HomeMy WebLinkAbout2009-07-28 Ordinance'~ ! ,
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Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO.
AN ORDINANCE APPROVING A TWO YEAR EXTENSION OF THE PRELIMINARY PLANNED
DEVELOPMENT PLAN AND SENSITIVE AREAS DEVELOPMENT PLAN (REZ06-00026) FOR
APPROXIMATELY 34.86 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING
MEADOWS DRIVE TO COINCIDE WITH APPROVAL OF A TWO YEAR EXTENSION OF THE
PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PART 4.
WHEREAS, an ordinance approving a planned development overlay rezoning and sensitive areas
development plan was adopted on August 21, 2007;
WHEREAS, a preliminary planned development overlay and preliminary sensitive area development plan
expires iwo years from the date of approval unless a final planned development plan has been filed or an
extension has been approved by ordinance; and
WHEREAS, AM Management on behalf of the property owner, Barker Development Co., and the
applicant, MBHG Investment Co., LC., has requested an extension of the planned development overlay
rezoning plan and sensitive areas development plan to coincide with a two year extension of the preliminary
plat of Whispering Meadows Subdivision, Part 4; and
WHEREAS, the Department of Planning and Community Development and the Public Works Department
have re-examined the preliminary planned development overlay rezoning plan and sensitive areas
development plan and find that said plans remain in substantial compliance with all of the requirements of the
City Ordinances of the City of Iowa City; and
WHEREAS, staff finds that variations from current street right-of-way width standards are acceptable
given the streets and lot layout were designed to avoid sensitive environmental features on the site and
therefore recommend approval of the extension; and
WHEREAS, it is known and understood by all parties that at final plat the sanitary sewer lines will be
placed in locations that are not under street pavement, according to the City's engineering standards, unless
it is unfeasible to do so.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Approval of the planned development overlay rezoning plan and sensitive areas
development plan for the property described below are hereby extended for two years in concert with the
extension of the approval of the preliminary plat of this same property, known as Whispering Meadows
Subdivision, Part 4:
LEGAL DESCRIPTION
A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 23 AND A PORTION OF THE
SOUTHWEST ONE-QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5T" P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2003100
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5T" P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89°33'59"W,
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23, A
DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE N00°02'18"E,
1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY,
IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE
99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89°57'18"E, ALONG THE
SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE
Ordinance No.
Page 2
IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK
34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE S00°02'42"W, ALONG A WESTERLY
LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE
N89°57'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE
S00°02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE
SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89°57'18"E, ALONG THE
SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166, 165, 164, 163, 162 AND PART OF LOT 161, A
DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION;
THENCE S00°02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE
N89°57'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE
S00°02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE
S05°44'59"E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE
SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16°40'29"W, ALONG A
WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01°38'48"E, ALONG A WESTERLY
LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID
SUBDIVISION; THENCE S88°21'05"W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING
34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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
Appr ved by
,.5~`t~~ ~ 1,~2~z -cJ71Zrl~1W~~_
f~~~
City Attorney's Office 7/~/w~~
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration July 28 , 2009
Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright,
Bailey. NAYS: .None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
07-28-09
City of Iowa City 5~
MEMORANDUM
Date: July 21, 2009
To: City Council
From: Karen Howard, Associate Planner
RE: Whispering Meadows Subdivision, Part 4
Steve Gordon from AM Management has submitted a letter on behalf of Barker
Development Co. and MBHG Investment Co., L.C., requesting a two year extension of
the preliminary plat approval for Whispering Meadows Subdivision, Part 4 and an
extension of the associated preliminary planned development overlay rezoning plan
(OPD Plan) and sensitive areas development plan (SADP).
According to the Iowa City Subdivision Code, a final plat must be filed within 24 months
of approval of the preliminary plat or the preliminary plat expires, unless, upon written
request of the owner or subdivider, the City Council, by resolution, grants an extension
of time. Similarly, a final OPD Plan must be filed with 24 months of approval of a
preliminary OPD Plan, unless by ordinance a longer period is granted by City Council.
The time limitation for these approvals is intended as a safeguard in case site conditions,
Comprehensive Plan policies or City ordinances and standards have changed such that
the plat or development plan is no longer in the public interest. The two year period has
generally been a sufficient time period for a developer to proceed to final plat approval.
However, as noted by the Mr. Gordon, the housing market has slowed over the last year
making it unfeasible for them to proceed to development within the allowed 2 year
period.
Staff from the Planning and Community Development Department and Public Works
Department have reviewed the preliminary plat, OPD Plan, and SADP to identify any
variations from subdivision, zoning, or engineering standards adopted since the plat was
approved in August of 2007. Anew subdivision code was adopted in August of 2008, so
some of the subdivision standards have changed. The only significant variation from
these new standards is the difference between the street right-of-way widths shown on
the plat and the new street width standards in the subdivision code. Staff notes that the
preliminary plat contains many lots that are at or near the minimum size and the wetland
mitigation plan is quite complex with regulated buffer areas leaving little room to adjust
lot lines. Thus, requiring an adjustment to the street ROW widths would likely
necessitate a significant redesign of the subdivision. Staff feels that in this instance the
costs of redesigning the plat would outweigh the benefits, and therefore recommend
approval of the extension without any adjustment to street ROW widths.
The City Engineer also notes that there has been a change in the engineering standards
with regard to location of sanitary sewer lines. The City Engineer has requested, and the
developer has agreed, to comply with this new standard, wherever feasible, and place
the sanitary sewer lines in a location that is not under the street pavement. This
adjustment can be made at the time of final plat.
July 22, 2009
Page 2
Staff Recommendation: Staff finds that the OPD Plan, SADP, and preliminary plat of
Whispering Meadows Subdivision, Part 4 remain in substantial compliance with
comprehensive plan policies and City ordinances, except as noted above. Therefore,
staff recommends approval of a two year extension of the preliminary plat of Whispering
Meadows Subdivision, Part 4 and a two year extension of the Planned Development
Overlay Rezoning Plan and Sensitive Areas Development Plan that is associated with
this plat. Staff recommends collapsing the readings for the attached ordinance to avoid
exceeding the August 21 expiration date. If Council agrees to collapse the readings for
the ordinance to extend the OPD Plan and SADP, staff will place the resolution to extend
the preliminary plat on your August 18 meeting so these extensions can be adopted at
the same time.
_... _
~ _ . C~L~-t
Jeff Dav' son, Director
Dept. of Planning and Community Development
Attachments: 1. Letter from AM Management
2. Preliminary Plat, OPD Plan, and SADP
July 7, 2009
RE: Whispering Meadows Part IV Final Plat application
Dear Madame Mayor and City Council Members,
On August 21, 2007 the City Council approved a preliminary plat for Whispering Meadows Part IV and an
associated planned development overlay rezoning and sensitive areas development plan. This was a
difficult piece of land to work with as it contained wetlands and a stream corridor and discussions between
city staff and the owner began in 2005.
As we are all aware, the housing market has been steadily declining since we first contemplated developing
this piece of land in 2005. Up to this time, we had had good success with our Whispering Meadows Part II
and Part III developments which provided the southeast side of Iowa City with quality new housing. We
were prepared to proceed with Whispering Meadows Part IV but by late 2007 the market had changed.
With an oversupply of available lots and housing units and declining prices it was no longer feasible to
develop this project. We had hoped for a rebound in the market before we reached our 2 year deadline to
submit a final plat, but the short term outlook for housing is not favorable.
On behalf of the property owner, Barker Development Co., and the applicant, MBHG Investment Co., L.C.,
we respectfully request your consideration for a two year extension of the preliminary plat, planned
development overlay rezoning and sensitive areas development plan. The extension would allow us until
August 21, 2011 to submit for final plat approval. Hopefully by this time the real estate market will have
rebounded and we can proceed with this development.
We understand that the Planning Department and the Public Works Department have reviewed our request and
checked to see if there have been any applicable changes to City Codes or engineering policies since approval in
2007. The City Engineer has informed us that there has been a change in the public works standards with regard to
location of sanitary sewers. Per their request, we agree that at final plat, if it is feasible, we will place the sanitary
sewer lines in locations that comply with the new standards and are not under the street pavement.
Thank You for your consideration.
Respectfully,
Steve Gordon
Vice President
AM Management
2871 Heinz Rd. Suite B. Iowa City, Iowa 52240
ph: 319.354.1961 fax: 319.351.0070
www.ammanagement.net
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10
Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041
ORDINANCE NO.
ORDINANCE AMENDING CITY CODE TITLE 1, ENTITLED "ADMINISTRATION,"
CHAPTER 5, ENTITLED "MAYOR AND CITY COUNCIL," TO FREEZE THE
COMPENSATION FOR CITY COUNCIL MEMBERS AND REPEAL THE REVIEW
POLICY ESTABLISHED BY ORDINANCE 97-3804.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this ordinance is to freeze the rate of
compensation paid to the Mayor and City Council Members in recognition of the current
economic climate; and to remove the review of compensation policy established by
Ordinance 97-3804 providing for review in each regular election year in accordance with
State Code.
SECTION II. AMENDING SECTION 1-5-3.A Repealing Section 1-5-3A in its entirety
and adding a new section to read as follows:
A. City Council Members. Members of the City Council shall be
compensated at the rate of seven thousand seventy two dollars
($7,072.00) annually.
SECTION III. AMENDING SECTION 1-5-3C.
Repealing Section 1-5-3C in its entirety.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision or part thereof not adjudged
invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This ordinance shall be effective January 1, 2010.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Ap roved by:
7 ~~ o~
City Attorney's Office
clerk/ord/compe ns.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration July 28, 2009
Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published