HomeMy WebLinkAbout1999-01-26 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 26~" day of January,
1999, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider an
ordinance conditionally changing the zoning
designation of approximately 61.8 acres
located south of Whispering Meadows Drive
from Medium Density Single-Family Residential
(RS-8) to Factory Built Housing Residential
(RFBH - 59.25 acres) and Low Density Multi-
Family Residential (RM-12 - 2.55 acres).
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
Prepared by: Scott G. Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY
CHANGING THE ZONING DESIGNATION OF
APPROXIMATELY 6t.8 ACRES LOCATED
SOUTH OF WHISPERING MEADOWS DRIVE
FROM MEDIUM DENSITY SINGLE-FAMILY
RESIDENTIAL (RS-8) TO FACTORY BUILT
HOUSING RESIDENTIAL (RFBH - 59.25
ACRES) AND LOW DENSITY MULTI-FAMILY
RESIDENTIAL (RM-12 - 2.55 ACRES).
WHEREAS, the Applicant, Lake Calvin
Properties, is legal titleholder of approximately
61.8 acres located south of Whispering
Meadows Drive, legally described below, and
WHEREAS, the Applicant has requested that
the City rezone approximately 61.8 acres
located south of Whispering Meadows Drive
from Medium Density Single-Family Residential
(RS-8) to Factory Built Housing Residential
(RFBH - 59.25 acres) and Low Density Multi-
Family Residential (RM-12 -2.55 acres)); and
WHEREAS, the current zoning designation
was established in 1994 when the subject
property was annexed into the City as part of a
244 acre parcel; and
WHEREAS, at the time of annexation and
rezoning, the applicant presented the overall
zoning plan for the 244 acre parcel as providing
a divetee mix of housing for this area of the city;
and
WHEREAS, in December, 1997, the City
adopted the South District Plan as a component
of the Comprehensive Plan; and
WHEREAS, the South District Plan contains a
number of policies and recommendations to
help guide future development within the South
Planning District which includes the subject
property; and
WHEREAS, the Applicant acknowledges that
certain conditions and restrictions are
reasonable to satisfy public needs directly
resulting from the requested rezoning and to
ensure the development of the subject property
in accordance with the policies and
recommendations of the South District Plan; and
Ordinance No.
Page 2
WHEREAS, the Applicant has agreed to
develop the property in accordance with the
terms and conditions of a Conditional Zoning
Agreement to satisfy public needs directly
resulting from the requested rezoning and to
ensure the development of the property in
accordance with the policies of the South District
Plan.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The following
described property is hereby conditionally
rezoned from its current designation of RS-8,
Medium Density Single Family Residential, to
RFBH, Factory Built Housing Residential, and
RM-12, Low Density Multi-Family Residential, as
follows:
a. The following property is hereby rezoned
from RS-8 to RFBH:
A tract of land in the west half of the
Northwest Quarter of Section 25, Township
79 North, Range 6 West of the Fifth
Principal Meridian, described as:
Beginning at the northwest comer of Section
25; thence N 88°21'05" E, 1244.42 feet
along the north line of Section 25 to the west
line of the existing RFBH zone; thence S
0°09'02'' E, 1618.31 feet along said west
line to the land zoned RR-1; thence S
76°51'50" W, 135.62 feet along the north
line of RR-1 zoned land; thence S 50055'36"
W, 231.50 feet along the north line of RR-1
zoned land; thence S 41054'27'' W, 388.36
feet along the north line of RR-1 zoned land;
thence S 32046'33" W, 34.39 feet; thence N
57°09'07" W, 191.44 feet; thence N
88°05'31" W. 298.02 feet; thence
southeasterly 395.23 feet along a 500.00
foot radius curve, concave northeasterly
with a central angle of 45°17'24" to a point
that lies S 28°28'49" E, 385.02 feet from the
previous described point; thence S
51°06'40"" E, 110.29 feet to the north line of
the land zoned RR-1; thence S 32046'33" W.
314.69 feet to a point on the south line of
the Northwest Quarter of Section 25; thence
S 88°50'25 .... W. 292.04 feet to the West
Quarter Comer of Section 25; thence N
0°08'49" W. 2641.60 feet to the Point of
Beginning. Said tract contains 59.25 Acres,
more or less.
b. The following property is hereby
rezoned from RS-8 to RM-12:
A tract of land in the west half of the
Northwest Quarter of Section 25, Township 79
North, Range 6 West of the Fifth Principal
Ordinance No.
Page 3
Meridian, described as:
Beginning at the northwest corner of Section
25;
thence S 0°08'49" E, 2641.60 feet to the
West Quarter Corner of Section 25; thence
N 88°50'25" E, 292.04 feet along the south
line of the Northwest Quarter of Section 25;
thence N 32°46'33" E, 314.69 feet along the
north line of the land zoned RR-1 to the
Point of Beginning of the described tract;
thence N 88°50'25" E, 292.04 feet along the
south line of the Northwest Quarter of
Section 25; thence S 0008'49'' E, 2641.60
feet to the West Quarter Comer of Section
25; thence N 51006'40" W, 110.29 feet;
thence northwesterly 395.23 feet along a
500.00 foot radius curve, concave
northeasterly, with a central angle of
45°17'24" to a point that lies N 28°28'49" W,
385.02 feet from the previous described
point; thence S 88°05'31" E, 298.02 feet;
thence S 57°09'07" E, 191.44 feet to the
north line of the land zoned RR-1; thence S
32°46'33" W. 349.56 feet to the Point of
Beginning. Said tract contains 2.55 Acres,
more or less.
SECTION II. ZONING MAP. Upon final
passage, approval and publication of this
ordinance as provided by law, the Building
Official is hereby authorized and directed to
change the zoning map of the City of Iowa City,
Iowa, to conform to this conditional zoning
change.
SECTION III. CONDITIONAL ZONING
AGREEMENT, Following final passage and
approval of this ordinance, the Mayor is hereby
authorized and directed to sign, and the City
Clerk to attest, the Conditional Zoning
Agreement between the applicant and the City.
SECTION IV. CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
ordinance and the Conditional Zoning
Agreement which shall be recorded by the
owner at the office of the County Recorder of
Johnson County, Iowa, upon final passage and
publication as provided by law.
SECTION V. REPEALER. All ordinances
and parts of ordinances in conflict with the
provision of this ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any
section, provision or part of this ordinance shall
be adjudged to be invalid or unconstitutional,
such adjudication shall not affect the validity of
the ordinance as a whole or any section,
provision or part thereof not adjudged invalid or
unconstitutional.
Ordinance No.
Page 4
SECTION VII. EFFECTIVE DATE. This
ordinance shall be in effect after its final
passage, approval and publication, as required
by law.
Passed and approved this day of
,1999.
MAYOR
ATTEST:
CITY CLERK
ptx:ladmin~ord~whisper.doc
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter 'the City'l, and Lake Calvin Properties (hereinafter '/~,pplicant'}.
WHEREAS, the Applicant, Lake Calvin Properties, is legal titleholder of approximately 61.8
acres located south of Whispering Meadows Drive, legally described below, and
WHEREAS, the Applicant has requested that the City rezone approximately 61.8 acres
located south of Whispering Meadows Drive from Medium Density Single-Family
Residential (RS-8) to Factory Built Housing Residential (RFBH - 59.25 acres) and Low
Density Multi-Family Residential (RM-12 - 2.55 acres)); and
WHEREAS, the current zoning designation was established in 1994 when the subject
property was annexed into the City as part of a 244 acre parcel; and
WHEREAS, at the time of annexation and rezoning, the applicant presented the overall
zoning plan for the 244 acre parcel as providing a diverse mix of housing for this area of
the city; and
WHEREAS, in December, 1997, the City adopted the South District Plan as a component
of the Comprehensive Plan; and
WHEREAS, the South District Plan contains a number of policies and recommendations to
help guide future development within the South Planning District which includes the
subject property; and
WHEREAS, the Applicant acknowledges that certain conditions and restrictions are
reasonable and appropriate to satisfy public needs directly caused by the requested
rezoning and to ensure the development of the subject property in accordance with the
policies and recommendations of the South District Plan; and
WHEREAS, the Applicant has voluntarily agreed to develop the property in accordance
with the terms and conditions of a Conditional Zoning Agreement to satisfy public needs
directly caused by the requested rezoning and to ensure the development of the property in
accordance with the policies of the South District Plan.
NOW, THEREFORE, in consideration of mutual promises made herein, the Parties agree as
follows:
1. The Applicant is legal title holder of approximately 61.8 acres of property located south
of Whispering Meadows Drive, which property is more particularly described as follows:
RFBH Parcel:
A tract of land in the west half of the Northwest Quarter of Section 25, Township 79
North, Range 6 West of the Fifth Principal Meridian, described as:
Beginning at the northwest corner of Section 25;
thence N 88°21 '05" E, 1244.42 feet along the north line of Section 25 to the west line
of the existing RFBH zone;
thence S 0009'02" E, 1618.31 feet along said west line to the land zoned RR-1;
thence S 76°51 '50" W, 135.62 feet along the north line of RR-1 zoned land;
thence S 50055'36" W, 231.50 feet along the north line of RR-1 zoned land;
thence S 41 °54'27" W, 388.36 feet along the north line of RR-1 zoned land;
thence S 32°46'33" W, 34.39 feet;
thence N 57o09'07" W, 191.44 feet;
thence N 88°05'31" W. 298.02 feet;
thence southeasterly 395.23 feet along a 500.00 foot radius curve, concave northeasterly
with a central angle of 45o17'24" to a point that lies S 28o28'49" E, 385.02 feet from
the previous described point;
thence S 51 °06'40 .... E, 110.29 feet to the north line of the land zoned RR-1;
thence S 32046'33" W. 314.69 feet to a point on the south line of the Northwest
Quarter of Section 25;
thence S 88°50'25 .... W. 292.04 feet to the West Quarter Corner of Section 25;
thence N 0008'49" W. 2641.60 feet to the Point of Beginning.
Said tract contains 59.25 Acres, more or less.
RM-12 Parcel:
A tract of land in the west half of the Northwest Quarter of Section 25, Township 79
North, Range 6 West of the Fifth Principal Meridian, described as:
Beginning at the northwest corner of Section 25;
thence S 0°08'49" E, 2641.60 feet to the West Quarter Corner of Section 25;
thence N 88050'25" E, 292.04 feet along the south line of the Northwest Quarter of
Section 25;
thence N 32046'33" E, 314.69 feet along the north line of the land zoned RR-1 to the
Point of Beginning of the described tract;
thence N 88o50'25" E, 292.04 feet along the south line of the Northwest Quarter of
Section 25;
thence S 0o08'49'' E, 2641.60 feet to the West Quarter Comer of Section 25;
thence N 51 °06'40" W, 110.29 feet;
thence northwesterly 395.23 feet along a 500.00 foot radius curve, concave
northeasterly, with a central angle of 45017'24" to a point that lies N 28028'49'' W,
385.02 feet from the previous described point;
thence S 88°05'31" E, 298.02 feet;
thence S 57o09'07'' E, 191.44 feet to the north line of the land zoned RR-1;
thence S 32o46'33'' W. 349.56 feet to the Point of Beginning.
Said tract contains 2.55 Acres, more or less.
Applicant acknowledges that the City wishes to satisfy public needs directly caused by
the requested rezoning and to ensure the development of the property in accordance
with the policies of the South District Plan. Finding such objectives reasonable and
appropriate, Applicant agrees to certain conditions over and above existing City
regulations in order to achieve the following specific aims of the South District Plan:
an interconnected street pattern within the neighborhood; street standards that are
compatible with existing or future city streets on adjacent properties; an adequate trail
system within the development with connections to the regional trail system planned
for this neighborhood; appropriate locations and setbacks for garages; the use of alleys
in areas deemed appropriate; a mix of housing types within the neighborhood; and to
ensure that conditions and requirements from previous conditional zoning agreements
are adhered to.
In consideration of the City' s rezoning the subject property from RS-8 to RFBH and
RM-12, and to satisfy public needs directly caused by the requested rezoning, the
Applicant agrees that development of the subject property will conform to all of the
requirements of the respective zone, as well as the following additional conditions:
There shall be an interconnected street pattern within the development. Both the
public and private street system developed on the property shall provide an
adequate degree of connectivity within the development and to adjacent properties,
as determined by the City, in general conformance with Exhibit '~," attached hereto
and incorporated herein by this reference.
Collector streets that connect to adjacent properties or to the arterial street system
shall be public streets that meet the City' s standards for collector streets. Private
streets shall meet city standards established for manufactured housing parks and
shall have a cross-section similar ~o that illustrated on Exhibit 'B" attached hereto
and incorporated herein by this reference.
Provisions for the connection of the proposed trail system to the planned regional
trail to the west shall be incorporated into the development. Previous requirements
for the development of trails within the wetland conservation area and adjacent to
the east property line of the subject property shall not be altered by this agreement.
There shall be one or more connection(s) between the subject development and the
required trail located immediately east of the subject property. Said trail system
and connections shall be in general conformance with Exhibit '~," attached hereto
and incorporated herein by this reference.
In order to mitigate the potential impact of garages and vehicle parking areas on
safety and visual compatibility, the following garage setback and location
regulations shall be required above and beyond those required by the Zoning
Chapter.
At least 70% of the dwellings located along any block within the
development, shall meet the following garage setback parameters (as
illustrated on Exhibit C attached hereto and incorporated herein by this
reference): a) structures in which the garage width is greater than 50
percent of the total width of the structure shall be developed with garages
that are set back at least 15 feet from the front plane of the residential
component of the principle structure on the lot; b) structures in which the
garage width is equal to or less than 50 percent of the total width of the
structure shall be developed with garages that are flush with or set back
from the front plane of the residential component of the principle structure
on the lot. Where garage doors do not face the public or private street,
they shall be considered to be in compliance with the above setback
parameters for the purpose of enforcement of this provision. It shall be the
Applicant' s responsibility to provide the necessary information at the time of
any permit application to demonstrate compliance with this provision.
Garages containing three or more stalls shall be permitted only when they
are accessed by an alley or rear lane and the garage doors do not face the
public or private street.
Alleys shall be provided and utilized for vehicular access behind all lots that front on
city collector streets, except as explicitly waived in writing by the City, and shall be
permitted in other areas where reasonable and functional. Alleys shall be located in
general conformance with those shown on Exhibit '~," attached hereto in
incorporated herein by this reference.
f. The gross density of the RFBH parcel shall not exceed that permitted in the City' s
RS-8, Medium Density Single-Family Residential zone.
Development of the 2.55 acre RM-12 parcel shall be subject to the review and
approval of the development plan and building elevations, such as shown on the
concept drawings contained in Exhibit 'D" attached hereto, by the Director of the
Iowa City Department of Planning and Community Development prior to the
issuance of a building permit. The development of the RM-12 parcel shall be limited
to no more than 16 dwelling units.
h. All conditions and requirements specified in the February 15, 1994 Conditional
Zoning Agreement not otherwise altered by this agreement shall be adhered to.
The Parties acknowledge that the conditions contained herein are reasonable and
appropriate conditions to impose on the land under Iowa Code §414.5 (1997), are
appropriate conditions to satisfy public needs directly caused by the subject rezoning,
and are required to protect the public safety of both the residents in the area and the
community. Further, notwithstanding the provisions of Iowa Code §§414.28 and
41 4.28A, the parties specifically acknowledge and agree that the foregoing conditions
are reasonable and appropriate and are not based solely on the fact that the proposed
structures within the RFBH parcel are manufactured homes, and the applicant
specifically waives any claims or assertions that the foregoing conditions are in
contravention of Iowa law.
The Applicant acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a restrictive covenant running with the land and with title to the land, and shall remain
in full force and effect as a restrictive covenant running with the title to the land,
unless or until released of record by 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.
7. Nothing in this Agreement shall be construed to relieve the Applicant from complying
with all applicable, local, state and federal regulations.
8. The Parties agree that the Iowa City City Clerk shall record this Conditional Zoning
Agreement in the Johnson County Recorder' s Office at Applicant' s expense.
Dated this day of , 1999.
LAKE CALVIN PROPERTIES
CITY OF IOWA CITY
By:
By:
Ernest W. Lehman, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
-2,"--79
STATE OF IOWA
JOHNSON COUNTY
On this 2~ay of
and for the State
)
) ss:
)
~'L'~.~,,~.~.~ , 19~t% before me, the undersigned, a Notary Public in
of Iowa, per~nally appeared ~-,-.,-_.s q'~,. ~'~\\~c , to me
personally known, who being by me duly sworn, did say that the person is one of the
partners of Lake Calvin Properties, an Iowa General Partnership, and that the instrument was
signed on behalf of the partnership by authority of the partners; and the partner(s)
acknowledged the execution of the instrument to be the voluntary act and deed of the
partnership by it and by the partner(s) voluntarily executed. ~
~n ~nd for the State of Iowa
STATE OF ~ )
) ss:
~L[ ~ [( ~' COUNTY )
On this ZZ day of ,~lF1ti~ry , 19. c1~ before me, the .nder~igned, a Notary Public in
and for the State of [~L~n,]qyl~'~r?i~ , personally appeared ~'ftl.>~d ~/jFI~f ,
to me personally known, who being by me duly sworn, did say that the person is one of the
partners of Lake Calvin Properties, an Iowa General Partnership, and that the instrument was
signed on behalf of the partnership by authority of the pa~ners; and the partner(s)
acknowledgad the execution of the instrument to be the voluntary act and deed of the
partnership by it and by the partner(s) voluntarily executed.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Notar ic in and for the State of
NOTARIAL SEAL
JAMIE L. MOSCUFO, Notary Public
Langhorne Boro, Bucks County
My Commission Expires Dec. 17, 2001
On this day of , 19 , before me,
, a Notary Public in and for the State of Iowa, personally
appeared Ernest W. Lehman and Marian 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) (Resolution) No.
passed by the City Council, on the day of , 19 , and
that Ernest W. Lehman 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.
ppdadm/agUlkcalvn2 .doc
Notary Public in and for the State of Iowa
My commission expires:
//
EXHIBIT "A"
:
EXHIBIT "C"
GARAGE SETBACK REQUIREMENTS
a. Structures in which the garage width is greater than 50 percent of the total
width of the structure shall be developed with garages that are set back at least
15 feet frpm the front plane of the residential component of the principal
structure on the lot.
b. Structures in which the garage width is equal to or less than 50 percent of the
total width of the structure shall be developed with garages that are flush with or
set back from the front plane of the residential component of the principal structure
on the lot.
~
EXHIBIT "D"
~COle~ I" = 5C~'
#
I
Prepared b Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMEN is made by and between the City of Iowa
Corporation (herelf fter 'the City'), and Lake Calvin Properties
Iowa, a Municipal
',~,pplicant').
WHEREAS, the A ..ant, Lake Calvin Properties, is le
acres located south Whispering Meadows Drive,
titleholder of approximately 61.8
described below, and
WHEREAS, the A
located south of
Residential (RS-8) to
Density Multi-Family
has requested that
;pering Meadows
tory Built Housin
(RM-12
City rezone approximately 61.8 acres
from Medium Density Single-Family
(RFBH - 59.25 acres) and Low
acres)); and
WHEREAS, the current ng designa was established in 1994 when the subject
property was annexed into City as rt of a 244 acre parcel; and
WHEREAS, at the time of
zoning plan for the 244 acre
the city; and
and rezoning, the applicant presented the overall
providing a diverse mix of housing for this area of
WHEREAS, in December, 1
of the Comprehensive Plan;
City adopted the South District Plan as a component
WHEREAS, the South Distri~
help guide future develo
subject property; and
with
ltains a number of policies and recommendations to
the South Planning District which includes the
WHEREAS, the Appl acknowled
reasonable and app to satisfy
rezoning and to en the development
policies and s of the South
that certain conditions and restrictions are
needs directly caused by the requested
the subject property in accordance with the
~istrict Plan; and
WHEREAS, th, Applicant has voluntarily .ed to develop the property in accordance
with the and conditions of a ~ Zoning Agreement to satisfy public needs
directly cau by the requested rezoning and to ensure the development of the property in
accordanc ~ the policies of the South District Plan.
NOW, 'E EF )RE, in consideration of mutual pro ises made herein, the Parties agree as
licant is legal title holder of approximately 1 o8 acres of property located south
of h~spenng Meadows Dr~ve which prope art~cularly described as follows
RFBH Parcel:
A tract of land in the west half of the Northwest Quarter of Section 25, Township 79
North, Range 6 West of the Fifth Principal Meridian, described as:
Beginning at the northwest corner of Section 25;
thence N 88°21 ~" E, 1244.42 feet along the north line of Section 25 to the west line
of the existing
thence S 0°09'02''
thence S 76°51 '50"
thence S 50055'36" W,
thence S 41 °54'27" W,
thence S 32°46'33" W,
thence N 57009'07'' W, 191
thence N 88°05'31" W. 298.02
thence southeasterly 395.23 feet
with a central angle of 45017'24"
the previous described point;
thence S 51°06'40 .... E, 110.29 fee
thence S 32046'33'' W. 314.69
Quarter of Section 25;
thence S 88°50'25 .... W. 2!
thence N 0°08'49'' W.
Said tract contains 5,<
RM-12 Parcel:
A tract of
North, Range
Beginning
thence
:BH zone;
1618.31 feet along said west line to the land zoned
135.62 feet along the north line of RR-1
31 .50 feet along the north line of RR-
.36 feet along the north line o:
feet;
feet;
land;
~ned land;
zoned land;
tO 8
foot radius curve, concave northeasterly
~int that lies S 28o28'49" E, 385.02 feet from
e north line of the land zoned RR-1;
int on the south line of the Northwest
feet to the
.60 feet to the
Acres, more or less.
~st Quarter Corner of Section 25;
~f Beginning.
the west half of the Northwest
West of the Fifth Principal Meridian,
of Section 25, Township 79
ed as:
northwest corner of Section 25;
SE
thence N 32°46'33'' E, 314.69 feet along the north line of the land zoned RR-1 to the
Point of Beginning of the described tract;
0°08'49'' E, 2641.60 feet to the West Quarter Corn, ~Section 25;
N 88o50'25" E, 292.04 feet along the south line of the Northwest Quarter of
25;
2
thence N 88o50'25" E, 292.04 feet along the south line of the Northwest Quarter of
Section 25;
thence S 0o08'49'' E, 2641.60 feet to the West Quarter Comer of Section 25;
thence N 51 °06'~'~ W, 110.29 feet;
thence
northeasterly, with a
385.02 feet from the
thence S 88°05'31" E,
395.23 feet along a 500.00 foot radius curve, concave
angle of 45°17'24'' to a point that lies N 28o28'49" W,
described point;
',.02 feet;
thence S 57°09'07'' E, 191 4 feet to the north line of the land zoned ;
thence S 32°46'33'' W.
feet to the Point of Beginning.
Said tract contains 2.55 Acres, ore or less.
Applicant acknowledges that
the requested rezoning and to
with the policies of the South
appropriate, Applicant agrees
regulations in order to achieve
an interconnected street pattern
compatible with existing or future
system within the development with
for this neighborhood; appropriate Iocl
in areas deemed appropriate; a m~x
ensure that conditions and require
are adhered to.
City wishes to
the develo
~istrict Plan. Fir
certain cot
followin
public needs directly caused by
of the property in accordance
such objectives reasonable and
over and above existing City
aims of the South District Plan:
neighborhood; street standards that are
on adjacent properties; an adequate trail
ctions to the regional trail system planned
ans and setbacks for garages; the use of alleys
~ousing types within the neighborhood; and to
from previous conditional zoning agreements
In consideration of the City' rezoning
RM-12, and to satisfy publ needs
Applicant agrees that pment of the
requirements of the respe zone, as well
subject property from RS-8 to RFBH and
caused by the requested rezoning, the
Jbject property will conform to all of the
the following additional conditions:
There shall be an street
public and priva' street system develo
adequate de! connectivity within the
as determined the City, in general
and incorporal d herein by this reference.
,rn within the development. Both the
!d on the property shall provide an
velopment and to adjacent properties,
~nce with Exhibit '~,"attached hereto
Collector that connect to adjacent ies or to the arterial street system
shall be p streets that meet the City's stan~ for collector streets. Private
streets sl meet city standards established for ~anufactured housing parks and
shall ha' .. a cross-section similar to that illustrate~ on Exhibit 'B" attached hereto
and Dorated herein by this reference.
for the connection of the proposed trail s' ,m to the planned regional
trail to the west shall be incorporated into the development. Previous requirements
for the development of trails within the wetland conservation area and adjacent to
the east property line of the subject property shall not be altered by this agreement.
There shall be one or more connection(s) between the subject development and the
required trail located immediately east of the subject property. Said trail system
and conn~ ns shall be in general conformance with Exhibit '/~" attached hereto
and incor d herein by this reference.
In order to te the potential impact of garages vehicle parking areas on
safety and compatibility, the following setback and location
regulations shall required above and beyond those ~equired by the Zoning
Chapter.
At least of the dwellings located ak any block within the
development, ~all meet the following gar e setback parameters (as
illustrated on E: C attached hereto a incorporated herein by this
reference): a) Jctures in which the e width is greater than 50
percent of the width of the shall be developed with garages
that are set back ~t least 15 feet fro the front plane of the residential
component of the inciple structure the lot; b) structures in which the
garage width is ec
structure shall be dE
from the front plane
on the lot. Where
they shall be conside~
parameters for the .purp~
Applicant' s responsibilit'
any permit application
to or less 50 percent of the total width of the
'eloped wit es that are flush with or set back
the res ential component of the principle structure
ors do not face the public or private street,
be in compliance with the above setback
af enforcement of this provision. It shall be the
:o provide the necessary information at the time of
,,monstrate compliance with this provision.
Garages containin
are accessed by
public or privatt
alley or
more stalls shall be permitted only when they
lane and the garage doors do not face the
Alleys shall be and utilized fc
city collector streE except as
permitted in oth~ areas where
general confor with those
incorporated by this reference.
vehicular access behind all lots that front on
waived in writing by the City, and shall be
and functional. Alleys shall be located in
on Exhibit 'A" attached hereto in
f. The gross of the RFBH parcel shal exceed that permitted in the City's
RS-8, Med ~m Density Single-Family Resider ~ial zone.
Develo of the 2.55 acre RM-12 shall be subject to the review and
approva of the development plan and buildir elevations, such as shown on the
concep drawings contained in Exhibit 'D" ;hed hereto, by the Director of the
Iowa Department of Planning and Development prior to the
;e of a building permit. The developmen~ ~f the RM-12 parcel shall be limited
to no nore than 16 dwelling units.
h. All conditions and requirements specified in
Zoning Agreement not otherwise altered by this
February 15, 1994 Conditional
shall be adhered to.
4. The Parties acknowledge that the conditions containe~l herein are reasonable and
appropriate conditions to impose on the land under Iowa Code §414.5 (1997), are
appropriate conditions to satisfy public needs directly caused by the subject rezoning,
4
and are required to protect the public safety of both the residents in the area and the
community. Further, notwithstanding the provisions of Iowa Code §§414.28 and
414.28A, the parties specifically acknowledge and agree that the foregoing conditions
are reasonable and appropriate and are not based solely on the fact that the proposed
structures within the RFBH parcel are manufactured homes, and the applicant
specifically waives ny claims or assertions that the foregoing conditions are in
redeveloped, or ided, all redevelopment will conform with the terms of this
Agreement.
The Parties acknowledge
a restrictive covenant
in full force and effect as
unless or until released of
Agreement shall inure to the
assigns of the Parties.
lat this Conditional Zoning Agreement shall
with the land and with title to the land
restrictive covenant running with the
by the City. The Parties further ac
to be
shall remain
to the land,
ge that this
.,nefit of and bind all succ~ 'epresentatives and
7. Nothing in this Agreement shall construed to relieve t
with all applicable, local, state and regulations.
Applicant from complying
8. The Parties agree that the Iowa
Agreement in the Johnson County
City Clerk
)rder' s
record this Conditional Zoning
at Applicant' s expense.
Dated this day of
,1999.
LAKE CALVIN PROPERTIES
CITY OF IOWA CITY
By:
By:
est W. Lehman, Mayor
By:
Attest:
Approved by:
K. Karr, City Clerk
Attorr
5
STATE OF IOWA )
) SS:
JOHNSON COUNTY
On this ~ day of , 19 , before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared , to me
personally ~, who being by me duly sworn, did say that the person is one of the
partners of Lake :alvin Properties, an Iowa General Partnership, and that the instrument was
signed on of the partnership by authority of the partners; and the partner(s)
acknowledged the xecution of the instrument to be the vc.luntary act and deed of the
partnership by it the partner(s) voluntarily executed.
in and for the State of Iowa
STATE OF
COUNTY
)
) SS:
)
On this ~ day of
and for the State of
to me personally known, who being
partners of Lake Calvin Properties,
signed on behalf of the partne~
acknowledged the execution of
partnership by it and by the
, before me, the undersigned, a Notary Public in
, personally appeared ,
me duly sworn, did say that the person is one of the
General Partnership, and that the instrument was
by authority of the partners; and the partner(s)
rument to be the voluntary act and deed of the
Jntarily executed.
Public in and for the State of
STATE OF IOWA
SS:
JOHNSON COUNTY )
On this of , 19 , before me,
, a Notary Public i and for the State of Iowa, personally
appeared Ernest Lehman and Marian K. Karr, t me personally known, and, who, being
by me duly sw n, did say that they are the Mayor nd City Clerk, respectively, of the City
of Iowa City, I ~ ,a that the seal affixed to the foreg ing instrument is the corporate seal of
the corporati , and that the instrument was signed a sealed on behalf of the corporation,
by authority of its City Council, as contained in (Ordi nce) (Resolution) No.
passed by e City Council, on the day of ' , 19 , and
that Ernes W. Lehman and Marian K. Karr acknowledged e execution of the instr'F'u~ment to
be their oluntary act and deed and the voluntary act an deed of the corporation, by it
voluntar' ted.
NMoyt ' ' tate of Iowa
ppdadnvagt/Ikcalvn2.doc
~ 6
\~
//
EXHIBIT "A"
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,,' / /
"' 7
r
EXHIBIT "C"
GARAGE SETBACK REQUIREMENTS
a. Structures in which the garage width is greater than 50 percent of the total
width of the structure shall be developed with garages that are set b ck at least
15 feet from the f~ont plane of the residential component of the pr' cipal
structure o~ the Io .,~ Z2~ : .: <~'0% · ~
b. Structures in which the garage
total width of the structure shal develo
set back from the front plane the re
on the lot.
~qual to or less than 50 percent of the
with garages that are flush with or
component of the principal structure
EXHIBIT "D"
#
#
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ98-O011. Lake Calvin Properties
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45~day limitation period:
Prepared by: Scott Kugler
Date: September 3, 1998
Lake Calvin Properties
805 S. Gilbert Street
Iowa City, Iowa 52240
Phone: 354-1961
Brenda Nelson
Landmark Surveying & Engineering
535 Southgate Ave
Iowa City, IA 52240
Phone: 3541984
Rezoning from RS-8, Medium Density
Single-Family Residential, to RFBH,
Factory Built Housing Residential.
South of Whispering Meadows Drive,
west of The Paddock at Saddlebrook.
61.96 acres
Vacant, RS-8
North:
East:
South:
West:
Vacant, Residential, RS-8;
Vacant, Residential, RFBH;
Wetland conservation area,
RR-1;
Vacant, County RS.
South District Plan: Duplex and/or small
lot single-family, mix of housing types
policy, pedestrian oriented
neighborhoods policy.
14-6D-6, Factory Built Housing
Residential Zone (RFBH)
July 16, 1998
Waived to September 3, 1998
2
BACKGROUND INFORMATION:
The applicant, Lake Calvin Properties, is requesting the rezoning of approximately 61.96
acres located south of the Whispering Meadows subdivision and west of The Paddock at
Saddlebrook from RS-8, Medium Density Single-Family Residential, to RFBH, Factory Built
Housing Residential. This is not the first time that the Commission has been asked to
consider rezoning this property. This property was annexed and zoned in 1994 as part of a
larger 422 acre parcel that included the existing RFBH property to the east, areas of RM-20
property at the intersection of Highway 6 and Heinz Road, and a large wetland conservation
area to the south. The annexation and rezoning was presented at the time as a mixed
development providing a variety of housing types. Shortly after the property was annexed
there was a request by the applicant to fezone this parcel from RS-8 to RFBH, as is now
being requested. That application was recommended for approval by staff, but denied by the
City Council upon a recommendation for denial by the Commission.
Since the approval of the annexation and initial rezoning, development has begun within the
existing RFBH parcel (Saddlebrook) and a wetland mitigation plan within the conservation
area is underway. Private covenants put in place by the property owner within the existing
Saddlebrook development limit residents to double-wide manufactured housing units. The
applicant contends that there have been requests for single-wide units which would not be
permitted in the current phase due to these covenants. The applicant would like to be able to
meet those needs on the subject property. The applicant hopes that now that development
in The Paddock area has begun and the quality of the development has been demonstrated,
the Commission and Council will give favorable consideration to the proposed rezoning.
ANALYSIS:
This request will be evaluated in terms with its compliance with the policies of the
Comprehensive Plan (including the South District Plan), the availability of infrastructure to
serve the development, and the appropriateness of the proposed zoning with existing and
potential development on surrounding properties.
Comprehensive Plan: The South District Plan land use scenario suggests duplex or small lot
single-family residential for the subject property. It also encourages the creation of pedestrian
oriented neighborhoods containing a mix of housing types and interconnected streets. Alleys
are recommended as a means of improving the appearance of the streetscape, and the plan
notes that this is especially important for residential developments with narrow lots. Front
porches are also encouraged, as the plan contains a recommendation to amend the Zoning
Chapter to allow front porches to project into the front yards. When this application was
submitted, staff indicated to the applicant that any request to rezone this property should
demonstrate compliance with these policies and the Comprehensive Plan. While some of
these concepts are included in the concept plan and illustrations submitted, the applicant is
not willing to submit a planned development overlay rezoning application due to the
uncertainty of the future housing market and the desires of future residents of the
development. A planned development would allow the above items to be addressed at the
time the property is rezoned, and would allow some flexibility in design standards such as the
front yard setback of porches, as mentioned above. While staff feels that the planned
development process would be preferable, ensuring that the policies of the Plan are carried
out could also be handled through a conditional zoning agreement that addresses the above
issues. Conditions could be written with some flexibility to address the applicant's concerns
while providing a reasonable assurance that the South District Plan policies will be adhered
to. Conditions recommended by staff are detailed later in this report.
Infrastructure: Sanitary sewer service is available to this property. An east-west arterial
street is proposed to traverse the south edge of the developable portion of the development.
The 1994 conditional zoning agreement obligates the applicant to pay all costs associated
with the provision of infrastructure for this development other than the oversize costs for the
construction of this arterial.
Secondary access will be a concern if this property is intended to be developed prior to the
construction of the arterial. The constructed portion of Heinz Road already serves as a single
means of access for all of the approved portions of the Saddlebrook development. There are
already 81 lots platted within the Whispering Meadows subdivision that are served by a
single means of access. A connection from both Whispering Meadows and Heinz Road will
likely be needed to address the access issues associated with the development of this
property if development begins prior to the extension of the arterial street. Although not all
of Whispering Meadows Drive is constructed within the Whispering Meadows subdivision,
the applicant has an agreement whereby it can extend the roadway if it is ready to do so
before the final phases of Whispering Meadow are built out.
Surrounding Properties: As mentioned above, a large wetland conservation area is located
adjacent to the subject property to the south. The 1994 conditional zoning agreement
requires that a mitigation plan be submitted to address the impact of storm water runnoff
from each phase of this development on the wetland area. The City is currently designing a
storm water management system to the west of this property which will act as a
demarcation between this development and whatever is developed to the west. The facility
will consist of a drainageway constructed wetlands, a trail, and open space. Other phases of
the applicants manufactured housing park will be developed to the east of this property. To
the north is a subdivision zoned RS-8 (Whispering Meadows). Provided the proposed
manufactured housing park is developed in a manner that is consistent with the policies of
the comprehensive plan, the proposed development should be compatible with the existing
development to the north
Conditions: In order to ensure compliance with the Comprehensive Plan, staff feels that the
following conditions should be included should the Commission decide to recommend
approval of the proposed rezoning. These conditions would be enforced through a conditional
zoning agreement.
1. Interconnected Street Pattern: Both the public and private street system developed on
the property should provide an adequate degree of connectivity within the development
and to adjacent properties, similar to that shown on the concept plan submitted with this
application.
2. Street Standards: Collector streets that connect to adjacent properties or to the arterial
street system should be public streets and meet the City's standards for collector streets.
Private streets shall meet City standards established for manufactured housing parks and
shall have a cross section similar to that illustrated on the concept drawings submitted by
the applicant. The sidewalk and travel lanes of the main east-west connecting street
within the development shall be separated as illustrated on the concept drawing.
3. Trails: Provisions for the connection of the proposed trail system to the planned regional
trail to the west shall be incorporated into the development. Previous requirements
associated with the development of trails within the wetland conservation area and
adjacent to the east property line of the subject property will not be altered by this
condition.
4. Garage Setbacks/Alleys: Due to the potential density of the development and to mitigate
the visual impact of garages, single-stall and two-stall garages shall be set back a
minimum of 20 feet from the front face of a residential dwelling, and three or more stall
garages shall be permitted only where alley or rear lane access is available.
5. Alleys: Alleys shall be provided behind all lots that front on City collector streets, and
shall be permitted in other areas where reasonable and functional.
6. Housing Mix: To ensure that an adequate mix of housing is provided, no more than 50%
of any' one type of manufactured housing (single-wide, double-wide, triple unit) shall be
provided within the subject parcel.
7. Wetland Mitigation: The requirements for the submittal of a wetland/storm water
mitigation plan as specified by the February 15, 1994 conditional zoning agreement shall
be adhered to.
In addition to the conditions recommended above, staff feels that the following alterations to
the concept plan should be made prior to consideration by the Commission:
· An alternative to the proposed double-frontage lots along the east-west arterial street
should be provided. If not redesigned, details on this portion of the development should
be provided illustrating the likely setback of the rear of these structures from the arterial
street, and a requirement for a landscaped buffer should be added to the above list of
conditions. Staff feels that an alternative design is the preferred solution. The
subdivision regulations prohibit the use of double-frontage lots unless "good platting
indicates their use."
· The Heinz Road extension illustrated to the east of the subject property should include an
alternative alignment indicating that this connection can be made on the applicant's
property if the eastern alignment is not implemented. Since the property to the east is
owned by another individual there is no guarantee that the roadway will be extended in
this manner within a reasonable amount of time. Legal papers associated with a previous
plat by the applicant require the extension of Heinz Road to the east-west arterial prior to
any additional platting of the applicant's property. Although this is located outside of the
rezoning area, staff does not want this concept plan to be used to justify the elimination
of the requirement to extend Heinz Road.
· The street at the southeast corner of the applicant's property, again located outside of the
rezoning area, should be extended and connected to the east-west parkway or Heinz
Road, depending on the Heinz Road alignment referenced above.
· There are some street design issues that staff has discussed with the applicant related to
intersection configurations and pavement widths in certain locations which should be
addressed.
Staff recommends deferral pending these alterations to the concept plan.
5
Neighborhood Open Space: This property will be subject to the requirements of the
Neighborhood Open Space Ordinance at the time of platting. The concept plan will be
forwarded to the Parks & Recreation Commission for a recommendation as to whether or not
an open space dedication should be required or fees in lieu of dedication should be collected.
If open space is preferred, the Parks & Recreation Commission should also give some
direction at to a preferred location within the development.
Sensitive Areas Ordinance: In addition to the wetland/storm water mitigation plan referenced
above, a sensitive areas site plan will be required for this property at the time of platting.
This property contains fully hydric soils, which will require that these areas be illustrated on
the plan. These areas were investigated for the possibility of wetlands when the 1994
rezoning of the property occurred.
Summary: Staff has worked with the applicant to attempt to come up with a concept plan
that complies with the policies of the Comprehensive Plan and the South District Plan. Staff
feels that more details need to be worked out and clarified before it is comfortable
recommending approval of the proposed rezoning. However, the applicant indicated that it
wanted to go forward with its application for the September 3 meeting. Staff will continue to
work with the applicant to achieve a plan that more closely conforms to the policies of the
Comprehensive Plan and South District Plan. Until additional details are clarified, staff
recommends deferral.
STAFF RECOMMENDATION:
Staff recommends that REZ98-0011 be deferred pending a revised concept plan that
addresses staff's concerns regarding the incorporation of the policies of the Comprehensive
Plan and the South District Plan. If these items are not addressed, staff recommends that
this application be denied. However, upon revisions to the plans that address these
Comprehensive Plan and South District Plan issues, staff recommends that the request to
rezone approximately 61.96 acres located south of Whispering Meadows Drive be approved
subject to the following conditions:
1. Interconnected Street Pattern: Both the public and private street system developed on
the property should provide an adequate degree of connectivity within the development
and to adjacent properties, similar to that shown on the concept plan submitted with this
application.
2. Street Standards: Collector streets that connect to adjacent properties or to the arterial
street system should be public streets and meet the City's standards for collector streets.
Private streets shall meet City standards established for manufactured housing parks and
shall have a cross section similar to that illustrated on the concept drawings submitted by
the applicant. The sidewalk and travel lanes of the main east-west connecting street
within the development shall be separated as illustrated on the concept drawing.
3. Trails: Provisions for the connection of the proposed trail system to the planned regional
trail to the west shall be incorporated into the development. Previous requirements
associated with the development of trails within the wetland conservation area and
adjacent to the east property line of the subject property will not be altered by this
condition.
4. Garage Setbacks/Alleys: Due to the potential density of the development and to mitigate
the visual impact of garages, single-stall garages shall not be located closer to the street
than any other portion of a residential dwelling, two-stall garages shall be set back a
minimum of 20 feet from the front face of a residential dwelling, and three. or more stall
garages shall be permitted only where alley or rear lane access is available.
5. Alleys: Alleys shall be provided behind all lots that front on City collector streets, and
shall be permitted in other areas where reasonable and functional.
6. Housing Mix: To ensure that an adequate mix of housing is provided, no more than 60%
of any one type of manufactured housing (single-wide, double-wide, triple unit) shall be
provided within the subject parcel.
7. Wetland Mitigation: The requirements for the submittal of a wetland/storm water
mitigation plan as specified by the February 15, 1994 conditional zoning agreement shall
be adhered to.
ATTACHMENTS:
1. Location map.
Concept plan, including potential alley and recessed garage layouts and street cross
sections.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
LI,, i~
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REZONING APPLICATION
RS-8 to SRTF~AVE
APPLICANT'S MEN~ 3UL 16 ~,~ 10:2 '/
For more than a year, Saddlebrook has established itself as a high quality neighborhood. Its design is compact,
accessible and pedestrian oriented with open space, a pond and wetlands. Though the project has been very
well received, discussions with residents, potential residents and other citizens revealed a need to diversify the
size, styles, and pricing provided while maintaining the current sense of community and affordable quality
lifestyle that "The Paddtx:k at Saddlebrook" now offers. The applicant sees this as an opportunity to enhance
the existing neighborhood by learning from the Peninsula Project and interjecting a greater mix of housing
types, styles, and price points.
Community Covenants of the Paddock at Saddlebrook and Home Instalhtion and Architectural Covenants are
part of the commitment the applicant has entered into with the current homeowners. These covenants provide
certain assurances to homoowners by limiting minimum home width, length, and living area. Hundreds of
people have requested a larger variety of homes with a wider range of pricing and features while maintaining
the Saddlebrook commalilly and lifestyle. Many have requested more affordable .gmaller homes that will not
conform to the current covenants. Others want larger home sites to allow homes with possibilities to add living
area and multiple site amenities such as larger garages, decks, porches, patios and/or gardens. Still others have
requested 1 ~ and 2 story homes. These are all elements that would contribute to the diversity of the
neighborhood.
Not only does a land-leased community alone diversify Iowa City, but mixed housing types within this
diversified neighborhood takes it one step further. Manufactured housing has advanced in quality and style at a
tremendous pace in recent years, resulting in a lag in perception by the public. With the htest in 1 ~ and 2
story designs, the industry has moved to a new level and home quality has advanced to a point where it is equal
or greater than a stick built home. This is the ~new manufactured housing" and one of the very reasons
Saddlebrook is so appealing to so many homeowners.
With the recent concerns regarding neighborhood safety in the southeast portion of Iowa City, a managed
community offers some degree of control for its residents. Managed with high standards and integrity,
Saddlebrook maintain.~ a standard of quality and safety for its' residents not available with non land-leased
commuttities.
The applicant has additional RFBH zoned land outside of The Paddock at Saddlebrook to construct
approximately 90 home sites. This available land is not adequate however to satisfy the diversity being
requested. While numerous RS-8 lots directly to the north lie vacant, The Paddock at Saddlebrook continues to
gain new residents at a steady clip and turn away those requesting a greater variety of selections. The applicant
therefore needs to fezone the stated RS-8 parcel to RFBH to adequately respond to the identified affordable
housing needs of the citizens of Iowa City and surrounding communities.
The applicant needs to include adequate available land into their ma.~ter development plan. The rezoning of the
requested parcel assures the developer, current and future residents, and the City of a coordinated and connected
neighborhood plan relative to affordability, diversity, community and infrastructure.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 11, 1998 (for September 17 meeting)
Planning and Zoning Commission
Scott Kugler, Associate Planner
REZ98-O011. Lake Calvin Properties
At the Commission's September 3 meeting, an application submitted by Lake Calvin
Properties to rezone approximately 61.96 acres from Medium Density Single-Family
Residential (RS-8) to Factory Built Housing Residential (RFBH) was discussed, and was
deferred to the September 17 meeting. In its staff report for this item, staff recommended
that the City get some assurance that the policies of the South District Plan regarding
neighborhood development will be adhered to within this development prior to granting the
rezoning request. Staff feels that the best way to address these concerns is a Planned
Development Housing Overlay (OPDH). The applicants have indicated that they are not
prepared to submit a specific OPDH plan at this time. As an alternative to a planned
development rezoning and a specific development plan, staff has been discussing the
possibility of a conditional zoning agreement, which would specify design parameters
necessary to carry out the policies of the Plan, yet provide the applicant with some
flexibility with regard to the development of specific areas within the plan.
In a September 3 memorandum to the Commission, the applicants have indicated that they
will work with staff to draft a set of conditions covering most of the items being
recommended. However, they indicated that the condition regarding the garage setbacks
was not acceptable, and have expressed reservations about the proposed method of
ensuring the housing mix suggested by the plan. Staff sees the proposed conditions as the
minimum "package" necessary to ensure the successful implementation of the policies of
the South District Plan, although it is willing to consider alternative language for any of the
conditions. Staff does not feel that the proposed set of conditions is unreasonable, and
feels that each of the items covered needs to be addressed in some form in the conditional
zoning agreement. In the absence of these items being addressed by the conditional zoning
agreement, staff would recommend denial of the proposed rezoning.
This property was annexed and zoned to its current classification in 1994 as part of an
overall plan for a larger 244 acre parcel. This zoning plan was presented as one which
would provide for a diverse mix of housing within this area of the City. In staff's opinion, a
rezoning to RFBH would be a step back from the diversity represented at the time of the
original rezoning. The City is not obligated to approve the rezoning of this property, and
should not approve such a request unless it is demonstrated that the request is consistent
with the Comprehensive Plan. The South District Plan has been incorporated into the
Comprehensive Plan and contains the policies upon which the proposed rezoning should be
evaluated. Unless it is demonstrated that these policies will be adhered to, staff cannot
support the proposed rezoning.
Staff has been working with the applicants to complete a concept plan and zoning
agreement that addresses these issues. However, agreement was not reached on all of
these items, including a means of assuring a mix of housing. The applicants have indicated
that their intent is to include a variety of housing types, ranging from single-wide
manufactured housing units to two-story modular houses. The applicant is not willing at
this time to prepare a plan illustrating how this diversity of housing will be established. The
applicant would like as much flexibility as possible to respond to the demands of the
market. In the absence of a plan, staff suggested that a maximum percent be established
for any one housing type. This proposal was drafted as a starting point to initiate
discussions regarding this issue. This, however, does not appear to be a workable
standard. Staff will continue to work with the applicant to come up with a condition that
will ensure a diversity of housing in this area. If this cannot be resolved, one solution may
be to rezone only a portion of the property and retain the RS-8 development standards for
the balance of the property. Staff recommends deferral of this item until this issue is
resolved.
The applicants have indicated that they are not willing to accept the condition regarding the
garage setback requirements. Staff feels that this is an important issue. The policies of
the South District Plan draw heavily from the concepts of Traditional Neighborhood Design,
which were strongly supported by the participants of the citizen planning workshops that
were held during the preparation of the Plan. Locating garages off of an alley or setting
them back from the street to avoid the garage-scape appearance from the street is a key
component of the TND concept, especially where smaller lot sizes and more compact
development is to occur. Since the development standards of the RFBH zone permit
narrower streets and lots and buildings closer to the street than a typical single-family
subdivision, staff feels that this condition is a very important in attempting to ensure that a
pedestrian oriented streetscape is being provided. The photograph below illustrates a
streetscape within a more typical manufactured housing park where no garage or parking
setback exists. The setback proposed by staff would not only remove the garage from the
front of the home, but would provide a parking area for vehicles behind the face of the
buildings. The applicants note that only a few of the existing 50 homes built in the
Paddock area to the east have garages located at the front of the property. However, with
no condition or development plan in place to ensure that a "garage-scape" does not occur,
there is nothing to guarantee that this item will be addressed.
.I
STAFF RECOMMENDATION:
Staff recommends that REZ98-0011 be deferred pending the resolution of the housing mix
and the garage setback issues mentioned above.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 25, 1998 (for October 1 meeting)
Planning & Zoning Commission
Scott Kugler, Associate Planner
REZ98-0011. Lake Calvin Estates
This item was deferred at the September 17 meeting to allow the application to be
discussed at a neighborhood meeting held on September 23. The neighborhood meeting
has occurred, at which area residents were provided information about the two rezoning
and annexation applications being reviewed by the Commission, and were given the
opportunity to ask questions of staff and the applicants. It is staff's understanding that the
neighborhood associations involved in organizing this meeting will be providing the
Commission with comments or a recommendation at the October 1 meeting.
Information on the nature and extent of the covenants that have been referred to by the
applicants was requested by a Commission member. There was also a request for a report
on the extent to which streets and utilities have been installed within the existing area
being developed to the east of the subject property. This information is provided below. In
addition, the issue of parking within front yards was raised, and staff noted that it had not
reached any agreement with the applicants on two of the proposed conditions contained in
the draft conditional zoning agreement. The following is an attempt to address these
issues based on the information available to staff.
Covenants: At previous meetings and in discussions with staff, the applicants have made
reference to private covenants that have been placed on the existing Paddock area that is
currently being developed. Staff has attempted to obtain a recorded copy of those
covenants at the request of a Commission member, however, no such record was found at
the Johnson County Recorder's Office. The applicant has provided copies of the covenants
that they referenced, which are included in the Commission member's packets. It appears
that the covenants are in the form of an agreement signed by each individual leasing a lot
within the development. There is no legal description provided within the document which
would indicate the land area that is intended to be covered by the covenants. There is,
however, a reference to "The Paddock", which is the name the applicants have associated
with the development occurring on Lot 4 of Saddlebrook Addition, Part One. Lot 4
contains approximately 40 acres and has been approved for the development of 222
housing sites. The attached location map illustrates the approximate area of the existing
Lot 4.
Utility Installation: The Commission also requested information regarding the extent to
which utilities have been installed within the area previously approved for development.
Public Works has prepared an illustration that indicates where street paving, sanitary sewer
lines and water mains have been installed. A reduced copy is attached, and the full size
illustration will be available for review at Monday's informal meeting.
Garage Setbacks: The applicants have indicated that they will contest the proposed
condition that would establish requirements for a garage setback and alley access for
garages containing more than two stalls. Staff feels that this is a very important issue in
implementing the policies and recommendations of the South District Plan. Although a
standard requiring this type of a setback has not yet been incorporated into the Zoning
Chapter for use city-wide, it is clearly noted in the Plan that rear parking and alley access is
recommended, particularly where narrow lots are being utilized or where medium to high
density housing is provided (see pages 7 and 10 of the South District Plan). As density
increases or where development becomes more compact, the impact of garages at the
fronts of residences increases. The RFBH zone allows narrower lots than the RS-8 zone,
and as a result of different street standards the residences can be located closer to the
street than in a typical subdivision. Creating attractive, walkable, pedestrian oriented
neighborhoods is a major goal of the Plan. Without some assurance that a "garagescape"
appearance will be avoided, there is no assurance that this goal will be achieved.
Where property is being requested for annexation or rezoning to another zoning
classification, particularly where the request is to allow an increase in the permitted density
on a property, the City should expect that the resulting development will be in conformance
with the policies and recommendations of the Comprehensive Plan and the South District
Plan. Within the South Planning District, there are a few properties that are located within
the corporate limits that are already zoned for development. It is on the properties that
require annexation, or where a rezoning is requested, that the City has an opportunity to
ensure that the policies and recommendations of the plan are adhered to. If it cannot be
demonstrated by the applicant that their proposed development is in conformance with the
adopted plans for this area, the property should not be rezoned. Staff feels that the garage
setback and alley access condition proposed in the draft conditional zoning agreement is an
important one, and would recommend approval of this application only if this condition is
retained in the agreement.
Parking Within the Front Yard: It was pointed out at the previous meeting that the
condition proposed by staff to address the garage setbacks and parking in the front yard
would not necessarily preclude vehicles being parked in between the dwellings and the
street. Staff does not feel that this is a great concern if. garages are set back 20 feet from
the front of the dwelling as proposed by staff. Staff believes that most vehicles would be
parked within the garages, and those that are parked outside would likely be parked beyond
the front yard. If a few cars are parked closer to the street staff does not feel that this
would have a tremendous impact on the streetscape. If a majority of the garages are at
the residence front, or if most parking occurs within the front yard, staff feels that this
would have a major impact on the streetscape. This is especially the case in the RFBH
zone due to the narrower street width and more compact development permitted. If the
concern is that more paving would be installed within the front yard than necessary for the
driveway to provide additional parking area, an additional condition limiting the driveway
width off of a public or private street to 18 feet within the front yard could help address
this issue. Since a separate condition being proposed would require that garages
containing more than two stalls be accessed from an alley, there should be no need for a
driveway wider than 18 feet off of a public street, ~nd therefore paving within the front
yard would be limited.
Housing Mix: Attempts to address the concept of a mix or diversity of housing within this
development and neighborhood has caused some confusion. With the current request, the
applicants initially indicated that they would like to be able to provide diverse housing
opportunities on the subject property within their market niche, which is the provision of
manufactured housing. They indicated that single wide, double wide, and multi-sectional
manufactured housing units, including multi-story units, would be offered on the property.
Staff initially considered this to be a step in the direction of providing a "mix", but
recommended that townhouses, duplexes, or some small scale apartments (4-6 units per
building, see page 21 of the Comprehensive Plan) be considered at the intersection of the
north-south collector street and the proposed arterial street at the south end of the
property, consistent with recommendations contained in the South District Plan. Potential
multi-family development has been incorporated into the applicants' concept plan, but is
not guaranteed through zoning or a conditional zoning agreement at this time. Staff and
the applicant have not been able to come to terms on an appropriate method of ensuring
that the mix of manufactured housing units suggested by the applicant is provided.
Staff is of the opinion that it would be difficult for the City to require a certain number or
size of any specific type of manufactured housing unit through a conditional zoning
agreement. We have not been in the practice of requiring that different size homes be
provided in other single-family residential developments, and have no specific language
within the Comprehensive Plan or South District Plan that suggests this approach. The
applicants have indicated that they intend to provide a diverse mix of manufactured
housing units. In absence of a voluntary condition to do so, the applicants would be under
no obligation to provide the kind of diversity that they have indicated is their goal.
There is specific language within the South District Plan that calls for some diversity in
dwelling units within the neighborhoods to be developed in this area. Providing
townhouses or small-scale multi-family residential apartments at the intersection of
collector and arterial streets is one method suggested to implement this concept.
Therefore, staff feels that it is reasonable to require conceptual site and building designs to
be implemented through an OPDH-8 zoning for these areas, which can be referenced in a
conditional zoning agreement. If the applicant is unable to present plans at this time, then
that area should be removed from the area proposed for rezoning to RFBH and zoned ID-RM
at this point. When plans are better defined for these areas a rezoning application can be
submitted and a development plan reviewed to ensure compatibility with the surrounding
residential neighborhood. If the applicant is unwilling to commit to these conditions the
application would not be in conformance with the Comprehensive Plan and the rezoning
should be denied.
Neighborhood Open Space: At the September 17 meeting, the Commission was provided
with a report from the Parks and Recreation Director regarding recommendations for
neighborhood open space within this development. The parks and recreation Commission
is recommending that open space requirements be satisfied through the dedication of land
in two areas within the overall Saddlebrook property. The first area lies immediately east
of the area requested for rezoning and would continue the extension of a trail which will
lead from the Whispering Meadows wetland park south to the Sycamore Bottoms wetland
area. The balance of the open space requirement would be met through the dedication of
land along the west property line which would become part of a larger neighborhood park
at some point in the future. It appears that just under 7.5 acres of additional open space
will be required as this area is platted. Although the actual dedication of the open space is
not required until the area is platted, it is important to identify the appropriate areas for the
dedication of open space at this time so that these areas can be accommodated within the
plans for the development of this property· Staff recommends that the open space
recommendations of the Parks and Recreation Commission be incorporated into the
concept plan associated with this application prior to the Commission's vote on this item.
Summary: Due to time limitations imposed by the Zoning Chapter, the Commission will be
in a position of having to vote on this item at its October 1 meeting, unless a waiver of the
time limitation is provided by the applicants. If the Commission is in the position of having
to vote on the current proposal as it stands at the time of this mailing, staff would
recommend denial of the proposed rezoning based on its inconsistency with the
Comprehensive Plan. In order for staff to recommend approval, the application would need
to be revised to address the following:
· The provision of a diversity of housing types. This may be done through an OPDH
rezoning application as discussed in the staff report;
· An agreement by the applicants to adhere to the provisions of the South District Plan,
including the setback requirement for garages of 20 feet from the front of dwelling
units and for alley access to larger garages;
· A requirement for the future dedication of neighborhood open space as recommended
by the Parks and Recreation Commission; and
· Conformance with the conditions contained in the draft conditional zoning agreement
distributed at the September 17 meeting.
ATTACHMENTS:
Location map.
Final Plat, Saddlebrook Addition, Part 1.
Exhibits illustrating the location of existing utilities and street paving within the
Paddock.
Letter containing recommendations from the surrounding neighborhood associations·
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REZ98-O011. LAKE CALVIN PROPERTIES
PROPOSED CONDITIONS
OCTOBER 1, 1998
Conditions agreed to by staff and applicant:
· There shall be an interconnected street pattern within the development. Both
the public and private street system developed on the property shall provide an
adequate degree of connectivity within the development and to adjacent
properties, similar to that shown on the concept plan associated with this
application.
· Collector streets that connect to adjacent properties or to the arterial street
system should be public streets that meet the City's standards for collector
streets. Private streets shall meet City standards established for manufactured
housing parks and shall have a cross-section similar to that illustrated on the
concept drawings submitted by the applicant. The sidewalk and travel lanes of
the main east west street within the development shall be separated as
illustrated on the concept drawings
· Provisions for the connection of the trail system to the planned regional trail to
the west shall be incorporated into the development. Previous requirements
associated with the development of trails within the wetland conservation area
and adjacent to the east property line of the subject property will not be altered
by this agreement. There shall be one or more connection(s) to the required trail
located immediately east of the subject property.
· Alleys or rear lanes shall be provided behind all lots that front on City collector
streets, where possible, and shall be permitted in other areas where reasonable
and functional.
· All conditions and requirements specified in the February 15, 1994, Conditional
Zoning Agreement for this property, not otherwise altered by this agreement,
shall be adhered to.
Conditions upon which staff and the applicant have not agreed:
Due to the potential density of the development and to mitigate the visual
impact of garages and vehicle parking areas, single-stall and two-stall garages
shall be set back a minimum of 20 feet from the front face of a residential
dwelling, and three-or-more-stall garages shall be permitted only when they are
to be accessed from an alley or rear lane.
Housing Mix Issue: In staff's opinion, addressing this issue will require
alterations to the concept plan, the submittal of a conceptual layout of
apartments, townhouses, or duplexes for the areas identified for other types of
housing, an amendment to the rezoning application which includes a Planned
Development Housing Overlay rezoning for these areas or excludes these areas
from the proposed RFBH zone (to be instead zoned ID-RM at this time), and a
reference within the conditional zoning agreement requiring that development
plans for these areas be subject to review to ensure compatibility with the
surrounding neighborhood. If these items are addressed and an OPDH plan is
submitted at this time, design compatibility issues will be addressed as part of
the review of that plan. If an OPDH is not requested at this time but the other
items listed above area addressed, the condition within the conditional zoning
agreement might read: Any application to rezone the ID-RM parcel(s) for
development shall require the submittal and approval of the proposed
development plans to ensure compatibility with the surrounding residential
neighborhood as referenced by the Comprehensive Plan. The development plans
shall be incorporated into the application to rezone and any action approving the
rezoning request, and as such shall be substantially adhered to in the
development of the property.
Proposed conditions that the applicants have not yet responded to or that have not
been specifically discussed with the applicants:
Driveways within any front yard shall be a maximum of 18 feet in width.
Required neighborhood open space shall be provided within the development as
recommended by the Parks and Recreation Commission.
September 25, 1998
Planning and Zoning Commission Members:
Thank you for allowing us to meet with the representatives of Streb & Streb and Lake Calvin Properties prior to
voting on their applications for rezoning. The public discussion provided an opportunity for residents and
developers to learn more about the South District Plan and the impact of the proposed projects. The Grant
Wood Neighborhood Association, Wetherby Friends and Neighbors, and Pepperwood Neighborhood
Association members voted to make the following requests and recommendations:
1 ) We request that the Planning and Zoning commission make a recommendation to City Council to deny
the Lake Calvin Properties application to fezone 61.96 acres from RS-8 to RFBH. Over time, the developers,
neighbors and city staff can work together to establish new neighborhoods. We feel strongly that as the
developers submit plans for the area, as currently zoned, they should reflect back on the September 23rd meeting
for insight into development options that better address the intent and vision of the South District Plan.
2) We request that the Planning and Zoning commission make a recommendation to City Council to deny
the Streb & Streb application for annexation and rezoning of 187.41 acres. The zoning designations and the size
of the parcels combine to make the proposal completely non-compliant with the South District Plan.
3) We recommend that city staff, planning and zoning commission members, and developers consider the
attached list of issues as they propose and review development applications. Efforts should be made to create a
better balance of zoning types and development styles within the district and throughout the city.
The scope of the concems brought out during our meeting reflects the diverse interests of our members and our
awareness of the multi-faceted nature of"community." As individuals and associations, we plan to continue
contributing to zoning, parks and recreation, school district and other boards and commissions that can
strengthen our neighborhoods.
Sincerely,
Dan Daly, President
GSc2nt Wood Ne~TsociatiTn
Jerry~sen~,teering Committee Ch~
Wethe~y Friends and Neighbors
David Dawes, Coord~ator
Peppe~ood Nei~borhood Association
ISSUES RELATED TO DEVELOPMENT IN THE SOUTH DISTRICT
Public Discussion
September 23, 1998
Hosted by Grant Wood Neighborhood Association, and attended by Wetherby Friends and Neighbors,
Pepperwood Neighborhood Association, and other concerned neighbors from Iowa City and Johnson County.
Participants identified concerns and assigned priority values to these issues during our discussion:
more RFBH zoning
school congestion/new site
zoning mix/district plan (balance)
wetlands (identify and protect)
PRIMARY CONCERNS
density uncertainty of plans (not specific at this time)
commercial (buffer) multi-unit concerns
policing(neighborhood patrols) what's the hurry?
SECONDARY CONCERNS
empty commercial space street construction
park land (active and new) water runoff/retention (basin site?)
connection of streets (within development and to neighboring areas)
traffic (congestion, narrow streets)
sewer system capacity (adequate?)
garage setback on lots
TERTIARY CONCERNS
city water (is it adequate for the # of homes proprosed)
This list holds closely to the values outlined in the South District Plan, as should any plan submitted for
development in this district.
NOTICE OF PUBLIC HEARING ON
PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATED COST
FOR CONSTRUCTION OF THE PARK
MAINTENANCE BUILDING IN
NAPOLEON PARK, IN THE CITY OF
iOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER PERSONS IN-
TERESTED:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will
conduct a public hearing on plans, specifica-
tions, form of contract and estimated cost for
the construction of the Park Maintenance
Building in Napoleon Park in said City at
7:00 p.m. on the 12th day of January, 1999,
said meeting to be held in the Council Cham-
bers in the Civic Center in said City.
Said plans, specifications, 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
persons interested.
Any persons interested may appear at said
meeting of the City Council for the purpose of
making objections to said plans, specifications,
contract or the cost of making said improve-
ment.
This notice is given by order of the City
Council of the City of Iowa City, Iowa.
MARlAN K. KARR, CITY CLERK
parksrec/re~/napolnl~h.doc
NOTICE OF MEETING OF THE COUNCIL OF
THE CITY OF IOWA CITY, IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $4,700,000 GENERAL
OBLIGATION BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF SAID CITY, AND
THE HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the
Council of the City of Iowa City, Iowa, will hold a
public hearing on the 26th day of January, 1999,
at 7 o'clock P.M., in the Council Chambers, Civic
Center, Iowa City, Iowa, at which meeting the
Council proposes to take additional action for the
issuance of not to exceed $4,700,000 General
Obligation Bonds for an essential corporate
purpose of said City, in order to provide funds to
pay costs of refunding existing legal
indebtedness of the City.
At the above meeting the Council shall receive
oral or written objections from any resident or
property owner of said City, to the above action.
After all objections have been received and
considered, the Council will at this meeting or at
any adjournment thereof, take additional action
for the issuance of said bonds or will abandon
the proposal to issue said bonds.
This notice is given by order of the Council of
Iowa City, Iowa, as provided by Section 384.25
of the City Code of Iowa.
Dated this 18th!~day of Januar.y ,
1999.
Cit~rk of Iowa City, Iowa '//
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR THE
COLLEGE STREET PEDESTRIAN MALL
WATER MAIN REPLACEMENT 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 College Street Pedestrian Mall
Water Main Replacement Project in said City at
7:00 p.m. on the 26th day of January, 1999, said
meeting to be held in the Council Chambers in
the Civic Center in said City.
Said plans, specifications, 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.
MARlAN K. KARR, CITY CLERK
PH~I