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HomeMy WebLinkAbout1995-08-15 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby'given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 15th day of August, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: A resolution to annex a 3.05 acre tract located north of American Legion Road and west of Arlington Drive. (ANN94- 0008) An ordinance amending the Zoning Ordinance by amending the use regula- tions of a 3.05 acre tract located north of American Legion Road and west of Arlington Drive from County RS, Subur- ban Residential, to RS-5, Low Density Single-Family Residential. (REZ94- 0013) Copies of the proposed resolutions and ordi- nances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin\ccS-t 5.nph RESOLUTION NO. A RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXIMATE .......... 3_._05 _ACRE TR_ACT OF LAND LOCATED NORTH OF AMERICAN LEGION ROAD AND WEST OF ARLINGTON DRIVE WHEREAS, Arlington, L.C. owns an approximate 3.05 acre tract of land located north of American Legion Road and west of Arlington Drive; and WHEREAS, Arlington, L.C. has requested annexation of its land into the City of Iowa City, Iowa; and WHEREAS, this tract is contiguous to the corporate limits of Iowa City; and WHEREAS, pursuant to Iowa Code §368.7, notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors and the East Central Iowa Council of Governments; and WHEREAS, the Johnson County Board of Supervisors has submitted a comment that it has no objection to the proposed annexation, and the East Central Iowa Council of Governments has made no comment on the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following-described land shall be voluntarily annexed to the City of Iowa City, Iowa: Tract "A" of Windsor Ridge - Part One, in accordance with the Plat thereof, Recorded in Plat Book 34, at Page 87, of the Records of the Johnson County Recorder's Office. And the Northerly Half of American Legion Road Right-of-Way, Adjacent Southerly to said Tract "A", more particularly described as follows: Beginning at the Southwest Corner of Tract "A", of Windsor Ridge - Part One, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 87, of the Records of the Johnson County Recorder's Office; Thence S67°40'33"E, along the Southerly Line of said Tract "A", 106.08 feet; thence Northeasterly, 33.67 feet, along said Southerly Line, on a 20.00 foot radius curve concave northwesterly, whose 29.83 foot chord bears N64°06'OS"E; Thence Southwesterly, 19.65 feet along the Southerly Projection of the Westerly Right-of-Way Line of Arlington Drive, on a 174.67 foot radius curve, concave northwesterly, whose 19.64 foot chord bears S19°06'O5"W; Thence S22° 19'27"W, along said Southerly Projection, 72.64 feet, to its intersection with the Centerline of American Legion Road; Thence N67°40'33"W, along said Centerline, 98.02 feet, to its intersection with the Southerly Projection of the Westerly Line of said Tract "A"; Thence N00°12'02"W, along said Southerly Projection, 75.78 feet to the Point of Beginning. Said Tract of Land contains 0.18 acres, more or less. Said Resultant Total Tract contains 3.05 Acres, more or less, and is subject to easements and restrictions of record. Passed and approved this 2 The City Clerk is hereby authorized and directed to certify and file the necessary documents with the Secretann of State, State of Iowa, as required by Iowa Code §368.7 (1995). Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to the State Treasurer of Iowa, said population being zero. day of ,1995. ATTEST: CITY CLERK MAYOR NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the CiW Council of Iowa City, Iowa, at 7:30 p.m. on the 15th day of August, 1995, in the Civic Center Council Chambars, 410 E. Washington Street, Iowa CiW, Iowa; at which hearing the Council will consider: 1. A resolution to annex a 3.05 acre tract located north of American Legion Road and west of Arlington Drive. (ANN94- (~ 0008) An ordinance amending the Zoning Ordinance by amending the use regula- tions of a 3.05 acre tract located north of American Legion Road and west of Arlington Drive from County RS, Subur- ban Residential, to RS45, Low Density Single-Family Residential. {REZ94- 0013} Copies of the proposed resolutions and ordi- nances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin~ccS-15.nph ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF AN APPROXI- MATE 3.05 ACRE TRACT OF LAND LOCATED NORTH OF AMERICAN LEGION ROAD AND WEST OF ARLINGTON DRIVE. WHEREAS, Arlington, L.C., an Iowa General Partnership, owns an approximate 3.O5 acre tract of land located north of American Legion Road and west of Arlington Drive; and WHEREAS, Arlington, L.C. has requested rezoning of a 3.05 acre tract of land from County RS, Suburban Residential, to RS-5, Low Density Single-Family Residential; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting rezoning requests, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, pursuant to the annexation policy of the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject property; and WHEREAS, the property owner has acknowl- edged and agreed that this development shall absorb all costs associated with the develop- ment, including costs normally subsidized by the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subjsct to the terms and conditions of the Conditional Zoning Agree- ment attached hereto and incorporated by reference herein, and Section 414.5, Iowa Code, (1995), the property described below is hereby classified from its present classification of County RS to RS-5: Tract "A" of Windsor Ridge - Part One, in accordance with the Plat tilereof, Recorded in Plat Book 34, at Page 87, of the Records of the Johnson County Recorder's Office. And the Northerly Half of American Legion Road Right-of-Way, Adjacent Southerly to said Tract "A", more particu- larly described as follows: Ordinance No. Page 2 Beginning at the Southwest Corner of Tract "A", of Windsor Ridge -Part One, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 87, of the Re- cords of the Johnson County Recorder's Office; Thence S67°40'33"E, along the Southerly'Une of said Tract "A", 106.08 feet; thence Northeasterly, 33.67 feet, along said Southerly Line, on a 20.00 foot radius curve concave northwesterly, whose 29.83 foot chord bears N64°06'OS"E; Thence Southwesterly, 19.65 feet along the Southerly Projection of the Westerly Right-of-Way Line of Arlington Drive, on a 174.67 foot radius curve, concave northwesterly, whose 19.64 foot chord bears S19°06'O5"W; Thence S22°19'27"W, along said Southerly Projection, 72.64 feet, to its intersection with Centerline of American Legion Road; Thence N67°40'33"W, along said Centerline, 98.02 feet, to its intersection with the Southerly Projection of the Westerly Line of said Tract "A"; Thence NO0°12'O2"W, along said South- erly Projection, 75.78 feet to the Point of Beginning. Said Tract of Land contains 0.18 acres, more or less. Said Resultant Total Tract contains 3.05 Acres, more or less, and is subject to easements and restrictions of record. S__ECTION II. ZONING MAP. The Building In- spector 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 as provided by law. SECTION III. CONDITIONAL ZONING AGREE- MENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners and the City, following pass- age and approval of this Ordinance. S~ECTION IV. CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized and directed to certify and record a copy of this Ordinance and the Conditional Zoning Agree- ment at the Office of the County Recorder of Johnson County, Iowa, at the expense of the owner, upon final passage and publication of this Ordinance as provided by law. Ordinance No. Page 3 SECTION V. REPEALER. All ordinances and psrts of ordinances in conflict with the provi- sions of this. Ordinance are hereby repealed, SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validiW of the Ordinance as ~i whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK CONDITIONAL ZONING AGREEMENT THIS AGREEMENT ~s made between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), and Arlington, L.C., an Iowa General Partnership (hereinafter "Owner"). WHEREAS, the Owner, as legal title holder, has requested the City to fezone an approximate 3.05 acre tract of land from County RS, Suburban Residential, to RS-5, Low-Density Single- Family Residential; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting rezoning requests, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, pursuant to the annexation policy of the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject property; and WHEREAS, the Owner has acknowledged and agreed that it is reasonable for the developer to absorb all costs associated with the development, including costs normally subsidized by the City. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree 'as follows: Arlington, L.C., an Iowa General Padnership, is the owner and legal title holder of property located north of Amedcan Legion Road and west of Arlington Drive, which property is more particularly described as follows: Tract "A" of Windsor Ridge - Part One, in accordance with the Plat thereof, Recorded in Plat Book 34, at Page 87, of the Records of the Johnson County Recorder's Office. And the Northerly Half of American Legion Road Right-of-Way, Adjacent Southerly to said Tract "A", more particularly described as follows: Beginning at the Southwest Corner of Tract "A", of Windsor Ridge - Part One, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 87, of the Records of the Johnson County Recorder's Office; Thence S67°40'33"E, along the Southerly Line of said Tract "A", 106.08 feet; thence Northeasterly, 33.67 feet, along said Southerly Line, on a 20.00 foot radius curve concave northwesterly, whose 29.83 foot chord bears N64°06'05"E; Thence Southwesterly, 19.65 feet along the Southerly Projection of the Westerly Right-of-Way Line of Arlington Ddve, on a 174.67 foot radius curve, concave northwesterly, whose 19.64 foot chord bears S19°06'05'¥V; Thence S22°19'27'"~N, along said Southerly Projection, 72.64 feet, to its intersection with Centerline of Amedcan Legion Road; Thence N67°40'33'~N, along said Centerline, 98.02 feet, to its intersection with the Southerly Projection of the Westerly Line of said Tract "A"; Thence N00° 12'02'~/V, along said Southerly Projection, 75.78 feet to the Point of Beginning. Said Tract of Land contains 0.18 acres, more or less. Said Resultant Total Tract contains 3.05 Acres, more or less, and is subject to easements and restrictions of record. The Parties acknowledge that, pursuant to the annexation policy contained in the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the .subject tract. The Owner further acknowledges that said policy requirement is reasonable and that the costs associated with providing infrastructure to the subject tract are the direct result of the requested rezoning. In consideration of the City's rezoning the subject properbj from County RS, the Owner agrees that development and use of the subject property will conform to the requirements of the RS-5, Low Density Single-Family Zone, and the Owner shall pay all of the costs associated with providing infrastructure for development of the subject tract. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code {}414.5 (1995), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Owner acknowledges 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. o 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 for~e and effect ,as a covenant running with the title to the land unless or until released by record of the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the Parties. The Owner acknowledges that nothing in this Conditional Z.oning Agreement shall be construed to relieve the Owner from complying with all applicable local, state, and federal regulations. 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 day of ,1995 ARLINGTON, L.C. CITY OF IOWA CITY By GaP/D. Wafts By Susan M. Horowitz, Mayor By John Moreland, Jr. Aftest Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ,1995, before me, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. passed by the City Council on the day of ,19 , and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. STATE OF IOWA JOHNSON COUNTY Notary Public in and for the State of Iowa On this day of ,1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Gary D. Watts and John Moreland, Jr., to me personally known, who being by me duly sworn did say that they are members of Arlington, L.C., the Iowa Limited Liability Company executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the company on authority of its members; and that Gary D. Watts and John Moreland, Jr,, acknowledge the execution of the foregoing instrurnent-to be the voluntary act and deed of the company, Arlington, L.C., by it and by them voluntarily executed. ppdadm~ding2.cza Notary Public in and for the State of Iowa City of iowa City MEMORANDUM Date: To: From: Re: July 20, 1995 Planning and Zoning Commission Melody Rockwell, As~e Planner ANN94-0009, REZ94-0013 Windsor Ridge, Tract NAdjacent Right-of-Way On November 3, 1994, the Iowa City Planning and Zoning Commission voted to defer indefinitely a request submitted by Windsor Ridge Development Co. to annex and rezone a 3.05 acre tract of land located noah of American Legion Road and west of Arlington Drive from County RS, Suburban Residential, to RS-5, Low Density Single-Family Residential. In a letter dated July 11, 1995, John Moreland requests that the annexation and rezoning item be placed on the Commission's July 20, 1995 agenda. The October 20, 1994 staff report, November 1, 1994 staff memorandum, an excerpt from the November 3, 1994 Commission minutes and associated correspondence are attached for your review of this item. Staff continues to support the requested annexation and rezoning of Tract A and the adjacent American Legion Road right-of-way. STAFF RECOMMENDATION: Staff recommends that the proposed annexation of the 3.05 acre tract located north of American Legion Road and west of Arlington Drive be approved. Staff recommends that the proposed rezoning of the 3.05 acre tract located north of American Legion Road and west of Arlington Drive from County RS to RS-5 be approved, subject to the developer agreeing to pay all costs associated with providing infrastructure for development of the subject tract. bc4.2MR Approved by: Robert Miklo, Senior Planner Department of Planning Community Development and Treat your family like royalty. Treat them to Windsor Ridge. July 11, 1995 Thomas Scott, Chairman Planning and Zoning Commission Civic Center 410 East Washington Street Iowa City, IA 52240 Subject: REZ94-0013/ANN94-0008 Dear Tom: We would appreciate your placing this previously deferred item on the agenda for consideration at the July 20 formal meeting of the Commission. Please contact me if you have any questions. Sincerely, ~ h~n ~orel~and~ Arlington, L.C./Windsor Ridge Development Company Markeled by ERA WA'ITS-HOUSER RE~ALTORS 1700 First ^venue/Eastdate Plaza, Iowa City, W'mdsor Ridge Development Company Te[ephoae 319-354-6760 Toll.free 1-800.~I-6760 Mobile /t 319-331-0016 STAFF REPORT To: Planning and Zoning Commission Item: ANN94-0009, REZ94-0013 Windsor Ridge, Tract A GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: Prepared by: Melody Rockwell Date: October 20, 1994 Windsor Ridge Development Co. 1700 First Avenue Iowa City, IA 52240 Phone: 354-6760 Gary Watts Phone: 354-6760 Approval of a request to annex and fezone an approximately 2.87 acre tract of land from County RS to RS-5 To permit residential development with full City services North of American Legion Road and west of Arlington Drive Approximately 2.87 acres Vacant; County RS North - East - South - West Residential; RS-5 Arlington Drive [County RS], Residential, StormwaterDeten- tion Facilities/Open Space; RS-5 American Legion Road, Resi- dential, Agricultural; County RS Stormwater Detention Area, Residential; RS-5, County RS Within the corporate limits, east of Scott Boulevard, residential at 2-8 dwelling units per acre September 29, 1994 November 14, 1 994 2 BACKGROUND INFORMATION: Windsor Ridge Development Co. has submitted a request to annex and rezone an approxim~,'e 2,87 acre tract located north of American Legion Road and west of Arlington Drive. The requested annexation and rezoning involves Tract A, which is located within the Windsor Ridge Subdivision adjacent to a city street, Arlington Drive, which is located in the County. The Weinstein property located to the north would remain in the County, but would not become an island of County land within an incorporated area as a result of the proposed annexation. The Weinstein property would remain connected to Johnson County via Arlington Drive right-of-way, which varies in width from 80 feet wide where Arlington Drive meets American Legion Road on the south, and na-~ows in width to 60 feet at the north edge of Tract A. The applicant intends to develop single-family residential housing on Tract A as an integrated part of the development of the surrounding 240 acres of land. The area proposed for annexation is owned by Windsor Ridge Development t?o. No involuntary annexation of land is proposed, Because there is no incorporated c~t'.- ',vith~, two miles of the proposed annexation, the annexation will not require City D~w ,,. ,ent Board approval. ANALYSIS: Comprehensive Plan The Comprehensive Plan states that petitions for voluntary annexation should be viewed positively when City ordinances governing zoning and development are adequate to deal with any unusual conditions that exist in the area proposed for annexation and when 1 ) the area under consideration falls within the future service area of the city and sanitary sewer capacity is presently available, 2) development in the area will fulfill an identified need without imposing an undue financial burden on the City, or 3) control of development at entryways to the community is in the City's best interest. The Comprehensive Plan also indicates that the developers of areas newly annexed into the City will be responsible for all infrastructure costs including those normally subsidized by the City, such as collector streets and oversized utility lines. The area proposed for annexation falls within the future service area of the City. Because the property is adjacent to an existing City subdivision, its incorporation into the City would be considered compact and contiguous development. Utilities and streets have been constructed at the developer's cost as part of the adjacent Windsor Ridge development. Most of the infrastructure, including stormwater detention facilities, required for Tract A has already been provided through previous Windsor Ridge Subdivider's Agreements. However, any additional infrastructure required for development of Tract A, such as water or sewer line connections will be paid for entirely by the developer. Rezonin.q The requested rezoning of RS-5, Low Density Single-Family Residential, is consistent with both the Comprehensive Plan growth policy designation for this area and the RS-5 zoning of the surrounding Windsor Ridge residential subdivision. There are no public utility constraints concerning this property, The requested rezonin9 appears to appropriate for the tract of land under consideration. Sensitive Areas The Sensitive Areas Inventory Map - Phase I indicates there are no environmentally sensitive areas located on Tract A. STAFF RECOMMENDATION: Staff recommends that the proposed annexation of the 2,87 acre tract located north of American Legion Road and west of Arlington Drive be approved. Staff recommends that the proposed rezoning of the 2,87 acre tract located north of American Legion Road and west of Arlington Drive from County RS to RS~5 be approved, subject to the developer agreeing to pay all costs associated with providing infrastructure for development of the subject tract, ATTACHMENTS: 1. Location Map 2. Application/Attachments 3. Section of Windsor Ridge Subdivision Plat Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LOCATION MAP ANN94-0009 REZ94-0013 WINOSOR RIDGE, TRACT ~ ~~nss .,%. ~L~3~',, ~ LEOEND ,AND NOTES ANNgXATION / ~g-ZO~lh~O g~IHIT ~ MMS CoN~u~, k'c ~ IOWA CITY, IOWA ~ LaS [ .LW { tRS ~ 27 20~ 19 3 CHANDLER 11 2-1 2 I ~0 YEAR FLOOD ELEYA~ON TABLE OUTLO'I City of iowa City MEMORANDUM Date: To: From: Re: November 1, 1994 Planning and Zoning Commission I. As~ Melody Rockwel, Associate anner ANN94-0009, REZ94-001 3 Windsor Ridge, Tract A At the October 20, 1994, Planning and Zoning Commission meeting, Alan Weinstein raised concerns about the proposed annexation of Windsor Ridge, Tract A. Commission members asked for more background information on the request by Windsor Ridge Development Company to annex and rezone 3.05 acres of land located north of American Legion Road and west of Arlington Drive. The primary impact of annexing Tract A and the .18 acre parcel south of Tract A is one of narrowing the peninsula of County land connecting the Weinstein property to the north with the County land south of American Legion Road. The Weinstein property, which was not annexed into the City as part of the 240 acre Windso~ Ridge annexation in 1993, thereby would remain part of the County at the end of a narrowed peninsula. In accordance with Iowa Code Section 368, the Weinstein property would not become an island as a result of the proposed annexation. City Council/Plannin(~ and Zoning Commission Consideration As pointed out at the October 20, 1994, Commission meeting, the original proposal for the 240 acre Windsor Ridge annexation, as shown on the attached location map, included Tract A. The Lyons Tract was later annexed into the City as well. The discussions of the annexation and rezoning of the 240 acre tract surfaced in September 1992, and then continued in earnest from December 1992 through March 1993, when the City Council approved the annexation resolution on March 2, 1993. During this period of public review and consideration by the Commission and Council, Owl Song Lane was shown as the County connector between the Weinstein property and American Legion Road. The Owl Song Lane right-of-way was 50 feet wide. Citv Development Board Action At its meeting on April 15, 1993, the City Development Board deferred action on the 240 acre Windsor Ridge annexation, and forwarded questions to City staff concerning roads, utilities and emergency services. The City's response in a letter dated May 11, 1994, is attached. On May 26, 1994, the City Development Board approved the annexation "on the condition that it be amended to widen a strip of unincorporated land running through the territory from 50 feet to 200 feet." This action is listed under "Findings of Fact" in the attached City Development Board's decision on the case. Although no reason for the amendment is given in the Board's decision on the annexation, one member of the City Development Board expressed concern at the May 26 Board meeting about confusion of emergency service provision and the unwritten policy of the Board not to allow "a road" to be considered a connecting peninsula. Two maps showing the amended annexation area are attached. 2 Chanqed State Law The State Legislature of Iowa amended the Iowa Code in two ways that affect the proposed 3.05 acre Windsor Ridge annexation. First, the annexation does not require City Development Board approval, because the area under consideration is more than two miles from another incorporated city, and thus is considered to be part of a "non- urbanized" area. When the application to annex Tract A was submitted by Windsor Ridge Development Company, City staff contacted Steve McCann, staff for the City Development Board, on October 3, 1994, to ask whether Iowa City could proceed with the proposed annexation given that it would contradict the City Development Board's May 26, 1993, decision for the widened connecting strip of County land. McCann conferred with the City Development Board's attorney, and telephoned City staff on October 4, 1994, to report that he had been advised by legal counsel to the City Development Board that the proposed annexation is in a non-urbanized area. Therefore, the City can proceed. According' to McCann, the Board's attorney had indicated that the subject annexation territory was no longer under the City Development Board's jurisdiction; the City is no longer bound by the previous decisions of the City Development Board. McCann stated the City was required to file the annexation resolution of approval with the Iowa Secretary of State's office. Generally, the Secretary of State does not refer a case to the City Development Board unless an island is being created. McCann said in this case, no island is being created. McCann observed that even if the Board were to review what is being proposed today by Windsor Ridge, it is likely that it would approve it as proposed. The second change in the Iowa Code concerns the "20% rule" that was discussed at the October 20, 1994, Planning and Zoning Commission meeting. As noted in the attached September 15, 1994, memorandum from Sarah Holecek: For voluntary annexation, consent of all of the owners of the subject territory is no longer required in the application; consent of 80% of the subject landowners will suffice if their inclusion without consent will avoid creating an island or create more uniform boundaries. However, a "supermajority" (4/5) approval by the City Development Board, after a hearing for affected property owners and the county, is required for the passage of an "80% annexation." Alan Weinstein's concern about being involuntarily annexed through the mechanism described above is not necessarily assuaged by keeping the peninsula of County land at its present width. There may be some precedentia~ advantage to Weinstein in a hearing before the City Development Board if the annexation now before you is denied. However, if Tract A is not annexed into the City, the 20% area of protest is not kept larger. This is because Tract A and Arlington Drive are not owned or controlled by the Weinsteins. Whether Tract A is annexed into the City or not, it is likely the only area of involuntary annexation within the subject peninsula would be the Weinstein property. Conclusion The proposed 3.05 acre annexation and rezoning are consistent with the Comprehensive Plan. No island of County land will be created as a result of the proposed voluntary annexation. The peninsula would be narrowed to the width of the Arlington Drive right-of-way which varies in width from 80 feet wide where Arlington Drive meets American Legion Road on the south, and narrows in width to 60 feet at the north edge of Tract A. The 3 area under consideration would be developed for single-family residential housing as an integrated part of the surrounding City development. Most of the City infrastructure is in place to serve Tract A. However, any additional infrastructure required for Tract A would be paid for entirely by the developer. No environmentally sensitive areas are located on Tract A. ,STAFF RECOMMENDATION Staff recommends that the proposed annexation of the 3.05 acre tract located north of American Legion Road and west of Arlington Drive be approved. Staff recommends that the proposed rezoning of the 3.05 acre tract located north of American Legion Road and west of Arlington Drive from County RS to RS-5 be approved, subject to the developer agreeing to pay all costs associated with providing infrastructure for development of the s~bject tract. ATTACHMENTS Location map of current 3.05 acre Windsor Ridge annexation request Weinstein Letter submitted to the Planning and Zoning Commission at its October 20, 1994, meeting e 4. 5. 6. 7. 8. Map of original 240 acre Windsor Ridge annexation request May 11, 1993, letter from City staff to the City Development Board May 26, 1994, City Development Board decision on case UA93-13 Annexation amendment map Map of 240 acre Windsor Ridge annexation area September 15, 1994, Holecek memorandum Approved by: I~arin Franklin, Director Department of Planning and Community Development bl~a~)009 ~h~hn~n Ceunt~' Charles D. Du[.fy, Chairperson Stephen P. Lacina Joe Bolkeom Don Sehr Satly StuBman BOARD OF SUPERVISORS August 8, 1995 Mayor Susan Horowitz Iowa City Civic Center 410 East Washington St. Iowa City, IA 52240 RE: Vohntary annexation of 3.05 are tract of land located north of American Legion Road within the Windsor Ridge Subdivision. The Johnson County Board of Supervisors reviewed the above referenced voluntary annexation at its' August 3 meeting. The county has no objections to this annexation. Sincerely, Charles Duffy Chairperson CD/cp 913 SOUTH DUBUQUE $r, P,o, BOX 1350 IOWA CITY, IOWA 52244-1350 019) PAX: (319) 3564o86 Alan and Nina Weinste£n 3880 0wl Song Lane S.E. Iowa City, Iowa 52240 Ph. (319) 354-0796 Iowa~Planning and Zoning Commission City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240-1826 Oct. 20, 1994 Dear Commissioners; We wish to protest the annexation by the City of Tract A of Windsor Ridge development. we don't care how it is zoned, but we want it to stay in the county. We want our own property to remain part of the existing peninsula of county land, so that we stay physically attached to the county. We don't want to become an island of county land, for then, we fear, we can'easily be involuntarily annexed by the City. Iowa Code prohibits the creation of islands by acts of annexation (chapt. 368). We are afraid that if we are severed by this proposal, we are open to a strict interpretation of the law that might encourage you to annex us, once the real peninsula is gone. Last year Windsor Ridge accepted the existing peninsula (tracts A, B and C) as an absolute condition for the urban development of its land. The ruling was made by the City Development Board in accordance with Iowa Code 368. Last year, Gary Watts asked us to withdraw our submitted, signed objection to the annexation of Windsor Ridge to the City, because the City Development Board's peninsula would protect us from being annexed. It made sense at that time to be good neighbors and not to stand in his way, or the City's, since our status quo was assured by the peninsula. We withdrew our signed objec%ion. Now, just a year later, Windsor Ridge wants to remove the peninsula. Iowa Code hasn't changed, 368 is still alive. I spoke to S(eve McCann at the Department of Economic Development in Des Moines. He is the department staff person responsible to the City Develoment Board. I sought clarification. Could the road, Arlington Blvd., be my peninsula? He said that the City Developemnt B0ard's policy is that a road cannot be a peninsula; their unwritten policy, based on Iowa Code 368 paragraph one, is that a road is not considered sufficient access in this situation. Could a designated strip of land, two inches wide, or two feet wide, be considered a peninsula, I asked? He told me to call the secretary of State's office. I did. They said it has never been tested in court. The reality is that an umbilical cord of land would not be a real peninsula, and that we would be an island with an unbilical cord, if such a proposal passed. I don't believe that is the intent of Iowa Code 368. We understand that this year, unlike last year, a new law permits Windsor Ridge to ask this Commission for annexation, and that this time around, the City Development Board does not have to rule in case. The four or five lots that this peninsula could become, should annexation be approved, cannot be critical to the success of this development, or the developers would never have accepted the peninsula in the first place. We want this Commission to know that from the beginning of this project, and on several occasions, we have made Gary Watts the following offer. We will be happy to give him our property in exchange for another one, and then he will be free to annex and develop ~the entire peninsula, our acreage as well. Until such a trade is effected, I urge this Commission to honor the State's ruling of last year, and leave us as part of a real peninsula, protecting our rural rights. Si~cerelF,iA hlan & ~£na COURT ST / ! Location Map Proposed East Annexation Area ? / LOWER WEST BRANCH RD ,Lindeman~ ·14 i er,~nymus AMERICAN k E~,. 08-11-1995 09:~0P~1 FE~]M TOWNSHIP OF CULROSS TO 1~19~5~089 P.O~ August 10, 1~.i95 -- Honorabl~ ~ayo~ and 5:. City Council Iowa City, Iowa we formally protest the rezoning and annexation of Windsor Ridge-Part One Tract "A". Windsor Ridge accepted the creation of its peninsula (Tracts A,B,and C) when they began their development. The peninsula ;~as forced upon them by the State authority, the CDB (City D~velopment Board) for one reason only: to protect the Weinstein property. from becoming an island of land su~rqunded by Iowa 0ity. Such an m sla~d is illegal according to Iowa Code 368.1. The City can't rezone Tract A without annexing it first. Such an annexation will, we believe, ereate an island. Slnce a~ island is illegal by State Code, we £e~r our innevitable involuntary annexation by the City, if you now accspt the voluntaz~ ~nnexation of Tract A, We did not protest the development of Windsor Ridge because we W~re assured that we would not be involunta~il~-:annexed. T~e. CDB created the peninsula to protect us,. The law against isiands has not changed.. If the Planning and zoning Bo~rd of Iowa City now Choose to interpret Towa Code differently than the State Authority, the CDB, perhaps we need the opinion of a higher authority. Windsor Ridge can legally develope Tract A as County land. Let ~hem do it. maintain the statu~ quo, and continue to pro~ec~ u~ according to the original development plan, acceptsd by this city, this Plamning and Zoning Board and this developer, only a short time age. G. L IDI I H 8TOBO a Commitloner, etc. Clerk Treasurer, for Township Of 3880 Owl Song Lane, S,E. Iowa City, Iowa 522g0 g8-11-1995 ~9::3~clt ~ ~IP II~ CIJ.ROS~ TO 1:31935658~9 TO: HONORABLE MAYOR AND CITY COUNCIL IOWA C~f, IOWA properly w'nlc~ f~ located ~dtl~ln two hundred feet a~ ~tm ~1or t~ of s~he ptop~ty f~- ,d-,lob t~e z.e~ing ct, a~ge Is pr~ d~ hmelvf protest the mzop.ing of the f~:~. ng proptory: ELIZABETH STOllO 8 Comrr~ner, eto, Tfeasmw, f~ TOWnSh~ d May 11,1993 CITY OF I0 WA CITY Steven R. McCann, Staff City Development Board Department of Economic Development 200 East Grand Des Moines, IA 50309 Dear Mr. McCann: This letter is written in response to questions raised by the City Development Board at its April 15, 1993, meeting about the 240 acre Windsor Ridge annexation request area located east of the Iowa City corporate limits. Representatives of the City of Iowa City and the Windsor Ridge Development Co. will be available at the City Development Board's May 26, 1993, meeting to answer any other questions the Board may have. An aerial photo of the area has been enclosed for each member of the Board with one additional photo included for staff. The Board's questions are listed in bold print below. The City's responses are indicated in brackets following each bold print question. How wide Is the private drive (Owl Song Lane) leading to the Lyons and Welnsteln properties? [The Owl Song Lane right-of-way is 50 feet wide.] 2. What are the Clty's plans for annexlng the Lyons and Welnsteln properties? [The Lyons tract annexation has been forwarded for consideration by the City Development Board at its May 26, 1993, meeting. The Weinstein tract will potentially remain in the County for another five to ten years. The Weinsteins do not oppose the annexation, but desire to remain in the County. The City would look favorably on a voluntary annexation of the Weinstein property if it were requested by the Weinsteins.] 4 Is the County wllllng to continue to provide services, I.e, emergency services, to the Welnsteln property? [Emergency services would continue to be provided to the Weinstein tract as is done'now, that is, the West Branch Fire Department and the Johnson County Ambulance Service would be first responders. With development of a City street aligned within Owl Song Lane, the emergency access mad to the Weinstein property will be improved. No confusion should occur in emergency situations about whether the Weinstein property is Steven R, McCann May 11, 1993 Page 2 J e In the County or the City, because the Weinsteins' telephone is programmed so that all 911 calls will automatically be directed to the County. Fire departments operating in Johnson County have entered into a 28E mutual aid agreement so backup assistance is available upon request.] How are water and sewer services provided to the Far Horizons Subdivision? Is thero a rural water system? [The residents of the Far Horizons Subdivision have private wells and septic systems. Theta is no rural water system that serves this subdivision.] Is there road access from the City to the territory without traveling through unincorporated County land? [The development of Windsor Ridge will begin in the south portion of the tract with access from American Legion Road. People will use American Legion Road, which crosses County land, to access the proposed development. The City of Iowa City and Johnson County intend to enter into a 28E agreement concerning shared maintenance of the roads abutting the proposed annexation area.] Why was Far Horizons not annexed? Does the City have plans to annex the lend lying between the present City boundary and the territory? [The Far Horizons Homeowners Association did not apply to'be annexed into the City and, in fact, made it clear that the property owners within the Association wished to remain In the County. The City does not have plans to involuntarily annex the land lying between the present City boundary and the territory, but will consider voluntary annexation consistent with State law and using the criteria listed in the City's annexation policy. Iowa CIty's annexation policy and its growth policies are enclosed.] What art the Clty's plans for providing water and sewer service to the territory? Will the service lines cross County land? [The water trunk line serving the development will cross County land as it is extended from Scott Boulevard along American Legion Road to the Windsor Ridge property. The sanitary sewer trunk line will extend directly from Scott Park, which is City property, to the Windsor Ridge development. All service lines will be internal to the development and will not cross County land. A schematic of the water and sewer trunk line locations Is enclosed.] Steven R. McCann May 11, 1993 Page 3 If any other Information or materials concerning the Windsor Ridge annexations are needed for the May 26, 1993, City Development Board meeting, please do not hesitate to call me at 356-5251. Sincerely, Melody Robkwell' Associate Planner Encs. Darrel G. Courthey, Mayor Stephen J. Atklns, City Manager Marian Karr, City Clerk Karln Franklln, Director, Planning and Community Development Lowel! Swartz and Gary Watts, Windsor Ridge Development Co. IN ~{E Hh'rrv~ OF THE VOLUNTARY ) //O. UA 93-13 J~ ~ ) OF ~ The City of Iowa City filed its request for City Develop~nt Board approval ot ~nnexation of territory within the urhanized area of Johnsca County on March 11, 1993. Itcrice of City l)evalotme~t Board review of the request and owner's application was qivon on I/arub 29, 1993, and the Board considered the matter at its April 15, 1993 meeting. The Board tabled action on the proposal at its April 15, 1995 ~eeting and requested that the City of Io~a City provide additional infomation regarding the proposed annexation. ~he Board again considered the prolx~al at its ~4ay 26, 1993 meeting, including the City's response to the Board's request for additional informatica. The City Develol~mt Board, having considered the City's request for approval, the property owners application, and all evidence suhnitted by the affected parties hereby makes the folla~in~ findings of tact, con¢lusio~ of law and determination. FINDI~ OF 1. On September 10, 1993 by written applicatios which included a ~ap, Nindsor Ridge Develolraent Co. r~lUested the City of Io~a City to annex the followinq described property o~ned by them and located in Johnson County, Iowa: The proposed annexation territory is described in Appendix A attached hereto and by this reference mede a part of. 2. On February 8, 1993 the City of Io~a City published in an official county newspaper, notice of the City Conncil's meeting on ~iarch 2, 1993 to consider the application for voluntary annexatica. 3. On Nov~nber 12, 1992 the City of Ic~a City provided a copy of the application for voltrotary annexation to Johnson Coont¥ Board of Supervisors and East Central Io~a Cct~cil of Coremmerits. By resolution dated ~4arch 2, 1995 which contained a legal description, the City Council of Iowa City voted to ~anex the subject property. The area to be annexed is with/n 3ohn~ofi Cotu~ty. Johnsc~ cottory is d~i~t~ ~ a ~tro~lit~ ~tetisti~l Ar~ b~ the U.S. ~ Bur~u, ~d i~ ~herefore ~ ~z~ ar~. ?. ~e area to ~ ~ex~ ~ a c~ ~ary with the City o~ I~a City ~re t~ 50 /eet. 8. ~e area ~o ~ ~ex~ d~ not c~ain railr~d 9. ~ ~rch 11, 1993 the City c~t~ the City ~velo~t Board to approve t~ ~exuti~ of the territory d~cri~ in ii~ n~r ~e. ~ld r~ incl~ a cop~ oi the ~er's applica~i~, ~p ~ city 10. ~ ~rch 29, 1993 the City ~velo~ ~rd notifil, by ~il, receipt ~t~, 3o~ ~ty B~rd of ~isors, 3o~ Atto~ey, ~ C~tral I~ ~cil of ~ve~te ~ I~ of T~Vor~ation, of the pro~ ~exation ~ r~t for approval. ~id notice in~t~ oral ~ ~ritt~ evtd~ce relative to the ~exati~. ~t ira ~rch 29, ~993 ~eting the B~r~ t~l~ acti~ ~ the pro~al ~d ~t~ addtidal info~ti~ f~ the Cit~. Having giv~ proper notice, the ~a~d f~ther c~ider~ the ~exa~i~ at its ~y 26, ~993 ~etin~. ~e c~iderati~ incl~ a~ti~l info~ti~ provid~ by the Cit~ ~ r~t~ b~ the ~e ~d aVp~ov~ the pro~ ~exatl~ on the c~ti~ t~t ~ to ~d~ a ~t~ip of ~nco~orat~ l~d ~ng t~o~h te~ritorl fr~ ~ f~t to 200 feet. ~ J~e 2, 1993 the Citl ot I~ City provid~ ~he ~t to vol~tar~ ~exation p~op~al ~t~ b~ the ~a~d ~ d~c~i~ in attac~ ~ereto ~d b~ t~ rete~ce ~ade a part ot. 15. ~o r~p~e ~ r~eiv~ fr~ ~y gove~tal ~t o~ individ~l. ~s~ ~ t~e info~ti~ favori~ the ~exation fo~ in the petiti~ ~ other ~terial~ itl~ b~ ~he City of I~ cit~ ~ t~e ~ce evid~ce of ~t pot~tial adverse c~c~, the B~rd tin~ the ~exa~i~ ~o ~ in ~he p~lic inter~t. OO~C~J$I(~{$ Of' L~ 1. The territory to be annexed "adjoins" the City of lo~a City as the term is defined in Ic,~a Code 368.1(1) 11991) and is ~thtn the "urbanized area" of Johnson County as the term is defined in Io~a Code (199i>. 2. The City published notice of the filing of the petition and provided copies of the proposed annexation to parties in accordance with the requirersors of lo~a C~e 368.7 (Supp. 1991). 3. The City Developr~nt Board has jurisdiction' to approve or disapprove the o~ner's application for annexation Io~a Code 368.7 (1991). If the owner's application is approved by the Board, the Board is required to file per. rices of the proceedings in accord with Io~a Code 368.7 (1991). 4. The resolution by the City Cot~cil of Io~a City conforn~ ~rlth Io~a Code 368.7 (1991). 5. The City of Io~ra city'a request for ~ard approval end the snnexation is in substantial c~liance with 253 I~a AAnin Cede 1.7. In accord ~dth the standards sat forth in Io~a Code ~. 368 (1991) the annexation proposal is in the public'e interest. DATED ~HI8 ~ ~ day of 3uly, 1993 CITY DRV~LOHiI~IT IKIARD Delmn L. Bo~ers, Chairperson signature affixed by Steven R. HcCaon, Staff for City Developer Board as authorized under 263 Io~a Admin. code-3.~8 T~RE~OP~, IT IS OP~I~D that the application of the follo~in9 described territory to the City of Ic~a City is her~y approve: The pro~ ~exati~ territor~ [s d~cri~ In Apex h ~ attach~ hereto ~ b~ tMs refer~ce ~de a part IT IS ~ O~DZP~D that the owner's annexation application and r~ap, City Council resolution, notice~ o~ B~d r~vi~ ~d tMs Order ~ [~1~ B~ the ~rd ~ith the Jollying: Io~a Secretary o[ State ~o~on Co~t~ ~eccrder ~i~y Clerk City of I~a City ~ a cop~ is se~ u~n: Johnson Co. Board of Supervisors Johnson County Attorney East Central Ic~a Co~cil of Ooverr~ents and that the Board file a copy of the map and legal description with the Iowa Department of ?ransportation, and that all recording and filing fees be charged to the City of Iowa city. Dated this ~Z- day of July, 1993 CItY DEVELOPflI~7~ [~RD Dalton L. Bo~ers, t~airpersun I~00F OF SI~ICE The underslimed hereby certifies that a true cop~ of the fore9oing i~trtraent was served upon: Marion K. Kerr, City Clerk City of Iowa City 410 Washington Street iowa City, Iowa 52240-1826 Johnson Co. Board of Supervisors 913 S. Dubuque Street Io~a City, Ic~a 52240 J. Patrick Hhite Johnson Coullty Attorney Johnson Cottory Courthouse Io~a City, Iowa 52240 Hattrice Burr, District 6 Iowa Dept. of ?rarmportation 430 16th Avenue ~4 Cedar Rapids, Iowa 52404 Jim Hacker, Executive Director East Central Iowa Cotmcil of ~overr~e~ts Bldg ECS, 6301 ~r~ Bird ~ P.O. ~x 2068 ~ar ~pt~, I~a 52406 ao~ O'neil 1 Jo~on Co~t~ R~order Jo~ ~%y ~urkho~e I~a City, Iowa 52240 The Honorable Elaine Baxter Secretary of State State Capitol Building Des Moines, Iowa 50319 ,5aid copy was ~railed by certified nail, return receipt requested, in an envelope addressed to th~n at the address shown above, the postage fully paid and by depositing s~re in an U,~ited States Post Office depository in Des Hoines, Iowa on the~l,,~{/day of Julf~993. . IOWA CItY UA 93-13 Windsor .Ridge Annexation b~p Amendment UA93-33 Lyon \ \ UA93-13 IOWA CITY Windsor Ridge \ \ City of Iowa City MEMORANDUM Date: To: From: Re: September 15, 1 994 Melody Rockwell, Associate Planner Sarah E. Holecek, Assistant City Attorney ~ Recent Annexation Law Legislative Updates Per your request, attached please find copies of the most recent legislative actions affecting Iowa Code Chapter 368 on annexations by cities. For your convenience and "assistance in digestion", I have included both a copy of Chapter 368 as amended and copies of the interlined House/Senate files which depict the actual additions and strikeouts. The major changes include the following: A. VOLUNTARY ANNEXATION: 1. For voluntary annexation, consent of all of the owners of the subject territory is no longer required in the application; consent of 80% of the subject landowners will suffice if their inclusion without consent will avoid creating an island or create more uniform boundaries. However, a "supermajority" (4/5) approval by the city development board, after a hearing for affected property owners and the county, is required for the passage of an "80% annexation". (See 368.7(1)). 2. Now, a legal description must be included with the application in addition to a map. 3. The type of approval now required depends upon the location of the tract to be annexed. If the tract is not within the two-mile boundary of more than one city, (i.e. the tract is only within the two mile limits of the city by which it requests annexation), only the city council to which annexation is directed need approve the application by resolution; approval of the City Development Board is no longer required. (See 368.7(2)). (Please also note that it is clarified that the approved legal documents must be filed with the Secretary of State, the county board of supervisors and each affected public utility, in addition to the D.O.T.). If the tract requesting annexation is within two miles of more than one city, both the city council of the city to which annexation is directed, and the City Development board must approve the application. (See 368.7(3). (Please note basically same filing/notice requirements, with exception of inclusion of all affected public utilities). 4. Please note new section 368.7A regarding secondary road annexation. (particularly as this may come into play with the Sand Hills RFBH annexation and the extension of Sycamore Street). The other changes within the Chapter are quite minor and generally involve a change or clarification of entities entitled to filing/notice. However, these should be carefully reviewed to ensure compliance. Please also note that Section 368.7 has been divided into subparagraphs; thus, legal citations in resolutions may need to be amended as appropriate. Please contact me if you have any questions. cc: Bob Miklo Linda Newman Gentry Planning & Zoning Commission November 3, 1994 Page 11 Gibson said he is very sensitive about the concerns that have been addressed regarding the concentration of factory-built housing units in this quadrant of the city, But he noted the topography of the area is what has caused these units to be placed here in the past and this will continue in the future; it is flat and less costly to develop here, Bovbjerg and Jakobsen added that sewage capacity at the north wastewater treatment facility is another factor limiting the options, Scott said he had reviewed the requirements placed on zero lot line units in the RS-8 zone, and said that he could not see how Whispering Meadows could say they can't consider zero lot line units. Miklo said the plat is configured for single-family units, and would need to be replatted to accommodate zero lot line development. Whispering Meadows has already received final plat approval. The motion carried on a vote of 5-0, CZ-9445. Public discussion of a request by Albert and Shirley Westcott to rezone a 38,22 acre parcel located west of Prairie du Chien Road, approximately 1/4 mile north of its intersection with Newport Road from County A1 to County RS. Scott noted a letter dated November 2, 1994, from Larry Schnittjer of MMS Consultants stating the desire by the Westcotts to defer this application to the December 1, 1994, Planning and Zoning Commission meeting. Public discussion: There was none. Public discussion closed, MOTION: Bovbjerg moved to defer CZ-9445, to the December 1, 1994, meeting of the Planning and Zoning Commission. Gibson seconded, Scott said that the Westcotts were requested to defer this item by a member of the Johnson County Board of Supervisors, pending the resolution of the Fringe Area Agreement dispute. The motion carried on a vote of 5-0. ~ ANNEXATION/REZONING ITEM: ANN94-0008, REZ94-0013. Public discussion of an application submitted by Windsor Ridge Development Co. to annex a 3.05 acre tract located north of American Legion Road and west of Arlington Drive and rezone the property from County RS, Suburban Residential, to RS-5, Low Density Single-Family Residential. Rockwell said the primary impact of the proposed annexation is to narrow the peninsula of the County land connecting the Weinstein property to County land south of American Legion Road. Rockwell said the narrowing of the land will not create an island of county property within the city. When the Commission and Council considered the annexation of the 240 acre Windsor Ridge tract, the county connection Planning & Zoning Commission November 3, 1994 Page 12 between the Weinstein tract and American Legion Road was considered to be Owl Song Lane, which was 50 feet in width. What is now under consideration as a connection is the right-of-way of Arlington Drive, which is 60 feet in width at the north end of Tract A and widens to 80 feet where it connects with American Legion Road. Rockwell noted the State Code has changed. It now would permit this annexation to take place without City Development Board approval or jurisdiction. There is also a new 20% rule in the State Code which states that consent of 80% of the subject landowners will suffice for approval of an annexation. Rockwell said the narrowing of the peninsula will not change the amount of protest property should an involuntary annexation of the Weinstein tract occur in the future. Rockwell said staff recommended that the proposed annexation of the 3.05 acre tract located north of American Legion Road and west of Arlington Drive be approved. Staff also recommended that the proposed rezoning of the 3.05 acre tract from County RS to RS-5 be approved, subject to the developer agreeing to pay all costs associated with providing infrastructure for development of the subject tract, and screening of the lift station on the south from American Legion Road. Rockwell said there had also been discussion about binding the City, the developer and the Weinsteins to preclude involuntary annexation of the Weinstein tract. As to the question of whether it would be a legal or illegal to include such a provision in the conditional zoning agreement, Holecek said this would not be illegal, but counsel did not advise it. She said it may create more problems for the City in the future without necessarily solving the problem intended to be addressed. Public d'scuss~on: Alan Weinstein, 3880 Owl Song Lane SE, said there appear to be only three parties interested in this annexation: the developer, the City, and himself. Weinstein said Karin Franklin was asked at the last public meeting if there was any way the Weinsteins may be adversely affected through involuntary annexation. Franklin said yes, and described the 20~80 State law, saying it is conceivable Weinstein may be adversely affected. Weinstein said he had called Steve McCann of the City Development Board and asked him if this proposal was to go before the City Development Board today, did he feel the Board would see the situation any differently. McCann asked why, as the Iowa Code Section 368 had not changed, and the unwritten Board policy interpreting 368.1 had not changed. Weinstein said McCann's view was there would be no change on the part of the Board. The Board would still wish to keep the peninsula 200 feet wide. Weinstein said he was comforted by the fact that someone at the State level was looking after his interests and had required the 200 foot width. Weinstein said he was not comforted by this requested change to a reduced width. Starr asked the rationale for the width expansion by the City Development Board. Rockwell said the main concern seemed to be about emergency service provision and whether there would be some confusion as to where City or County vehicles would go. Rockwell said the City's responses to these concerns are included in the Commissioners' packets. One member of the City Development Board seemed to think that making the peninsula wider would make it more clear that the Weinstein property Planning & Zoning Commission November 3, 1994 Page 13 is part of the County. Starr clarified that not permitting a road to serve as a county connection, or be considered a peninsula was an "unwritten" rule of the City Development Board. Rockwell said yes, and as the Chair had previously pointed out, the City Development Board has not consistently followed this unwritten rule. Gary Watts, 4988 Lower West Branch Road, developer of Windsor Ridge, requested that both the annexation and rezoning request be deferred indefinitely. Public discussion closed. MOTION: Gibson moved to defer ANN94-0008, REZ94-0013, indefinitely. Jakobsen seconded. Watts verbally agreed to a waiver of 45-day limitation period and said hewould submit a letter to that effect to Planning staff. The motion carried on e vote of 5-0. DEVELOPMENT ITEMS: SUB94-0014. Public discussion of an application submitted by Village Partners for preliminary and final plat approval of Village Green, Part XIII, including aresubdivision of a portion of Village Green, Part III, an 11.57 acre, 17-1ot residential subdivision located east of Wellington Drive. Miklo said the Commission considered this particular subdivision several months ago under the title Village Green, Part XIII. Subsequently, staff discovered that a portion of that plat subdivided in 1972 was designated for open space. The legal papers for that subdivision indicated the open space would at some point be dedicated to the Village Green Homeowners Association. That dedication never occurred and the property along with surrounding farm land was eventually sold to another developer. The land was sold again. This time it was purchased by Village Partners, the current applicant for the subdivision. Miklo said City legal staff has received some information from the applicant's attorney regarding a possible statute of limitations. Due to the amount of time that has lapsed, it appears there is no requirement to turn this land over to the Village Green Homeowners Association. Therefore, the applicant could proceed to subdivide this property. Miklo said the resubdivision includes one multi-family lot, or ('PDH lot, and sixteen single-family lots. The preliminary plat was reviewed earlier by the Planning and Zoning Commission. Miklo noted there are some issues to address concerning sanitary sewer capacity in the area, including the improvement of the Heinz lift station. This will partially be the responsibility of the applicant. The applicant will reimburse the City f0ra portion of the cost of these improvements and the legal papers should specify the developer's obligation in this regard. Treat your family like royalty. Treat them to Windsor Ridge. November 9, TO: FROM: RE: 1994 Planning and Zoning Commission Windsor Ridge Development Company ANN94-0009, REZ94-0013, Windsor Ridge, Tract A In the process of considering the request for annexation and rezoning of Windsor Ridge's three acres on the west side of Arlington Drive, some confusion has been created about the intentions and motivations of Windsor Ridge. I want to take this opportunity to clarify some of these matters and respond to assertions made by Alan Weinstein in his letter of October 20, 1994. The City staff's recommendation to approve this annexation and rezoning request is fair and should be accepted. The request, in a sense, repackages what this Commission already aproved and endorsed almost TWO YEARS AGO. At no time during the preparation of this request did we anticipate or intend to raise any controversy. Our expectation was to reconnect Tract A -- rendered an island by the arbitrary action of the City Development Board -- to the remainder of our subdivision for appropriate management and development. Somehow during discussion of this issue Windsor Ridge has been characterized as an opponent of Alan and Nina Weinstein. We have no quarrel with their desire to retain the rural character of their home and, as developers on site every single day, we are acutely aware of the inconveniences that occurred during construction of the subdivision. That is why Windsor Ridge -- provided them with a four-wheel drive vehicle for a nu~er of weeks when mud made passage difficult; -- brought in truckloads of rock to support their lane; ,.~ Markeled by ERA WATI'S-HOUSER REALTORS 1700 First Avenue/Eastdale Plaza, Iowa City, IA52240 Windsor Ridge Development Company Gary Watts Telephone 319.354-6760 Toll. Iree 1-800-804-670) Mobile a 31'~-331-cXt16 page 2 Windsor Ridge Development Company -- provided a cellular telephone when service was interrupted; -- repaired and reinstailed their mailbox; and -- offered through Counsel to reimburse all engineering, legal and other related costs incurred during annexation proceedings should they desire to participate. At the same time, because the Windsor Ridge subdivision has been conceptualized and developed according to the rigorous standards of Iowa City, the value of all the land in the area has been enhanced. The Weinstein's property -- even though it is still in the County -- enjoys access to City water and sewer service; underground electric, cable television and fiber optics systems; a safe, lighted, concrete road that will be maintained in all weather by the City; excellent emergency access; and improved stormwater management. While the Weinstein's may not view these improvements as desireable, they are generally considered by real estate professionals to add long term value to rural land. Windsor Ridge paid for all of these improvements; the Weinsteins will never receive a bill. The Weinstein's letter expresses fear about becoming an island connected to the County by an umbillical cord -- Arlington Drive -- and being annexed involuntarily at some future time. Perhaps some facts need to be clarified. 1. Arlington Drive belongs to the City -- it is a City Road in the County. It does not belong to Windsor Ridge and we do not control its use now or in the future. The Weinsteins do not need to be afraid of what Windsor Ridge will do with Tract A; they need to be concerned about what the City does with a road in the County. 2. The Weinsteins never owned land adjoining or abutting American Legion Road; they enjoyed access to American Legion Road via an easement over land that Windsor Ridge purchased in 1992. At no time to my knowledge did the Weinsteins take advantage of opportunities to solidify their attachment to D_merican Legion Road by purchasing land. page 3 Windsor Ridge 3. In any involuntary annexation involving Tract A and the Weinsteins, Windsor Ridge would be in the same position as the other minority landowners in the area. I would like to address an assertion made in the letter Mr. Weinstein placed in the record of the October 27 meeting. First, he states Windsor Ridge requested he "...withdraw our submitted, signed objection to the annexation of Windsor Ridge to the City because the City Development Board's peninsula would protect us from being annexed." Neither I nor anyone else on behalf of Windsor Ridge made any such request. It would have been impossible since annexation was approved by the City on March 2, 1993, PRIOR to the consideration by the City Development Board. No one involved in the annexation knew anything about a peninsula until May 26, 1994, when City staff and the owners of Windsor Ridge met with the City Development Board in Des Moines. Finally, I want to ask that the Commission consider the true meaning of the final two paragraphs of the Weinstein's October 20 letter. "We want. this Commission Co know that from the beginning of this project, and on several occasions, we have made Gary Watts the following offer. We will be happy to give him our property in exchange for another one, and then he will be free to annex and develop the entire peninsula, our acreage as well. Until such a trade is effected, I urge this Commission to honor the State's ruling of last year, and leave is as part of a real peninsula, protecting our rural rights" The Weinsteins want a downtown building zoned for commercial and residential use. As you know, such property is scarce and priced substantially higher than rural property. Our interpretation is that the Weinstein's motivation in opposing this annexation and rezoning is to acquire a downtown property -- NOT "protecting our rural rights." It would seem that Tract A and Windsor Ridge are hostages rather than antagonists. NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE 1995 CURB RAMPS PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con- duct a public hearing on plans, specifications, form of contract and estimated cost for the con- struction of the 1995 Curb Ramps Project in said City at 7:30 p.m. on the 15th day of Au- gust, 1995, said meeting to be held in the Council Chambers in the Civic Center in said city. Said plans, spscifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Coun- cil of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK PH-1