HomeMy WebLinkAbout1998-11-03 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 7:00 p.m. on the 3'd day of November,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
Low Density Single-Family Residential (RS-5) to
Planned Development Housing Overlay (OPDH-
5), for property located at Wellington Drive and
Village Road.
2. A resolution approving the annexation
of a 4.45 acre tract, occupied by the Court
Street right-of-way, for property located at the
east terminus of Court Street.
3. An ordinance changing the zoning
designation of a 4.45 acre tract from Suburban
Residential (County RS), to Low Density Single-
Family Residential (RS-5) and Public (P) for
property located at the east terminus of Court
Street.
4. A resolution approving the annexation
of a 19.81 acre tract located at the southeast
corner of Scott Boulevard and American Legion
Road.
5. An ordinance changing the zoning
designation of 21.53 acres from Low Density
Single-Family Residential (RS-5), County A-l,
Rural, and County CH, Highway Commercial,
to Planned Development Housing Overlay
(OPDH-12), located at the southeast corner of
Scott Boulevard and American Legion Road.
Copies of the proposed resolution 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.
MARlAN K. KARR, CITY CLERK
ppdadmk,Jnph-1103.doc
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE 10
ACRE TRACT OF LAND LOCATED AT
WELLINGTON DRIVE AND VILLAGE ROAD,
FROM RS-5 TO OPDH-5, A PRELIMINARY
PLANNED DEVELOPMENT HOUSING (OPDH)
PLAN FOR VILLAGE GREEN, PARTS XVI AND
XVII.
WHEREAS, the subject property is presently in
an area shown on the Comprehensive Plan for the
City of Iowa City as residential, at a density of two
to eight dwelling units per acre; and
WHEREAS, the property owner has applied
to rezone the parcel to OPDH-5 to permit
development of the tract for a planned housing
development of 36 dwelling units clustered in
three-unit buildings around a storm water
detention facility; and
WHEREAS, the proposed design of the
OPDH plan has the appearance of a sufficient
amount of open space; features such as varied
roof lines and staggered facades, which will
lessen the appearance of bulk; and setbacks and
perimeter landscaping, which will make the design
compatible with surrounding existing and
anticipated single-family development; and
WHEREAS, the density of the proposed
development is consistent with the density
proposal in the Comprehensive Plan in this area.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. ~'ONING AMENDMFNT. The
property legally described below is hereby
reclassified from its present classification of RS-5
to OPDH-5, and the preliminary PDH plan for
Village Green, Parts XVI and XVII, on the
following property, is hereby approved:
A portion of the Southeast Quarter of Section 13,
Township 79 North, Range 6 West, of the Fifth
Principal Meridian, Iowa City, Johnson County,
Iowa, also being a portion of Outlot "A", Village
Green Part XV, as recorded in Plat Book 38 at
Page 97 of the Records of the Johnson County
Recorders Office, more particularly described as
follows:
Beginning at the Northeast Comer of Lot 25,
Village Green Part XIII, as recorded in Plat Book
34 at Page 323 of the Records of the Johnson
County Recorders Office; Thence Southeasterly,
247.93 feet, along the Southerly Right Of Way
Line of Wellington Drive a 760.49 foot radius
curve, concave Southwesterly, whose 246.84
foot chord beam S75°32'57"E; Thence
S66012'34"E, 51.64 feet; Thence southeasterly
590.47 feet, on a 1930.00 foot radius curve,
concave Northeasterly, whose 588.17 foot chord
bears S74°58'26"E; Thence Southeasterly 23.21
feet, on a 15.00 foot radius curve, concave
Southwesterly, whose 20.97 foot chord bears
S39°24'05"E; Thence S04056'08"W, 125.72 feet:
Thence Southwesterly 1034.38 feet, on a 700.00
foot radius curve, concave Northwesterly, whose
942.81 foot chord bears S47°16'06"VV, to the
Southeast corner of Lot 42, Village Green Part
XIV as recorded in Plat Book 37 at Page 41 of
said Recorders Office; Thence N06°04'44"E,
along the east line of said Lot 42, 250.33 feet, to
a point on the east line of Lot 43, of said Village
Green Part XV; Thence N64°49'19"E, along the
east line of said Lot 43, 275.09 feet; Thence
N04024'54"E, along the east line of said Lot 43,
177.08 feet; Thence N34°34'27"W, along the
east line of said Lot 43, 174.70 feet; Thence
N89°54'27'~/V, along the east line of said Lot 43,
233.29 feet; Thence N34036'55"W, along the
east line of Said Lot 43, 208.57 feet, to a point
on the east line of said Lot 25; Thence
N02°51'05"W, along the east line of said Lot 25,
119.31 feet; Thence N05°06'40"E, along the east
line of said Lot 25, 38.75 feet, to the Point of
Beginning. Said tract of land contains 9.89
Acres, more or less, and js subject to easements
and restrictions of record.
SFCTION II. 7ONING 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 final
passage, approval, and publication of this
ordinance as provided by law.
SECTION III. RFPFALI=R. All ordinances
and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SI=CTION IV. SF'VFRABILITY. If any
section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
part thereof not adjudged invalid or unconsti-
tutional.
SECTION V. FFFFCTIVF: DATF. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and appmved this day of
,1998.
MAYOR
A'I'FEST:
CITY CLERK
C' ty~ 'a~/~
ppdadmin'~:x'd\vilgrgeA.doc
STAFF REPORT
To: Planning & Zoning Commission
Item: REZ98-0012 and SUB98-0021.
Village Green, Part XVI.
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
File date:
45-day limitation period:
SPECIAL INFORMATION:
Public utilities:
Public services:
Prepared by: Robert Miklo
Date: August 2, 1998
Village Partners
c/o Franz Construction Co.
325 Third Street
Iowa City, IA 52245
Phone: 338-7923
Rezoning from RS-5 to OPDH-5 and
preliminary plat approval of Village Green,
Parts XVI and XVII, a 4-lot residential
subdivision.
To allow the development of 36 residential
units.
South of Wellington Drive and west of Scott
Scott Boulevard.
Total 30.85; Part XVI 6.34 acres, Part XVII
6.49 acres, outlots 18.01 acres.
Undeveloped, RS-5
North:
East:
South:
West:
Residential and vacant
Vacant, RS-5
Residential and vacant, OPDH-5
and RS-5
Residential, OPDH-5
Residential, 2-8 dwelling units per acre,
August 12, 1998
September 26, 1998
City water and sewer will be provided.
Municipal police and fire services will be
provided. Private refuse service will be
necessary.
Transportation:
Transit service is available at the
intersection of Wayne Avenue and Village
Road via the Towncrest route.
Physical characteristics:
This property is generally fiat. A storm
water basin is located on the western part
of the development.
Sensitive Areas Ordinance:
Hyddc soils are located on Outlot B. A
storm water basin was built in a stream
corridor that formerly existed on this and the
adjacent parts of Village Green.
BACKGROUND INFORMATION:
The Village Green area began developing in the mid-1960s as Village Green Part I. Since that
time, several subdivisions covering Village Green Parts I to XV have been approved. When
Village Green Part XII was reviewed by the City in 1992, the applicant submitted a concept plan
for approximately the southern half of the Village Green area. The plan showed the intersection
of Village Road and Wellington Drive with Scott Boulevard. The concept plan depicted several
clusters of townhouse-style condominiums located around a water detention basin between
Wellington Drive and Village Road. Five lots containing clusters of town houses have been
approved and built since 1992. The applicant now proposes to continue the implementation of
the concept plan by building 36 townhouse units on Lots 44-47. The proposed Wellington
Condominiums require the approval of a rezoning from RS-5, Low-Density Single Family, to
OPDH-5, Planned Development Housing. The plan also includes outlots A & B which are not
proposed for development at this time. Development on outlots A and B will require future
subdivisions and possibly rezoning.
ANALYSIS:
OPDH Design: As stated in the Zoning ordinance, the OPDH zone is established to permit
flexibility in the use and design of structures and land in situations where a conventional
development may be inappropriate, and where modifications of requirements of the underlying
zoning will not be contrary to the intent and purpose of the Zoning ordinance, inconsistent with
the Comprehensive Plan or harmful to the neighborhoods in which they are located. In this
case, the proposed OPDH would allow attached housing units on a common lot versus
single-family detached dwelling units on individual lots normally required in the underlying RS-5
zone. The applicant has stated the purpose of the OPDH in this area is to assist in creating an
amenity out of the required storm water management facility.
The four proposed private streets will be 25 feet wide and each will provide access to 9
townhouse units. Side walks will be provided on Wellington Drive and Village Road but will not
be located on the private streets. In the earlier phases of this development, the City waived
side walks on the private streets except Somerset Lane, which provides access for 27 units.
The OPDH plan for lots JA-47 is consistent with the concept plan on which the remainder of the
Wellington Condominium development has been based. The plan is consistent with the
Comprehensive Plan policy of including a variety of housing types in neighborhoods. Even
though the design is not consistent with the Comprehensive Plan policy of creating more
pedestrian friendly streets, in staffs view it is appropriate to approve this rezoning and the
associated OPDH plan, because the design is based on the overall concept plan for the
p'roperty between Wellington Drive and Village Road that the City and the applicant have been
following since 1992.
Traffic: The density of the proposed condominium development is approximately 4 units per
acre, This density is slightly higher than a conventional single-family development in a RS-5
zone. There should not be a significant increase in traffic as a result of the approval of the
proposed OPDH.
This plan provides for Wellington Drive, a collector street, to be built to Scott Boulevard. This
connection will provide secondary access and will improve vehicular circulation for much of the
Village Green neighborhood. Village Road will also be completed. The proposed dwelling units
will have access to Chatham Place, Wentworth Place, Churchill Court and Cromwell Court,
private streets.
Public Utilities: The applicant has previously paid fees for the upgrade of the Village Green Lift
station to serve this development. A water tap-on fee will be required for development of Part
XVI and XVII, As the outlots within the subdivision are subdivided and developed, the water
tap-on fee will be collected for them.
Storm Water Management: Storm water storage for this development will be provided in a wet
bottom storm water basin on the west side of the subdivision. Because of the high water table in
this area, the legal papers for Village Green Part XII-XV contained requirements for a private
tile system to drain the area to allow the construction of dwellings with basements. Similar
stipulations should be required for the final plat of Village Green Part XVI and XVII.
Sensitive Areas Ordinance: Because this property contains a stream corridor and hydric soils
a sensitive areas site plan is required. The site plan requires staff approval. The stream corridor
in this area was greatly altered during construction of previous phases of Village Green, prior to
adoption of the Sensitive Areas ordinance. Most of the natural features of the corridor have
been removed. The Sensitive Areas ordinance allows storm water management facilities in
stream corridor buffers. The landscaping plan includes natural planting areas along the edge of
the proposed pond.
Open Space: At the time Village Green Part XIV was subdivided, .35 acres of neighborhood
open space was designated to be dedicated to the City. Fees were paid in lieu of open space
for the remainder of the development including the current subdivision.
Summary: The proposed OPDH design and preliminary plat of Village Green Parts XVI and
XV!I will continue the development pattern begun with the approval of Village Green Part
XII-XV. As designed, the proposed townhouses appear to be compatible with the adjacent
single-family neighborhood and existing condominiums in this area. The development of future
phases of Village Green will require subdivision and possibly zoning approval. Future rezoning
will be reviewed for constancy with the Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends that the requested rezoning from RS-5 to OPDH-5 and the preliminary
OPDH plan and preliminary plat for Village Green, Parts XVI and XVII, a 30.85 acre, 2-lot
residential subdivision with 2 outlots be approved.
ATTACHMFNTS:
1. Location map
2. Preliminary Plat/ODPH Plan/Sensitive Areas Site Plan
/
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Department of Planning & Community Development
ppdadm/stfrep/980012rm.doc
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PLAT PRI~'ARk'~ BY: OWNER & SUBDIVIDER: O~'S ArrORNEY:
VILLAlIE p~ Philip A. Left
c/o 'Yrautz C~nat.ru~tt~n C~. 222 S Li.un St
~25 Third St Io~a City, Iowa
Iowa City, Iowa
Preliminary Plat Village Green, Parts XVI & XVII, Iowa City, Iowa
Preliminary 0PDH-- 5 Plan for Lots 44-- 47
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 3'd day of November,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance changing the zoning
designation of approximately 10 acres from
Low Density Single-Family Residential (RS-5) to
Planned Development Housing Overlay (OPDH-
5), for property located at Wellington Drive and
r ' p ' annexation
. the Court
Street right-of-way, for property located at the
east terminus of Court Street.
3. An ordinance changing the zoning
designation of a 4.45 acre tract from Suburban
Residential (County RS), to Low Density Single-
Family Residential (RS-5) and Public (P) for
property located at the east terminus of Court
Street,
4. A resolution approving the annexation
of a 19.81 acre tract located at the southeast
corner of Scott Boulevard and American Legion
Road.
5. An ordinance changing the zoning
designation of 21.53 acres from Low Density
Single-Family Residential (RS-5), County A-l,
Rural, and County CH, Highway Commercial,
to Planned Development Housing Overlay
(OPDH-12), located at the southeast corner of
Scott Boulevard and American Legion Road.
Copies of the proposed resolution 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.
MARlAN K. KARR, CITY CLERK
pixladmirVnph-1103.dec
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
RESOLUTION NO.
RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 4.45
ACRES, OCCUPIED BY THE COURT STREET RIGHT-OF-WAY, LOCATED AT
THE EAST TERMINUS OF COURT STREET.
WHEREAS, the City of Iowa City has acquired approximately 4.45 acres of property located east
of the current terminus of Court Street as public right-of-way for the extension of Court Street; and
WHEREAS, the City desires to annex the 4.45 acre tract into the City of Iowa City, Iowa; and
WHEREAS, pursuant to Iowa Code §368.5 and 368.7 (1997), notice of the application for
annexation was sent by certified mail to the Johnson County Board of Supervisors, each affected
public utility, the Johnson County Council of Governments, and the East Central Iowa Council of
Govemments; and
WHEREAS, none of these entities have objected to the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The following described land should be annexed into the City of Iowa City, Iowa;
Beginning at the Southeast Comer of the Southwest Quarter of Section 7, Township
79 North, Range 5 West, of the Fifth Principal Meridian; thence N88°43'59"W, along
the South Line of said Southwest Quarter, 1036.36 feet; thence S14°38'50'M/, 2.38
feet, to the Northeast Corner of Scott Boulevard East, Part One, in accordance with
the plat thereof recorded in Plat Book 31, at Page 131, of the records of the Johnson
County Recorder's Office; thence N88°53'21"W, along the North Line of said Scott
Boulevard East, Part One, a distance of 683.17 feet; thence N00°39'55'~V, along
said North Line, and the East Line of Scott Boulevard East, Part Two, in accordance
with the plat thereof recorded in Plat Book 33, at Page 225, of the Records of the
Johnson County Recorder's Office, 75.04 feet; thence S88°53'21"E, 9.02 feet;
thence Northeasterly, 75.34 feet, along a 1360.00 foot radius curve, concave
Northwesterly, whose 75.33 foot chord beam N89°31'26"E; thence N87°56'13"E,
103.03 feet; thence Northeasterly, 79.77 feet, along a 1440.00 foot radius curve,
concave Southeasterly, whose 79.76 foot chord bears N89°31'26"E, thence
S88°53'21"E, 771.32 feet; thence Northeasterly, 372.64 feet, along a 960.00 foot
radius curve, concave Northwesterly, whose 370.30 foot chord bears N79°59'27"E;
thence N68°52'14"E, 114.88 feet; thence Northeasterly, 203.49 feet, along a
1040.00 foot radius curve, concave Southeasterly, whose 203.16 foot chord bears
N74°28'33"E; thence N80°04'52"E, 14.62 feet, to a Point on the East Line of said
Southwest Quarter of Section 7; thence S00°05'18"E, along said East Line, 261.42
feet, to the Point of Beginning. Said parcel of land contains 4.45 acres, more or less,
and is subject to easements and restrictions of record.
2. The City Clerk is hereby authorized and directed to certify, file and record all necessary
documents as required by Iowa Law under §368.7 (1997).
Resolution No.
Page 2
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 Johnson County and
the State Treasurer, said population being zero.
Passed and approved this
day of ,1998.
MAYOR
ATTEST:
CITYCLERK
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
ppdadmin~res~ourtst. doc
STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Scott Kugler
Item: ANN98-0004/REZ98-0015. Court Street Annex. Date: September 17, 1998
GENERAL INFORMATION:
Applicant:
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Contact person:
Rob Winstead, Senior Civil Engineer
City of Iowa City
Iowa City, IA 52240
Phone: 356-5145
Requested action:
Annexation and zoning of property
recently acquired by the City for the
construction of Court Street, east of
Scott Boulevard.
Purpose:
Annexation of City owned property
Location:
Court Street extended
Size:
4.45 acres
Existing land use and zoning:
Street construction underway,
Surrounding land use and zoning:
North: Vacant, County RS
East: Vacant, RS-5, RS-8;
South: Residential, RS-5, Park,
West: Residential, RS-5.
P;
Comprehensive Plan:
Court Street is a component of the
City's arterial street plan. Ultimately,
Court Street is to extend east to Taft
Avenue. The extension of the arterial
street within the limits of the
proposed annexation has been
prioritized in the Capital
Improvements Program and
construction is underway. The
developer of Windsor Ridge is
responsible for extending the arterial
street from the east end of the
current annexation area to Taft
Avenue.
Applicable Code requirements:
14-61, Public Zone (P)
File date: August 20, 1998
2
BACKGROUND INFORMATION:
The City has recently acquired the right-of-way and has begun grading for the construction of
Court Street east of its current terminus near Scott Boulevard. Construction activities are
scheduled to be completed this fall. The property acquired to complete this project is currently
outside the corporate limits, although it is bordered on three sides by property within the City.
This application is intended to result in the annexation of this property and the designation of
the appropriate zoning classifications for the property.
View of grading activities for Court Street extension, looking east.
ANALYSIS:
Annexation of the recently acquired property is in the City's best interest due to the investment
in infrastructure that is being made on the property. In addition, staff feels that it is good policy
to annex land owned and controlled by the City whenever possible. Annexation will help ensure
that the number and location of access points along this stretch of the roadway meet City
standards.
The property to the north of this right-of-way will remain in the County until such time that the
property owner requests voluntary annexation of the property and that annexation is approved
by the City. While it is possible that this property could be developed in the County at an RS,
Suburban Residential, density (one lot per acre), this is not likely to be feasible from an
economic standpoint. Any development that occurs within the growth area prior to annexation
would still need to meet City design standards in terms of infrastructure. Both water and sewer
lines and pdvate water and waste water systems would need to be installed. The water and
sewer lines would be installed and capped for use at a later date upon annexation of the
property, as these services are only available to properties located within the corporate limits. It
is likely that development on this property will only occur upon annexation.
When property is annexed it is necessary to establish its appropriate zoning classification(s).
The western 683 feet of this right-of-way is bordered on the south by residential development
zoned RS-5, Low Density Single-Family Residential. Although the right-of-way is not
developable for residential uses, it would be appropriate to zone this area RS-5 at this time.
3
When a right-of-way defines the corporate limits the adjacent zoning should be extended to
include the right-of-way. The balance of the property is adjacent to the northeast end of Scott
Park, which is zoned Public (P). It would be appropriate to zone this portion of the property P. In
fact, the east end of the annexation area includes more property than needed for the roadway
and this property could be incorporated into the park.
STAFF RECOMMENDATION:
Staff recommends that ANN98-0004/REZ98-0015, a City-initiated application to annex
approximately 4.45 acres of property acquired for the construction of Court Street east of Scott
Boulevard, and to rezone this property to RS-5 and P, be approved.
ATrACHMENTS
1, Location Map.
2. Right-of-way acquisition plat.
Approved by:
R~S~anner
Department of Planning &
Community Development
ppdadmin~stfrep~court. doc
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S':I/ON (::INY
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 3rd day of November,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance changing the zoning
designation of approximately 10 acres from
Low Density Single-Family Residential (RS-5) to
Planned Development Housing Overlay (OPDH-
5), for property located at Wellington Drive and
Village Road.
2. A resolution approving the annexation
of a 4.45 acre tract, occupied by the Court
Street right-of-way, for property located at the
eas~minus of Court Street.
An ordinance cha~gin~ the zorr;ing
des,gnation of a 4.45 acre t act rom Subu ban
Residential (County RS), to Low Density Single-
Family Residential (RS-5) and Public (P) for
property located at the east terminus of Court
Street.
4. A resolution approving the annexation
of a 19.81 acre tract located at the southeast
corner of Scott Boulevard and American Legion
Road.
5. An ordinance changing the zoning
designation of 21.53 acres from Low Density
Single-Family Residential (RS-5), County A-l,
Rural, and County CH, Highway Commercial,
to Planned Development Housing Overlay
(OPDH-12), located at the southeast corner of
Scott Boulevard and American Legion Road.
Copies of the proposed resolution 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.
MARlAN K. KARR, CITY CLERK
ppdadrnieVnph-1103.doc
6c
Prepared by: Scott Kugler, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING
CHAPTER BY CHANGING THE USE
REGULATIONS OF APPROXIMATELY
4.45 ACRES OF PROPERTY LOCATED
EAST OF THE CURRENT TERMINUS
OF COURT STREET FROM COUNTY
RS, SUBURBAN RESIDENTIAL, TO
RS-5, LOW DENSITY SINGLE-FAMILY
RESIDENTIAL, AND P, PUBLIC.
WHEREAS, the City of Iowa City has
acquired approximately 4.45 acres of property
located east of the current terminus of Court
Street to serve as public right-of-way for the
extension of said Court Street; and
WHEREAS, the City has annexed the 4.45
acre tract into the City of Iowa City, Iowa; and
WHEREAS, upon annexation City must
establish appropriate zoning on the subject
property; and
WHEREAS, although no private development
may occur within the right-of-way property, it has
been determined that the zoning classifications of
adjacent properties shall be used to determine the
appropriate classification for the subject right-of-
way.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. Property described
below is hereby reclassified as follows:
A. The following property is reclassified from
its current designation of County RS, Suburban
Residential to RS-5, Low Density Single-Family
Residential:
The West 683.17 feet of the following
described property:
Beginning at the Southeast Corner of
the Southwest Quarter of Section 7,
Township 79 North, Range 5 West, of
the Fifth Principal Meridian; thence
N88o43'59"W, along the South Line of
said Southwest Quarter, 1036.36 feet;
thence S14o38'50"W, 2.38 feet, to the
Northeast Corner of Scott Boulevard
East, Part One, in accordance with the
plat thereof recorded in Plat Book 31, at
Page 131, of the records of the Johnson
Ordinance No.
Page 2
County Recorder's Office; thence
N88o53'21'~/, along the North Line of
said Scott Boulevard East, Part One, a
distance of 683.17 feet; thence
N00o39'55"W, along said North Line,
and the East Line of Scott Boulevard
East, Part Two, in accordance with the
plat thereof recorded in Plat Book 33, at
Page 225, of the Records of the
Johnson County Recorder's Office,
75.04 feet; thence S88o53'21"E, 9.02
feet; thence Northeasterly, 75.34 feet,
along a 1360.00 ,foot radius curve,
concave Northwesterly, whose 75.33
foot chord beam N89o31'26"E; thence
N87o56'13"E, 103.03 feet; thence
Northeasterly, 79.77 feet, along a
1440.00 foot radius curve, concave
Southeasterly, whose 79.76 foot chord
bears N89o31 '26"E, thence
S88o53'21 "E, 771.32 feet; thence
Northeasterly, 372.64 feet, along a
960.00 foot radius curve, concave
Northwesterly, whose 370.30 foot chord
beam N79°59'27"E; thence
N68o52'14"E, 114.88 feet; thence
Northeasterly, 203.49 feet, along a
1040.00 foot radius curve, concave
Southeasterly, whose 203.16 foot chord
bears N74o28'33"E; thence
N80o04'52"E, 14.62 feet, to a Point on
the East Line of said Southwest Quarter
of Section 7; thence S00o05'18"E, along
said East Line, 261.42 feet, to the Point
of Beginning
B. The following property is hereby
reclassified from its present classification of
County RS, Suburban Residential, to P, Public:
Beginning at the Southeast Corner of
the Southwest Quarter of Section 7,
Township 79 North, Range 5 West, of
the Fifth Principal Meridian; thence
N88o43'59"W, along the South Line of
said Southwest Quarter, 1036.36 feet;
thence S14o38'50'W, 2.38 feet, to the
Northeast Corner of Scott Boulevard
East, Part One, in accordance with the
plat thereof recorded in Plat Book 31, at
Page 131, of the records of the Johnson
County Recorder's Office; thence
N88o53'21"W, along the North Line of
said Scott Boulevard East, Part One, a
distance of 683.17 feet; thence
N00o39'55"W, along said North Line,
and the East Line of Scott Boulevard
East, Part Two, in accordance with the
plat thereof recorded in Plat Book 33, at
Ordinance No.
Page 3
Page 225, of the Records of the
Johnson County Recorder's Office,
75.04 feet; thence S88o53'21"E, 9.02
feet; thence Northeasterly, 75.34 feet,
along a 1360.00 foot radius curve,
concave Northwesterly, whose 75.33
foot chord bears N89o31'26"E; thence
N87o56'13"E, 103.03 feet; thence
Northeasterly, 79.77 feet, along a
1440.00 foot radius curve, concave
Southeasterly, whose 79.76 foot chord
bears N89°31 '26"E, thence
S88o53'21 "E, 771.32 feet; thence
Northeasterly, 372.64 feet, along a
960.00 foot radius curve, concave
Northwesterly, whose 370.30 foot chord
bears N79o59'27"E; thence
N68o52'14"E, 114.88 feet; thence
Northeasterly, 203.49 feet, along a
1040.00 foot radius curve, concave
Southeasterly, whose 203.16 foot chord
bears N74o28'33"E; thence
NS0o04'52"E, 14.62 feet, to a Point on
the East Line of said Southwest Quarter
of Section 7; thence S00o05'18"E, along
said East Line, 261.42 feet, to the Point
of Beginning. Excepting, therefrom, the
west 683.17 feet of the above described
property.
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 final
passage, approval, and publication of this
ordinance as provided by law.
SECTION III. CERTIFICATION AND
RECORDING. The City Clerk is hereby authorized
and directed to certify a copy of this Ordinance
which shall be recorded at the Office of the
County Recorder of Johnson County, Iowa, upon
final passage and publication as provided by law.
SECTION IV. REPEALER. All ordinances
and parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
Ordinance No.
Page 4
SECTION Vl. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of
,1998.
MAYOR
ATTEST:
CITY CLERK
--~:£'~:.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 3'd day of November,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance changing the zoning
designation of approximately 10 acres from
Low Density Single-Family Residential (RS-5) to
Planned Development Housing Overlay (OPDH-
5), for property located at Wellington Drive and
Village Road.
2. A resolution approving the annexation
of a 4.45 acre tract, Occupied by the Court
Street right-of-way, for property located at the
east terminus of Court Street.
3. An ordinance changing the zoning
designation of a 4.45 acre tract from Suburban
Residential (County RS), to Low Density Single-
Family Residential (RS-5) and Public (P) for
property located at the east terminus of Court
corner of Scott Boulevard and American Legion
~, An ordinance changing the zoning
designation of 21.53 acres from Low Density
Single-Family Residential (RS-5), County A-l,
Rural, and County CH, Highway Commercial,
to Planned Development Housing Overlay
(OPDH-12), located at the southeast corner of
Scott Boulevard and American Legion Road.
Copies of the proposed resolution 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.
MARlAN K. KARR, CITY CLERK
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 3rd day of November,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance changing the zoning
designation of approximately 10 acres from
Low Density Single-Family Residential '(RS-5) to
Planned Development Housing Overlay (OPDH-
5), for property located at Wellington Drive and
Village Road.
2. A resolution approving the annexation
of a 4.45 acre tract, occupied by the Court
Street right-of-way, for property located at the
east terminus of Court Street.
3. An ordinance changing the zoning
designation of a 4.45 acre tract from Suburban
Residential (County RS), to Low Density Single-
Family Residential (RS-5) and Public (P)' for
property located at the east terminus of Court
Street.
4. A resolution approving the annexation
of a 19.81 acre tract located at the southeast
corner of'Scott Boulevard and American Legion
R°~An ordinance changing the zoning
designation of 21.53 acres from Low Density
Single-Family Residential (RS-5), County A-l,
Rural, and County CH, Highway Commercial,
to Planned Development Housing Overlay
(OPDH-12), located at the southeast corner of
Scott Boulevard and American Legion Road.
Copies of the proposed resolution 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.
MARlAN K. KARR, CITY CLERK
City of Iowa City
MEMORANDUM
11-03-98
6d
Date: October 29, 1998
To: City Council
From: Robert Miklo, Senior Planner
Re: ANN98-0002 / REZ98-0004: Silvercrest Annexation and Rezoning
At the time the Planning and Zoning Commission made their recommendation regarding the
Silvercrest annexation and rezoning, there were two unresolved issues:
The applicant was in the process of making minor design revisions to the
buildings so the Planning and Zoning Commission recommended approval
subject to staff approval of the revised elevations. Revised elevations have
been submitted and have been approved by staff. The revised buildings
generally conform to the drawings attached to the staff report.
The Commission recommended approval subject to agreements and easements
for the provision of sanitary sewer service. The required agreements and
easements have not been finalized at this time. Therefore Council should not
vote on the resolution to annex the property or hold first consideration on the
rezoning until the sanitary sewer agreements and easements are completed.
/ l/z/Y
no
To: Planning & Zoning Commission
Item: ANN98-0002 & REZ98-0004.
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:
SPECIAL INFORMATION:
Public utilities:
Public services:
Transportation:
STAFF REPORT
Prepared by: Robert Miklo
Date: August 20, 1998
Dial Companies
11506 Nicholas St. #200
Omaha, NE 68154
Merlin Lawrence
Annexation from RS-5 and County C and RS to
OPDH-12
To allow development of a housing for elderly, a
medical office building and a medical rehabilitation
center
Southeast corner of Scott Boulevard and American
Legion Road
21.53 acres
Rezoning from RS-5 to OPDH-12 1.72 acres
Rezoning from County C and RS to OPDH-12
19.81 acres
Agricultural - RS-5, County CH and RS
North: Residential & Agricultural County RS;
East: Religious Institution, County RS
South: Manufactured Housing Park, County RMH
West: Residential, RS-5
Intersections such as this are appropriate locations
for mixed uses and medium density residential
development.
July 30, 1998
September 13, 1998
City water service is available for this property.
Sanitary sewer service is currently not available.
There are three alternative routes that may be
constructed to provide sanitary sewer service to
this site (see sanitary sewer service discussion in
the body of staff report).
Police and fire will be provided by the City.
The nearest bus route is the Towncrest route,
which passes through the intersection of Village
Green Boulevard and Muscatine Avenue,
approximately ¼ mile west of this property.
Sensitive Areas Ordinance:
BACKGROUND INFORMATION:
The sensitive areas inventory map indicates hydric
soils in the southeast portion of the property where
the storm water detention facility is proposed
provided that the applicant is able to demonstrate
that there are no wetlands associated with the
hydric soils. A Sensitive Areas Site Plan, which will
be reviewed and approved by staff, will be required.
Dial Companies of Omaha, Nebraska has asked that the City annex 19.81 acres of property
located in Johnson County and rezone it as well as 1.72 acres currently within the city to
OPDH-12 to allow a multi-building elderly housing and medical office facility. The proposal
includes a 68 dwelling assisted living building, a 120-unit independent living apartment building,
a 60-bed medical rehabilitation facility, and a 9000 square foot medical office building.
The proposed annexation and rezoning will be reviewed for compliance with the
Comprehensive Plan, adequacy of utilities and design of the development within the existing
and anticipated neighborhood.
Staff has not completed review of a revised plan which was submitted on August 26. Any
deficiencies or discrepancies identified in the plan should be corrected before the Commission
votes on the application.
ANALYSIS:
Annexation. The City's annexation policy is addressed in the Comprehensive Plan on
Pages 15 and 16. The policy indicates that there are three conditions that should be considered
when requests for annexation are submitted to the City. How these policies relate to this
particular request are discussed below:
The area under consideration falls within the adopted long-range planning boundary. The
property is well within the long-range planning boundary which extends approximately one mile
to the east.
Development in the area proposed for annexation will fulfill an identified need without imposing
an undue financial burden on the City. The City has an identified need for housing for the
elderly. This proposal with a combination of the rehabilitation center, assisted living units, and
independent living apartments for the elderly will help address this need. The City may be
required to financially support development of this property by improving the sanitary sewer
system. These potential improvements are discussed below. The City will need to determine
whether this financial support is reasonable for the benefits obtained.
Control of development is in the City's best interest. Given that this property is immediately
adjacent to existing residential developments within the city, and will use City-financed
infrastructure such as Scott Boulevard, staff believes it is in the best interest for the City to
control the land uses and design of development in this location.
Staff believes that if issues regarding the provision of sanitary sewer service can be resolved,
this development will comply with the City's annexation policy.
Rezoning. The Comprehensive Plan indicates that medium density multi-family buildings are
appropriate at the intersections of collector and arterial streets or at the intersection of two
arterial streets. Both American Legion Road and Scott Boulevard are considered arterial streets
so this property is well situated for medium density development. The neighborhood concepts
within the Comprehensive Plan indicate that multi-family buildings should not be concentrated in
large developments but should be scattered throughout neighborhoods. Given the size of this
proposed development it would not appear to comply with this policy. However, given that the
proposed development is intended to provide housing and services for an elderly population in a
campus-like setting, a development of this nature may be appropriate, whereas a large
apartment complex that did not include a variety of housing types might not otherwise be
appropriate in this location.
The OPDH provisions of the zoning ordinance allow for the introduction of commercial uses into
planned developments. Although this provision has been in the zoning ordinance for a number
of years, it has not been used in past developments. In this case the medical office facilities and
rehabilitation center might serve some of the residents of the adjacent elderly housing.
However, it is likely that patients from outside this development and this immediate
neighborhood would be served by the proposed medical office building and rehabilitation center.
Therefore, traffic is likely to be drawn into the area that otherwise might not occur in this
location. Because Scott Boulevard and American Legion Road are both arterials. There is
sufficient capacity for a medical office building and rehabilitation center at this location. Staff
believes that it is an appropriate mix to encourage within an OPDH plan of this sort, provided
that it is designed to be compatible with the residential character of this property and the
adjacent neighborhood. The design of the OPDH plan is discussed below.
Sanitary Sewer Service. Sanitary sewer service is currently not available for this property.
There are three alternative routes that the applicant and the Public Works Department are
discussing. Each of these routes relies on a third party property owner who must agree to
participate. One of these routes would require that the City build a sanitary sewer line along the
east side of this property and through property owned by the Prybils. The City would then be
reimbursed for the expense of this route as properties develop and add on to the new line.
When compared to the alternatives this route may be the most advantageous for the City in
terms of providing sanitary sewer service to a larger area. It would, however, require that the
City commit to spending approximately $275,000 to $300,000 to construct the line. Although the
City would be reimbursed for these funds through tap-on fees, it may be a number of years
before the funds are recouped. The City must determine whether the expense of constructing
this line constitutes an undue burden according to the Comprehensive Plan's annexation policy.
The second alternative route requires the upgrade of a line through the Village Green
development. This would require the consent of the property owners of Village Green. The
applicant is currently negotiating for easements on the Village Green property. This route would
require that the City invest approximately $30,000 for the cost of oversized lines for the
improvements that will eventually be necessary regardless of this development.
A third route would require the applicant construct a sanitary sewer line down Scott Boulevard
to the Village Green South development. This would also require that the applicant obtain an
easement from the owners of Village Green South. The applicant has indicated that an
agreement has been successfully negotiated. The City would not share the expense for this
route, but it would provide the least benefit in terms of acres served.
It appears that at least one of these alternative routes can be used to establish sanitary sewer
service to this property. The rezoning of the property should be subject to selection of a route
which is satisfactory to the City. Then conditional zoning agreement would indicate that building
permits could not be issued until the sewer issue was resolved.
Neighborhood Open Space: The Parks & Recreation Commission has been asked to review
this proposed development to determine whether neighborhood open space should be
dedicated or fees should be paid in lieu of open space. Given its location on the edge of a newly
developing neighborhood, it would appear that it would be more appropriate for fees to be paid
so that neighborhood open space could be acquired in a more central location that could serve
a larger area. Considerable private open space will be provided on the site to serve the
occupants of this development. However, it will not be available for the general public. The
recommendation of the Parks and Recreation Commission should be available prior to the
Planning and Zoning Commission vote on this application.
Storm Water Management: A wet bottom storm water storage facility is proposed in the
southeast corner of the property. This basin is over one acre in size and provides the
opportunity for an aesthetic amenity for the property. Portions of the property drain to the east.
The property will be graded to direct runoff to the basin.
OPDH Plan: As discussed above, staff believes that this may be an appropriate location for
elderly housing and a medical office facility provided that the design is compatible with the
neighborhood.
Elevation drawings have been submitted indicating that the four buildings proposed will be of
masonry construction. The medical office and rehabilitation center will be one story in height.
The assisted living and independent living facilities will be three stories in height. Although the
rehabilitation facility, independent living and assisted living buildings are quite large, they are
divided into a number of wings and contain features such as bay windows and balconies that
will lessen the appearance of mass. Given the placement of the one and two story buildings
adjacent to existing development and the generous set back of the taller building, the design
and scale of the buildings appears to be compatible with the adjacent neighborhoods.
The parking spaces have been distributed into four parking areas which are generally located
adjacent to the primary entrance of each building. Sixty one indoor parking spaces are
proposed in the independent living building. Many of the parking spaces are located behind the
proposed medical office building. This will help the project to present a good appearance from
Scott Boulevard and will help make it compatible with the neighborhood. The plan depicts that a
portion of the parking area for the assisted living building will be located in the 40 foot set back
required along Scott Boulevard. The zoning code generally prohibits parking in the front yard.
The OPDH provisions would allow the waiver of this requirement. Given the topography in this
location and because the parking area will be screened by a retaining wall, this appears to be a
reasonable waiver.
STAFF RECOMMENDATION:
Staff recommends that consideration of the annexation of 19.81 acres and rezoning from RS-5
(1.72 acres) and CH and RS to OPDH-12 be approved subject to correction of any deficiencies
and discrepancies identified on the revised plan and subject to 1 ) agreements and easements
for the provision of sanitary sever service and 2) substantial compliance with the OPDH plan
and elevation drawing which indicate the buildings will have a masonry exterior.
· ~
rank
lin, Director
Planning & Community Development
Attachments:
1. Location map
2. OPDH Plan
3. Building Elevations
ppdadm/stfrep/98004rm,doc
LOT 2
Preliminary Planned Development Plan
SilvercresL Resident, ial Community
Iowa City, Iowa
SmVERC]~ST
LOCATION MAP NOT TO SCALE
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RUG.28.1998 2:I~PM DIAL COMPANIES N0.134 P.~
Dial
Land Development
August 28, 1998
Merlin Lawrence, Vice President
1150e Prmhelas Street, Suite200
Omaha, Nebraska 68154-4401
PHONE (402)-493-2800
FAX (402)-493-m
Mr. Robed Miklo
City of Iowa City
Planning and Community Development
410 East Washington St.
lows City, Iowa 52240
Dear Mr. Miklo:
Silvercrest-Iowa City, L,P., a Nebraska limited partnership is applying for annexation
and preliminary development plan approval pertaining to a 20.87 acre MIL tract ground
located as captioned above.
We believe that this ground, which presently is rural ground located in Johnson County,
is contiguous to the eastern expansion of the dty of Iowa City and annexation would
benefit the City and its residents from both a tax basis and service standpoint. Our
proposed development is directly north and east of resident communities located within
the City. The development will consist of a rehabilitation canter, assisted living,
independent living and medical fadlilies for the senior citizens living in the area. It is our
belief that this community will not only attract current residents of Iowa City wishing to
relocate to a senior community, but will also attract people living in rural communities
throughout Iowa seeking proximity to the University Hospital facilities, as well as parents
of Iowe City residents wishing to locate near their children, These facilities will create
real estate tax revenue for the city, a medical clinic to service the surrounding
subdivisions, as well as an aesthetically attractive addition to both the neighborhood
and Iowa City. It is our further belief that this annexation and development will stimulate
future residential development in the area.
Sincerely,
Merlin Lawrence
Vice President
ML/tf
RUG.~.1998 2:13PM DIRL COIIPRNIES N0.~34 P.3
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AUG.28.1998 2:1~
COMPANIES a~
~ ~' N0.134 P.G
AU~.28.1998 2:I~PM
DIAL CO~°AHIES
NO.l~4
P.4
AU~.28.1998
2: 14PM
DIAL COM~IES
I~K).134 P.5
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I I
NOTICE OF PUBLIC DISCUSSIONS
Notice is hereby given that the City Council of
Iowa City will hold public discussions on both the
29th day of October, 1998, at 7:00 p.m. and the 3~
day of November, 1998 at 7:00 p.m. regarding the
proposed ballot language for the local sales tax
and the City Council's policy statement concerning
the local sales tax. Both hearings will be held in
the Civic Center Council Chambers, 410 E.
Washington Street, Iowa City, Iowa.
Persons interested in expressing their views
concerning this matter, either verbally or in writing,
will be given the opportunity to be heard at the
above-mentioned time and place.
MARlAN K. KARR, CITY CLERK
eleanor~salelxnp .doc