. _.. _. I. '. J..._ ~ -: 6 _..... '. W ay y O dp ~~O ~ w N w Y ~ U N .. 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'; wm. 3 u / I ~j ~ \ ~ ~ 'a I~ A ~K ~ ~,'"P° ~ 12 ~ ~ • irurvl."w`imi ~ „I LA[dDSC~A{PE BUFFER CROSS SECTION DEfAiL 1aoAnw >ot T ro wBl[ i - koxxxr SOLO Aalrnr ro LoT x lroxacr wIO IB+BCOIT m ux 1 tr-r uew TWICAL STREET SECTION TYPICAL STREET SECTION O ~ ~ ~a a x~~o~.w~IBs NOT TO SCALE NOT i0 SCALE ggx ~I ~ ~ ~ ~ ~' ° fxf o~ ~Zm 4~E3~ ~ ~~ -1~A ,~_ ~ aza ~~~ ~ ~I ~ ~ ~ ~ o ~~m I ZD~ ~4~~~ ~~°y° oQ~~~~~zzro~ 1~I_~~ I ~ i ~ ~ ~ ~ > 'O m nr CCSS PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN COUNTRY CLUB ESTATES THIRD, FOURTH December 29, 2008 Christina Kuecker Associate Planner City of Iowa City Iowa City, IA 52240 Dear Christina: As recommended, we are putting our thoughts and concerns in writing regarding the application from S&J Development LLP requesting a rezoning of the property located within the Country Club Estates development (REZ05- 00019/SUB02-00029). We greatly appreciate the efforts of you and your team in keeping us, and the other neighbors, informed regarding this most recent request by the developer. Besides meeting with you, we also attended a "Good Neighbor" meeting on this current request in order to better understand the proposal from the developer. The "Good Neighbor" meeting was held on December 10, 2008 and was led by Duane Musser from MMS Consultants, Inc. and Brian Speer representing the Developer. This meeting was well attended by numerous neighbors who had received notification and are impacted by this planned rezoning/development. Although the meeting was useful for us to better understand what the current proposal is from the developer, it clearly was not intended to gather feedback from the neighbors to be considered by the developer for potential changes to their proposed plans. In fact, when asked, Duane stated that the purpose of the meeting was "not intended to gather input to be used to consider modifications to the proposal" and instead it was simply to "be able to tell the Planning & Zoning Committee that they had held a neighborhood meeting". He also stated that the meeting was intended for them "to gather comments and concerns from the neighbors to allow them to have ammunition to go to the P&Z staff and refute the objections and concems raised by the neighbors". At this meeting they had 2 plat maps, one showing high-density multi-family housing in the current ID RS zone which they stated that "the City wanted them to put in" and a second one showing no multi-family housing, which they said "they are pushing for". However, this current proposal requests the rezoning to allow for a total of 171 lots versus their previous proposal for which they were seeking approval for 154 total lots. When asked why they felt they needed to have the property rezoned from RR1 to RS 5, they stated that there was "no market for close-in lots of this size" and that they felt they could not get as much money for the 1-acre lots versus subdividing into smaller lots, "essentially, it comes down to money". They provided no information in support of this claim. Also, when asked about the lack of any trails to allow connection to other neighborhoods and park space, they indicated that "the City did not ask for any trails, so we did not plan for any in our proposal". While I can appreciate their honesty in regards to the purpose of this particular meeting, it was clearly one-sided and comes off as very arrogant, and does little to alleviate our concerns that the developer is only interested in maximizing the number of lots that they can squeeze into the available property. By only being interested in maximizing their profits, the developer has missed a golden opportunity to work with the people most directly impacted by this proposal and shows total disregard for being a "good neighbor" in this process. This proposal seems to continue to ignore a number of the planning principles put forth in the comprehensive plan for the Southwest District. A key question is, why does the comprehensive plan exist if a developer is not going to use it when proposing a new development within the appropriate district? Based on our understanding of what is being proposed, we would like to list a summary of our concerns, followed with a more detailed list with recommendations for consideration on the issues we identified. • Lack of transition/integration, as called out in the comprehensive plan for the Southwest District, from the larger existing acreage lots in the adjacent neighborhood to proposed smaller RS5 lots. • The negative, long-term impact that a development of this density will have on the stream corridor, existing wetlands, sensitive areas, existing earthen dam (potential for breach) and lack of safety measures, and the lack of a sustainable long-term mitigation plan to offset the impact. • Lack of interconnected trails and adequate publicly accessible green/park space for a development of this size. Location of current park space is not centrally located or accessible to majority of proposed development. • Proposed road design (specifically Lake Shore Dr.) raises safety, noise and cut-through concerns. • Lack of preservation of rural character of existing area as called for in the Southwest District plan. • Impact on current infrastructure and available community services within the Southwest District area. More detailed concerns with related commentary and stated recommendations. • Lack of effective transition/integration between existing larger RR1 zoned properties and proposed rezoned RS5 properties - Awell-planned transition will reduce the potential negative impact on existing property values of bordering properties. There are a large number of lots that are 0.2x acres with some having astreet- facing dimension of only 65' (feet). This lot size will not allow builders to build similar houses that will integrate well with the current character of the existing Southwest Estates and existing Country Club Estates neighborhoods. o Recommendation -Our first recommendation is to leave the current zoning "as is" since this area already has available existing RS5 zoning that will allow for similar lot sizes for the adjacent Country Club Estates neighborhood. Leaving the current RR1 zoning intact will eliminate the concern regarding lack of transition and also will reduce the density of the development, helping to lessen the negative long-term impact on the stream corridor, existing wetlands, and sensitive areas. o Recommendation - If rezoning is to be allowed, then we propose rezoning by using an approach that utilizes a phased reduction of lot size from RR1 down to RS5. Inclusions of landscaping buffers should also be combined with this phased approach to further reflect a more orderly transition, as called for in the comprehensive plan's planning principles. Iowa City has clearly shown that there is a continual need to have close-in; larger lots that are marketable even in a down economy. The negative long-term impact on the stream corridor, existing wetlands and sensitive areas -Having lived in this neighborhood for more than 7 years now, one of the most surprising things to us is the amount, and variety, of wildlife that is able to co-exist in the Southwest District, despite the encroachment of continued development and farming. Due to the established pond, stream corridor, prairie and existing wetland areas, the Southwest District neighborhood families are currently able to enjoy viewing on a regular basis deer, bald eagles, red-tail hawks, foxes, numerous pheasants, muskrats, raccoons, herons, geese, a variety of ducks, coyotes, and I'm sure many other species we may have failed to notice. Any sustained development near the wetlands area (and corresponding buffers) will negatively impact this natural wild life habitat resource currently enjoyed by the neighborhood families and diminish the overall value of the area as a whole. Another key concern is the potential impact that changes may have on the water table level and future watershed/drainage problems. Our understanding is that this wetlands area is required as an easement due to the presence of the upstream earthen dam. In the event of a major breach of this dam, any development too close to this area will cause a significant safety concern for residents and introduce liability issues for all parties responsible for changes to this area. The pond, earthen dam and downstream wetlands are intimately connected. Decisions regarding development in this area must be made with this in mind. Based on our specific time here over the last 7 years, we have experienced some very wet years where we had a considerable amount of water running through the natural drainage ways. o Recommendation - We would recommend considering a redesign of the current lot layouts that would allow for a conservation easement along the wet land areas, which can also provide for the inclusion of required trails. Such an easement would help mitigate the impact of lawn chemical runoff into the wetlands, as well as help to add more of a focal point within the development. This would also help greatly support one of the key principles of "preserving the rural character" desired by its citizens of the Southwest District for this new neighborhood. • Minimal Park, Green space, Trail Allotment -although there is currently designated park space in the proposed development plan, it is woefully lacking to meet the needs of the currently proposed addition of 171 families (lots), along with the neighboring properties. This is the best opportunity at this stage of the development to plan adequate space to truly meet the needs of awell-planned, community-oriented neighborhood that can provide the facilities for a good work-life balance. Once the land has been developed, there will be no going back to try to accommodate such requirements. o Recommendation -consider allotting additional, more centrally located park space, while planning sufficient trails and connecting sidewalk space to ensure an "interconnected" neighborhood and park system. This concept received "overwhelming support" from the citizens during the district planning meetings. Such family-friendly amenities will significantly enhance the perceived value of the lots and will likely offset any required trade-off in initial total projected lots envisioned by the developer to ensure a fair return on their investment. One idea to consider is to provide park space on both sides of the current stream corridorNvetland which can not only act as a conservation easement, it can also meet the need to provide for trails and act as a focal point for this neighborhood. This will also allow it to retain some of its rural character, which is currently missing in the proposed design of this development. Proposed Road Designs -the current proposed design of Lake Shore Drive increases the risk that this street will become a major cut-through street for nonresidential traffic accessing Rohret Road from Melrose Avenue (and vice versa), connecting these two heavily traveled roads. This could include heavy commercial traffic, as well as heavy traffic going to the county landfill, West high school, and even traffic to/from the Coralville area. Residential streets are not designed for this level/type of traffic and it introduces significant safety/liability issues, if this current design is approved. A well~fesigned residential neighborhood should have streets designed with the neighborhood as the destination point, not as cut-through streets. o Recommendations -redesign the street layouts within the proposed development to prevent any possibility of them becoming through streets (now and in the future). This should include a more circuitous route to diminish its desirability to be used as acut-through route for non-local traffic. The intersection by the existing pooVtennis court area needs to be designed with the appropriate level of safety concern for the local bicycle/pedestrian traffic that will be present. • Impact on Infrastructure (roads, sewer, water, etc), schools and community services (police, fire, recreation, etc.) -allowing rezoning of current RR1 to a higher density RS5 will have significant implications on the existing and required infrastructure, schools and community services. o Recommendation -the new infrastructure requirements should be met in advance or at least in parallel with the plans to build out such a large development. A coordinated, comprehensive plan that incorporates all of the other departments and agencies impacted should accompany any approval of this proposal. Failure to do so will significantly impact existing residents and increase risks/liabilities associated with any short-fall in such areas. Although this letter reflects our specific concerns/recommendations, during this and the previous proposed rezoning efforts, we have had discussions with many of our neighbors who have expressed similar concerns and ideas on this proposal. As such, you can anticipate that there will be more communication from the neighbors on these concerns during the upcoming meetings. Thank you for your time and consideration on these issues. We look forward to working with your team, the Developer, and the City Council to help ensure that Iowa City remains a city that continues to attract /retain families and businesses based on its well-planned neighborhoods and family-oriented perspectives. Sincerely, Lany and Sarah Jewell 53 Tucson Place Iowa City, Iowa 52246 ICJewellst'c~mchsi.com Cc: Robert Miklo 3 Christina Kuecker From: Gordon Dyer [dyergord@gmail.com] Sent: Wednesday, January 07, 2009 8:20 AM To: Christina Kuecker Subject: rezoning on Rohret Road Dear Ms. Kuecker I live at 4115 Rohret Road. I have a few concerns in relation to the proposed rezoning near our property. 1. Increased traffic - there is a safety issue with Weber school nearby. The plan includes three new streets entering Rohret Road. There is currently a problem with traffic driving driving considerably over the speed limit and many cars not stopping before entering Rohret Road from side streets - this will only get worse. 2. Weber School is full - where are these additional students going to go to school. 3. Density issues - many existing homes in the area are on large lots - this development is more dense than some of the adjacent or nearby homes. 4. A rumor is floating in the area that there are plans to include subsidized low income housing in the development - if true, this would be a major problem as it would devalue existing property and potentially increase crime in an area that is currently very low crime. Thank you for your consideration, Gordon Dyer 4115 Rohret Road Iowa City dyergord@gmail.com 1 3305 Rohret Road SW Iowa City IA 52246 January S, 2009 Christina Kuecker Associate Planner City of Iowa City Iowa City, IA 52240 Dear Ms Kuecker: We greatly appreciate the efforts of you and your team in keeping us, and the other neighbors, informed regarding this most recent request by the developer made in the application from S&J Development LLP requesting a rezoning of the property located within the Country Club Estates development (REZOS-00019/SUB02-00029) and especially since we feel that it is not in-our best interest, nor is it in the best interest of the majority of the neighbors, the southwest district community or the City of Iowa City. Furthermore, it does not comply with the comprehensive plan for the Southwest District. I (Judy) attended a "Good Neighbor" meeting on this current request in order to better understand the proposal from the developer. I was chagrinned to see that they were not listening to our concerns with any intent to resolve them. Instead the meeting appeared to be merely a means with which they could check off something on their required `to do' list. In my mind they were following the letter of the law but certainly not the spirit of it and we concur fully with the statements made by Larry Jewel about the developer''s use of manipulation to scare neighbors into accepting their proposal. As recommended we are documenting our concerns as follows: First, we agree fully with every stated concern listed in a letter from Larry and Sarah Jewel sent to you earlier. We state that every concern listed in their letter, attached here as part of our letter, is also a concern of ours. In addition, the impacts to us personally with the required Rohret Rd. expansion are great. As you can see by the map, our land is narrow and long against Rohret Rd. This current proposal will inevitably require Rohret Rd to be improved and widened to support the increased density planned by the proposal but does not incorporate the land needs required for road enhancements into their plan, and instead pushes the expansion to our land. This proposal will cause us to loose a significant portion of our land, (look at the property and calculate it yourself). We do not think that we should be required to loose a major chunk of our land, many of our apple trees (those along Rohret Rd.), wind and road buffers, walnut trees, front yard, and drive to road development so that a corporation can increase their profits. That is unjust and the power of eminent domain should be administered in a just manner. If the developers are going to increase the density of the land such that road improvements are necessary they should redraw the plan to accommodate that need from the land they are developing and bear the burden, not simply shift that burden to us. Let them redraw the plan so that future road improvements come from their land. We have been working for years to build an organic designated property in order to eventually offer for sale "certified organic" fruits and vegetable. The proposed increased density and widened road will only cause more pollutants in the runoffwe get now. Ties will affect both our personal health and our financial health by further affecting our ability to gro::~ organic ±'naits wnd vege±wbles. The increased density planned will destroy our rural lifestyle and reduce the value of our land and home significantly. It will impact our mental health as well. We do not mind neighbors, but the neighbors should have a similar mindset or lifestyle. Increasing the lot sizes for those directly across from our property so that a transition, specifically called out in the comprehensive plan, is maintained between those individuals who choose to live a more rural lifestyle on an acreage in harmony with nature and those who choose to live in a city subdivision on small lots and treat their lawns with chemicals to meet covenants and/or neighborhood pressures would help considerably. Thank you for your time and consideration on these issues. We look forward to working with your team, the Developer, and the City Council to help ensure that Iowa City remains a city that continues to attract /retain families and businesses based on its well- planned neighborhoods and family-oriented perspectives. Sincerely, / r ~~, Judy (formerly Judy Rohrer) and Dave Tokuhisa Rai and Rebekah Tokuh~sa Amanda, Adam and Jason Rohrer 3305 Rohret Rd SW Iowa City, Iowa 52246 Judy. Tokuhisa@Vangent. com January 24, 2009 Planning and Zoning Commission City of Iowa City Iowa City, Iowa 52240 My wife and I, along with many impacted neighbors, have previously expressed our objections to the current proposed rezoning and development plans for the Southwest district (Country Club Estates) area. However, we would like to take a moment to further reiterate our specific obiections to the proposed extension of Lake Shore Drive as a designated connecting street between Rohret Road and Melrose Avenue. We feel the current proposed design places the street too close to existing properties within the Southwest Estates neighborhood and fails to provide sufficient noise and sight buffers to prevent a significant negative impact on current, and future developed, properties. The current elevation of the soon to be developed property situates the street such that the headlights from vehicles traveling this, and adjoining streets, will shine directly into the existing Southwest District houses bordering this proposed development. Also, this proposed street is currently designated as a collector street, which is rated to allow up to 2,500 vehicles a day. Besides the potential volume of traffic that will be allowed to travel the street, the current design reflects no consideration for diminishing its desirability as a cut- through street (as called for specifically within the Comprehensive Plan). It is currently designed to align with an existing chip-sealed street (Rohret Court SW) that goes into an unincorporated neighborhood. Although there is a side street that exits to Maier Avenue SW from this neighborhood, Rohret Court SW is a dead-end street. It has been stated by the planning staff and the developer that a key reason this street alignment location was selected was to minimize the cost to the developer. However, it does not take into consideration what is best in the long run for this overall proposed development and the existing impacted neighborhood. We would strongly urge that repositioning of this road be reconsidered to move it further away from the existing established properties to minimize any negative impacts. It does not make sense to allow rezoning of the current RR1 zoning and placement of a collector street to be located so close to existing properties. As an alternative, we feel serious consideration should be given to opening up the existing Slothower Road as the primary collector street for this newly planned neighborhood. Even though part of Slothower Road is not within the City limits, all options should be thoroughly explored with the County before a final decision is made. There are also other design options that should be considered as well, if the Slothower Road does not represent a viable option. If the current proposed design is not changed, we specifically request that the developer be required, at a minimum, to install an adequate noise and landscaping barrier along all impacted properties within the Southwest Estates neighborhood to mitigate the noise that will be generated from the traffic based on this current street design. We also have requested that the 100 foot wetland buffer remain in place and not be reduced to 25 feet as currently requested. Thank you for your time and consideration regarding these concerns. Larry and Sarah Jewell Page 1 of 2 Christina Kuecker From: Nancy Hitchon [nhitchon@gmail.com] Sent: Monday, January 26, 2009 1:40 PM To: Christina Kuecker Subject: rezoning for country club estates Christina, If you could please pass this on to the Planning and Zoning Commission. I'm not certain the Commission is understanding my concern over Rohret Rd even before its improvement. As it stands now we only have one road yet to be open off Rohret Rd and that is Shannon St to Galway subdivision. Again if something blocked Rohret Rd at 218 we have no accesses to an Iowa City street and city emergency equipment (Weber Elementary is there also). The city has continued this expansion to date without taking this safety concern into consideration. As was discussed Maier Rd is a county gravel road. Rohret Ct is a dead end into an unincorporated neighborhood and a different street surface. This also makes it unnecessary to line up Lakeshore Driue to this road shinning car lights into homes and cutting into large lots already developed with home owners. I have spoken with Dave Elais from the city about the smell from the landfill. Since the floor debris taken in we have had a foul su fide Oder to deal with. He states WE rarely have odor complaints. Two things can be concluded: more people live closer to the landfill and the landfill is producing more odors ". With this now a problem you will be moving more people closer to 1 mile of the landfill! Until this problem is corrected this seems very irresponsible. Please take this into consideration. Nancy Hitchon 2g Tucson Place 1 /26/2009 3305 Rohret Rd SW Iowa City, Iowa 52246 February 2, 2009 Christina Kuecker Associate Planner City of Iowa City Iowa City, IA 52240 Dear Ms Kuecker: As neighbors we appreciate the opportunity to participate in the request for a rezoning of the property located within the Country Club Estates development (REZOS00019/SUB02-00029. I am offering more details to the low cost, low impact solution that Mr. Witold Krajewski suggested at the last formal meeting of the Planning and Zoning Commission. Mr. Krajewski suggested the centerline of current Rohret Road SW be moved to the north by about 17 feet. This would be along the southern boundary of the proposed development. Current situation. 1. The current right-of--way of Rohret Road SW is approximately 66 feet wide. It is contains Rohret Road SW, which at this point is a chip seal surface with drainage ditches along both sides. South of this right of-way, there are a number of properties with well established houses. 2. Expansion of the Rohret Road right-of--way would entail the loss of an approximately 17 foot wide strip of land along the south side of the current right of-way. 3. This 17 foot strip contains a number of long established and large trees including a large number of evergreens, walnut trees, fruit trees, maple and oak trees. 4. These trees provide a buffer between the existing homes and Rohret Road. They also provide a windbreak, sheltering the homes from the often strongwest and north winds. It is not uncommon to have winds in excess of 30 miles per hour, as this road is on the crest of a ridge. These windbreaks provide shelter from these winds, reducing heating costs and reducing the drifting of snow. In the late summer afternoons they provide ample shade. 5. These trees also add much to the esthetics of that neighborhood along Rohret Road SW. Benefits of moving the center line of the Rohret Road SW 17 feet north to allow the desired 100 foot right of-way: 1. Greatly mitigate the effects of a number of issues of the proposed development affecting the current and future residents along the south side of Rohret Road SW. 2. Reduce cost of the righ~of--way purchase by greatly reducing the number of large shade trees within the proposed 100 foot width. The land to the north of the current right-of-way is currently farmed and has no trees along the road. 3. Use of the current right of way is not lost. This would also mean that current utilities would not have to be moved from the south side. 4. Reducing the effects of vehicle headlights on the homes of the existingresidences at the intersection of Rohret Road SW and Rohret Court/Lakeshore Drive. There would also be sufficient room to increase the number of trees buffering those properties. 5. The center line could be shifted without adding any additional bends to Rohret Road SW. See enclosure 1, Proposed Centerline Shift for Rohret Road SW. 6. Maintain the existing trees and the esthetics, along with the environmental and energy saving benefits. Keep Iowa City a beautiful city. Without the shift the properties to the south would look bare. To support our recommendation, we suggest the following: Iowa City and the Johnson County establish the center line of an expanded rightof- way 17 feet in a northerly direction from and parallel the existing right of--way. 2. The bends in Rohret Road just west of Slothower Road and at Rohret Court be used to shift the center line so as to not create any additional bends in the widened road. 3. The developer deed the additional 17 feet of right of-way to the City of Iowa City at no additional cost Thank you for your time and consideration on this issue. We look forward to working with your team, the developer, and the City Council to help ensure that Iowa City remains truly a "Tree City" of the National Arbor Day Foundation's program Sincerely, I Encl: as Judy (nee Rohrer) and Dave Tokuhisa Rai and Rebekah Tokuhisa Amanda, Adam and Jason Rohrer 3305 Rohret Rd SW Iowa City, Iowa 52246 Judy. Tokuhisa@ V angent. com cc: City of Iowa City Planning and Zoning Commission r ~i __ .a_ ._ _ - -- ~- ~ ~ O -~ ~ ~: . ~..~, ~ ~ .f v ~,; .. ~- ~ ~. ~ -< 0 o ~ ~ ~ 4r J_ ~, ~ c3~ . t Q r ~ 4 1 ~ z °~' ~' ~ ~- v 3 a a N ~C p a~ ~; ~ ~ ~ ~ ~ a,~~o~/ ~_ ~-_ S. _ l` o ~z s ~ ~ c , f _ ~ ~ Q _~ _ ~ ~ r 3 ~ . - ~~ - ~ 0 ~ , _ - _ ,_ t - __ ~ ~ W _~ ~ ~ ~ ~ V Q ~' _ ~ , O ~. _ ~~ ~ _ ~ ~ __ - ~ _ _ " ~ ~~ ~ ~~~ ~~~ r~ 1.. ~" , r ~~ ~~ `, _ a`_ ~ __ ~_ _ ~ ~ r L _.~ ~ s~ S. ~ v ~ ~~~,~ ~, . ~~ Page 1 of 2 Marian Karr From: ICJewells [ICJewells@mchsi.com] Sent: Tuesday, February 17, 2009 7:56 AM To: Ross Wilburn Cc: Council Subject: Re: Letter Regarding Rezoning And Proposed Development in SW District Mr. Wilburn, I understand and am fine that this, and any further communication related to the rezoning, will become public record. I also understand that any meeting with myself and neighbors, along with the content, would become public record as well. Although we realize that we will have an opportunity to address the city council at the council's public hearing, we do not feel 5 minutes a piece is adequate to ensure our viewpoints are heard and fully understood by the council. This proposed rezoning and development will have a major impact on the existing neighbors within the Southwest District and we would still appreciate the opportunity to meet with our council representative to ensure our issues and concerns can be heard and understood. Please let me know when your schedule might provide for an opportunity to meet with us and I will work to coordinate with my neighbors based on your schedule. Thank you, Larry Jewell Ross Wilburn wrote: Hello Larry. I am leaving for a conference in San Francisco next week and won' t be able to meet with you until sometime after I return. FYI, since this is a rezoning, all communications (including electronic) have to be disclosed as part of the public record (due to a supreme court ruling), so I am forwarding your original email and this brief reply to the city clerk for inclusion in the public record and the council's information packet. Also, after any meeting with you and/or any of your neighbors, I will have to disclose with whom I met and the substance of that meeting about the rezoning. You and your neighbors will also have an opportunity to address the council directly during the city council's public hearing, when the request comes before the city council. Thanks for your correspondence and if you don't hear back from me in a couple weeks for any reason, please send me another note. Thanks you, Ross Wilburn City Council From: ICJewells [mailto:ICJewells~mchsi.com] Sent: Wed 2/11/2009 9:08 PM To: Ross Wilburn Subject: Letter Regarding Rezoning And Proposed Development in SW District Dear Mr. Wilburn, 2/17/2009 Page 2 of 2 Please see the attached letter and let me know your reply. Thank you, Larry Jewell 2/17/2009 Page 1 of 2 Marian Karr From: Ross Wilburn Sent: Monday, March 02, 2009 9:42 AM To: Council Subject: FW: Letter Regarding Rezoning And Proposed Development in SW District From: ICJewells [mailto:ICJewells@mchsi.com] Sent: Sat 2/28/2009 8:51 AM To: Ross Wilburn Cc: Council Subject: Re: Letter Regarding Rezoning And Proposed Development in SW District Mr. Wilburn, As you had suggested in your previous response, I am touching base with you again to see if there is a time available to meet with the neighbors in the Southwest district to discuss our concerns related to the rezoning and development proposal. My understanding is that the public hearing for this proposal is planned for Tuesday, March 10th and ideally, we would like to meet with you prior to that date. Please let me know when your schedule might provide for an opportunity to meet with us and I will work to coordinate with my neighbors based on your schedule. Thank you, Larry Jewell ICJewells wrote: Mr. Wilburn, I understand and am fine that this, and any further communication related to the rezoning, will become public record. I also understand that any meeting with myself and neighbors, along with the content, would become public record as well. Although we realize that we will have an opportunity to address the city council at the council's public hearing, we do not feel 5 minutes a piece is adequate to ensure our viewpoints are heard and fully understood by the council. This proposed rezoning and development will have a major impact on the existing neighbors within the Southwest District and we would still appreciate the opportunity to meet with our council representative to ensure our issues and concerns can be heard and understood. Please let me know when your schedule might provide for an opportunity to meet with us and I will work to coordinate with my neighbors based on your schedule. Thank you, Larry Jewell 3/2/2009 Page 2 of 2 Ross Wilburn wrote: Hello Larry. I am leaving for a conference in San Francisco next week and won' t be able to meet with you until sometime after I return. FYI, since this is a rezoning, all communications (including electronic) have to be disclosed as part of the public record (due to a supreme court ruling), so I am forwarding your original email and this brief reply to the city clerk for inclusion in the public record and the council's information packet. Also, after any meeting with you and/or any of your neighbors, I will have to disclose with whom I met and the substance of that meeting about the rezoning. You and your neighbors will also have an opportunity to address the council directly during the city council's public hearing, when the request comes before the city council. Thanks for your correspondence and if you don't hear back from me in a couple weeks, for any reason, please send me another note. Thanks you, Ross Wilburn City Council From: ICJewells [malto:ICJewells@mchs.com] Sent: Wed 2/11/2009 9:08 PM To: Ross Wilburn Subject: Letter Regarding Rezoning And Proposed Development in SW District Dear Mr. Wilburn, Please see the attached letter and let me know your reply. Thank you, Larry Jewell 3/2/2009 Page 1 of 1 Marian Karr From: Tokuhisa, Judith A ~judy.tokuhisa@vangent.com] Sent: Wednesday, February 18, 2009 2:20 PM To: Council Attachments: City council letter 21009F.doc This correspondence will become a public record. Greetings all, Attached please find my family's comments on the proposed application for development from S&J Development LLP requesting a rezoning of the property located within the Country Club Estates development (REZOS-00019/SUB02-00029). Thank you for considering our concerns. Judy and Dave Tokuhisa 3305 Rohret Rd SW Iowa City, IA 52246 2/18/2009 Judy and Dave Tokuhisa 3305 Rohret Rd SW Iowa City, IA 52246 February 17, 2009 RE: Country Club Estates Development Plan Greetings, We are opposed to the application for development from S&J Development LLP requesting a rezoning of the property located within the Country Club Estates development (REZOS- 00019/SUB02-00029) despite the Planning & Zoning commission's approval. We applaud your efforts to create and maintain a diverse community, and we greatly appreciate your efforts to review this plan with an open mind, using not just information provided by the planning staff and developer but also information received from all interested parties. We understand that development in the area is inevitable and are not opposed to it, but feel that this particular plan adversely impacts current residents and fails to meet city goals for new development in any meaningful way. Isn't it the responsibility of the City Council to provide balance in their direction? If so, where is the balance in this plan; where does it provide a balance between the needs of those who have invested their lives, time anti money in living in this rural area with the needs of the developer or the city? Rohret Road This plan will necessitate widening Rohret Rd.; it may not be for 3-5 years, but the proposed plan makes it inevitable. The current right-of--way standard, 100 feet, would require taking approximately 17 ft of land from the south side of the road -the county residents' front yards. Widening the road on its current center line places it within 40 feet of the front of our home and similarly affects all residents on the south side of Rohret Rd.. Consider the increased vehicle traffic flying by daily at 35-50 mph, just steps from where we sleep. Furthermore, the trees we and our neighbors have established as windbreaks and to block the sounds of traffic and view from the road would be cut down or have their root systems fatally disturbed by the excavation and construction process. This includes an apple orchard, walnut trees, old growth oaks, and many tall evergreens. What on paper is only 17 feet is much of the irreplaceable beauty and peacefulness we have cultivated for our homes. One option that the P&Z indicated maybe feasible would be for the city to waive the 100 foot right-of--way using a plan of 88 feet, thereby preventing some tree loss. While this would not be ideal because of how close it would bring the road to our home and how close our trees are to the property line, it would be an improvement. Even so, officials could not make a binding statement or provide any guarantee that this option would be seriously considered when the time came. Their suggestion was to save the P&Z meeting minutes for the future fight. If we seem doubtful of city promises, it's because we have heard from landowners who suffered the widening of the eastern part of Rohret Rd. They lost trees that were "saved" by the engineer's and complaints to city offices fell on deaf ears. While city planners stated that the road expansion wasn't likely to happen until the land south of the road is annexed, growth in this area is inevitable. Along range plan, even a 5 year plan, should take into account the additional strain this development will place on existing infrastructure and come to a solution regarding the road now, while issues/conflicts can still be easily resolved, rather than shifting responsibility to future City Councils. Rohret Road Solution One very simple solution is to shift the centerline of the road to the north by that approximately 17 ft. (see Illustrations 1 & 2 below). There are no houses or trees to the north so the damage to the environment would be minimized. From an engineering perspective, it is feasible per city staff and other engineers, but perhaps even more important; it is also likely to be less expensive to the city for a variety of reasons. Savings to the City: • The city would not have to pay for tree loss to current residents • Significantly reduced processing costs for eminent domain procedures • Reduced fill dirt costs for road expansion since more dirt; a berm of sorts is available on the north side of the road • Excavation can potentially occur at the same time that the land is being excavated for development, reducing equipment, time and materials costs. • The city would not need to line the street with trees on the south side of the road as it did for the eastern part of Rohret Rd. • City staff could resolve this issue now, creating a long range plan, to move the road north and remove the need to invest further time in review and research of this issue in the future Overall this minor shift of the road northward now would provide a better balance between the needs of the city and developers with the needs of the existing land owners in this Southwest District, and directly resolves many of the issues that opponents of this plan have. Illustration 1: Centerline of Road Moved J MOVEMENT OF CENTER LINE BY 17 FEET TO THE NORTH WEDNE$DAV, f'EaRUARV 18,2009 Existing Bend in Road ~ 1 to O ~~ fZ' ~ ~ °of 4~ O L .+ O ~ 9~feet 0 Rohr= ad O S ~~ F ~~. NOTE: 17 foot shift of center line is exaggerated for clarity (3.8 times scale) Existing Bend in Road ~~ Page 1 Illustration 2: Cross Section View of Road - With and Without Centerline shifted north Right of Way Encroachment on Southern Trees Cross Section View Road Center Line RoW Wdlh 100' Road Pavement Wdth 34' ' North Sidewalk Wdth B' '~ South Sidewalk Wdth 6' Sidewalk to RoW line 1' i ht of Wa Sidewalk to Road 24'-27' f-- 24' ~ Existing Trees RoW Wdlh fib' 17 Foot Center Lina Shitt Road Pavement Width 30' Drainage Ditch Width -10' I Existing Trees Road Center Line , f 17 -l~ -- ~~ ~ Road Center Line Existing Tre 66' i ht of Wa ~HOrizonlal Dimensions to Scale 1"=20' Southwest District's Supporting Infrastructure This plan does not adequately address the impact on current infrastructure and available community services within the SW District. Water, sanitation, schools, roads and fire services are either insufficient or nearly insufficient to support the existing density of this area. Adding even a few of the proposed 170 households will tax the existing facilities beyond what is safe and convenient for current and new residents alike. Roads/Traffic: City planners provided a quick recap of engineering reports to the P&Z meeting last week stating that adding the 170 additional households to Rohret Rd would still be below the level the road could support. While measurements like daily averaging can provide good rules of thumb or general guidance for planning in standard situations, this very basic type of calculation can mask true issues. In some cases special circumstances or elements specific to the area in question need to be considered as well. We believe that Rohret Rd has several conditions/characteristics which really need to be considered before a broad statement can be made that Rohret Rd will support an increase of traffic. • Current residents disagree that with the statement that Rohret Rd will support additional traffic. We live here and have true experience with the daily issues. • It is not uncommon to find 20-30 cars backups at intersections. There is also commonly a 3-5 light wait to turn left at Mormon Trek. • With this districts high school students forced to attend City High the number of drivers will be higher than average and planners will need to take that into account when estimating household driving patterns. Active students are unable to take advantage of the school bus and city bus has only limited availability • Traffic is backed up on Rohret Rd. around Weber school before and after school and during special events. The potential for an accident is very high now, and additional children in the area will only magnify the problems. Care should be used when making broad assumptions or calculating how traffic around the school will change with the new development because even though children could walk or ride buses, in actual fact many of the district's children are driven to school. • Most importantly, however, there is only one paved road access point to this area of the city and that is Rohret Rd. Other access roads are gravel and under embargo during some periods of the year or so far out of the way that they are not options. This is a situation which serious impacts emergency planning and significantly affects traffic flow for existing residents. This is the situation as it is now, an inefficient, unsafe and inconvenient bottleneck in infrastructure. Adding 170 more households with 2 -3 drivers each will only increase safety concerns and convenient traffic flow around the school and intersections. Schools: Weber Elementary is significantly overcrowded with class sizes over the tolerable limits and well below the standards of a city that takes education seriously. West High is so overcrowded that students living in the district are forced to attend City High, with no room for even one waiver for our student, so serious considerations, and possibly significant changes, will need to be made before West can accommodate the teens living in these 170 new houses. Where is the balance in the needs between the current students who are affected by overcrowding and the needs of this developer? The P&Z informed us that a letter was sent to the school system asking them to address the issue, and that the superintendent did not respond. While city planners did report having an unofficial conversation with Lane Plugge where he simply stated that `all schools are overcrowded', wouldn't it be wise to have an official response which actually addresses the issue, before proceeding with plans to expand the school's student body? It seems that the City Council should work more closely with the school system so that the school infrastructure supports development rather than allowing development to disrupt the educational system and process for the young people in our community. Water, Sewer, Fire and Rescue Response Time: Water and sewer services barely meet the needs of the area now and will not for matey years. Fire and rescue response time fall just outside the standards for service in this area as well. Existing services will be further strained with additional density, escalating concerns and costs for existing residents. Having only one access point into the area magnifies these concerns and affects everyone on Rohret Rd. not just the individuals surrounding the new development. This plan forces current landowners to accept a significant increase in risk with no recourse. Where is the balance in that? Infrastructure Solutions Address the infrastructure first. Use assumptions with care and use more broadly based and in-depth research and more rigorous calculation and estimation methods before accepting that the infrastructure can support further growth at this time. There are too many characteristics specific to this area that are crucial to the analysis of this plan and should be considered before agreeing to this development. The best alternative would be to plan solutions now for infrastructure needs the development will create or problems it will exacerbate. By doing so, the burden can be more evenly distributed, and total costs minimized. If necessary, hold off development until such time that the infrastructure can support growth. For example, delay development until the new grade school is built or even nearly built and high school overcrowding is addressed., working with the school district. Delay the development until there is an additional access point to take the load off Rohret Rd and reduce the safety risks for everyone in the area. Divergence from the Southwest District Comprehensive Plan The Southwest District Comprehensive Plan was written by a group of residents and city staff members in order to guide development in a fashion which would provide balance between the needs of existing residents and the needs of the city. Participants of the plan development at the time believed that their input to the plan was valued and would guide the city in the future. However, looking at the existing proposal it is difficult to see how the long time residents' needs are being considered with this plan. It is difficult to see how this proposed development fits within the Comprehensive Plan's stated objectives. Density: The proposed density and the layout as currently depicted in the proposal is far too high to maintain a rural feel for this property. A rural community commonly has few neighbors with vast expanses between them. This plan proposes many homes, up to 8 per acre immediately adjacent to county residents living on acreages. There will be no buffer in which the rural character will be preserved, no distance or green space just a sudden dropping of high density into a rural area. Our homes are quiet havens now, but as currently planned, this development turns them into anomalies in the landscape -facing the backside of the development and both without access to the amenities of more urban neighborhoods and without the privacy and seclusion that we chose them for. The P&Z members commented in their recent meeting that Southwest Estates destroyed the rural nature of the area implying that they no longer had to worry about the rural character of the area. We question this argument for its validity. Besides this argument being circular we didn't plan for the Southwest Estates and it was not our decision to allow the disruption. It was forced upon us. Why inflict us further? Where is the balance in that? And, what is the logic in this idea presented by the P&Z commission? Green Space, Park Space, Interconnected Trails: This proposed development does not provide adequate publicly accessible green/park space as called out in the SW District Comprehensive Plan, for a development of this size. Neither does it meet the comprehensive plan's goals for interconnected trails. This is particularly true for residents who would live in the densest area of the proposed development particularly along Rohret Rd in the southern half of the current proposed layout. The population is to the south and proposed park and future trails are all in the northern most part of the development. The Sr. City Planner stated that the wide sidewalks along some; streets, for example Rohret Rd., would serve the needs of interconnected trails spelled out in the Comprehensive Plan, but how does a sidewalk compare with a trail through a the woods or green space? Which would you like to see in your neighborhood if you could choose? The green or park space and trails ultimately are more available to the larger lots and beyond easy reach for the more modest homes. Access to the park area for the broader community, for example, those of us who surround this development, is non existent. Despite nominal adherence to the city's requirements regarding mixed income housing and accessible green space, parks and trails, the end goal of a diverse and cohesive neighborhood is not achieved. All of the smaller and presumably more affordable lots are confined to the southern half of the development area, separated from the homes of the affluent and all of the designated park and trail areas. Surely the point of designating areas as park space is to improve community cohesion and provide resources to all city residents; in this development, those parks are used to inflate the values of the larger lots, while failing to provide any benefit to the smaller, more affordable options. When we scrutinize this plan we see a layout which supports a view point that only the richest among us should be provided access to the amenities of open space parks and trails. Where is the balance in that? And how does this proposal really meet the goals stated in the comprehensive plan and valued by the City Council? Green Space, Park Space, Trails Solutions: The city has done a marvelous job of supporting cohesive mixed neighborhoods with centralized park and green space in many areas of the city. Willow Creek Park is an excellent example of planning to support green space and cohesive neighborhoods. Why not rethink the currently proposed plan, perhaps using Willow Creek Park area as a model to address this lack of centralized green space and interconnected trails and possibly even integrate park space and wetlands to ensure everyone in the newly proposed neighborhood and the surrounding community has an opportunity to enjoy the amenities called for within the comprehensive plan. Transitions between existing land uses and proposed development: There is a noticeable lack of effective transition/integrationhetween existing larger RRl zoned properties and proposed rezoned RSS properties - Awell-planned transition will reduce the potential negative impact on existing property values of bordering properties. In the current proposal there are a large number of lots that are only 0.2x acres with some having astreet-facing dimension of only 65' (feet). This lot size will not allow builders to build similar houses that will integrate well with the current character of the existing Southwest Estates and existing Country Club Estates neighborhoods. Nor will these lots integrate well with the large rural acreages on the south side of Rohret Rd. As we pointed out earlier the rural acreages would become anomalies in the landscape without a transition. How does that fit the goals stated in the comprehensive plan? Where is the balance in turning our rural homes into anomalies? Transition solutions: Why not rethink the development layout, placing the densest properties closer to the park areas, possibly even clustering housing units (perhaps even a condominium) around park and green space areas, and along Slothower road. Integrate larger RSS lots adjacent to properties in Southwest Estates. Areas bordering rural acreages would better blend with RRl lots or even simple open space. These modifications would be more in keeping with the transition as specifically called for in the comprehensive plan for the SW district. Financial times: Pursuing a policy of growth in the midst of a recession with the largest glut of foreclosed homes in history lacks foresight, and is bound to result in wasted resources, both in construction and in the maintenance of vacant properties. I would hope that the City Council would review recent Coralville history. The city suffered lost revenue, large expenses and wastes of resources when Coralville developments got into a similar bind. Iowa City can learn from those mistakes and protect its citizen taxpayers from a similar fate. The City Council holds an important role in providing guidance and direction for the; community. We hope that this City Council will research our concerns and the full extent of all of the evidence and choose to disapprove of this development plan or approve it only with appropriate modifications which truly address the community needs. Bring the balance back to community please. Thank you for listening. Judy, Dave, Rai and Rebekah Tokuhisa Adam, A. Brittany, and Jason Rohrer ~G~ Chester Schulte 1812 Rohret Ct. S.W. Iowa City, Iowa 52246 City council 410 E. Washington st. Iowa City, Iowa 52240 Dear Sir I have lived at 1812 Rohret Ct. S.W. for 25 years and have no plans to move. I oppose this zoning change of Country Club Estates. The housing density is too high. People buy lots for building a home based in large part on what is around them. It's like changing the rules in the middle of a game. The new intersection being placed in my front yard may cause left turning traffic head lights to flash on my home, living room and bedroom walls. Some noise concerns are squeals from breaking vehicles like garbage trucks, accidents from fender benders to life ending emergencies any time of day or night, engines racing in lower gears to pick up speed. It makes me wonder if I'll need a carbon monoxide detector to know if my front yard is safe. My home will be more suitable for a convenience store. Sincerely yours Chester Schulte ._~ __, Page 1 of 2 ~~ Marian Karr From: kwnjc@mchsi.com Sent: Monday, March 09, 2009 9:44 AM To: Council Cc: kwnjc@mchsi.com To the Iowa City Council: Regarding the proposed rezoning of the 79 acres in Southwest Estates by S and J Development LLC, myself, my wife and sister all have concerns about the plan. We own 2 lots totaling approx. 10 acres on the south side of Rohret Rd just west of the Kessler addition (3357 Rohret Rd) in Johnson county. This land and house was purchased by my parents in 1973, at which time there was virtually no trees on the place. Now, 36 years later, we have built up quite a landscape of evergreens and other assorted trees. The grove along the frontage (450 ft) of white pines and norway spruce are 30+ ft high and provide a buffer and a windbreak from the high winds we have have. In 1998, when we had that infamous straightline wind on June 29, this windbreak suffered a few casualties but ultimately saved our house from the devastating winds. Our parents are deceased now, but my sister, Dr. Mary Ebert, resides in the old house anti my wife Jeannie and I are planning on building a house to the west on the other lot. Long story short, the proposed widening of the road from 66 ft of right of way to 100 ft will inevitrably take out much of our grove of trees, along with the frontages of several other neighbors. This has not been a well received issue amongst all of us, and we strongly object to this proposal. We have suggested that if Rohret Rd has to be widened, then shift it north onto the developer's land. The angle of Rohret Rd will accommodate this deviation. The response from the developer was simply that that cannot be done as he will lose a few lots in the process. We feel that he should absorb this loss as we didn't ask for this, nor do we want to accept the consequences. He seems too concerned about the bottom line and not about integrating well with those around his development. Please give this a strong and impartial consideration when its time to vote. Thank you! Regards Karl and Jeannie Ebert 319-530-5155 3/9/2009 `~c:; ~, ..,~,~„ Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; (319)356-3243 (REZ08-00011) ORDINANCE NO. ~QAN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 18.58 ACRES OF PROPERTY `\~ LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY v_ RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 44.29 ACRES FROM O RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMI Y RESIDENTIAL (RS-5) AND 79.27 ACRES FROM LOW DENSITY SINGLE-FAMILY ESIDENTIAL TO PLANNED DEVELOPMENT OVERLAY LOW bENSITY SINGLE-FAMILY SIDENTIAL (OPD-5). (REZ08- 00011) ~ WHEREAS, the applicant, S & J Develo ent LLC, has request d a rezoning of property located north of Rohret Road and east of Slothower Road fr m Interim Develop nt Single-Family Residential (ID-RS) to Low Density Single-Family Residential (RS-5), om Rural Reside tial (RR-1) to Low Density Single-Family Residential (RS-5) and from Low Density Single amity Reside ial to Planned Development Overlay Low Density Single-Family Residential (OPD-5); and WHEREAS, the Comprehensive Plan indicates th~t the ~{ea is appropriate for single family housing; and WHEREAS, the applicant has requested a reducti in wetland buffers and wetland mitigation, which requires a Level II Sensitive Areas Review and Planned evelopment Overlay Rezoning. The Planning and Zoning Commission has reviewed the requirements f r etland buffer reduction and mitigation and has found that the proposal meets the requirements as o ine 'n Section 14-51-6 of the Iowa City Zoning Code; and WHEREAS, the Planning and Zoning Commi sion has rev wed the proposed rezoning and determined that it complies with the Comprehensive Plan rovided that it eets conditions addressing the need for improvement of Rohret Road to City standar s, a phasing pla for the subdivision, the vacation of the southern portion of Slothower Road, approv of the wetland miti ation plan, and a plan for the long-term maintenance of the wetland by the home o ers' association; and WHEREAS, Iowa Code §414.5 ( 07) provides that the City (~f Iowa City may impose reasonable conditions on granting an applicant' rezoning request, over and above existing regulations, in order to satisfy public needs caused by the equested change; and WHEREAS, the owner has greed that the property shall be developed in accordance with the terms and conditions of the Conditional oning Agreement attached hereto to ensure appropriate development in this area of the city. , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of ID-RS to OPD- 5, RR-1 to OPD-5, and RS-5 to OPD-5: BEGINNING AT THE SOUTHWEST CORNER OF SOUTHWEST ESTATES SUBDIVISION -PART ° TWO, IOWA CITY, IOWA; THENCE S68 4207'W, ALONG THE CENTERLINE OF ROHRET ROAD, 18.85 FEET; THENCE S67°18'23"W, ALONG SAID CENTERLINE, 131.42 FEET; THENCE S67°00'50"W, ALONG SAID CENTERLINE, 52.57 FEET; THENCE S60°26'59"W, ALONG SAID CENTERLINE, 88.13 FEET; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 172.96 FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG SAID CENTERLINE, 653.90 FEET; THENCE N00°15'40"W, 973.23 FEET; THENCE N01°15'46"E, 2,281.07 FEET; THENCE S89°44'32"E, 361.42 FEET; THENCE N01 °16'10'E, 361.50 FEET; THENCE S89°44'30"E, 354.25 FEET, TO THE NORTHWEST CORNER OF COUNTRY CLUB ESTATES SECOND Ordinance No. Page 2 ADDITION, IOWA CITY, IOWA; THENCE S14°51'48"E, ALONG THE WESTERLY LINE OF SAID COUNTRY CLUB ESTATES SECOND ADDITION, 221.57 FEET; THENCE S14°38'33"E, ALONG SAID WESTERLY LINE, 97.48 FEET; THENCE S00°07'09"E, ALONG SAID WESTERLY LINE, 75.66 FEET; THENCE S18°21'00"W, ALONG SAID WESTERLY LINE, 91.60 FEET; THENCE S20°38'15"W, ALONG SAID ESTERLY LINE, 126.29 FEET; THENCE S11°37'37"W, ALONG SAID WESTERLY LINE, 478.88 F O A POINT ON THE WESTERLY LINE OF COUNTRY CLUB ESTATES FIRST ADDITION, 10 C ,IOWA; THENCE N78°22'23"W, ALONG SAID WESTERLY LINE, 271.77 FEET; THENCE 7'16"W, ALONG SAID WESTERLY LINE, 170.83 FEET; THENCE S00°54'29"W, ALONG SAID Q STERLY LINE, 80.00 FEET; THENCE S16°43'33"E, ALONG SAID WESTERLY LINE, 83.79 FEET; Q'fHENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 287.00 FEET; THENCE N11°37'37"E, ALONG ® SAID WESTERLY LINE, 170.36 FEET; THENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 120.00 FEET; THENCE S11 °37'37"W, ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES FIRST ADDITION, 60.33 ET; THENCE S78°22'23"E, ALONG SAID SOUTHERLY LINE, 60.00 FEET; THENCE NORTHEASTERL 39.27 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 25.00 FOOT RADIUS CURVE, C CAVE SOUTHEASTERLY, WHOSE ~ 35.36 FOOT CHORD BEARS N56°37'37"E; THENCE S78°2 '23"E, ALONG SAID SOUTHERL~ LINE, 45.55 FEET; THENCE SOUTHEASTERLY, 31.07 FEET, LONG SAID SOUTHERLY LINE'AND AN ARC OF A 325.00 FOOT RADIUS CURVE, CONCAVE NOR EASTERLY, WHOSE 31.06 ri00T CHORD BEARS S81°06'43"E; THENCE S03°20'14"W, ALONG SAID OUTHERLY LINE, 126.16;:FEET; THENCE S88°32'31"E, ALONG SAID SOUTHERLY LINE, 226.92 FEE ;THENCE S01 °27'29"Vb, 10.15 FEET; THENCE N81 °43'30"E, 169.98 FEET; THENCE S19°45'01"E, 38 .21 FEET, TO A POINT ON THE WESTERLY LINE OF SAID SOUTHWEST ESTATES SUBDIVISION - PART TWO;;THENCE S68°04'47"W, ALONG SAID WESTERLY LINE, 260.00 FEET; THENCE 6°03'38"E, ALfSNG SAID WESTERLY LINE, 330.10 FEET; THENCE S53°55'32"E, ALONG SAID WEST LY LINE, 235.85 FEET; THENCE S21°17'53"E, ALONG SAID WESTERLY LINE, 412.93 FEET, TO SA POINT'OF BEGINNING, CONTAINING 79.27 ACRES, AND SUBJECT TO EASEMENTS AND RESTRI IONS OF RECORD SECTION II. ZONING MAP. The building o1 map of the City of Iowa City, Iowa, to conform publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZU sign, and the City Clerk attest, the Cc following passage and approval of this SECTION IV. CERTIFICATION City Clerk is hereby authorized and Office of the County Recorder, Jo approval and publication of this or it hereby authorized and directed to change the zoning amendment upon the final passage, approval and 3 A EEMEN~. The mayor is hereby authorized and directed to ~n Zoning Agr ment between the property owner and the City, i ance. RECORDING. Upo passage and approval of the Ordinance, the sd to certify a copy ofi\this ordinance, and record the same in the County, Iowa, at the ~wner's expense, upon the final passage, as provided bylaw. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby invalid or unconstitu section, provision or R~ABILITY. If any section, provision or part of tl~e Ordinance shall be adjudged to be I, such adjudication shall not affect the validity bf the Ordinance as a whole or any thereof not adjudged invalid or unconstitutional. '' E. This Ordinance shall be in effect after its final passage, approval and publication, a's provided bylaw. Passed and~approved this day of MAYOR Approved by: City Attorney's Office 20 ATTEST: CITY CLERK Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; (319)356-3243 (REZ08-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and S & J Development LLC (hereinafter "Owner"); WHEREAS, Owner is the legal title holder of approximately 79.27 acres of property located north of Rohret Road and East of Slothower Road; and WHEREAS, the Owner has requested the rezoning of said operty from Interim Development Single-Family Residential (I S) to Low Density Single-F y esidential (RS-5), from Rural Residential (RR-1) to Low Dens' Single-Family Residential a fr m Low Density Single- Family Residential to Planned evelopment Overlay Low D ~~I~:Family Residential (OPD-5); and WHEREAS, the Planning and Zoni Commission has det¢rmined that, with appropriate conditions regarding the improvement o Rohret Road to City standards, a phasing plan for the subdivision, the vacation of the southern portion of Slotho r Road, approval of the wetland mitigation plan, and a plan for the long-te maintenance the wetland by the home owners' association, the zoning is in conformance wit the Compre ensive Plan; and WHEREAS, Iowa Code §414.5 (2007) prov es th the City of Iowa City may impose reasonable conditions on granting an applican re oning request, over and above existing regulations, in order to satisfy public needs cause b the requested change; and WHEREAS, the Owner acknowledge that certain o ditions and restrictions are reasonable to ensure the development of the property is consi ent ith the Comprehensive Plan, to address increased traffic demands by improving of Rohr t Roa to City standards, to provide for orderly development of the subdivision, to mitigate uble and r triple fronting lots, and to plan for wetland mitigation and to provide for long-ter wetland ma' tenance; and ,. WHEREAS, the Owner agrees to dev~ conditions of a Conditional Zoning Agree NOW, THEREFORE, in consid agree as follows: S & J Development L follows: this property iri,,, accordance with the terms and nt. of the mutual promises`' contained herein, the parties the legal title holder of the property legally described as BEGINNING AT HE SOUTHWEST CORNER OF SOUTHWEST ESTATES SUBDIVISION - P RT TWO, IOWA CITY, IOWA; THENCE S68°42'07"W, ALONG THE CENTERLINE ROHRET ROAD, 18.85 FEET; THENCE S67°18'23"W, ALONG SAID CENTERLIN 131.42 FEET; THENCE S67°00'50"W, ALONG SAID CENTERLINE, 52.57 FEE THENCE S60°26'59"W, ALONG SAID CENTERLINE, 88.13 FEET; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 172.96 FEET; THENCE S59°43'5 "W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALON SAID CENTERLINE, 653.90 FEET; THENCE N00°15'40"W, 973.23 FEET; THENCE N01 °15'46"E, 2,281.07 FEET; THENCE S89°44'32"E, 361.42 FEET; THENCE N01°16'10'E, 361.50 FEET; THENCE S89°44'30"E, 354.25 FEET, TO THE NORTHWEST CORNER OF COUNTRY CLUB ESTATES SECOND ADDITION, IOWA CITY, IOWA; THENCE S14°51'48"E, ALONG THE WESTERLY LINE OF SAID COUNTRY CLUB ESTATES SECOND ADDITION, 221.57 FEET; THENCE S14°38'33"E, ALONG SAID WESTERLY LINE, 97.48 FEET; THENCE S00°07'09"E, ALONG SAID WESTERLY LINE, 75.66 FEET; THENCE S18°21'00"W, ALONG SAID WESTERLY LINE, 91.60 FEET; THENCE S20°38'15"W, ALONG SAID WESTERLY LINE, 126.29 FEET; THENCE S11 °37'37"W, ALONG SAID WESTERLY LINE, 478.88 EET, TO A POINT ON THE WESTERLY LINE OF COUNTRY CLUB ESTATES FIRST ~DITION, IOWA CITY, IOWA; THENCE N78°22'23"W, ALONG SAID WESTERLY LINE, 271.77 FEET; THENCE S33°57'16"W, ALONG SAID WESTERLY LINE, 170.83 FEET; THENCE S00°54'29"W, ALONG SAID WESTERLY LINE, 80.00 FEET; THENCE S16°43'3 "E, ALONG SAID WESTERLY LINE, 83.79 FEET; THENCE S78°22'23"E, ® ALONG S ID WESTERLY LINE, 287.00 FEET; THENCE N11 °37'37"E, ALONG SAID WESTERL LINE, 170.36 FEET; THENCE S78°22'23"E, ALONG SAID WESTERLY LINE, 120.00 EET; THENCE S11 °37'37"W, ALONG THE SOUTHERLY LINE OF SAID COUNTRY CL ESTATES FIRST ADDITION, 60.33 FEET; THENCE S78°22'23"E, ALONG SAID S THERLY LINE, 60.00 FEET; THE CE NORTHEASTERLY, 39.27 FEET, ALONG SA SOUTHERLY LINE, AND AN C OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOS 35.36 FOOT CHORD BEARS N56°37'37"E; THENC S78°22'23"E, ALONG SAI SOUTHERLY LINE, 45.55 FEET; THENCE SOUTHEASTE LY, 31.07 FEET, ALON SAID SOUTHERLY LINE, AND AN ARC OF A 325.00 FOOT DIUS CURVE, CO CAVE NORTHEASTERLY, WHOSE 31.06 FOOT CHORD BEA S S81 °06'43"E; T ENCE S03°20'14"W, ALONG SAID SOUTHERLY LINE, 126.16 F T; THENCE S 8°32'31"E, ALONG SAID SOUTHERLY LINE, 226.92 FEET; THENC S01°27'29" 10.15 FEET; THENCE N81°43'30"E, 169.98 FEET; THENCE S19°45'0 "E, 386.21 EET, TO A POINT ON THE WESTERLY LINE OF SAID SOUTHWEST TATES SUBDIVISION - PART TWO; THENCE S68°04'47"W, ALONG SAID WEST RLY INE, 260.00 FEET; THENCE S46°03'38"E, ALONG SAID WESTERLY LINE, 33 10 FEET; THENCE S53°55'32"E, ALONG SAID WESTERLY LINE, 235.85 FEET; TH CE S21 °17'53"E, ALONG SAID WESTERLY LINE, 412.93 FEET, TO SAID POINT F BEGINNING, CONTAINING 79.27 ACRES, AND SUBJECT TO EASEMENTS AN R STRICTIONS OF RECORD 2. The Owner acknowledges that the ity wish s to ensure conformance to the principles of the Comprehensive Plan an the South est District Plan. Further, the parties acknowledge that Iowa Code 14.5 (2007) ovides that the City of Iowa City may impose reasonable conditions on granting an plicant's rezoning request, over and above the existing regulation , in order to satisfy ublic needs caused by the requested change. 3. In consideration for th City's rezoning the subject property, Owner agrees)that development of the su ject property will conform to a'l~ requirements of the Iowa City Zoning Code, as well as the following conditions (all lot and addition numbers are in reference to the preli inary plat received January 30, 2009,): a. Owner sh ,during the first phase of development, improve the portion of Rohret Road adj cent to lots 1 and 38 to City standards at Owner's expense and extend Lake Sh re Drive from its current terminus to Rohret Road. b. Devel pment of the Seventh Addition (lots 112-139) and Eighth Addition (lots 140- 0) shall not occur until the improvements of the remainder of Rohret Road are ' the CIP and the Owner pays its fair share (12.5%) of the improvements. 2 c. The Seventh and Eighth Addition shall be developed only after the Third through Sixth Additions are completed, unless Rohret Road is improved from adjacent to the proposed development prior to or simultaneously with their construction. d. The portion of Slothower Road from the northern boundary of Lot 119 south to Rohret Road shall be vacated prior to the development of the Seventh Addition and Lots 152 - 170 in the Eighth Addition. If this portion of Slothower Road is not vacated, the area shall not be preliminary platted until an alternate design is created that eliminates the double fronting lots. e. The Wetland Mitigation Plan shall be approved by the U.S. Army Corps of Engineers. ® f. Along term maintenance plan for the wetland private open space by the Home `pwners' Association shall be included in the Subdivider's Agreement entered into tij~.~the City and the Owner at the time the City approves the final plat for any portion of this development. I 4. The Owner ancf~,City acknowledge that the co ditions contained herein are reasonable conditions to iml~gse on the land under to a Code §414.5 (2007), and that said conditions satisfy p lic needs that are cause by the requested zoning change. 5. The Owner and City ac nowledge that in sold, redeveloped, or sub ivided, all redE Conditional Zoning Agreem t. event the subject property is transferred, pment will conform with the terms of this 6. The parties acknowledge that t is Condi onal Zoning Agreement shall be deemed to be a covenant running with the Ian and th title to the land, and shall remain in full force and effect as a covenant with title o eland, unless or until released of record by the City of Iowa City. The parties further acknowledge th th agreement shall inure to the benefit of and bind all successors, representatives, a assi ns of the parties. 7. The Owner acknowledges that othing in is Conditional Zoning Agreement shall be construed to relieve the Own r or Applican from complying with all other applicable local, state, and federal regul ions. 8. The parties agree that th' Conditional Zoning~greement shall be incorporated by reference into the ordina a rezoning the subject pkoperty, and that upon adoption and publication of the ordin ce, this agreement shall bey recorded in the Johnson County Recorder's Office at th Applicant's expense. Dated this day of OWNER S & J Development, LLC 20 CITY OF IOWA By 3 Regenia D. Bailey, Mayor ~`~ ~~ LIMITED LIABILITY COMPANY ACKNOWL STATE OF IOWA ) ss: JOHNSON CO\ NTY ) This instrument LLC. By Marian K. Karr, City Clerk Approved by: Attorney's Office MENT: acknowledged before me on this (name) as CITY OF IOWA CITY ACKNOWLED State of Iowa, County of Johnson, Notary Public in and for the State of Iowa ENT: On this day of 2009, before me, the undersigned, a notary public for the state of Iowa, personal appeared egenia D. Bailey and Marian K. Karr, to me personally known, who, being b me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of lov~a City, Iowa, exec ting the within and foregoing instrument; that the seal attached thereto is t e seal of said corpor ion by authority of its City Council; and that the said Mayor and City Jerk acknowledged the execution of said instrument to be the voluntary act and deed of id corporation, by it and b them voluntarily executed. Notary Public ilk and for the State of Iowa day of 2009, by _ (title) of S&J Development, 4 `~ ~~ March 10, 2009 RE: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010/REZ08-00011) TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA The attached notarized signatures were collected from the nearby owners of the noted property above, located within two hundred feet of the exterior boundaries for which a zoning change is proposed. These signatures represent a clear majority of the private, individual owners who oppose the rezoning, based on the plans put forth by the developer (S&J Development LLP) up to this point. We have also attached a summary list of our key reasons for opposing this current rezoning and proposed development plan for you review and information. As citizens of the Southwest District whom are most directly impacted by such a proposed change in the zoning, we have attempted to fully engage in the established process to ensure our input is considered by the developer and the Planning and Community Development department. A number of us have participated in prior planning workshops and provided input to the Southwest District Planning Principles established specifically to provide guidance for this very purpose. We have attended the Planning and Zoning Commission meetings and working sessions for this proposal to ensure we better understand the issues being discussed regarding this proposal. We have met with the resources from the planning department and have stated our specific concerns and general recommendations to all parties involved, in order to share our input for consideration for this proposed development. We have also contacted the developer previously indicating our desire and with the hopes to participate directly with them, along with the planning department to help guide the development of this property within our district. In summary, our purpose here is to inform you of our efforts up to this point. We believe that it is in the best interest of all parties to collaborate on this proposal before it comes back to the Planning and Zoning Commission and City Council for final consideration. Sincerely, Larry Jewell March 10, 2009 RE: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive ~sUBOS-ooo 1 o/REZOS-ooo 11 ~ TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA The following is a summarization of the key issues and concerns regarding the proposed rezoning and proposed development from the neighbors who have signed the protest petition. These key issues have been raised and documented in greater detail in previous Planning and Zoning meetings, as well as at the formal City Council meeting for this proposal. 1) The proposed density is too high to maintain a rural feel for this property (as called for specifically within the comprehensive plan) and the current infrastructure and public services are not adequate to handle this proposed increase. 2) The existing trees and natural buffer on the south side of Rohret road should be maintained and consideration given to shifting the centerline of Rohret Road to the north as appropriate to prevent damage to these trees. 3) The lack of centralized green space and trails should be addressed to ensure everyone in the newly proposed neighborhood has an opportunity to enjoy the amenities called for within the comprehensive plan, versus the current proposed park space and lack of trails. 4) The transition between the existing larger lot properties in Southwest Estates and south of Rohret Road should consist of larger RSS lots as specifically called for within the comprehensive plan for the SW district. 5) The proposed reduced of the wetland buffer from 100' down to 25' on the east side of the proposed expansion of Lake Shore Drive should not be allowed due to the direct impact on the watershed flow on the adjacent properties. Sincerely, The Concerned Citizens of the Southwest District PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~~ ~~~~ wner(s) of ~~/~S" /~o~r~e-7~" ~/ Property Address STATE OF IOWA ) ss: JOHNSON COUNTY) On this day of a Notary Public in and for said Coun and State, ; _ and to me known to e the identical persons named in' foregoing instrument and acknowledged that they act and deed. _, 20~, before me, the undersigned, erso ally appeared d who executed the ithin and executed the same as their voluntary ~,Pa"r ~ JAYNE CRANDELL SANDLER Commission Number 714644 rHy Commission Expires 01M ~~"'~ry~~2011 N Public in and for the State o Iowa Orig: Subd Folder Cc: CA PCD Council Media File ~~ ~, PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: - 3a 5a '-~~ s. w , Owner(s) of Property Address STATE OF IOWA ) ss: JOHNSON COUNTY) On this ~_ day of , 20~, before me, the undersigned, a Notar Public in and for said ou and State, personally appeared and _ to me kn wn to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. oe~`~~ JAYNE CRANDELL SANDLER Commisson Number 714644 My Commission E~ires ow ~ January 22, 2o» o ry Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File PROTEST OF REZONING CITYOFIOWACITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. ~~, 1 Owner(s) of STATE OF IOWA ) ss: JOHNSON COUNTY) ~~~ /~tc..s~vrL ~'1 ~~~ Property Address On this ~Q~ day of , 20~, before me, the undersigned, Not bli 'n an or said Count and State, erso 11 a ear d / and ~~ p ~ ~/ ~!~ to me kno be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Orig: Subd Folder Cc: CA PCD Council Media File YNE CRANDELI. SANDLER Commisson Number 714644 My Commission Expires ~_January 22, 2011 in and for the State of Iowa PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: l R 17 -~o h~ ~'~--'~~ Owner(s) of Property Address STATE OF IOWA ) ss: JOHNSON COUNTY) On this ___~Q_~ day of , 20~, before me, the undersigned, a Notar Public in and for said Coun and State, personally appeared and ~ to me kno to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. 0,3}~~ JAYNE CRANDELL SANDLER CommissbnNumDer714644 of y Public in and for the State of owa My commission Expires . W January 22, 2(11 t Orig: Subd Folder Cc: CA PCD Council Media File ~~ PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~~j2 Cam. s Owner(s) of Property Address STATE OF IOWA ) ss: JOHNSON COUNTY) On this _~ day of ah~ t~~ u~lic i~ n~ , and for said Coun y and State, and to me known to be the identical persons named m foregoing instrument and acknowledged that they act and deed. o„yg~~ JAYNE CRANDELL SANDLER Commissbn Number 714644 My Commission Expires Orig: Subd Fold , aw January 22, 2011 Cc: CA PCD Council Media File _, 20~, before me, the undersigned, ~ rso~ally a pe~.ed 6~Irx..e~~, - d who executed the within and executed the same as their voluntary { ~ f N Public in and for the State of Iowa PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. Owner(s) of Property Address STATE OF IOWA ) ss: JOHNSON COUNTY) On this day of , 20~, before me, the undersigned, a otary P~blic in for said o and State, personally appeared and -~' to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. o~`'"~~ JAYNE CRANDELL SANDLER t y Pub is in and for the State of Iowa Ori Subd Folde . Commission Number 714644 g~ My commission Cc: CA OW January 21, 2011 PCD Council Media File ~~ ~ PROTEST OF REZONING CITY OFIOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. Property Address ~.~, STATE OF IOWA ) ss: JOHNSON COUNTY) On this ~_ day of ~ , 20~, before me, the undersigned, a otary Public in and for said Coun and State, personally appeared J , and to me known to be he identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. o~,~ JA'v ti:_ ~+~~wU~~~ SANDLER o Public in and for the State of Iowa Ori Subd Fol CrtmmissionNumber114644 g: °%~v Commission Expires Cc: CA Ow ianuary22,2011 PCD _ .._ Council Media File Owner(s) of (. ~ ~ PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Owner(s) of STATE OF IOWA ) ss: JOHNSON COUNTY) Property Address ~~ . On this .~-3r'-~~ day of y'' F ' _, 20 c~`i ,before me, the undersigne , a Notary Public in and for said Co and State, personally appeared . ~% ,~ and to ` known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. TYLER VRIE2E NOTARIAL SEAL - STATE OF IOWA COMMI~$ION NUMBER 74337 ^ Y !~„ ~ ~ ~ ~~ . MY GOMM15310N EXPIRES /0 ~ `~ Not , ublic in for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File ~~~ ~ PROTEST OF REZONING C/TY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. ~- Owner(s) of Property Address STATE OF IOWA ) ss: JOHNSON COUNTY) On this j C~ day of ~~y ,rte.-~~l , 20~, before me, the undersigned, a No Public in d for sa' County and State, personally appeared (~ p~~ ,~ and - to me own to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntazy act and deed. Notary Pu in and for the State of Iowa Orig: Subd Folder Cc: CA MpRGpiiET A. O'CONNELL PCD ~+~ Commsssoor- Number 71750 Council My Commission Expires ow July 19, 2011 Media File I_~ PROTEST OF REZONING CITY OFIOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: 3 3~s ~~~,;~~~~~ ~w caner of Property Address STATE OF IOWA ) ss: JOHNSON COUNTY) On this _~ day of , 20~, before me, the undersigned, a Notary P~bli in an or said Co ty and State, personally appeared and to me known to a the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Orig: Subd Folder Cc: CA PCD Council Media File ~~ PROTEST OF REZONING CITYOFIOWACITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By`~atit ~ ~~~-e~ Owner(s) of a ~ Tv~ S~ PL Property Address STATE OF IOWA ) ss: JOHNSON COUNTY) On this ~_ day of , 20~, before me, the undersigned, a N tary Pub 'c in d for said Coun y and State, personally appeared and to me kn wn to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. o Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File ~~ ~ PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. 33 2~i' Q2o/~~'/2 Rl~ S~ Property Address STATE OF IOWA ) ss: JOHNSON COUNTY) On this --~~--= day of ~, , 20 ,before me, the undersigned, tar Public in an for said County and State, ersonal y a pear and to me kno n be the identical persons named in and who execut d the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. JAYNE CRANDELL SANDLER o'~'~ CommissionNumi~er714644 of y Pub is in and for the State of Iowa My Commission F~cpires Orig: Subd Fol ~ ~ January ~~ zU1t Cc: CA PCD Council Media File -~.,.s.,._ ~ PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret RoadlPhoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. e, ~~~ ~'~/~ F~~ Owner(s) of 33s~ /~,,~~- /~~ s~ Property Address ~OwN~ vF wC~T ,~c.~2\~S) ~~" ~ 7 STATE OF IOWA ) ss: JOHNSON COUNTY) On this __~)= day of ~~'~~ , 20 ,before me, the undersigned, a otary Publ' in an~ for said County and State, p ona y a aced D/1y1 ., and ~ to me known to be the identical persons named in an wd ho executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. (NE CRANDELL SANDLER C_ Commission Number 714644 My Commission Expires ary Public in and for the State of Iowa January 22, 2011 Orig: Subd Folder Cc: CA PCD Council Media File ~.~ ~ PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. Owner of STATE OF IOWA ) ss: JOHNSON COUNTY) '3 3~ 7 ~~~f ~~ S4~ Property Address On this ~_ day of __, 20~, before me, the undersigned, a N tary Public i~ id f r sa County and State, personally appeared and to me wn to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. JAYNE CRANDELL SANDLER o ~ Commission Number 714644 My Commission Expires o ~ public in and fort e State of Iowa January 22,2011 y Orig: Subd Folder Cc: CA PCD Council Media File n~ ~- Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ08- 00012) ORDINANCE NO. 09-4327 ORDINANCE REZONING APPROXIMATELY 2.97 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE TO PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD-8) ZONE. (REZ08-00012) WHEREAS, the applicant/owner, Casey Boyd, LLC, has requested a rezoning of property located northwest of the intersection of First Avenue and Hickory Trail from Low Density Single Family (RS-5) zone to Planned Development Overlay Medium Density Single Family (OPD-8) zone; and WHEREAS, the Comprehensive Plan's design guidelines for new neighborhoods emphasize efficient and compact design with densities of 5-7 dwelling units per acre; WHEREAS, the Northeast District Plan identifies this property as appropriate for townhouse development; and WHEREAS, the applicant has proposed townhouse-style, multi-family buildings and has clustered the buildings along First Avenue in order to provide a rear lane for vehicle access and to reserve a large portion of the lot as shared open space with recreational amenities for the residents of the development; and WHEREAS, certain variations from the underlying zoning and subdivision requirements are necessary to allow multi-family buildings and clustered development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and site plan and determined that it complies with the Comprehensive Plan provided that it meets conditions related to buffering the park from urban development and compliance with all standards for the Planned Development Overlay; and WHEREAS, Iowa Code Section 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 caused by the rezoning request; and WHEREAS, the applicant/ owner acknowledges that certain conditions and restrictions are reasonable to ensure that development of this. property as an OPD-8 zone complies with the Comprehensive Plan's vision for the Bluffwood Neighborhood as described in the Northeast District plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Low Density Single Family Residential (RS-5) zone to Planned Development Overlay Medium Density Single Family (OPD-8) zone: LOTS 39, 40, AND 41 OF FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 23, AT PAGE 78, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. VARIATIONS. The lot dimension and lot width standards set forth in Iowa City Ordinance 14-2A-4(A) that otherwise would be required if these were individual lots in the RS-8 zone are hereby waived pursuant to Ordinance 14-3A-4(E) and 14-3A-4(K) in order to facilitate the development of the proposed townhouse-style Multi-Family Use units and to allow the units to be clustered together to provide shared open space and recreational amenities for the residents of the development. SECTION III. 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 Ordinance No. 09-4'77 Page 2 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. Passed and approved this 10th day of March, 2009 . <-- L MA ATTEST: ~~ C ~Y CLERK Ap ~oved by City Attorney's Office ~/~d ~~~ Ordinance No. 09-4327 Page 3 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration 2 / 24 / 2009 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: Nbne. ABSENT: None. Second Consideration ---------°--°----- Vote for passage: Date published 3 / 18 / 2009 Moved by Wilburn, seconded by Champion, that the rule requiring .ordinances to considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ08-00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Casey Boyd, L.L.C., (hereinafter "Owner"); WHEREAS, Owner is the legal title holder of approximately 2.97 acres of property located at the northwest corner of First Avenue and Hickory Trail; and WHEREAS, the Owner has requested the rezoning of said property from Low Density Single Family (RS-5) zone to Planned Development Overlay Medium Density Single Family (OPD-8) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding site design and building elevations, vehicular access, landscaping and common open space and amenities to serve the residents of the development, the requested OPD-8 zone is appropriate in this location to allow atownhouse-style development; 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 caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the vision for the Bluffwood Neighborhood as expressed in the Northeast District Plan; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows: LOTS 39, 40, AND 41 OF FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 23, AT PAGE 78, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge 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 caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadmlagt/rez08-00012 cza hickory trail (final).doc a. Substantial compliance with the Concept Plan dated January 9, 2009, attached and incorporated herein, with regard to the layout, including the location and size of the buildings, the landscaping, and rear access drive. Any substantial deviation from the Concept Plan regarding layout, landscaping, or drive placement shall require approval by the Planning and Zoning Commission. b. Substantial compliance with the building elevations submitted February 5, 2009, and the south elevation approved by the Planning and Zoning Commission, attached and incorporated herein, which demonstrate variation in facade; use of quality materials, including cement board siding and stone veneer; roofline; color; and window pattern in order to break up the mass of the buildings and ensure compatibility with the character of the surrounding neighborhood, including single- family areas within the neighborhood. Any substantial deviation from the submitted elevations shall require approval by the Planning and Zoning Commission. c. Staff approval of a detailed plan for the proposed shared open space, including site design, grading, materials, and specifications showing durable and architecturally and environmentally compatible amenities, access, and landscaping. Staffs decision regarding approval the plan may be appealed to the Planning and Zoning Commission. d. All landscaping (trees and shrubs) must comply with the species list provided by Johnson County Heritage Trust or similar list from the Iowa State extension. e. The driveway location must meet code requirements or the applicant must secure a minor modification to allow location of the north driveway within 25 feet of the property line. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until 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 Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties 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 Owner's expense. Dated this 10th day of March , 20 09 ppdadm/agUrez08-00012 cza hickory trail (final).doc 2 CITY F IOWAhCI~T,Y ~. Re Bailey, Mayor Attest: ~.,.,~ ~ - ~~~-t~t1 Marian N~C~jty Clerk^ Approved by:~ ~L~ ~fGCY~~~~,~%~t~~~~=T-' City Attorney's ffice ~~~~)/o°fi CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) CASE OYD, L.L.C. ~;: Y~ This instrument was acknowledged before me on ~~~ I-~- ~~ 2009, by Regenia Bailey and Marian K. Karr, who did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City; 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 e o'~ SONDRAE FORT ~-'' r~ Commission Number 159791 ~~~_ (~ • M Commission Tres '" ~ °20~~ Notary Public in and for the State of Iowa CASEY BOYD, L.L.C. ACKNOWLEDGEMENT: STATE OF IOWA ss: JOHNSON COUNTY ) ~mQrc~, \O C~. ~ This instrument was acknowledged before me on ""~`~ ~ 2009, by C~~~-~. (name), as the ~`l~~a.,~w.~.v-~ le) o asey Boyd, L.L.C. 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Lam Allison M. Heffern Brian J. Fagan Jeffrey A. Stone Hektoen' tthew J M d Larry G. Gutz~ ATTORNEYS Richard G. Hileman, Jr. Gregory G. Williams J. Scott Bogguss Sh David W. Kubicek Brandes tthew ) M Lynn W. Hartman Kleiman' Kathleen A . a am Matthew J. A Robea S. Hatala Dawn M. Gibson Lorie Reins-Schweer Timothy J. Van Pelt ipman James E. Stephen ). Holtman' . a Michael McDonough' . Thomas D. Wolle Amanda M. D'Amico Susan H. Willey° Christopher J. Vocis•' Muchmore Iris E James M. Peers Paul P. Morf Kerry A. Finleys Sarah E. Swartzendruber OF COUNSEL . Philip D. Brooks Leonard T. Strand Philip A. Burian' Abbe M. Stensland Louis E. Ebinger Stephen C. Nelson James A. Gerk Mark H. Ogden Christine L. Conover Timothy J. Van Pelt James R. Snyder Roger W. Stone Webb L. Wassmer David C. Katcher' Kyle W. Wilcoxb Kevin J. Visser Mark A. Robeas David J. Zylstra~•' Jacob R. Koller RETIRED Randal J. Scholer Chad M. VonKampen Thomas N. DeBoom Christopher J. Vocis' William A. Bergman William S. Vernon Gregory G. Williams Jason M. Steffens Kelly G. Terrillz John R. Carpenter E-Mail Address: sswartzendruber@simmonsperrine.com Address Reply to Coralville Office February 25, 2009 .. _ .? ;: Iowa City City Clerk ~ /=~ ®/~1 410 East Washington Street FEB 2 6 209 Iowa City, IA 52240 ~._ RE: REZ08-00012 /Hickory Pointe Rezoning Dear City Clerk: Last night the City Council passed the first consideration of an ordinance rezoning 2.97 acres of real estate located northwest of the intersection of First Avenue and Hickory Trail from Low Density Single Family Residential (RS-5) to Planned Development Overlay, Medium Density Single Family Zone (OPD-8), for Three Bulls, L.L.C. I respectfully request that you ask the Council to consolidate the second and third considerations of this ordinance at the next City Council meeting. Thank you for your assistance. Sincerely yours, SIMMONS PERRINE MOYER BERGMAN, P.L.C. ~..~u Sarah E. Swartzendruber SES:jna cc: Three Bulls, LLC c/o Mr. Swen Larson c/o Mr. Casey Boyd ~G~ wwwsimmonsperrine.com 115 Third Street SE, Suite 1200, Cedar Rapids, Iowa 52401 ~ Telephone (319) 366-7641 ~ Fax (319) 366-1917 22 South Linn Street, Third Floor Tower Place, Iowa City, Iowa 52240 ~ Telephone (319) 887-1368 ~ Fax (319) 887-1372 City Center Square, 1100 - 5~ Street, Coralville, Iowa 52241 ~ Telephone (319) 354-1019 ~ Fax (319) 354-1760 t - Also liceased topractice in: 1 Illinois 2 Wisconsin 3 Missouri 4 Kansas 5 New York 6 Minnesota 7Michigan B Ca/ifomia 9Nebraska k~ Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ08- 00012) / ORDINANCE NO. ORDINANCE REZON~NG APPROXIMATELY 2.97 ACRES LOCATED ORTHWEST OF THE INTERSECTION OF FIRS ~,, AVENUE AND HICKORY TRAIL FROM LOW NSITY SINGLE FAMILY (RS-5) ZONE TO PLANNED`~EVELOPMENT OVERLAY, MEDIUM DENSI SINGLE FAMILY (OPD-8) ZONE. (REZ08-00012) ~, WHEREAS, the applicant, Tiuee Bulls LLC, has requested a rezonin of property located northwest of the intersection of First Avenue aril Hickory Trail from Low Density Sin Family (RS-5) zone to Planned Development Overlay Medium Densti~y Single Family (OPD-8) zone; and/ WHEREAS, the Comprehensive Man's design guidelines for nely~ neighborhoods emphasize efficient and compact design with densities of 5 ~'1~.,dwelling units per acre; WHEREAS, the Northeast Districfi~* Plan identifies this p~perty as appropriate for townhouse development; and '', WHEREAS, the applicant has proposed townhouse-style, ~Iti-family buildings and has clustered the buildings along First Avenue in order to provic a rear lane for;~vehicle access and to reserve a large portion of the lot as shared open space with recreation I amenities fo~'~the residents of the development; and WHEREAS, certain variations from the undels;;ying zon allow multi-family buildings and clustered develop nt; any WHEREAS, the Planning and Zoning Commiss n hag and determined that it complies with the Comprehe sive buffering the park from urban development and comp nc Overlay; and r' WHEREAS, Iowa Code Section 414.5 (2007) pfovid~ conditions on granting an applicant's rezoning requjest, ove public needs caused by the rezoning request; an~f and subdivision requirements are necessary to the reviewed the proposed rezoning and site plan Plan provided that it meets conditions related to ;with all standards for the Planned Development that the City of Iowa City may impose reasonable end above existing regulations, in order to satisfy WHEREAS, the applicant/ owner acknowle ges that certaih ensure that development of this property as afi OPD-8 zone co for the Bluffwood Neighborhood as describec~in the Northeast D conditions and restrictions are reasonable to lyplies with the Comprehensive Plan's vision ~t ~ct plan; NOW, THEREFORE, BE IT ORDAINED Q`Y THE CITY COUNCIL O THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to a Conditional Zoning Agree nt attached hereto and incorporated herein, property described below is h eby reclassified from its current oning designation of Low Density Single Family Residential (RS-5) zo a to Planned Development Overl Medium Density Single Family (OPD-8) zone: LOTS 39, 40, AND 41 OF IRST AND ROCHESTER, PART ON IOWA CITY, IOWA, IN ACCORDANCE WITH THE PAT THEREOF RECORDED IN BOOK 2 AT PAGE 78, IN THE RECORDS OF THE JOHNS COUNTY RECORDER'S OFFICE, CONTA ING 2.97 ACRES, AND SUBJECT TO EASEMENTS D RESTRICTIONS OF RECORD. SECTION II. VARIATIC~IS. The lot dimension and lot width standards set forth'i~i Iowa City Ordinance 14-2A-4(A) that otherwise would be required if these were individual lots in the RS-8 zone are hereby waived pursuant to Ordinance 14-3A-4(E) and 14-3A-4(K) in order to facilitate the development of the proposed townhouse-style Multi-Family Use units and to allow the units to be clustered together to provide shared open space and recreational amenities for the residents of the development. SECTION III. 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 Ordinance No. Page 2 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. MAYOR ATTEST: CITY CLERK Approved by ~lLCG~ City Attorney's Office ~/~ ~/e'~ r~ ~' `'t, 'i4 ~! 'r f i / i`t ~ ,} Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ08-00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Plum Grove Acres, Inc., (hereinafter "Owner"); WHEREAS, Owner is the legal title holder of approximately 2.97 acres of property located at the northwest corner of First Avenue and Hickory Trail; and WHEREAS, the Owner has requested the rezoning of said property from Low Density Single Family (RS-5) zone to Planned Development Overlay Medium Density Single Family (OPD-8) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding site design and building elevations, vehicular access, landscaping and common open space and amenities to serve the residents of the development, the requested OPD-8 zone--i~ppropriate in this location to allow atownhouse-style development; and WHEREAS, Iowa Co §414.5 (2007) provides that the City, of Iowa City may impose reasonable conditions on anting an applicant's rezoning re est, over and above existing regulations, in order to satisfy blic needs caused by the requ sted change; and WHEREAS, the Owner acknowledge that certain conditio sand restrictions are reasonable to ensure the development of the prope is consistent th the Comprehensive Plan and the vision for the Bluffwood Neighborhood as a ressed in a Northeast District Plan; and WHEREAS, the Owner agrees to develop th conditions of a Conditional Zoning Agreement. perty in accordance with the terms and NOW, THEREFORE, in consideration of the agree as follows: 1. Owner is the legal title holder of al p?emises contained herein, the parties legally descrFl~ed as follows: LOTS 39, 40, AND 41 OF FIR AND ROCHESTER, PAR ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH T PLAT THEREOF RECORDE IN BOOK 23, AT PAGE 78, IN THE RECORDS F THE JOHNSON COUNTY ECORDER'S OFFICE, CONTAINING 2.97 AC S, AND SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. 2. The Owner ackno edges that the City wishes to ensure conformance to the principles of the Comprehe sive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2007) provides at 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 caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadm/agUrez08-00012 cza hickory Vail.doc a. Substantial compliance with the Concept Plan dated January 9, 2009, attached and incorporated herein, with regard to the layout, including the location and size of the buildings, the landscaping, and rear access drive. Any substantial deviation from the Concept Plan regarding layout, landscaping, or drive placement shall require approval by the Planning and Zoning Commission. b. Substantial compliance with the building elevations submitted February 5, 2009, and the south elevation approved by the Planning and Zoning Commission, attached and incorporated herein, which demonstrate variation in facade; use of quality materials, including cement board siding and stone veneer; roofline; color; and window pattern in order to break up the mass of the buildings and ensure compatibility with the character of the surrounding neighborhood, including single- family areas within the neighborhood. Any substantial deviation from the submitted elevations shall require approval by the Planning and Zoning Commission. c. Staff approval of a detailed plan for the proposed shared open space, including site design, grading;' materials, and specificatior}s showing durable and architecturally and environmen Ily compatible ameniti s, access, and landscaping. Staff's decision regarding a royal the plan may a appealed to the Planning and Zoning Commission. d. All landscaping (trees an hrubs) mus comply with the species list provided by Johnson County Heritage Tr or simil list from the Iowa State extension. e. The driveway location must me code requirements or the applicant must secure a minor modification to allow loca ~ n of the north driveway within 25 feet of the property line. 4. The Owner and City acknowledge that t con 'ions contained herein are reasonable conditions to impose on the land and r Iowa ode §414.5 (2007), and that said conditions satisfy public needs that are c used by th equested zoning change. 5. The Owner and City acknowledge that m the event the ubject property is transferred, sold, redeveloped, or subdivided, all r development will c nform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Co ditional Zoning Agreemen shall be deemed to be a covenant running with the land an with title to the land, ands II remain in full force and effect as a covenant with title t the land, unless or until relea ed of record by the City of Iowa City. The parties further acknowledge t at this agreement shall inure to the b efit of and bind all successors, representatives, d assigns of the parties. 7. The Owner acknowledge(s) th t nothing in this Conditional Zoning Agreement shall be construed to relieve the Ow r or Applicant from complying with all other applicable local, state, and federal regu tions. ~' 8. The parties agree that t is Conditional Zoning Agreement shall be incorporated by reference into the ordin ce rezoning the subject property, and that upon adoption and publication of the ordi ance, this agreement shall be recorded in the Johnson County Recorder's Office at a Applicant's expense. Dated this day of , 20 ppdadm/agUrez08-00012 cza hickory Vail.doc 2 CITY OF IOWA CITY Regenia Bailey, Mayor Attest: Marian K. Karr, City Clerk Approved by: a--~~~~-~ City Attorney's Office a mss/ d ~ CITY OF IOWA CITY AG~(NOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledgect~l Bailey and Marian K. Karr, who did sad City of Iowa City; that the seal affixed instrument was signed and sealed on Council; and that the said Mayor and of said instrument to be the volunt,~ voluntarily executed. PLUM.G~VE AGES, I By: By: ~r Mme on 2009, by Regenia they are the Mayor and City Clerk, respectively, of the reto is the seal of said municipal corporation; that said h If of said municipal corporation by authority of its City C rk as such officers acknowledged that the execution act d deed of said corporation, by it and by them Notary blic in and for the State of Iowa PLUM GROVE ACRES, IN .ACKNOWLEDGEMENT: STATE OF IOWA ss: JOHNSON COUNTY ) This instrument s acknowledged bef re me on ~ 2009, by (name), as the ~ ~ - (title) of Plum Grove Acres, Inc. .pR~~s KIRSTEN i 'a ~ Commission Number 180 ota Public in and or the tate of Iowa My Commission Expires ry ,,,,,,, July 12, 2010 ppdadm/agt/rez08-00012 cza hickory trail.doc 3 c"7 Prepared by: Daniel Scott, Civil Engineer, 410 E. Washingtor*~Street, Iowa City, IA 52240; 319-356-5144 ORDINANCE NO. AN ORDINANCE AMENDING TIT E 16, CHAPTER 3 ENTITL D "CITY UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADO TING A NEW SECTION 6-36-9 ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE DANE RO TRUNK SEWER PROJ CT." WHEREAS, Section 16-3B-1 thro gh 16-3B-3 of he City ode of Iowa City, Iowa authorizes the City to adopt and implement project specific t p-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public tilities; and i WHEREAS, collection of costs by wa of a tap-on fee ordinance must be based on actual project costs; and WHEREAS, the City completed const ction of the 'Dane Road Trunk Sewer, to serve the area southwest of the Iowa City Airport and south o U.S. Highw y 1, and the cost of construction is now subject to formal collection via the "tap-on fee structure"; a d WHEREAS, it is in the public interest to a uitably pportion the costs associated with extension of sanitary sewer to those properties benefited by the xten on. NOW, THEREFORE, BE IT ORDAINED BY HE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 16, Chapter 3 e titled "City Utilities" of the Code of Ordinances of the City of Iowa City, Iowa , is hereby amended by adopti new section 16-3B-9 to read as follows: 16-36-9: PROJECT SPECIFIC TAP-ON FEE FORT E NE ROAD TRUNK SEWER PROJECT: A. General Project Description: 1. The Dane Road Trunk Sewer serves the ar locate just west of the Iowa City Airport and south of US Highway 1. The Dane Road Trunk Se er include the construction of thirty two (32) manholes and ten thousand eight hundred forty six eet (10,846 of sanitary sewer pipe with pipe diameter ranging in size from eight inch (8") tot rty inch (30"). Also included is the removal of the W.B. Development Lift Station. Areas curre tly not within th City's boundary, when annexed, will be served by this trunk sewer. 2. The City Council determined that inst lation of the Project ould facilitate development of the south west side of Iowa City as designated n Figure 1 of this Sectio .The project was initiated by the City of Iowa City to encourage compact evelopment with sanitary ewer service provided at reasonable cost. B. Actions Taken By City Council I Approving The Project: 1. On October 8, 2001, the City Co cil adopted Resolution 01-328 a thorizing an agreement with Earth Tech Inc. to design the sewer fo the Dane Road Trunk Sewer Proj t. On February 18, 2003, the City Council held a public hearin on the plans, specifications, form f contract, and cost estimate. Following the public hearing, the City Council passed Resolution 3-61 approving the plans and specifications of the Project and authorizing advertisement for bids. he City Council awarded the Project construction contra to Metro Pavers Inc. on June 10, 2003, b Resolution 03-185. The City Council accepted the work or the Project improvements on February 1, 2 05, by Resolution 05-53. 2. The City Council authorized the issuance of sewer revenue bonds as i terim financing to pay the construction costs of the Project in Resolution 03-302. C. Total Project Cost: The total actual cost of the project, as certified by , e City Engineer, is one million five hundred forty nine thousand seven dollars and twenty four cents ($1';549,007.24). This cost includes two hundred twenty eight thousand three hundred forty six dollars and seventy two cents ($228,346.72) in interest costs. D. Total Area Benefited: Total Benefited Area: The Project benefits a total of three hundred eighty-eight and six-tenths (388.6) acres. The benefited area has been divided into (2) subareas labeled "A", and "B" since the area was bisected by the U.S. Highway 218 Right of Way (see Figure No. 1 of this Section). Ordinance No. Page 2 E. Building Permits: All tap-on fees must be paid prior to connection to the City's sanitary sewer. No building permits shall be issued for any parcel or tract of land located in the benefited area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. F. Schedule Of Fees: The following table lists the tap-on fee per acre for two (2) subareas in the benefited area. The fee reflects the actual costs of the benefits associated with each subarea and are in addition to any other project-specific tap-on fees established. Subarea Acres Fee Per Acre A 168.5 $3,986.12 B 220.1 $3,986.12 G. Agreements With Developers: The City may, in its discretion, enter into agreeme s with developers subdividing property in the benefited area, to allow equalization of the tap-on fees mong the lots in the subdivision, including agreement or the prepayment of tap-on fees and develop ent sequencing. Such agreements shall not in any way alt r the requirements regarding building permit set forth in subsection E of this Section. H. Maps And Illustrations: 1. Figure No. 1: General boundary m p of the Project area showing I cation of benefited properties divided into two (2) subareas and the cation of the constructed Proj ct. 2. Figure No. 2: Legal description of the p perties benefited by the co struction of the Project. 3. Figure No. 3: Legal description of the Pr 'ect. A plat of the Proje has been recorded in the office of the Johnson County Recorder as denoted 'n Book 49, Page 34 and is also on file in the office of the City Engineer. Said plat is incorporated here by reference. 4. Figure No. 4: City Engineer's cost certification. (see following pages for figures) SECTION II. REPEALER. All ordinances and part ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, pro 'sio or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall n affect he validity of the Ordinance as a whole or any section, provision or part thereof not adjudged inv d or unco titutional. SECTION IV. EFFECTIVE DATE. This O finance shall b in effect after its final passage, approval and publication, as provided bylaw. Passed and approved this da f , 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page 3 It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration _ Vote for pa.°°~^°° Second Consid~ Vote for pa: Date published pweng/ordlrAPONFEI Figure No. 1 ,. a ----~ o $ Sub b Area r _ 6 ~ 1 ~ ~ ~ .n G~,y ~~ ~~ Dane Road Trunk Sewer Sub Area Area A. 168.5 g, 220.1 Total 388.6 N ~ooo o ~ooo ~ooo Scnle 1' = 1000' _ ^~ 1 Dane Road Trunk Sewer Figure No. 2 LEGAL DESCRIPTION OF PROPERTIES BENEFITED BY THE DANE ROAD TRUNK SEWER Areas in the Northeast Quarter Section 29, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. That part of the Northeast Quarter, Northeast Quarter lying Southwesterly of Primary Road 518 (Hwy 218). 29.7 acres. 2. The North 870 feet of the Southeast Quarter, Northeast Quarter. 26.4 acres. 3. The North 870 feet of the West 625 feet of the Southw st Quarter, Northeast Quarter. 12.5 acres. 4. That part of the Northwest Quarter, Northeast Quarter except the South 825 feet of the West 690 feet. 26.9 acres. 5. That part of the Northeast Quarter, Northeast Quarte lying Northeasterly of Primary Road 518 (Hwy 218) right of way. 2.9 acres. Areas in the Northwes~Quarter Section 29, Township 7~ North, Range 6 West of the Fifth Principal Meridian. \\ ~' 1. The North 495 feet of a East 355 feet of the N~rthwest Quarter. 4.0 acres. Areas in the Southwest Quarter ection 20, T Principal Meridian: 1. That part of the Southeast Qua r, Sout Highway 1. 27.0 acres Areas in the Southeast Quarter Section 20, Principal Meridian: ip 79 North, Range 6 West of the Fifth Quarter lying Southeasterly of State hip 79 North, Range 6 West of the Fifth 1. That part of the Southeast Quarter I ng So weste Road 518 (Hwy218) right of way. .0 acres. 2. That part of the Southeast Quarte lying Northe tei Road 518 (Hwy218) right of way 73.5 acres. Areas in the Northeast Quarter Sec on 20, Township 79 Principal Meridian: of State Highway 1 and Primary y of State Highway 1 and Primary Range 6 West of the Fifth 1. That part of the Northea Quarter lying Southerly of the I wa City Municipal Airport and State Highway 1 right way. 8.7 acres. Areas in the Southwest Q arter Section 21, Township 79 North, R nge 6 West of the Fifth Principal Meridian: 1. That part of the Southwest Quarter 2.1 except the North 600 feet the?~a,of . 123.6 acres. ~~,v Areas in the Southeast Quarter Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. The South 720 feet of the West 345 feet of the Northwest Quarter, Southeast Quarter. 5.7 acres. Areas in the Northwest Quarter Section 28, Township 79 North, Range 6 West of the Fifth Principal Meridian: The North 425 feet of the West 580 feet of the Northwest Quarter. 5.7 acres. TOTAL AREA OF BENEFITED PROPERTIES = 388.6 ACRES Figure No. 3 LEGAL DESCRIPTION OF THE DANE ROAD TRUNK SEWER PROJECT Alignment 1 Dane Road Trunk Sewer Alignment 1 is a part of the Southeast Quarter Section 20, and the South Half Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, further described as follows: Commencing at the So h Quarter Corner of Section 20; thence N 00°13'50" E along the`West line of the Southeast Qu rter of said Section 20, 588.85 feet; thence S 89°46'10" E 36:'79 feet to a sanitary sewer manhole nd the Point of Beginning; thence S 89°39'50" E along the centerline of the sanitary sewer 199. feet; thence S 88°51'34" E along said centerline 4203 feet; thence N 89°48'03" E along said ce terline 265.01 feet; thence S 89°43'53" E along said centerline 255.85 feet; thence S 68°33' 3" E along said centerline 245.66 feet; thence S ~°09'06" E along said centerline 152.41 feet; th ce N 53°48'50" E along said centerline 415.8 feet; thence S 71°19'13" E along said centerli 331.39 feet; thence S 71°49'06" E along s id centerline 315.05 feet; thence N 89°48'18" E along aid centerline 268.48 feet to manhole w ch is 388.47 feet North and 54.43 feet East of the utheast Corner Section 20; thence N 0°11'34" E along said centerline 162.68 feet; thence N 11 55'02" E along said centerline 404. 1 feet; thence N 2°46'30" E along said centerline 242.62 feet; ence N 82°51'46" E along said enterline 519.06 feet; thence N 81°53'54" E along said cent line 329.19 feet; thence N 3° 6'40" W along said centerline 61.36 feet; thence N 84°04'3$ E along said centerline 5.88 feet; thence N 84°14'38" E along said centerline 545.87 feet; thence N 83°49'54" E along aid centerline 595.54 feet to a manhole which is 1483.96 feet North and X2.98 East of the S th Quarter Corner of Section 21; thence N 84°59'57" E along said centerline ~a87.04 feet; the e N 0°45'15" W along said centerline 41.50 feet to the Point of Termination; For the p rpose of this description the West line of the Southeast Quarter Section 20 is assumed to bear 00°13'50"E. Alignment 2 "~ Dane Road Trunk Sewer Alignment 2 is a part the Northeast Quarter Section 20, and the Northwest Quarter Section 21, Township 79 No ,Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa further described as foil ws: Commencing at the East Quarter Corner o said Secti n 20; thence N 00°17'56" E along the East line of the Northeast Quarter of said Sec 'on 20, 1420. feet; thence N 90°00'00" E 39.22 feet to a Sanitary Sewer manhole and the Po' t of Beginning; t ence S 35°14'41" W along the centerline of the Sanitary Sewer 398.05 feet; hence S 59°08'38' W along said centerline 400.38 feet; thence S 57°09'20" E along sai centerline 399.83 fe t; thence S 43°16'20" W along said centerline 399.46 feet; thence 30°54'20" E along said enterline 350.83 feet to the Point of Termination. For the purpose this description the East li of the Northeast Quarter of Section 20 is assumed to bear N 00° 'S6" E. Alignment 3 Dane Road Trunk Sew r Alignment 3 is a part of the Sout east Quarter Section 20, and the Southwest Quarter S tion 21, Township 79 North, Range 6 est of the Fifth Principal Meridian, Johnson County, to ,further described as follows: ~ Commencing at~iie East Quarter Corner of said Section 20; thence S 00°09'12" W along the East line of the Southeast Quarter of said Section 20, 1043.61 feet; thence N 90°00'00" W, 89.48 feet to a Sanitary Sewer Manhole and the Point of Beginning; thence S 64°29'04" E along the centerline of the Sanitary Sewer 228.29 feet; thence S 71°33'48" E along said centerline 222.78 feet; thence S 79°55'00" E along said centerline 289.94 feet; thence S 88°52'53" E along said centerline 258.99 feet; thence N 84°50'44" E along said centerline 112.09 feet to the Point of Termination. For the purpose of this description the East line of the Southeast Quarter of Section 20 is assumed to bear S 00°09'12" W. Figure No. 4 COST CERTIFICATION I, Ronald R. Knoche, City Engineer for the City of Iowa City, Iowa, hereby certify that the construction of the Dane Road Trunk Sewer has been completed in substantial accordance with the approved plans and specifications. I further rtify that the total actual cost of the Dane Road trunk Sewer Project is $1,549,007.24. T 's cost includes $228,346 in interest costs. /f ~'C ~~ Ronald R. Knoche, P. E City Engineer .~ Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5144 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 16, CHAPTER 3 ENTITLED "CITY UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-36-9 ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE DANE ROAD TRUNK SEWER PROJECT." WHEREAS, Section 16-3B-1 through 16-3B-3 of the City Code of Iowa City, Iowa authorizes the City to adopt and implement project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities; and WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project costs; and WHEREAS, the City completed construction of the Dane Road Trunk Sewer, to serve the area southwest of the Iowa City Airport and south of U.S. Highway 1, and the cost of construction is now subject to formal collection via the "tap-on fee structure"; and WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of sanitary sewer to those properties benefited by the extension. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 16, Chapter 3 entitled "City Utilities" of the Code of Ordinances of the City of Iowa City, Iowa , is hereby amended by adopting a new section 16-3B-9 to read as follows: 16-36-9: PROJECT SPECIFIC TAP-ON FEE FOR THE DANE ROAD TRUNK SEWER PROJECT: A. General Project Description: 1. The Dane Road Trunk Sewer serves the area located west of the Iowa City Airport and south of US Highway 1. The Dane Road Trunk Sewer Project included the construction of 32 manholes and 10,846' of sanitary sewer pipe with pipe diameter ranging from eight inch (8) to thirty inch (30") and included the removal of the W.B. Development Lift Station. Areas currently not within the City's boundary, when annexed, will be served by this trunk sewer. 2. The City Council determined that installation of the Project would facilitate development of the south west side of Iowa City as designated in Figure 1 of this Section and encourage compact development with sanitary sewer service provided at reasonable cost. B. Actions Taken By City Council In Approving The Project: 1. On October 8, 2001, the City Council adopted Resolution 01-328 authorizing an agreement with Earth Tech Inc. to design the sewer for the Dane Road Trunk Sewer Project. On February 18, 2003, the City Council held a public hearing on the plans, specifications, form of contract, and cost estimate. Following the public hearing, the City Council passed Resolution 03-61 approving the plans and specifications of the Project and authorizing advertisement for bids. The City Council awarded the Project construction contract to Metro Pavers Inc. on June 10, 2003, by Resolution 03-185. The City Council accepted the work for the Project improvements on February 1, 2005, by Resolution 05-53. 2. The City Council authorized the issuance of sewer revenue bonds as interim financing to pay the construction costs of the Project in Resolution 03-302. C. Total Project Cost: The total actual cost of the project, as certified by the City Engineer, is $1,549,007.24. This cost includes $228,346.72 in interest costs. D. Total Area Benefited: Total Benefited Area: The Project benefits a total of three hundred eighty-eight and six-tenths (388.6) acres. The benefited area has been divided into two (2) subareas labeled "A" and "B" since the area is bisected by U.S. Highway 218 Right-of-Way (see Figure No. 1 of this Section). E. Building Permits: All tap-on fees must be paid prior to connection to the City's sanitary sewer. No building permits shall be issued for any parcel or tract of land located in the benefited area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. F. Schedule Of Fees: The following table lists the tap-on fee per acre for the two (2) subareas in the benefited area. The fee reflects the actual costs of the benefits associated with each subarea and are in addition to any other project-specific tap-on fees established. Ordinance No. Page 2 Subarea Acres Fee Per Acre A 168.5 $3,986.12 B 220.1 $3,986.12 G. Agreements With Developers: The City may, in its discretion, enter into agreements with developers subdividing property in the benefited area, to allow equalization of the tap-on fees among the lots in the subdivision, including agreement for the prepayment of tap-on fees and development sequencing. Such agreements shall not in any way alter the requirements regarding building permits set forth in subsection E of this Section. H. Maps And Illustrations: 1. Figure No. 1: General boundary map of the Project area showing location of benefited properties divided into two (2) subareas and the location of the constructed Project. 2. Figure No. 2: Legal description of the properties benefited by the construction of the Project. 3. Figure No. 3: Legal description of the Project. A plat of the Project has been recorded in the office of the Johnson County Recorder as denoted in Book 49, Page 34 and is also on file in the office of the City Engineer. Said plat is incorporated herein by reference. 4. Figure No. 4: City Engineer's cost certification. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 , 20 MAYOR ATTEST: CITY CLERK Appr ved by G~- City Attorney's Office 3/~ ~~ Ordinance No. Page 3 It was moved by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 3 / 10 / 2009 Vote for passage: AYES: Champion, Correia, NAYS: None.. ABSENT: None. Second Consideration Vote for passage: Date published and seconded by Hayek, O'Donnell, Wilburn, Wright, Bailey. pweng/ordITAPONFEE/daneroad-UUe16.doc Figure No. 1 /// ;,, ,,, ~d ~' ~~ -Dane Road Trunk Sewer 0 G~ ~~°' ~ y,~'~ Sub Area ~ t _ o B i 1 ----~ . ~ _ ~ ~ ~ a _ .n o e o $ Sub Area A Dane Road Trunk Sewer Sub Area Area A. 168.5 B. 220.1 Total 388.6 0 L' .o 0 0 GS,y ~~ N iooo o iooo zooo r-~ m~~ i Scnle 1' = 1000' 11 Figure No. 2 LEGAL DESCRIPTION OF PROPERTIES BENEFITED BY THE DANE ROAD TRUNK SEWER Areas in the Northeast Quarter Section 29, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. That part of the Northeast Quarter, Northeast Quarter lying Southwesterly of Primary Road 518 (Hwy 218). 29.7 acres. 2. The North 870 feet of the Southeast Quarter, Northeast Quarter. 26.4 acres. 3. The North 870 feet of the West 625 feet of the Southwest Quarter, Northeast Quarter. 12.5 acres. 4. That part of the Northwest Quarter, Northeast Quarter except the South 825 feet of the West 690 feet. 26.9 acres. 5. .That part of the Northeast Quarter, Northeast Quarter lying Northeasterly of Primary Road 518 (Hwy 218) right of way. 2.9 acres. Areas in the Northwest Quarter Section 29, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. The North 495 feet of the East 355 feet of the Northwest Quarter. 4.0 acres. Areas in the Southwest Quarter Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. That part of the Southeast Quarter, Southwest Quarter lying Southeasterly of State Highway 1. 27.0 acres Areas in the Southeast Quarter Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. That part of the Southeast Quarter lying Southwesterly of State Highway 1 and Primary Road 518 (Hwy218) right of way. 42.0 acres. 2. That part of the Southeast Quarter lying Northeasterly of State Highway 1 and Primary Road 518 (Hwy218) right of way. 73.5 acres. Areas in the Northeast Quarter Section 20, Township 79~North, Range 6 West of the Fifth Principal Meridian: 1. That part of the Northeast Quarter lying Southerly of the Iowa City Municipal Airport and State Highway 1 right of way. 8.7 acres. Areas in the Southwest Quarter Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. .That part of the Southwest Quarter 21 except the North 600 feet there of . 123.6 acres. Areas in the Southeast Quarter Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian: 1. The South 720 feet of the West 345 feet of the Northwest Quarter, Southeast Quarter. 5.7 acres. Areas in the Northwest Quarter Section 28, Township 79 North, Range 6 West of the Fifth Principal Meridian: The North 425 feet of the West 580 feet of the Northwest Quarter. 5.7 acres. TOTAL AREA OF BENEFITED PROPERTIES = 388.6 ACRES Figure No. 3 LEGAL DESCRIPTION OF THE DANE ROAD TRUNK SEWER PROJECT Alignment 1 Dane Road Trunk Sewer Alignment 1 is a part of the Southeast Quarter Section 20, and the South Half Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, further described as follows: Commencing at the South Quarter Corner of Section 20; thence N 00°13'50" E along the West line of the Southeast Quarter of said Section 20, 588.85 feet; thence S 89°46'10" E 36.79 feet to a sanitary sewer manhole and the Point of Beginning; thence S 89°39'50" E along the centerline of the sanitary sewer 199.23 feet; thence S 88°51'34" E along said centerline 420.83 feet; thence N 89°48'03" E along said centerline 265.01 feet; thence S 89°43'53" E along said centerline 255.85 feet; thence S 68°33'03" E along said centerline 245.66 feet; thence S 32°09'06" E along said centerline 152.41 feet; thence N 53°48'50" E along said centerline 415.85 feet; thence S 71°19'13" E along said centerline 331.39 feet; thence S 71°49'06" E along said centerline 315.05 feet; thence N 89°48'18" E along said centerline 268.48 feet to manhole which is 388.47 feet North and 54.43 feet East of the Southeast Corner Section 20; thence N 00°11'34" E along said centerline 162.68 feet; thence N 11°55'02" E along said centerline 404.31. feet; thence N 2°46'30" E along said centerline 242.62 feet; thence N 82°51'46" E along said centerline 519.06 feet; thence N 81°53'54" E along said centerline 329.19 feet; thence N 3°46'40" W along said centerline 61.36 feet; thence N 84°04'32" E along said centerline 575.88 feet; thence N 84°14'38" E along. said centerline 545.87 feet; thence N 83°49'54" E along said centerline 595.54 feet to a manhole which is 1483.96 feet North and 62.98 East of the South Quarter Corner of Section 21; thence N 84°59'57" E along said centerline 587.04 feet; thence N 0°45'15" W along said centerline 41.50 feet to the Point of Termination; For the purpose of this description the West line of the Southeast Quarter Section 20 is assumed to bear N00°13'50"E. Alignment 2 Dane Road Trunk Sewer Alignment 2 is a part of the Northeast Quarter Section 20, and the Northwest Quarter Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa further described as follows: . Commencing at the East Quarter Corner of said Section 20; thence N 00°17'56" E along the East line of the Northeast Quarter of said Section 20, 1420.85 feet; thence N 90°00'00" E 39.22 feet to a Sanitary Sewer manhole and the Point of Beginning; thence S 35°14'41" W along the centerline of the Sanitary Sewer 398.05 feet; thence S 59°08'38" W along said centerline 400.38 feet; thence S 57°09'20" E along said centerline 399.83 feet; thence S 43°16'20" W along said centerline 399.46 feet; thence S 30°54'20" E along said centerline 350.83 feet to the Point of Termination. For the purpose of this description the East line of the Northeast Quarter of Section 20 is assumed to bear N 00°17'56" E. Alignment 3 Dane Road Trunk Sewer Alignment 3 is a part of the Southeast Quarter Section 20, and the Southwest Quarter Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, further described as follows: Commencing at the East Quarter Corner of said Section 20; thence S 00°09'12" W along the East line of the Southeast Quarter of said Section 20, 1043.61 feet; thence N 90°00'00" W, 89.48 feet to a Sanitary Sewer Manhole and the Point of Beginning; thence S 64°29'04" E along the centerline of the Sanitary Sewer 228.29 feet; thence S 71°33'48" E along said centerline 222.78 feet; thence S 79°55'00" E along said centerline 289.94 feet; thence S 88°52'53" E along said centerline 258.99 feet; thence N 84°50'44" E along said centerline 112.09 feet to the Point of Termination. 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A mJ n 0 ] A da m S ~ . NN ~O h ro B Zx~}} Y Z22a' yZMNZM ZO~M M pZ pp C - ~ u .r~i'~iR m~ ~$N VOI X41 Q'~ ~'y Y Q~wR rtL rtna'*~^ mI'~mmmmmmei m m n ~~". t ~ N 3 ~ Or Cl • ~ ~iT~ ~.~ ~ ~i~~CA- A A H qMN Z~i~ A 4 ry ZHMN YgyNy 9S yq~;8 ~IA~~' ~4j V y y$t s ~ m+yy~gf'y',~Qj Y o A lI LY. ..~ ~~g44'~'~r 'Y Thy. A ~ p1~,£_ jm° ~bt(~.II "~g:N. ~i +~"'nfmLt a nmg '~ p~^ Fi m'mYnYVm t.~_CaSN L• yN a~~r3m$ ~ ~ ~~g~ Q`~nii~~~~ ~~ „~~~ ~' ¢ 4r, o A zd n ii O n~ of y h~1~ ~1 w ~ ~W A S~ .~jnx o ~~ Z rc •t~3Dj~J O~ •~~. } R AR O A»O ~~~ ~ gs ~~a ~~Ym~ ~ ~~ ~'„w D 5 .F.Q ~p ~w '~ m' t" ~ n N [. ~µ0 CA N ~ p~ ~O~ FG Y~ ~ '~ A ~ "~ - 'g m ~c.rno. JC 0000: .p 3~go0i ve Dom'. ~0031p t-~wm... n ' e~w 7 VO O a ~..v~o? o .~onroo~ W<LSOVE -p"m ao, O~ O d OO<~ ~ ~~~ .. r9~ O)r D Figure No. 4 COST CERTIFICATION I, Ronald R. Knoche, City Engineer for the City of Iowa City, Iowa, hereby certify that the construction of the Dane Road Trunk Sewer has been completed in substantial accordance with the approved plans and specifications. I further certify that the total actual cost of the Dane Road Trunk Sewer Project is $1,549,007.24. This cost includes $228,346 in interest costs. ~~ ~Z____-=-- Ronald R. Knoche, P.E. City Engineer i~ a• co •• o d •• L n01 ~+ d > O •O Y O O =_ r+ 4 U 0 .+ N ~OOa~m~MM ~noa3>`_J ~WN~O++ Cf rn\a.-, c a ~a:+o>o O1\O++U ~ .+ w c OOf~ ~ L fA O W c U +~ -a .. c •• arr c-. n•aEOaQ~ ,•+LQwa UU WLE~ omaio-~ Y - O~LL'7Y m 0 N W Z d' U ~' m N In F 7 ~a Z N ~z V zO ~a ~ -a~ Q~ a ~~ WI---~•~w Z pU.~r~z ~Q~~~ W OTC ~ a $-'a O ~ w z W ~. ~ a W ¢ ~ ~' UQ g .S8'OZ*I ~ 5 ~ 3 .9S.LT.00 N ~ . ~ ~~ , Z N ~ = : Y, /' ~ ~ N Z ~ , ! J/ d ~ ~ ~~ _ N ¢ ~~. 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SN 0 N TI^I N ~ .L9'88~~ p~ p~,. o ~ ~ ~ ZU J Oooio~ CJ' ~+ y N Q J =~= =Z= y.O r~ co ~~ fU n L7 .aZr W 6 ~ ~ N A: i ~ °' ao H Z y I ., h `' ~ , d W o Z _~ Z o. 0~ ~ Q. a J Z ~D ~ OEM ~ I t~3 ~o ~ ap ~ o a.z ~ rn cS~ 0 nx ~ZC~ WN ~~ V~ \ ~V~ 3 .OS,£I.00 ,S8'88S VY N k W LU Z ~~ ~1 ~ ~: Cppl W Q U. J ~ m Q 0 `~y tf~ x > s ~8 ~~ ~~ ~ ~~e ~~ Z~ y `~: Prepared by: Daniel Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 16, CHAPTER 3 ENTITLED "CITY UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-3B-10, ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE SCOTT PARK TRUNK SEWER PROJECT" WHEREAS, Section 16-36-1 through 16-3B-3 of the City Code of Iowa City, Iowa authorizes the City to adopt and implement project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities; and WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project costs; and WHEREAS, the Cit has completed construction of the Scott Park Trunk Sewer to serve the northeast side of Iowa City a d the cost of the project is now subject to formal collection via the "tap-on fee structure"; and WHEREAS, it is in the pu lic interest to equitably apportion the costs associated with extension of sanitary sewer to those properties enefited by the extension. NOW THEREFORE, BE IT RDAINED BY THE CITY COUNCIL OF~E CITY OF IOWA CITY, IOWA, THAT: ,- SECTION I. AMENDMENT. Title 16, apter 3 entitled "City Utilities" of t e Code of Ordinances of the City of Iowa City, Iowa, is hereby amend d by adopting a new section 16- 10 to read as follows: 16-36-10: PROJECT SPECIFIC TAP-ON E FOR THE SCOTT PA TRUNK SEWER PROJECT: A. General Project Description: 1. The Scott Park Trunk Sewer ("Proje t") provides gravit sanitary sewer to areas northeast of Court Street and Scott Boulevard to Roch ter Avenue. Th~ trunk sewer is an extension of sanitary sewer to areas that previously could not be served by gr ity sewer and was made possible by the upgrade of the Court Hill Trunk Sewer. T e Project ncludes the construction of fourteen (14) manholes and three thousand two hundred an fifty (3 50) lineal feet of sanitary sewer pipe ranging in size from eight inch (8") to eighteen inch (18") in d' meter. 2. The City Council determined that installatio f the Project would facilitate development of the northeast side of Iowa City as designated in Fi re 1. The Project was initiated by the City of Iowa City to encourage compact contiguous develo e t in the area with sanitary sewer service provided at a reasonable cost. 3. An agreement regarding prepayment d collec 'on of sanitary sewer tap-on fees has been made between the City of Iowa City and the d elopers of ochester Heights. B. Actions Taken by City Council in A roving the P ject: 1. On August 19, 2003, the City uncil held a publ hearing on the plans, specifications, form of contract, and cost estimate. Following the public heari g the City Council passed Resolution 03-213 approving the Project and fixing the date for bids. The ity Council awarded the Project construction contract to Bockenstedt Excavating, Inc. on Septembe 23, 2003 via Resolution 03-297. The City Council accepted the work for the Project on May 18, 20 via Resolution 04-147. C. Total Project Cost: The total actual cost of the Proje as certified by the City Engineer, is two hundred twenty-two thousand seven hundred sixty-nine d Ilars and sixty-two cents ($222,769.62). D. Total Area Benefited: The Project benefits a total of tw hundred fourteen and fifty-six hundredths (214.56) acres (see Figure 1). E. Building Permits: All tap-on fees must be paid prior toyconnection to the City's sanitary sewer. No building permits shall be issued for any parcel or tract of land located in the benefited area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. F. Schedule of Fees: The tap-on fee for the benefited area shall be one thousand thirty-eight dollars and twenty-six cents per acre ($1,038.26 per acre). The fee reflects the actual costs of the benefits associated with the area and is in addition to any other project specific tap-on fees established. G. Agreements With Developers: The City may, in its discretion, enter into agreements with developers subdividing property in the benefited area, to allow equalization of the tap-on fees among the lots in the subdivision, including agreement for the prepayment of tap-on fees and development sequencing. Such agreements shall not in any way alter the requirements regarding building permits set forth in Subsection E. Ordinance No. Page 2 H. Properties Exempt From Project Specific Tap-On Ordinance: This Project serves 10.03 acres of existing development. No tap-on fees will be charged to residents in this area, which includes the addresses on Hummingbird Lane. I. Maps and Illustrations: 1. Figure 1 -General boundary map of the project area showing location of the benefited properties, exempt properties, and the location of the constructed Project. 2. Figure 2 -Legal description of the properties benefited by the construction of the Project. 3. Figure 3 -Legal scription of the Project. A plat of the Project has been recprded in the office of the Johnson County ecorder as denoted in Book 49, Page 33 and is also n file in the office of the City Engineer. Sai lat is incorporated herein by reference. 4. Figure 4 -City Engineer's ost certification. SECTION II. REPEALER. All ordin ces and parts of ordinances in conflict wit the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any se ~on, provision or part of the Ordinanc shall be adjudged to be invalid or unconstitutional, such adjudicati shall not affect the validity of th Ordinance as a whole or any section, provision or part thereof not adj ged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordin ce shall be in effect after it final passage, approval and publication, as provided by law. Passed and approved this day of ~ 009. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office It was moved by and second by be adopted, and upon roll call there were: AYES: NAYS: ABS T: ~_ Bailey f Champion Correia Hayek O'Donnell Wilburn Wright First Consideration Vote for passage: Second Consideration _ Vote for passage: Date published that the Ordinance as read pweng\ord\taponfee\scott park.doc Not to Scale Benefitted Properties ~o \~ ~ ~/- ~, ~~ R ~~~ '~ ~Sl ' __~,. He/en Lemme School ' i i m b Figure 1 GENERAL BOUNDARY MAP M~~~~~` •~' ~ ~• ~ .~ - ~~ - •~~~~• ~ •~'~~ ~ 1 ~~ ~ 1 _ 1 1 Scott Park Trunk - ~ Sanitary Sewer - ~ ~ ~ 1 - 1 1 Properties ~~O _ Exempt ~j, 1~ M ARV Ct \~~~' -~~M« s qR PNYLLIS Pl ~ ~ ~ ~ ~ ~~ ~~~~~o ^ ~ ~ ~ m 4NN ^ r~ ~e Scott Park 1 ~- Figure No. 2 Property Address Leal Description Area (acres) 3405 ROCHESTER AVE COM ON S LINE HWY 1 34' E 1.02 OF W LINE 7-79-5 E 149.73' S 299.4' W 149.73' N 299.4' TO BEG THAT PART OF W 300' SW NW 3500 LOWER WEST BRANCH RD DESC AS AUD. PAR. #97040 IN 2.38 SURVEY BK 37 PG 347 COMM C/L OF OLD HWY 1 3661 ROCHESTER AVE 807.3' NELY OF INTERSECTION 4.00 WITH W/L 7-79-5;S 296.77' TO BEG.; S 404'; E 432'; N 404'; W 432' TO POB LOT 1 EXCEPT LAND CONVEYED 4643 HERBERT HOOVER HWY SE TO JOHNSON COUNTY IN BOOK 997 7.90 TEGLER SUBDIVISION 4640 LOWER WEST BRANCH RD SE LOT 2 13.92 COMM AT PT OF INTER S ROW LINE OF HWY 1 & W LINE OF W 4653 HERBERT HOOVER HWY SE 1/2 NE NW; THENCE S 144'; E 0.54 145';N 181.95'; THENCE SWLYALONG ROAD TO BEG .54A TRACT "B" OF BOUNDARY 4665 HERBERT HOOVER HWY SE SURVEY AS DESCRIBED 10.95 INBOOK 29, PAGE 67 E 1/2 NE NW EXCEPT LAND 4679 HERBERT HOOVER HWY SE CONVEYED IN BOOK 998 18.55 PAGE 460 AS EASEMENT TO JOHNSON COUNTY COM NE COR SW W 1639.8' 4641 LOWER WEST BRANCH RD SE TO PT OF BEG; S 218' W 100' 0.50 N 218' E100' TO BEG Property Address Le;?al Description Area (acres) 4659 LOWER WEST BRANCH RD SE COM NE COR SW SEC N 87DEG 45' W ALONG N LINESW 954.7' TO BEGS 2 DEG 15' W 321.4' N 87 DEG 45'W249.1'N2DEG15'E 321.4' S 87 1.84 COM NE COR SW N 87 DEG45' 4667 LOWER WEST BRANCH RD SE W ALONG N LINE SW 707.5' TO 1.83 BEGS2DEG15'W321.4'N87 DEG 45'W247.2'N2DEG15'E 321.4' S 87 DEG 4694 LOWER WEST BRANCH RD SE E 10A SE NW 9.60 " 290 HUMMINGBIRD LN * 164 HUMMINGBIRD LN * 140 HUMMINGBIRD LN * 110 HUMMINGBIRD LN 66 HUMMINGBIRD LN 1285--1 ROYCE'S FIRST SUBDIVI SION LOT 1 COM 2045.12' N OF SW COR 7- 79-5;E 769.70'TO PT OF BEGS 110'; E 303.59';N 110';W 303.59'TO BEG 0.77AC COM AT A PT ON C/L RD 2045.12'N OF SW COR 7-79-5; E 769.70';S ODEG 01'W 110' TO PT OF BEG;E 303.59';S 140'; S 140';W 303.59'; COM 2045.12'N & 769.7'E OF SW COR 7-79-5 S 240-TO PT OF BEG; E 303.59'; S 140THEN CE W 303.59'; N 140' TO BEG 0.98 AC 1668--2 LYMAN SUBDIVISION LOT 2 1.00 0.77 0.98 0.98 1.30 " 32 HUMMINGBIRD LN Property Address ROCHESTER HEIGHTS SUBDIVISION OLDE TOWNE VILLAGE SUBDIVISION LINDEMAN SUBDIVISION PARTS 3 & 4 1668--1 LYMAN SUBDIVISION LOT 1 Leal Description LOTS 21 - 60 LOTS 1 - 49 LOTS 63 - 166 1.00 Area (acres) 13.75 33.21 63.19 -------------------------------- TOTAL 183.19 acres * EXEMPT -HUMMINGBIRD LANE total acres = 6.03 Figure No. 3 Scott Park Trunk Sewer is a part of the Northwest Quarter and the Southwest Quarter Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, further described as follows: Commencing at the West Quarter Corner of Section 7 a cut X in the road; thence N01 °06'32"W along the West line of Section 7 564.26 feet; thence N90°00'00"E 52.98 feet to a sanitary sewer manhole the Point of Beginning; thence N88°55'04"E along the centerline of the sanitary sewer 173.85 feet; thence N88°28'47"E along said centerline 157.16 feet; thence S50°42'24"E along said centerline 401.59 feet; thence S50°41'43"E along said centerline 199.52 feet; thence S75°55'31"E along said centerline 138.35 feet; thence S45°10'49"E along said centerline 302.45 feet; thence S19.°21'15"E along said centerline 220.90 feet; thence S32°15'06"E along said centerline 381.82 feet; thence S10°37'09"E along said centerline 400.08 feet; thence SN11°13'53"E along said centerline 240.34 feet; thence S78°19'33'E along said centerline 119.56 feet; thence S11°29'17"E along said centerline 248.16 feet; thence S10°59'19"E along said centerline 265.60 feet the Point of Termination; For the purpose of this description the West line of the Northwest Quarter Section 7 is assumed to bear N01°06'32"W. a J~ a •. ..o ~40~ L °>o v ~~ o ~ M mSoz>~ ~ ON 0 O r O ~tl~a..~ a o>o T O~~O CO OONOo Oc = m.. °na EOO~ ~..La ~a~ =_ vuoLy Y ~KLL'~Y m ~~~~~ ~o ~~~~,~S~ o~ n ~ J ° S. a m m N gm Z~ I PN G ~ \\ Z !""'1 ~g 3~a° Q~~ ,~u~z ~z U ,F . _.1 ~ ~____.. } { r" 1 I ~___...._.T- y~ I -, '~ d fl ~ T-- ~o N N C'9 Q W Y Z Q Y d 0 U Q Z a Y Z U ~ W ~ d Y ~a ~ °~ J aia ~~~~ ~~~ ~~~ ~~ ~$$ ~j~ ~~~ fl i 1~ 4 L 4N n _ m g ~ r r o j e ~ r C'OG Ni E O Y*Or4db*yi+4YMr OZ Lft aZ 4 N kk4kk 40.0. 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' ~Y <N ~ CD ~ f31 'rl' <a hl f~"f O Y ~ N ~ ... N N. Vi N W' w~ 'W W. W W. W W {.~ W W W W t W N m N W Y O 'rt ' ~ N ~ !r1 N ~ ~ N l7 O. CI i .. m, N. .IS O d. m ~. to A!3 A Y ti CS ..~ '-~ n rl .-i A Z Z G9 H W. N N {? (4 f/1 N fA N W ~ ~ ~ ~ .~.1 ~ .D J J ~ .~.1 1 ~ ~ J ----~~ __ f7HV111ly ~\~ as ~ ~~r~ si0n j~/ ~~ _ - ~~'t~ g f ~ ~ F ~~ ~a ~~ `°-V ~ _ ___-- i i ; ~S~~ ~J~~~~ _._ _ ~~• ~~ ~ ~` '. ~~ ~ I cu+T I 0 ~ ~' Z d ~' U _. 2~ ;. ~ _..._.... O N O ~~ O X4--1 01 6 o 0 7 U'I d,~ i~j ° P ~~ -- n _~ __. ~ ~~ __ `\ + '~ ~~ -- - ~~ , 4 '~ .. Prepared by: Daniel Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 16, CHAPTER 3 ENTITLED "CITY UTILITIES" OF THE CITY CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-3B-10, ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE SCOTT PARK TRUNK SEWER PROJECT" WHEREAS, Section 16-3B-1 through 16-36-3 of the City Code of Iowa City, Iowa authorizes the City to adopt and implement project specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities; and WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project costs; and WHEREAS, the City has completed construction of the Scott Park Trunk Sewer to serve the northeast side of Iowa City and the cost of the project is now subject to formal collection via the "tap-on fee structure"; and WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of sanitary sewer to those properties benefited by the extension. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 16, Chapter 3 entitled "City Utilities" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adopting a new section 16-36-10 to read as follows: 16-36-10: PROJECT SPECIFIC TAP-ON FEE FOR THE SCOTT PARK TRUNK SEWER PROJECT: A. General Project Description: 1. The Scott Park Trunk Sewer Project ("Project") provides gravity sanitary sewer to areas northeast of Court Street and Scott Boulevard to Rochester Avenue. This trunk sewer is an extension of sanitary sewer to areas that previously could not be served by gravity sewer and was made possible by the upgrade of the Court Hill Trunk Sewer. The Project included the construction of fourteen (14) manholes and 3,250 linear feet of sanitary sewer pipe ranging from eight inch (8") to eighteen inch (18") in diameter. 2. The City Council determined that the Project would facilitate development of the northeast side of Iowa City as designated in Figure 1 of this section and encourage compact, contiguous development in the area with sanitary sewer service provided at a reasonable cost. B. Actions Taken by City Council in Approving the Project: 1. On August 19, 2003, the City Council held a public hearing on the plans, specifications, form of contract, and cost estimate. Following the public hearing the City Council passed Resolution 03-213 approving the Project and fixing the date for bids. The City Council awarded the Project construction contract to Bockenstedt Excavating, Inc. on September 23, 2003, via Resolution 03-297. The City Council accepted the work for the Project on May 18, 2004, via Resolution 04-147. C. Total Project Cost: The total actual cost of the Project, as certified by the City Engineer, is $222,769.62. D. Total Area Benefited: The Project benefits a total of 214.56 acres (see Figure 1). E. Building Permits: All tap-on fees must be paid prior to connection with the City's sanitary sewer. No building permits shall be issued for any parcel or tract of land located in the benefited area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. F. Schedule of Fees: The tap-on fee for the benefited area shall be $1,038.26 per acre. The fee reflects the actual costs of the benefits associated with the area and is in addition to any other project specific tap-on fees established. G. Agreements With Developers: The City may, in its discretion, enter into agreements with developers subdividing property in the benefited area to allow equalization of the tap-on fees among the lots in the subdivision, including agreement for the prepayment of tap-on fees and development sequencing. Such agreements shall not in any way alter the requirements regarding building permits set forth in Subsection E. H. Properties Exempt From Project Specific Tap-On Ordinance: This Project serves 10.03 acres of existing development. No tap-on fees will be charged to residents in this area, which includes the addresses on Hummingbird Lane south of Lower West Branch Road. I. Maps and Illustrations: Ordinance No. Page 2 1. Figure 1 -General boundary map of the project area showing location of the benefited properties, exempt properties, and the location of the constructed Project. 2. Figure 2 -Legal description of the properties benefited by the construction of the Project. 3. Figure 3 -Legal description of the Project. A plat of the Project has been recorded in the office of the Johnson County Recorder as denoted in Book 49, Page 33 and is also on file in the office of the City Engineer. Said plat is incorporated herein by reference. 4. Figure 4 -City Engineer's cost certification. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 , 2009. MAYOR ATTEST: CITY CLERK Approved by Gfif A _ ~ 1 ~~''~ City Attorney's Office -~( S~d ~ It was moved by and seconded by be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright that the Ordinance as read First Consideration 3 / 10 / 2009 NAYS• NonetefoA~~~e:NoneS: Correia, Hayek, O'Donnell., Wilburn, Wright, Bailey, Champion. Second Consideration _ Vote for passage: Date published pweng\ord\taponfeelscott park.doc Not to Scale ~~ ~~ Benefitted Properties r ~~ • s~ ~~~ ~• ~Sr ~• ~~~d •.. ,~ _~....i t Helen Lemme School 1 -- - -w9 1 m b ST Figure 1 GENERAL BOUNDARY MAP ~^.~^~ ~ •~~ ~ ,~ ~ .~ ~ ~~ 1 ~,r„ • ~ r ~' ~'~ ~ ~ •~• ~ ~ _ ~ ~~.~.~ 1 - ~ 1 ~ Scott Park Trunk = 1 Sanitary Sewer '~ ~ ~ ~ ~ i ~ ~ - ~ ~ i _ i - - ^ Properties - ~'~ ~ ~ Exempt ~ ~ -r;~"" ~~"- ~ ^ ~ ~ ~ b ~ ~ ANN /` , y f , tt i„ JER~TMY 1 ^ ~ AM RY ~~ IL .:;0~~ MA ~ . GUSTAV ST , a -~ ~ r- ^ DEWOOD qR PNYLUS ~~ ~ ~ ED ~ , 1 -.~~,- ~ ', --------~ ~ ~ N _ - a (~ ,~'~ rj Scott Park Figure No. 2 Property Address Legal Description Area (acres) 3405 ROCHESTER AVE COM ON S LINE HWY 134' E OF W LINE 7-79-5 E 149.73' S 299.4' W 149.73' N 299.4' TO BEG THAT PART OF W 300' SW NW 3500 LOWER WEST BRANCH RD DESC AS AUD. PAR. #97040 IN SURVEY BK 37 PG 347 COMM C/L OF OLD HWY 1 3661 ROCHESTER AVE 807.3' NELY OF INTERSECTION WITH W/L 7-79-5;S 296.77' TO BEG.; S 404'; E 432'; N 404'; W 432' TO POB 1.02 2.38 4.00 LOT 1 EXCEPT LAND CONVEYED 4643 HERBERT HOOVER HWY SE TO JOHNSON COUNTY IN BOOK 997 7.90 TELLER SUBDIVISION 4640 LOWER WEST BRANCH RD SE LOT 2 13.92 COMM AT PT OF INTER S ROW LINE OF HWY 1 & W LINE OF W 4653 HERBERT HOOVER HWY SE 1/2 NE NW; THENCE S 144'; E 0.54 145 ;N 181.95; THENCE SWLYALONG ROAD TO BEG .54A TRACT "B" OF BOUNDARY 4665 HERBERT HOOVER HWY SE SURVEY AS DESCRIBED 10.95 INBOOK 29, PAGE 67 E 1/2 NE NW EXCEPT LAND 4679 HERBERT HOOVER HWY SE CONVEYED IN BOOK 998 18.55 PAGE 460 AS EASEMENT TO JOHNSON COUNTY COM NE COR SW W 1639.8' 4641 LOWER WEST BRANCH RD SE TO PT OF BEG; S 218' W 100' 0.50 N 218' E100' TO BEG Property Address Le;;al Description Area (acres) 4659 LOWER WEST BRANCH RD SE COM NE COR SW SEC N 87DEG 45' W ALONG N LINESW 954.7' TO BEGS 2 DEG15'W321.4'N87DEG 45'W249.1'N2DEG15'E 321.4' S 87 1.84 COM NE COR SW N 87 DEG45' 4667 LOWER WEST BRANCH RD SE W ALONG N LINE SW 707.5' TO 1.83 BEGS2DEG 15'W321.4'N87 DEG 45'W247.2'N2DEG 15'E 321.4' S 87 DEG 4694 LOWER WEST BRANCH RD SE " 290 HUMMINGBIRD LN 164 HUMMINGBIRD LN * 140 HUMMINGBIRD LN * 110 HUMMINGBIRD LN 66 HUMMINGBIRD LN E 10A SE NW 1285--1 ROYCE'S FIRST SUBDIVI SION LOT 1 COM 2045.12' N OF SW COR 7- 79-5;E 769.70'70 PT OF BEGS 110'; E 303.59';N 110';W 303.59'70 BEG 0.77AC COM AT A PT ON C/L RD 2045.12'N OF SW COR 7-79-5; E 769.70';S ODEG 01'W 110' TO PT OF BEG;E 303.59';S 140'; S 140';W 303.59'; COM 2045.12'N & 769.7'E OF SW COR 7-79-5 S 240-TO PT OF BEG; E 303.59'; S 140THEN CE W 303.59'; N 140' TO BEG 0.98 AC 1668--2 LYMAN SUBDIVISION LOT 2 9.60 1.00 0.77 0.98 0.98 1.30 * 32 HUMMINGBIRD LN Property Address ROCHESTER HEIGHTS SUBDIVISION OLDE TOWNE VILLAGE SUBDIVISION LINDEMAN SUBDIVISION PARTS 3 & 4 1668--1 LYMAN SUBDIVISION LOT 1 Legal Description LOTS 21 - 60 LOTS 1 - 49 LOTS 63 - 166 1.00 Area (acres) 13.75 33.21 63.19 TOTAL 183.19 acres * EXEMPT -HUMMINGBIRD LANE total acres = 6.03 Figure No. 3 Scott Park Trunk Sewer is a part of the Northwest Quarter and the Southwest Quarter Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, further described as follows: Commencing at the West Quarter Corner of Section 7 a cut X in the road; thence N01 °06'32"W along the West line of Section 7 564.26 feet; thence N90°00'00"E 52.98 feet to a sanitary sewer manhole the Point of Beginning; thence N88°55'04"E along the centerline of the sanitary sewer 173.85 feet; thence N88°28'47"E along said centerline 157.16 feet; thence S50°42'24"E along said centerline 401.59 feet; thence S50°41'43"E along said centerline 199.52 feet; thence S75°55'31"E along said centerline 138.35 feet; thence S45°10'49"E along said centerline 302.45 feet; thence S19.°21'15"E along said centerline 220.90 feet; thence S32°15'06"E along said centerline 381.82 feet; thence S10°37'09"E along said centerline 400.08 feet; thence SN11°13'53"E along said centerline 240.34 feet; thence S78°19'33'E along said centerline 119.56 feet; thence S11°29'17"E along said centerline 248.16 feet; thence S10°59'19"E along said centerline 265.60 feet the Point of Termination; For the purpose of this description the West line of the Northwest Quarter Section 7 is assumed to bear N01 °06'32"W. FIGURE 4 COST CERTIFICATION I, Ronald R. Knoche, City Engineer for the City of Iowa City, Iowa, hereby certify that construction of the Scott Park Trunk Sewer Project has been completed in substantial conformance with the approved plans and specifications. I further certify that the total actual cost for the Scott Park Sanitary Trunk Sewer Project is $222,769.62. ' i~~~. Ronald R. Knoche, P.E. City Engineer pweng\ord\taponfee\scott park.doc 5 ~' a •• ••o y •• L n rn.+ m > o -a ~ L ~ Y O O w+ N U /~ p .-. m `_ , 00m~a~ M rooa3> OINmOY d W\dM C LL N O ~ in .+0 > o O/\O++U .+l'7 C O O~ U ~ 'a •• ~ .. m ++ c -~ D'aEOrt srLQ as ~ UUmtE ommo-I Y G~LL'7Y [D III W J ~{+ a ~ rM a c ~ ~ +- ~ ~c 4~ ~ e o ~o a° i y i ~, d m m a a a a a a a a a d C L I~ 6 ~ a H t ~D W.(V'IA IA o N~1 W t~7 t0 ~ .O ° a i+ ""~In~~0~00oo1n~1D III, P w a.-i m N' Ca ~ ~jc~~~~~~[C +'E L L LL ~~ L y N d d d d O: OCi d N d N~ ~~ L~ d ~~°.~_ ,+;3~~ a uuuuuuuuuu~~ ~~ d 'Y a e mI~On+' a 3ia~-a~'a'r3'a3~ ~ ~I` H NH O ~ Oi ~ P ~ ~~ ~ ~ UI IA N N YI 111 ~ ~~Nppp~ ~ IOCJ ii o3 a 3 a ul~ d a 6 d 6:d 6~ d d d d'~.O C4..N Y~yIA'8 m.~yW~:~i+WWWWWWW:WWlJI.1.W~°d C amp~s ~N~~ GC QI~'lUrt~~~O~P~<'7'~-w C YI* ~~ C V +'~ Hoi+~~~~1.+_I~b'"It71~~~O~.T C~~ ~C [~ d d~~o OOD~~ ~©~IOJAp~(f~U~~'~p'"oq.~y_b d G~~ id ds~ ~Z C=O.Z,A~'~~~NNN'49NN'Vi~N~ ~~N °'d~oir ~d~a~a'"ad~aaaaaao,aera+~.~i ~~z°O~ c~~c~id~~cc~c~~CCC~~i'~ v~on~ ~~~~~~N~~~~~~~~~~~~~~ W W ~ ~/1 w ^a w C ny 'QQ. ~ ~ ~~ p0 ~ ~ v ~ a~a A -. `4~ .~~z ~. ~ '~ .~ ~ ~a ___ _-_.. ___... ~~ ~, ~a .--1 ........_..._........ 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NN ~ v ,~. w n w a+ a .., .-~ ..~ .cu .+ ra .,~ ..:...___.........._~....~,..._. w . .............. r ... jai \ \ ,. ~,yrl~~~r ~ j vl?~iV~ ;~(,i ~ ,~~..; ~ FIGURE 4 COST CERTIFICATION I, Ronald R. Knoche, City Engineer for the City of Iowa City, Iowa, hereby certify that construction of the Scott Park Trunk Sewer Project has been completed in substantial conformance with the approved plans and specifications. I further certify that the total actual cost for the Scott Park Sanitary Trunk Sewer Project is $222,769.62. i~~~. Ronald R. Knoche, P.E. City Engineer pweng\ord\taponfee\scott parl<.doc ~-~~. ~ r5 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE N0. 09-4328 ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 2, ENTITLED, "ELECTRICAL CODE," TO ADOPT THE STATE ELECTRICAL STANDARDS AND ANNEX H OF THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE AS THE CITY'S ELECTRICAL CODE. WHEREAS, the State of Iowa recently adopted the 2008 edition of the National Electrical Code for the requirements of electrical installations; WHEREAS, the City's current electrical code is the 2005 edition of the National Electrical Code with local amendments; WHEREAS, section 103.29 of the Code of Iowa allows political subdivisions to adopt electrical standards that are not less stringent that the state standards; WHEREAS, by adopting the State standards without amendment, local electricians will benefit from having one uniform set of electrical standards; WHEREAS, the State did not adopt any of the annexes to the 2008 National Electrical Code; WHEREAS, Annex H consists of administrative provisions, such as issuing permits and conducting inspections; and WHEREAS, the Board of Appeals has recommended adopting the state electrical standards and Annex H of the 2008 National Electric Code, and it is in the best interest of the City to do so. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 3, entitled "Electrical Code," Section 1, entitled "Code Adopted," is hereby amended by deleting Section 1 in its entirety and substituting the following new Section 1: Subject to the amendments described in section 17-3-2 of this chapter, the electrical standards of the State of Iowa as set forth in 661-Chapter 504 of the Iowa Administrative Code and Annex H Administration and Enforcement (Chapter 80) to the 2008 edition of the National Electrical Code 2008 are hereby adopted. This chapter shall be known as the Iowa City Electrical Code, or Electrical Code, and may be so cited. 2. Title 17, entitled "Building and Housing," Chapter 3, entitled "Electrical Code," Section 2, entitled "Amendments to Code," is hereby amended by deleting Section 2 in its entirety and substituting the following new Section 2: The Electric Code adopted by section 17-3-1 of this chapter is hereby amended as follows: A. Section 80.1 Scope. Modify by lettering existing text with a letter designation (A) and adding new section (B) as follows: (B) Violations: It shall be unlawful for any person, firm or corporation to construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain an electrical system or equipment or cause or permit the same to be done in violation of this code. B. Section 80.2 Definitions. Modify by deleting in its entirety and insert in lieu thereof the following: 80.2 Definitions Authority Having Jurisdiction. The organization, office, or individual responsible for approving equipment, materials, an installation, or a procedure. Chief Electrical Inspector. A building inspector who either is the authority having jurisdiction or is designated by the authority having jurisdiction and is responsible for administering the requirements of this code. Electrical Inspector. A building inspector authorized to perform electrical inspections. C. Section 80.9 Application. Modify by adding parts D and E to the end of the section as follows: (D) Maintenance: All electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this code shall be maintained in conformance with this code. The owner or designated agent shall be responsible for the maintenance of the electrical system. To determine compliance with this subsection, the building official may require any electrical system to be re-inspected. (E) Moved Buildings: Electrical systems and equipment which are part of buildings or structures moved into or within this jurisdiction shall comply with the provisions of this code for new installations. Ordinance No. 09-4328 Page 2 D. Section 80.13 Authority. Modify by deleting (16) and insert in lieu thereof the following (16) and add new subsections (17), (18), and (19): (16) Each application for a waiver of a specific electrical requirement shall be filed with the authority having jurisdiction and shall be accompanied by such evidence, letters, statements, results of tests, or other supporting information as required to justify the request. The authority having jurisdiction shall keep a record of actions on such applications, and a signed copy of the authority having jurisdiction's decision shall be provided for the applicant. Expenses for test verification required by the building inspector shall be made at no expense to this jurisdiction. (17) Stop Orders: When work is being done contrary to the provisions of this code, the building official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall immediately stop such work until authorized by the building official to proceed with the work. (18) Connection After Order To Disconnect: Persons shall not make connections from any energy or power supply nor supply power to an electrical system or equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of the electrical system or equipment. (19) Unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the uniform code for the abatement of dangerous buildings, as amended, or an alternate procedure as may be adopted by this jurisdiction. As an alternative, the building official or other employee or official of this jurisdiction as designated by the governing body may institute other appropriate action to prevent, restrain, correct or abate the violation. E. Section 80.15. Delete and insert in lieu thereof the following: 80.15 Appeals: See section 17-12 appeals in the city code. F. Section 80.17. Delete in its entirety. G. Section 80.18. Insert a new section 80.18 licenses as follows: 80.18 Licenses: See section 17-11 of the city code. H. Section 80.19 Permits And Approvals. Modify by deleting in its entirety and insert in lieu thereof the following: 80.19 Permits: (A) Permits Required: Except as specified in subsection B of this section, no electrical work regulated by this code shall be installed, altered, repaired, replaced or remodeled unless a separate electrical permit for each building or structure has first been obtained from the building official. (B) Exempt Work: An electrical permit shall not be required for the following: 1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current-carrying parts of any switch, contactor, control device or contact device of the same type and/or rating. 5. Replacement of any over-current device of the required ampacity and interrupt rating in the same location. 6. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 7. Temporary wiring for experimental purposes in suitable experimental laboratories. 8. The wiring for temporary theater, motion picture or television stage sets. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (C) Application For Permit: 1. To obtain a permit, the applicant shall first file a written application on a form furnished by the code enforcement agency, or its successor, for that purpose. Every such application shall: Ordinance No. 09-4328 Page 3 a. Identify and describe the work to be covered by the permit for which application is made. b. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. c. Indicate the use or occupancy for which the proposed work is intended. d. Provide plans, diagrams, computations and specifications and other data as required in subsection 2 of this section. e. The permittee, or authorized agent, must sign the application. f. Give such other data and information as may be required by the building official. 2. Submittal Documents: a. Plans, Diagrams, Etc.: Plans, specifications, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The building official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. b. Exception: The building official may waive the submission of plans, calculations, etc., if the building official finds that the nature of the work applied for is such that review of plans is not necessary to obtain compliance with this code. 3. Information On Plans And Specifications: a. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. b. Plans for buildings more than two (2) stories in height of other than groups R, division 3 and M occupancies shall indicate how required structural and fire-restrictive integrity will be maintained where a penetration will be made for electrical and communication conduits, pipes and similar systems. (D) Permittee: 1. An electrical permit may be issued to any person holding a valid master electrician license as described in Section 17-11-1 E of the Iowa City Code, or to any company who employs a duly licensed master electrician on a full-time basis who supervises the work of the electricians during the company's normal business hours. 2. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection with the permit. All work shall comply with this article. Applicants for a homeowner's permit shall pass the designated exam before a permit may be issued. 3. The homeowner's test required in subsection 2 of this section may be waived if the applicant is a duly licensed electrician with a minimum of a journeyman status. (E) Permits Issued: 1. Issuance: a. The building official shall review the application, plans and specifications, and other data, filed by an applicant for a permit. Other departments of this jurisdiction may review the plans to verify compliance with any applicable laws under their jurisdiction. When the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that all pertinent fees specified in section 80.19(G) of this article have been paid, the building official shall issue a permit to the applicant. b. When the building official issues a permit, the plans and specifications shall be endorsed in writing or stamped "APPROVED". Such approved plans and specifications shall not be changed, modified or altered without authorization from the building official, and all work regulated by this code shall be done in accordance with the approved plans. c. The building official may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been Ordinance No. 09-4328 Page 4 submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. However, the holders of such permits shall proceed at their own risk without assurance that the permit for the entire building, structure or building service will be granted. 2. Retention Of Plans: One set of approved plans, specifications and computations shall be retained by the building official until final approval of the work is given. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times while the work authorized thereby is in progress. 3. Validity Of Permit: a. The issuance of a permit or the approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code, or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. b. The issuance of a permit based upon plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of these codes or of any other ordinances of this jurisdiction. 4. Expiration: a. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefore shall be one-half ('/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. b. A permittee holding an unexpired permit may apply for an extension of the time within which work may be commenced under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Suspension Or Revocation: The building official may, in writing, suspend or revoke a permit issued under the provisions of this code if the permit was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the jurisdiction. (F) Insurance: Before any permit to perform electrical work may be issued, the applicant shall have on file with the building official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000.00) property damage and five hundred thousand dollars ($500,000.00) bodily injury: The city shall be named as additional insured. The policy shall also provide for at least ten (10) days' notice by the insurer to the city of termination of the policy by the insured or insurer. Electrical permits issued under subsections 80.19(D)1 and 2 of this article shall be exempted from this insurance requirement. (G) Fees: 1. Permit Fees: The fee for each electrical permit shall be as set forth by resolution of city council. 2. Work Commencing Before Permit Issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to Ordinance No. 09-4328 Page 5 a fee equal to the amount of the permit if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. Only the building official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. 3. Fee Refunds: The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. (H) Inspections: 1. General: a. All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the building official, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the building official. b. It shall be the duty of the permit applicant to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for the expense of removing or replacing any material to permit inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this code shall not be connected to the energy source until authorized by the building official. c. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 2. Inspection Requests: It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. It shall be the duty of the person requesting inspections required by this code to provide access to and means for inspection of such work. 3. Operation Of Electrical Equipment: The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the building official not more than forty eight (48) hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. 4. Other Inspections: In addition to the called inspections required by this code, the building official may make or require other inspections of any work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency or its successor. 5. Reinspections: a. Incomplete Work: A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspections. b. Failure To Provide Plans, Access: Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, for not completing the corrective actions from original inspections, or for deviating from plans requiring the approval of the building official. To obtain a reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose, and pay the reinspection fee as set by resolution of city council. When reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Ordinance No. 09-4328 Page 6 (I) Connection Approval: 1. Energy Connections: An electrical system or equipment regulated by this code for which a permit is required shall not be connected to a source of energy or power until approved by the building official. 2. Temporary Connections: The building official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for use under a temporary certificate of occupancy. I. Section 80.21.C. Delete responsibility of the authority having jurisdiction in its entirety. J. Section 80.23. Delete notice of violations in its entirety. K. Section 80.25.C. Delete notification in its entirety. L. Section 80-25.E. Delete and insert in lieu of 80.25.E as modified: 80.25.E Disconnection. Where a connection is made to an installation that has not been inspected, as outlined in the preceding paragraphs of this section, the supplier of electricity shall immediately report such connection to the .chief electrical inspector. If, upon subsequent inspection, it is found that the installation is not in conformity with the provisions of article 80, the chief electrical inspector shall notify the person, firm, or corporation making the installation to rectify the defects and, if such work is not completed within fifteen (15) business days, or a longer period as may be specified by the chief electrical inspector, the chief electrical inspector shall have the authority to cause the disconnection of that portion of the installation that is not in conformity. M. Section 80.27. Delete inspector's qualifications in its entirety. N. Section 80.29. Delete liability for damages in its entirety and insert in lieu thereof the following: 80.29 Liability: (A) The building official, or an authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of duties, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of duties. (B) This code shall not be construed to relieve or lessen the responsibility of a person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this code or approvals issued under this code. O. Section 80.31. Delete in its entirety. P. Section 80.33. Delete in its entirety. Q. Section 80.35. Delete in its entirety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction as provided for in section 1-4-2D of this Code. 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, as provided by law. d approved this lOthday of March , 2009. A' RK Approy~b S ~~`` d ~t8'~o City Attorney's Office Sue/ord/elcodeord.doc Ordinance No. 09-4328 Page 7 It was moved by Wilburn and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey ~_ Champion x Correia x Hayek g O'Donnell x Wilburn g Wright First Consideration 2/24/2009 Vote for passage: AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, (:hamnion. NAYS: None. ABSENT: None. Second Consideration - Vote for passage: Date published 3/18/2009 Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia, Hayek. NAYS: None. ABSENT: None. ~°J ~ I Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 09-4'i29 ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED BUILDING AND HOUSING," CHAPTER 11, ENTITLED, "LICENSING," TO MAKE THE LICENSING REQUIREMENTS OF THE BUILDING TRADES CONSISTENT WITH STATE LAW AND TO ESTABLISH STANDARDS FOR THOSE HOLDING A STATE CLASS B JOURNEYMAN OR CLASS B MASTER ELECTRICIAN LICENSE. WHEREAS, the State of Iowa recently began licensing electricians as well as plumbers, HVAC contractors, and fire sprinkler professionals but allows the City to continue licensing these professionals for the time being; WHEREAS, with the exception of those holding a state class B electrician license, the City Code should be amended to allow those holding either a state or City building trade license to perform work within the City limits; WHEREAS, the State of Iowa allows the City to determine the scope of electrical work that a Class B journeyman and master electrician may perform within the City limits; WHEREAS, the Board of Appeals has recommended that persons holding a Class B journeyman and master electrician license be allowed to perform electrical work only if they held an Iowa City license prior to the establishment of the state licensing requirements (December 31, 2008); WHEREAS, the licensing requirements in the City Code for fire alarm and fire sprinkler professionals, HVAC professionals, commercial kitchen hood professionals, and ducted air heating/cooling professionals include phased in requirements that ended either on December 31, 2005 or December 31, 2008, and as a result, said requirements are no longer applicable and should be repealed; and WHEREAS, it is in the City's best interest to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 11, entitled "Licensing," Section 1, entitled "License Required," is hereby amended by deleting Section 1 in its entirety and substituting the following new Section 1: A. Master Plumber: No person shall plan for, lay out, supervise or perform plumbing work within the city, with or without compensation, unless the person holds a master plumber's license issued by the city, or the State of Iowa. B. Journeyman Plumber: No person shall work as a journeyman plumber within the city unless the person holds a journeyman plumber's license issued by the city, or the State of Iowa. C. Sanitary Sewer And Water Service Installer: No person shall work as a sanitary sewer and water service installer within the city unless the person holds a sanitary sewer and water service installer's license issued by the city, or the State of Iowa. D. Gas Pipe Installer: No person shall work as a gas pipe installer unless the person holds a gas pipe installer's license issued by the city, or the State of Iowa. E. Master Electrician: No person shall perform unsupervised electrical work, within Iowa City, with or without compensation unless: (1) The person holds a master electrician's license issued by the city; (2) A master electrician Class A license issued by the State of Iowa; or (3) A master electrician Class B license issued by the State of Iowa and held a master electrician license issued by the City of Iowa City prior to December 31, 2008. F. Journeyman Electrician: No person shall work as a journeyman electrician within the city unless the person holds a journeyman electrician's license issued by the city: (1) The person holds a journeyman electrician's license issued by the city; (2) A journeyman electrician Class A license issued by the State of Iowa; or (3) A journeyman electrician Class B license issued by the State of Iowa and held a journeyman electrician license issued by the City of Iowa City prior to December 31, 2008. G. Fire Alarm: No person shall work as a fire alarm installer or perform maintenance on fire alarm systems unless the person holds a fire alarm license issued by the city, or the State of Iowa. H. Fire Sprinkler Installer: No person shall work as a fire sprinkler installer or perform maintenance on fire sprinkler systems unless the person holds a fire sprinkler installer license issued by the city, or the State of Iowa. Ordinance No. 09-4329 Page 2 I. Fire Sprinkler Maintenance: No person shall perform maintenance on a fire sprinkler system unless the person holds a fire sprinkler maintenance license or fire sprinkler installer license issued by the city, or the State of Iowa. J. Unlicensed Persons: No person shall knowingly employ or permit an unlicensed person to perform work within Iowa City if the work is required by this code or the State of Iowa to be performed by a licensed person. K. Licensed Persons To Be On Site: There shall be a properly licensed person present at all locations and at all times where work requiring a license is being performed. At least one licensed person shall be present for every three (3) laborers. Such licensed person must be an employee of the permit holder. L. HVAC Master: No person shall undertake the planning, layout, supervision, or perform heating, ventilation, and air conditioning within the city, with or without compensation, unless the person holds an HVAC master license issued by the city, or the State of Iowa. M. HVAC Residential: No person shall undertake the planning, layout, supervision, or perform heating, ventilation, and air conditioning as regulated by the international residential code with or without compensation unless the person holds an HVAC residential license issued by the city, or the State of Iowa. N. Commercial Kitchen Hood Installer: No person shall undertake the planning, layout, supervision, or perform installation of commercial kitchen hoods as regulated by the international mechanical code with or without compensation unless the person holds an HVAC master or commercial kitchen hood license issued by the city, or the State of Iowa. O. Ducted Air Heating And Cooling Installer: No person shall install heat and cooling ducts as regulated by the international mechanical code with or without compensation unless the person holds an HVAC master, HVAC residential or a ducted air heating and cooling installer's license issued by the city, or the State of Iowa. 2. Title 17, entitled "Building and Housing," Chapter 11, entitled "Licensing," Section 4, entitled "Licensing Standards," is hereby amended by deleting Subsections G-M in their entirety and substituting the following new Subsections G-M: G. Fire Alarm: A fire alarm license shall be issued to every person demonstrates satisfactory completion of the NICET level II certification. H. Fire Sprinkler Installer: A fire sprinkler installer's license shall be issued to every person who passes an examination approved by the board of appeals. I. Fire Sprinkler Maintenance: A fire sprinkler maintenance license shall be issued to every person who demonstrates satisfactory completion of the NICET level II certification in maintenance and testing of sprinkler systems. J. HVAC Master License: An HVAC master license shall be issued to every person who demonstrates satisfactory completion of two (2) years' experience as a licensed HVAC journeyman or HVAC residential. K. HVAC Residential License: An HVAC residential license shall be issued to every person who demonstrates satisfactory completion of three (3) years' experience as an HVAC installer with an established HVAC company. L. Commercial Kitchen Hood License: A commercial kitchen hood license shall be issued to every person who demonstrates satisfactory completion of three (3) years' full time experience as a commercial hood installer with an established HVAC or commercial hood installer company, and successfully passes the examination approved by the board of appeals. M. Ducted Air Heating/Cooling Installer's License: A ducted air heating/cooling installer's license shall be issued to every person who demonstrates satisfactory completion of three (3) years' experience as a ducted air heating/cooling installer with an established HVAC company. 3. Title 17, entitled "Building and Housing," Chapter 11, entitled "Licensing," Section 5, entitled "Reciprocal Licenses," is hereby amended by deleting Section 5 in its entirety and substituting the following new Section 5: The administrative authority shall issue licenses pursuant to section 17-11-4. 4. Title 17, entitled "Building and Housing," Chapter 11, entitled "Licensing," Section 7, entitled "License Renewals," is hereby amended by deleting "master HVAC or residential HVAC license" from the first sentence of Subsection B. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Ordinance No. 09-4329 Page 3 SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction as provided for in section 1-4-2D of this Code. 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, as provided by law. Passed and approved this lOthday of March , 2009. A T: ~ .~ .~ CI LERK Approv ~ ~ mfg'-O~ City Attorney's Office Sue/ord/Iicense02-09. doc Ordinance No. 09-4329 Page 4 It was moved by Wilburn and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia g Hayek x O'Donnell g Wilburn ~_ Wright Hayek that the Ordinance First Consideration 2/24/2009 Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration ----------- Vote for passage: Date published 3/18/2009 Moved by Wilburn, seconded by Hayek, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: .None. 0 ~ ~ ~_ Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 09-4330 ORDINANCE AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, BY REVISING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," SECTION 8, ENTITLED "PERSONS UNDER 19 YEARS OF AGE IN LICENSED OR PERMITTED ESTABLISHMENTS" SUBSECTION E(1) TO INCREASE THE PENALTY FOR A PERSON UNDER 19 YEARS OF AGE WHO VIOLATES SAID SECTION TO FIVE HUNDRED DOLLARS ($500.00). WHEREAS, underage drinking in Iowa City has a significant and negative impact on the health, welfare and morals of its citizens, and results in increased burdens on Iowa City's criminal justice system and social services agencies; and WHEREAS, the Iowa City Code prohibits persons under the age of 19 from being present after 10:00 p.m. in a licensed establishment whose primary business purpose is the sale of alcohol; and WHEREAS, the City Council desires to increase the fine for said offense to $500.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Section 4-5-8(E)(1) of the City Code is repealed and the following substituted in-lieu-thereof: 1. A person under nineteen (19) years of age who violates the provisions of subsection C of this section is guilty of a simple misdemeanor punishable by a penalty of five hundred dollars ($500.00). SECTION II. Repealer. All ordinances and parts of ordinances in conflict with the provisions 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 adjudicated invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall take effect on March 18, 2009 . and approved s 10th day of March , 200Q. c ,1 ~ ~ A CITY`GLERK Ap oved by: ~. ~-~_aq City Attorney's Office Annen/Ord&Res/ORDunderl9penalty.doc Ordinance No. 09-4330 Page 2 It was moved by Wright and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia g Hayek g O'Donnell x Wilburn x Wright First Consideration 2/10/2009 Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia NAYS: None. ABSENT: None. Second Consideration 2 / 24 / 2009 Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia, Hayek. NAYS: None. ABSENT: None. Date published 3 / 18 / 2009 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 09-4331 ~~ ORDINANCE AMENDING TITLE 13, ENTITLED AIRPORTS AND AVIATION, CHAPTER 1, ENTITLED, "AIRPORT COMMISSION," TO CHANGE THE TERMS OF THE COMMISSIONERS FROM SIX (6) YEARS TO FOUR (4) YEARS. WHEREAS, Section 330.20 of the Iowa Code provides that the City shall by ordinance set the length of terms of office for the Airport Commission and that the terms shall not be less than three (3) years and not more than six (6) years; WHEREAS, presently the term for a Commissioners is six (6) years; WHEREAS, the Airport Commission has recommended decreasing the term to four (4) years to increase the pool of citizens who may be interested in serving as a Commissioner; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 13, entitled "Airports and Aviation," Chapter 1, entitled "Airport Commission," Section 2, entitled, "Composition; Appointment; Term; Vacancies," is repealed in its entirety and the following new Section 2 is substituted in lieu thereof: The commission created by this chapter shall consist of five (5) members who shall be appointed by the mayor with the consent and approval of the city council. Upon expiration of the current six (6) year terms, all appointments shall be for terms of four (4) years. Vacancies shall be filled in the same manner as original appointments are made. At the request of the airport commission and upon approval of the city council, the mayor may appoint a nonvoting, advisory commission member who resides outside the city boundaries. 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 10th day of March , 2009. Appro ~ - f g-~~ City Attorney's Office Ordinance No. 09-4331 Page 2 It was moved by Champ; on and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia ~_ Hayek g O'Donnell x Wilburn g Wright First Consideration 2 / l0 / 2009 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Correia, O'Donnell, Wilburn. NAYS: None. ABSENT: None. Second Consideration 2 / 24 / 2009 VOtefOfpaSSage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: None. ABSENT: None. Date published 3/18/2009 ~f. - ~ try Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 09-4332 ~. ~~ ORDINANCE AMENDING TITLE 1, ENTITLED ADMINISTRATION, CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION 2D TO PROVIDE THAT THE CIVIL PENALTY FOR OVER- OCCUPANCY OF A RENTAL UNIT BE $750.00 FOR FIRST VIOLATION AND $1,000.00 FOR SECOND AND SUBSEQUENT VIOLATIONS. WHEREAS, over-occupancy of rental units is an issue that negatively impacts the quality and value of neighborhoods; WHEREAS, the maximum occupancy limit for a rental units is listed on the rental permit, which is available on the City's website and which is provided to the owner when the unit passes inspection; WHEREAS, landlords and tenants are required by City ordinance to sign the Information Disclosure and Acknowledgement Form that specifically states the maximum occupancy of the rental unit; WHEREAS, despite the actual and constructive knowledge of the occupancy standards by owners, landlords, and tenants, there has been an increase in both first and second violations of the occupancy standards in the past year; WHEREAS, the civil penalties presently are $250.00 for first violation, $500.00 for second, and $750.00 for third and subsequent violations of the occupancy standards and all other zoning code provisions; WHEREAS, section 364.22(1) of the Iowa Code allows the City to establish civil penalties for municipal infractions in an amount of not more than $750.00 for first violation and not more than $1,000 for second and subsequent violations; and WHEREAS, in order to increase compliance with the occupancy standards, it is in the best interest of the City to raise the civil penalty for over-occupancy of a rental unit to $750.00 for first violation and 1,000 for second and subsequent violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty" Section 2, entitled "Civil Penalties for Municipal Infractions," Subsection D is hereby amended by adding the following: The civil penalty for violation of sections 14=2A-5 and 14-26-5 shall be punishable as provided in the following schedule for each day a violation exists or continues: First offense $ 750.00 Second and subsequent offense $1,000.00 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. and appro 1 d this 0th day of March , 2009 V ATTEST: CI RK Approved by ~ ~ _ ~ - ~ City Attorney's Office Ordinance No. 09-4332 Page 2 It was moved by Wri_.ght and seconded by Wilburn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey x Champion ~_ Correia g Hayek x O'Donnell x Wilburn g Wright First Consideration 02 / 10 / 2009 Vote for passage: AYES:wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn NAYS: None. ABSENT: None. Second Consideration 2/24/2009 VOtefOrpaSSage: AYES: Wright, Bailey, Champion ,Hayek, O'Donnell, Wilburn. NAYS: Correia. ABSENT: None. Date published 3 / 18 / ~ 009