HomeMy WebLinkAbout2005-08-02 OrdinancePrepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ03-00019)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 92 ACRES FROM INTERIM
DEVELOPMENT RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE FAMILY-SENSITIVE AREAS
OVERLAY (OSA-5) ZONE FOR PROPERTY LOCATED WEST OF KENNEDY PARIONAY AND EAST OF
CAMP CARDINAL ROAD (REZ03-00019)
WHEREAS, the property owner, Alfred and Wilfreda Hieronymous, has requested a rezoning from ID-RS
to OSA-5 to allow a single family residential subdivision; and
WHEREAS, the property contains wetlands regulated by the Sensitive Areas Ordinance; and
WHEREAS, the applicant has requested variations from the buffer requirements and buffer averaging for
portions of the regulated wetlands; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed Sensitive Areas
Development Plan, which provides for reduction of certain wetland buffers and averaging of other wetland
buffers; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the Sensitive Areas
Development Plan, including the wetland buffer modifications and averaging; and
WHEREAS, Iowa Code 414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to
satisfy public needs directly caused by the requested change; and
WHEREAS, the applicant has requested a waiver of requirements for extension of sanitary sewer lines to
adjacent properties; and
WHEREAS, the Planning and Zoning Commission has reviewed the requested waiver and has
recommended approval, provided that provisions be made through easements and payments for the future
extension of the required sewer; and
WHEREAS, the applicant acknowledges that said conditions and restrictions are reasonable to ensure
appropriate and necessary extension of sanitary sewer infrastructure; and
WHEREAS, the applicants have agreed to develop this property in accordance with the terms and
conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate future extension of
the sanitary sewer system in this area of the City; and
WHEREAS, the Planning and Zoning Commission has found that the proposed rezoning and associated
Sensitive Areas Development Plan to be in conformance with the Comprehensive Plan for the area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, the parcel described below is hereby reclassified from its current zoning designation of
ID-RS to OSA-5 and the associated preliminary Sensitive Areas Development Plan is approved:
THE FOLLOWING LEGAL DESCRIPTION HAS BEEN COMPILED FROM DEEDS AND PLATS OF
RECORD.
THE WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, EXCEPT THE FOLLOWING
DESCRIBED TRACT, TOWIT: COMMENCING 14 RODS EAST OF THE SOUTHWEST CORNER OF
SAID WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, THENCE EAST 25 RODS,
THENCE NORTH 21 RODS, THENCE NORTHWESTERLY TO A POINT 23 RODS NORTH OF THE
PLACE OF BEGINNING, THENCE SOUTH 23 RODS TO THE PLACE OF BEGINNING, tN SECTION ?,
TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. ALSO AN EASEMENT FOR ROAD
PURPOSES AND FOR RIGHT OF INGRESS AND EGRESS OVER THE WESTERLY 30 FEET OF THE
OF THE NORTH 44 Y2 RODS OF THE WEST FRACTIONAL HALF OF THE SOUTHWEST QUARTER
OF SECTION 7, TOWNSHIP ?9 NORTH, RANGE 6 WEST OF THE 5TH P.M.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same,
at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by
law.
SECTION IV. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed
to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners and
the City, following passage and approval of this Ordinance.
SECTION V. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CiTY CLERK
City Attorney's Office
ppdadm/ord/REZ03-00019.doc
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E Washington St, Iowa Cit~l IA 52240, 319-356-5030
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City"), Albert & Wilfreda Heironymus (hereinafter "Owners"), and
Southgate Development Company (hereinafter "Subdivider").
WHEREAS, Owners are owners and legal title holders of approximately 92.93 acres of property
located north Melrose Avenue, west of the northwest terminus of Kennedy Parkway and the
Walnut Ridge subdivision; and
WHEREAS, the Owners and Subdivider have applied to rezone the property from Interim
Development Residential (ID-RS) to Sensitive Areas Overlay Low Density Single-Family
Residential (OSA-5); and
WHEREAS, Subdiivider is subdividing said property according to the plat for the Cardinal Ridge
subdivision; and
WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning
and subdivision subject to conditions related to infrastructure needs, specifically the provision of
sanitary sewer to the southern boundary of the Property; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs that are directly caused by the requested change in zoning; and
WHEREAS, the Owners and Subdivider acknowledge that certain conditions and restrictions
are reasonable to ensure future infrastructure needs are adequately funded to minimize costs to
the public and promote development; and
WHEREAS, Owners and Subdivider agree to use this property in accordance with the terms
and conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties
agree as follows:
1. Albert & Wilfreda Heironymus are the owners and legal title holders, and Southgate
Development Company is the subdivider, of the property legally described as follows:
THE WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, EXCEPT THE FOLLOWING
DESCRIBED TRACT, TOWIT: COMMENCING 14 RODS EAST OF THE SOUTHWEST CORNER OF
SAID WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, THENCE EAST 25 RODS,
THENCE NORTH 21 RODS, THENCE NORTHWESTERLY TO A POINT 23 RODS NORTH OF THE
Conditional Zoning Agreement (REZ04-00030)
Page 2
PLACE OF BEGINNING, THENCE SOUTH 23 RODS TO THE PLACE OF BEGINNING, IN
SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. ALSO AN EASEMENT
FOR ROAD PURPOSES AND FOR RIGHT OF INGRESS AND EGRESS OVER THE WESTERLY 30
FEET OF THE OF THE NORTH 44 ¼ RODS OF THE WEST FRACTIONAL HALF OF THE
SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH
P.M.
2. The Parties acknowledge that Iowa Code Section 414.5 (2005) provides that the City of
Iowa City may impose reasonable conditions on granting an applicant's rezoning request,
over and above the existing regulations, in order to satisfy public needs directly caused by
the requested change.
3. In consideration of the City's rezoning the subject property, Owners and Subdivider agree
that development of the subject property will conform to all other requirements of the Zoning
Chapter, as well as the following conditions:
a. Extension of sanitary sewer to southern boundary of the Property: In lieu of requiring the
extension of the sanitary sewer line(s) to be constructed within the Property to the
southern border of the Property as provided for by City Code Section 14-7C-2, the
Owners and/or Subdivider shall provide to the City a blanket sanitary sewer easement
over and across the area depicted as Outlot G in the approved preliminary plat for the
Cardinal Ridge subdivision, and deposit with the City before the first building permit is
issued the sum of $26,000.00. Said amount is intended as a payment toward the cost of
extension of a sanitary sewer line through said Outlot G to the southern border of the
Property, provided the installation of the sanitary sewer line is commenced within fifteen
(15) years after the date of such deposit. If the land located to the south of the Property
and north of Melrose Avenue is fully developed without the need for the extension of any
sanitary sewer line through Outlot G to the southern border of the Property, or if the
extension of a sanitary sewer line through Outlot G to the southern border of the
Property is not commenced within fifteen (15) years after the date of the deposit of the
funds with the City, then the escrowed funds shall be promptly returned without interest.
4. Owners, Subdivider and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code Section 414.5 (2005), and
that said conditions satisfy public needs which are directly caused by the requested zoning
change.
5. Owners, Subdivider and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms
of this Conditional Zoning Agreement.
6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a covenant 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. Owners and Subdivider acknowledge that nothing in this Conditional Zoning Agreement
shall be construed to relieve the Owners, Subdivider or future owners from complying with
all applicable local, state, and federal regulations.
Conditional Zoning Agreement (REZ04-00030)
Page 3
8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office at the applicant's expense.
*** Remainder of this Page has been left Blank Intentionally ***
Conditional Zoning Agreement (REZ04-00030)
Page 4
Dated this day of ,2005.
OWNERS CITY OF IOWA CITY, IOWA
By.
Alfred Hieronymus Ernest W. Lehman, Mayor
By.
Wilfreda Hieronymus Marian K. Karr, City Clerk
SUBDIVIDER
Southgate Development Company, Inc.
By:
Teresa L. Morrow, Vice President Approved by:
Conditional Zoning Agreement (REZ04-00030)
Page 5
OWNERS' ACKNOWLEDGEMENT
State of , County of ss:
On this __ day of , 2005, before me, a notary public for said state, personally
appeared Alfred Hieronymus and Wilfreda Hieronymus~ wife and husband, to me known to be the
persons named in and who executed the foregoing instrument, and acknowledged that they executed the
same as their voluntary act and deed.
Notary Public for the State of Iowa
SUBDIVIDER'S ACKNOWLEDGEMENT
State of , County of ss:
This instrument was acknowledged before me on the day of ,2005 by
Teresa L. Morrow, as Vice-President of Southgate Development Company, Inc.
Notary Public in and for the State of Iowa
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of Iowa, County of Johnson, ss:
On this. day of , 2005, before me, the undersigned, a notary public for the state of Iowa,
personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who, being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa,
executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation
by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of
said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily
executed.
Notary Public for the State of Iowa
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo
Item: REZ03-00019/SUB03-00024 Date: June 16, 2005
Cardinal Ridge
GENERAL INFORMATION:
Applicant: Southgate Development
755 Mormon Trek Boulevard
Iowa City, IA 52246
Phone: 337-4195
Requested Action: Rezoning from ID-RS to OSA-5;
Preliminary Plat and Sensitive Areas
Development Plan approval
Purpose: A 93-1ot single-family residential
subdivision
Location: West of the northwest terminus of Kennedy
Parkway, west of the Walnut Ridge
subdivision.
Size: 92.31 acres
Existing Land Use and Zoning: Undeveloped, ID-RS
Surrounding Land Use and Zoning: North: Undeveloped and residential; ID-
RS
South: Undeveloped and residential; ID-
RS
East: Residential; OSA-1 and OPDH-1
West: Undeveloped; ID-ORP
Comprehensive Plan: The Comprehensive Plan identifies this
area as residential, 2-8 dwelling units per
acre.
File Date: May 26, 2005
45 Day Limitation Period:
BACKGROUND INFORMATION:
The property proposed for development is accessed via the western terminus of Kennedy
Parkway, the collector street that also provides access to the Walnut Ridge subdivision. Camp
Cardinal Boulevard, which will connect Highway 6 in Coralville and Melrose Avenue, is being
built to the west of this subdivision and will serve as an arterial street for this portion of the city.
The existing Camp Cardinal Road will become a collector street. The Cardinal Ridge property
has been zoned Interim Development Residential due to the lack of infrastructure to support
residential development; with the Kennedy Parkway extending into this property, infrastructure is
available to support development. There are sensitive environmental features on this property
including wetlands, critical and protected slopes, woodlands, and a stream corridor. The
applicant, Southgate Development, is requesting a rezoning to OSA-5 to allow a 93-1ot single
family residential development on a 92.31 acre property. A Sensitive Area Development Plan is
required because the applicant is requesting a reduction of a portion of the required wetland
buffer in two locations and wetland buffer averaging for the wetland located adjacent to the stream
corridor. The plat also contains Outlots E and G that are reserved for future development and
Outlots A, B, C, D and F that will serve as common open space.
ANALYSIS:
REZONING
Comprehensive Plan: A rezoning from ID-RS is appropriate when the infrastructure necessary
for urban development is available to the property. The Comprehensive Plan land use map
identifies this area as appropriate for residential development, 2-8 units per acre. The Clear Creek
Master Plan, which is the planning document guiding the construction of Camp Cardinal
Boulevard, also shows this area as appropriate for residential development. The Comprehensive
Plan states that residential development in the Northwest Planning District will be impacted by the
existence of extensive areas of sensitive environmental features, and the Cardinal Ridge property
is no exception. Because the applicant is requesting modifications to the wetland buffers a
sensitive areas overlay rezoning is required. In Staff's opinion, the underlying density requested,
Low Density Single Family Residential (RS-5) is appropriate for this property given the collector
street access, environmental characteristics, and Comprehensive Plan guidance for the area.
The area to the east contains the Walnut Ridge development and is zoned OPDH-1 with an
underlying zoning of RR-I. All of the lots in the Walnut Ridge are a minimum of one acre. The
proposed subdivision includes some larger lots adjacent to Walnut Ridge.
Sensitive Areas Overlay Rezoning: The purpose of the Sensitive Areas Ordinance is to
permit and define the reasonable use of properties that contain sensitive environmental
features and natural resources, and allowing reasonable development while protecting such
resources from damage. The Cardinal Ridge development is designed to primarily develop
land that has been previously disturbed (farmed), thus preserving most of the environmentally
sensitive areas.
Woodlands: Woodlands are defined as any tract of land with a contiguous wooded area not less
than two acres and containing not less than 200 trees per acre. Under the RS-5 zone, at least
50% of the woodlands must be retained. According to a note on the plat this property contains 40
acres of woodland, and 12 acres or 30% of woodland are proposed to be removed. Most of the
tree removal will occur on the edge of the woodland contained on Outlot G. If other portions of
the property are developed in the future, the total tree removal for the Cardinal Ridge property
should not exceed 50%. The plan notes that fencing will be installed to protect the woodlands
during construction. The Sensitive Areas Plan generally complies with the requirements of the
woodland section of the zoning code, however as noted below the plan shows the removal of
some wooded areas within the required protected slope buffers.
S:\PCD\Staff Reports\REZ03-00019Card Ridge pre plat and SAO zoning.doc
Stream Corridor: A stream corridor exists along the southern portion of the property, for which a
60-foot wide total buffer is required (30-foot wide stream corridor plus 15 feet of buffer on either
side). The development design includes this stream corridor buffer.
Wetlands: Wetlands are located in the southern portion of the property, generally on the north
side of the stream corridor, with some wetland 'fingers' extending north into drainageways. As
required by the Sensitive Areas Ordinance, a wetlands delineation report was prepared by the
wetlands specialist and was accepted by the Army Corps of Engineers. The delineated wetlands
are shown on the plat.
Wetland Mitigation Plan: For properties containing a wetland, a wetland mitigation plan is
required as part of the Sensitive Areas Overlay rezoning. The wetland mitigation plan must
include the type and location of erosion control measures, and a stormwater management plan
that addresses stormwater runoff and sedimentation. Subsection G3(c)(3) of the Sensitive Areas
Ordinance contains standards for the discharge of stormwater into the wetland including that the
partial treatment of storm water runoff through the use of constructed wetlands, detention basins,
vegetative filter strips, sediment traps or other means will be considered as part of a mitigation
plan. Because a regional storm water basin is proposed to the west of the Cardinal Ridge
subdivision, there will not be a storm water basin within the subdivision itself. Storm water will be
released directly into the wetlands and stream corridor. The plans submitted provide no
description of erosion control methods around the protected wetlands. There are no
construction limits identified and there are no sediment barriers identified. The mitigation plan
should also address the planting of enhanced vegetative cover with the previously disturbed buffer
areas (per section 14-6K-1 G 3.c.(7)). These items should be address prior to approval.
Wetland Buffer Reduction: A 100-foot buffer around the delineated wetland is required, although
it may be decreased under certain circumstances (See section 14-6K-1 G.3) in a letter dated May
18 (copy attached) the applicant proposes to decrease the buffer to as Iow as 25 feet where it
would coincide with individual lots adjacent to Outllot D (lots 67 to 70 and lot 76 and 77) and future
lots on Outlot E.
The applicant is also requesting that the wetland buffer be reduced from 100 feet to 50 feet for
the long narrow wetland located between the back of lots 29-30 and the back of lots 62-64.
Based on the information submitted, staff believes that it is reasonable to reduce the wetland
buffer where it coincides with development lots. However staff sees no reason to reduce the
wetland buffer required between lots 29-30 and 62-64 with Outlot C. This Outlot will be private
open space and it will be possible to achieve the full 100 foot buffer around the wetland.
Wetland Buffer Averaging: The applicant has also requested use of the wetland, buffer
averaging provision to increase the wetland buffer adjacent to the stream corridor while
decreasing lots 7 and 22 to 25. Staff believes that justifications provided for increasing the wetland
buffer adjacent to the stream corridor but reducing it on the development lots is reasonable.
Slopes: The plat notes the location of steep, critical and protected slopes on the property, and
notes the 50-foot buffer required around the edge of the protected slope. This buffer is required
to minimize slope instability and erosion of protected (40%+) slopes. Portions of the protected
slope buffer are located in development lots. The final plat and OPDH plan should label these as
non-development areas so that future lot owners are aware of the restrictions that apply. The plan
indicates that trees will be removed from portions of the protected slope buffer on lots 51-53 and
Outlot G adjacent to lot 39. The sensitive areas ordinance prohibits the removal of trees with in a
S:\PCO\Staff Repor[s\REZ03-00019Card Ridge pre plat and SAO zoning.doc
protected slope buffer except where necessary for the installation of essential utilities. There are
not utilities in the area proposed for tree removal on lots 51-53. The plan should be revised to
indicate that tree removal will not occur within the protected slope buffer area. The plan does
indicate the need for storm water and sanitary sewer easements on Outlot G and therefore tree
removal may be approved to allow installation of these utilities.
Several of the lots contain steep and critical slopes (lots 32-37, 39-53, 54-62, 66-74, 76-79, and
80 and 92). The Sensitive Areas Ordinance requires that grading and excavation of steep and
critical slopes should be minimized. For the most part the slopes are at the back of the lots where
little disturbance will be required during construction. The plan includes a note indicating that only
3% of the critical slopes on the property will be disturbed. The plan should report the percentage
of steep slopes to be disturbed. In general, with the exception of the tree removal from the
protected slope buffer on lots 51-53, the Sensitive Areas Development Plan appears to comply
with the requirements for slopes.
PRELIMINARY PLAT
Subdivision Design: The plat consists of 93 lots accessed off the extension of Kennedy
Parkway, a collector street, and Camp Cardinal Road, an existing street, a segment of which is
proposed to be reconstructed to a urban street standards. The lots range in size from 17,000-
44,000 square feet in area along the eastern (Walnut Ridge) edge, to 9,000-10,000 square feet
in area. Large amounts of private open space are proposed, primarily along the wetland
corridor in the southern part of the property and the wooded slopes in the northern part of the
property, but also within the development adjacent to all the rear yards (so no rear yard directly
abuts another) and within the Meadowlark Drive loop. A round-a-bout intersection is proposed
at the intersection of Kennedy Parkway and Meadowlark Drive both as a feature of the
development and to deter cut-through traffic between Camp Cardinal Road and Melrose
Avenue. The plat also contains Outlots A, B, C, D and F that will serve as common open space
and Outlots E and G that are reserved for future development. Outlot G is labeled as reserved for
future condominium development. Since the construction of condominiums on this lot will require
a future zoning action this lot should be simply be labeled for future development.
Kennedy Parkway Design: In the Walnut Ridge development, Kennedy Parkway was permitted
to be designed as a 28-foot wide pavement collector street with a sidewalk on one side. The 28-
foot wide street was permitted as a collector street design (rather than the standard 31-feet) due
to parking being prohibited on Kennedy Parkway. The sidewalk on only one side was permitted
by the City Council at the time the preliminary plat was approved, due to the Iow density of
development, and the opportunity for a private trail system through the development (which was
never constructed, though the option is still there if the home owners association chooses to
construct it). Consistent with urban design standards Kennedy Parkway within Cardinal Ridge will
be 31 feet wide and will have sidewalks on both sides.
Round-A-Bout: A round-a-bout intersection is proposed at the intersection of Kennedy Parkway
and Meadowlark Drive. Designed properly, this can be an attractive addition to the neighborhood,
as well as a good traffic calming device. Staff has reviewed the design with an engineering
consultant and finds the design to be appropriate for this location. Like the private open spaces
within the subdivision a homeowner's association will be responsible for maintenance of the open
space in the center of the round-a-bout.
Camp Cardinal Road Connection: Kennedy Parkway is proposed to connect to Camp Cardinal
S:\PCD\Staff Reports\REZ03-00019Card Ridge pre plat and SAO zoning,doc
Road at the west property line. There may be a concern that this connection will result in cut
through traffic using Camp Cardinal Road and Kennedy Parkway between Iowa City and
Coralville. This will be only a temporary situation as the new Camp Cardinal Boulevard, which
should be competed by the fall of 2006, will provide a better connection when it is complete.
Kennedy Parkway and Camp Cardinal Road will serve as collector streets for the adjacent
subdivisions. Because Kennedy Parkway is a collector street (with a traffic level of 2,500 VPD
before secondary access would be required), there are no capacity issues with extending it to
accommodate the Cardinal Ridge development. There are 104 lots in Walnut Ridge, and 93
proposed lots in Cardinal Ridge. This equals 197 lots x 7 trips per day = 1,379 total estimated
trips using Kennedy Parkway. A traffic count from June 2003 found only 555 VPD using
Kennedy Parkway near it's midpoint (near Shagbark Court). This traffic count also found an
65th°,/o speed of southbound traffic of 39 MPH, coming down a grade on Kennedy Parkway. While
the traffic volumes are not high, this speed of traffic would warrant targeted speed enforcement by
the City Police Department. Because Kennedy Parkway is currently a dead-end street, it is safe
to say the speeding vehicles are residents, visitors of residents, or construction vehicles from
homes being built in Walnut Ridge.
Sanitary Sewer: Section 14-7C-2 of the subdivision regulations require that sanitary sewer lines
be extended to the subdivision boundaries and beyond, as necessary to provide for the extension
of sanitary sewer to adjacent properties. This requirement is necessary so as not to deny
essential infrastructure to adjoining properties and to allow the city to grow in an orderly fashion.
Given the topography of this area, the City Engineer has determined that it will be necessary to
provide a sanitary sewer extension to the north and at least one and possibly two extensions to
the south. The plat currently does not show an extension to the north or south.
Because there may be alternative ways to provide sanitary sewer service to the land to the
south, rather than requiring two sewer connections to the south, the City Engineer proposes
that a blanket sanitary sewer easement be granted to cover all portions of Outlot C south of the
east-west sanitary sewer and that one sewer line extension be planned for the eastern ravine.
The blanket easement will provide for the possibility of a second sewer line extension to the
adjacent property to the south. But the provision of at least one extension to the south is
necessary, so the City proposes that the applicant have the option of building the eastern sewer
line to the south at this time or in lieu of building the sewer making payment to the City for the
estimated cost of design and construction of that line. In the event that the property to the
south develops with sewer service from another direction, the amount paid would be refunded.
Without provision of sanitary sewer lines to the adjacent properties, staff would not recommend
approval of the Cardinal Ridge subdivision.
Storm water management: A regional storm water facility will be built upstream along with the
Camp Cardinal Boulevard project. Therefore a storm water facility will not be required within the
Cardinal Ridge subdivision. Storm water will be piped to the stream as discussed above.
Open Space: According to the neighborhood open space formula, 2.17 acres of public open
space or fees in lieu of are required for a subdivision of this size. The Parks and Recreation
Commission is considering requiring the dedication of a portion of Outlot C for an east to west
trail, if it is possible to obtain the cooperation of the Walnut Ridge Home Owners Association and
the University of Iowa to extend the trail to the east to connect to the Clear Creek Trail. If a trail
network is not possible on adjacent properties the Parks and Recreation Commission would want
fees in lieu of dedication of open space within the Cardinal Ridge subdivision, due to the nature of
S:\PCD\Staff Reports\REZ03-00019Card Ridge pre plat and SAO zoning.doc
the open space not begin suitable for a neighborhood park.
Utility Tap-On Fees: Water main extension fees of $395 per acre are required.
STAFF RECOMMENDATION:
Staff recommends that REZ03-00019/SUB03-00024, be deferred pending resolution of the
deficiencies and discrepancies noted below. Upon resolution of the deficiencies and
discrepancies noted below, staff recommends that REZ03-00019/SUB03-00024, a request for a
rezoning from Interim Development Single Family Residential, ID-RS, to Low Density Single
Family / Sensitive Areas Overlay, OSA-5, and the Sensitive Area Development Plan and
preliminary plat for Cardinal Ridge an approximate 92.31 acre, 93-1ot residential subdivision
located west of Walnut Ridge, be approved.
DEFICIENCIES AND DISCREPANCIES:
1. The reference to condominium development should be removed form Outlot G. The notes
should read: "reserved for future development".
2. A sanitary sewer line extension should be shown to the north property line.
3. A sanitary sewer line extension should be shown to the south property line or an
alternative agreement should be reached to provide sanitary sewer lines to the property to
the south. A blanket sanitary sewer easement should be shown on the o
4. The required 100 foot wetland buffer should be shown within Outlot C.
5. The wetland mitigation plan should address the items noted in staff report.
6. Kennedy Parkway corner lots should have notes requiring access to local streets.
7. The area of steep slopes to be disturbed should be noted on the plat
8. Woodlands should not be removed from the protected slope buffers on lots 51-53.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Wetland buffer modification request (dated Ma, y 18)
^pproved by:
Karin,Franklin, Director,
Department of Planning and Community Development
S:~PCD\Slaff Reports\REZ03-00019Card Ridge pre plat and SAO zoning.doc
IDRS
P
p P PID2H---
SITE LOCATION: West of Walnut Ridge SUBO3-OOO24/REZ03-O0019
Date: July 6, 2005
To.' Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ05-03-00019/SUB03-00024 Cardinal Ridge
At the June 16 meeting, the Commission requested additional information about the items
discussed below. A questioned was raised regarding whether the properties to the north of
Cardinal Ridge are in Iowa City or Coralville. The attached map illustrates the new corporate
limits after the recent severance of land from Iowa City and its annexation into Coralville. As
shown on the map there are two properties consisting of approximately 30 acres located north
of Cardinal Ridge that are in Iowa City and will require sanitary sewer service from Iowa City.
Questions were raised about the Kennedy Parkway traffic counts conducted in 2003. New
traffic counts are currently being conducted by the City and results should be available for July 6
Commission meeting.
The Commission asked what could be done about the lack of sidewalks on Kennedy Parkway.
There are three mechanisms for funding sidewalk installation: 1) the sidewalks could be
installed by the City and adjacent property owners could be assessed for the cost, 2) the
Walnut Ridge Home Owners Association could fund the installation or 3) the property owners
could lobby the City Council to fund the installation of sidewalks through the Capital
Improvements Program.
Staff received a Revised Preliminary Plat and Sensitive Areas Development Plan for Cardinal
Ridge on Friday, July 1 and hopes to have review comments for the July 6 Planning and Zoning
Commission meeting. A representative of the Public Works Department will be at the July 6
meeting to address questions regarding sanitary sewer extensions.
Attachments: Preliminary Plat
Map of Corporate Limits
City of Iowa City
MEMORANDUM
Date: July 6, 2005
To: Planning and Zoning Commission
From: Robed Miklo
Re: REZ03-00019/SUB03-00024 Cardinal Ridge
At the June 16 meeting questions were raised about the traffic counts conducted on
Kennedy Parkway in 2003. The Transportation Planner has conducted new traffic
counts over the last two weeks. The preliminary results of compared to the 2003
traffic counts are compared below.
Kennedy Parkway Traffic Counts - Vehicle Trips Per Day (VT/D)
2003 2005
Butternut Lane 555 817
Near Melrose Ave. 978 1000'
*Estimate due to malfunctioning counter. The south bound counter registered 450
vehicles. The north bound counter did not register any vehicles. Additional counts
are bein.q
taken
The national average of vehicle trips per day for single-family homes is 10. Based
on local surveys, the City estimates that a single family home will generate an
average of 7 vehicle trips per day. The average vehicle trips pre day for houses in
Walnut Ridge may be higher than other local subdivisions or the national average.
In 2003 there were 86 single family homes in Walnut Ridge and 978 vehicles were
counted enter and leaving the subdivision. This results in an average of 11.37
vehicle trips per day (978/86=11.37).
If the 11.37 vehicle trips per day number is applied to the total development
potential of Walnut Ridge (101 lots) and the current proposal for Cardinal Ridge (93
lots) there would be an estimated 2205 vehicle trips per day on Kennedy Parkway.
The City's secondary access guidelines indicate that 2500 vehicle trips per day is
the threshold at which secondary access should be considered.
Location: Kennedy Perkw, v JCCOG
RequestedDate recorded:by: June 2s*. July 1.2oo5. ~~/S'"v/ / PEED 2005 Traffic Count Program
85th %: 35.0 ~
Bur~ ~
SPEED
SPEED %: 39.0 mph
85th %:
SPEED ,-SPEED
85th %: 85th %: 38.5 mph
SPEED
85th %: 31.6 mph
SPEED '~ ~
85th %: 29.7 mph
Melrose Ave.
Numbers shown indicate 24-hour
average daily traffic
Data reco.rded.by NC97 HI-STAR data classitler
If there are any questions, contact the JCCOG
Transportation Planning Division at 356-5235.
HOLLAND & ANDERSON LLP c. Joseph Holland
123 N. Linn St., Suite 300 jholland@icialaw.com
P.O. Box 2820 Lars G. Anderson
Iowa City, IA 52244-2820 landerson@icialaw.com
Phone: (319) 354-0331
Fax: (319) 354-0559 LeAnn Heun
lheun@icialaw.com
May 18, 2005
Bob Miklo
Planning & Zoning Department
City of Iowa City
410 E. Washington St.
Iowa City, IA 52240-1826
RE: Cardinal Ridge
No:
Dear Bob:
This letter is a follow up to the meeting we had on Tuesday, May 17. As you
are aware the Applicant, Southgate Development Company, Inc., is requesting buffer
averaging with respect to certain wetlands delineated within the boundaries of the
proposed Cardinal Ridge subdivision.
I am enclosing a copy of a Memo dated June 8, 2004, from Liz Maas to Scott
and Larry at MMS. I include this in part because it provides information about the
delineated wetlands and because I want to refer to certain identified wetland areas
by the lettering used on the map which is apart of that Memo. From our discussions
on Tuesday I understand that wetlands D and E are the two primary areas we need
to address. The concerns over wetland areas A, B, and C have been largely resolved,
although wetland area B does somewhat figure into this request since future
development may raise the same issue with respect to that area.
In Ms. Maas Memo she indicates a general agreement that these wetland areas
are "of poor quality" or of "lesser quality." According to her memo, Gene Walsh of
the Army Corps. of Engineers indicated a 15 to 20-foot buffer zone around these
particular wetlands would be sufficient.
! am enclosing an excerpt from a June 2003 Wetland Delineation Report by
MMS. (I understand that full report was submitted to the City, but let me know if
that is not correct and I will see that it is.) The "wetland drainageways" referred to
in that excerpt are the areas A-E, inclusive, as labeled in the Maas memo. As this
excerpt indicates, the wetlands along the stream corridor are much higher quality
wetlands and deserving of more protection than the drainageways.
Buffer averaging is allowed where an increased buffer is necessary or desirable
to provide additional protection to one area for esthetic or environmental reasons.
The stream corridor and the "wooded wetland" adjacent to the creek are areas which
are worthy of additional buffering. Those areas are of higher wetland quality.
Southgate is proposing to provide buffers well beyond what is required for the
stream corridor and wooded wetland to protect those valuable natural resources, as
a part of the buffer averaging allowed by Section 16-K-l-(G)(3)(b)(3).
The increased buffering which Southgate proposes for the wetland is as much
as 200 feet, e.g. south of proposed lots 64 and 65, where the buffer requirement in the
Ordinance is only 100 feet. In fact, the buffering exceeds the minimum almost
everywhere in the proposed development. The buffer is maintained at a minimum
at a distance of 100 feet in all areas, except where it is shown on the current
preliminary plat as 52 feet behind lot 22 and 50.87 feet behind lot 24 for wetland areas
E and D. It is also shown as 41.7 feet at the southeasterly edge of outlot E near
wetland area B.
The effect of buffer averaging, as shown on the current plat, is to increase the
total buffer area by almost one acre, as a consequence of the increase in the distance
to the buffer line.
Southgate has made every effort to design this subdivision consistent with
good environmental practices. It could be possible to move certain lots farther to the
south and decrease the buffer (which is shown as Outlot C.) For both environmental
and aesthetic reasons Southgate would prefer not to do this.
The buffer averaging provisions also include aesthetic reasons as a criteria
which make it necessary or desirable to provide additional protection to one area.
By providing additional buffering along the stream corridor this allows for more
open space along the stream corridor. This will be an aesthetic benefit to the
residents of the subdivision, the residents of nearby properties, and to the City as a
whole. This is a goal recognized in the December 21, 2001 Memorandum of
Understanding "Clear Creek Master Plan and Camp Cardinal Road."
There are criteria set out in Section 14-6K-l(G)(3)(b)(4) which do not relate
directly on buffer averaging, but which relate to reduced buffering. While these do
not apply directly, I think that they are helpful in interpreting the intent of the
Ordinance as a whole and in considering whether buffer averaging is appropriate.
Those criteria do address the environmental and aesthetic concern which are matters
which specifically relate to buffer averaging.
The first criteria is "the proposed land use of the property and its potential
impact on the wetland." Obviously, we are dealing with a residential subdivision.
Human activities and the runoff from the properties probably have the biggest long
term impact on the wetland. Obviously, construction disturbances have some
impact. The increase buffering in certain areas will certainly help to minimize or
mitigate the potential impact on the wetlands along the stream corridor.
The second criteria is "the design and layout of the proposed development in
relation to the wetland." As I said earlier, great care has been taken to attempt to
follow the natural topography and to provide greater than required separation
(buffering) between the residential lots and the wetlands along the stream corridor.
The next criteria is "the physical characteristics of the site and the wetland."
As the Maas report noted, the wetlands where the buffer would be reduced as part
of the averaging are Iow quality wetlands. The site lends itself better to protecting
the higher quality wetlands along the stream corridor by an increased buffer. The
buffer averaging still allows significant protection for even those Iow quality
wetland.
The final criteria is "any other factor related to the short- or long-term
environmental stability and health of the wetland." It would seem apparent even to
lay people like you or I that the substantially increased buffer, by 100% in places, will
help accomplish the greatest protection for the wetlands in this area from the effects
of human activity.
In summary, there are many factors which satisfy the provisions of the
Ordinance to allow buffer averaging. We hope that the City staff will agree that the
proposed buffer averaging is appropriate for this subdivision and approve this
request. If you need clarifications or further information please contact me.
Very truly yours,
CJH:jm ~lland
cc: Glenn Siders
Karin Franklin
Larry Schnittjer
Cardinal e
Iowa City, Iowa
/ ~
50' s~i~E AMBurrER [ WETLANDs,,,,,. AND BUFFER TOTALS r -- ID, ~,~1~- WETLANDs,524't3 ACRESACR[S D
WETLAND BUFFER E~IBIT MMS CONSUhTANm, INC.
CARDINAL RIDGEiowA CITY, IOWA ~lO'signeO b~ D ~ Ch'eked b~jEM
MMS Consultants, Inc. MEMO COP
1917 S. Gilbert Street
Iowa City, Iowa 52240
Date: 06/08/04
Project No.
To: Scott and Larry
From: Liz Maas
Re: Cardinal Ridge request for a wetland buffer reduction and averaging
Larry and Scott -
Here is a revised copy of the wetland buffer reduction and averaging request with the revisions you
requested. Please review it when you have a chance and if I need to change other things - please let
me know. I will have it corrected and ready to go whenever you need it.
Liz
REQUEST FOR A WETLAND BUFFER REDUCTION FOR
CARDINAL RIDGE
IOWA CITY, JOHNSON COUNTY, IOWA
Request to the City of Iowa City for a Wetland Area Buffer Zone Reduction and
averaging for the Cardinal Ridge Subdivision off of Camp Cardinal Road. This proposed
development is in the northwestern quarter of Section 7, Township 79 North, Range 6
West in Iowa City, Johnson County, Iowa.
MMS Consultants, Inc., on behalf of our client Southgate Development, would like to
request a wetland buffer reduction. A wetland delineation for this property was
completed and transmitted to the City of Iowa City in 2003. A total of 0.39 acres (16,988
sq.ft.) ofpalustrine; emergent; broad and narrow-leaved persistent wetland (Wetlands A,
B, C, D and E) and 4.13 acres (179,902 sq.fi.) of palustrine; forested; broad-leaved
deciduous (wooded wetland) wetland were delineated.
Area for which a buffer reduction is requested:
Total existing wetland acreage on this property is 4.52 acres. The wetland areas do not
contain species identified by the federal and/or state governments as endangered or
threatened; and do not provide critical or outstanding habitat for any species of that type.
The small drainageway wetland areas that run down slope to join the small blue line
creek do not contain diverse plant associations of infrequent occurrence or of regional
significance and they themselves are not identified as a blue line streams on any USGS
topographical maps (Figure 1). In addition, the wetlands associated with the blue line
stream do not contain diverse plant associations of infrequent occurrence or of regional
significance.
In a year of average precipitation, the wetland area does not contain standing water
throughout the calendar year and does not provide a known habitat for migratory birds of
local or regional significance. Only those portions of wetland immediately adjacent to
the blue line stream have been delineated as wooded wetland.
In addition to the above evidence, on the 19th of May, 2003 MMS Consultants Inc.
Wetland Specialist Liz Maas met on-site with Julie Tallman from the City of Iowa City
Building Department. At that time, there was agreement that the "emergent" wetland
areas (Wetlands A, B, C, D and E) along the hill slopes were of poor quality and that a
request for a buffer reduction would be considered by the City. Then again on the 18th of
June, 2003, Liz Maas from MMS Consultants Inc, Julie Tallman, Ron Gaines and John
Yapp from the City of Iowa City met on-site with Gene Walsh from the U.S. Army Corps
of Engineers. Mr. Walsh walked the property with all those in attendance and also
recognized the lesser quality of the hill-slope wetlands and recommended a 15-20 foot
buffer zone around wetlands A, B, C, D and E. Reducing the 100' required buffer to an
averaged 50' buffer does not seem unreasonable.
The attached Figure 2 depicts the proposed buffer zones. A 50' buffer zone surrounding
the hill-slope wetland labeled "A" would be approximately 1.34 acres in size. MMS
proposes an averaged 2.38 acre buffer zone as shown in the attached drawing. The
remaining hill slope wetlands and wooded wetland areas along the creek will be buffered
by a proposed 9.26 acre buffer zone; compared to a 50' buffer which would be 8.52
acres. In total, an 11.64 acre buffer zone is proposed instead of a 50' buffer which would
be 9.86 acres. This proposal provides an additional 1.78 acres of buffer. Based on these
considerations, MMS Consultants Inc. would like to request both a 50' buffer reduction
and buffer averaging for this project.
WETLAND DELINEATION REPORT
CARDINAL RIDGE
JOHNSON COUNTY, IOWA
Prepared For:
Southgate Development
and
The United States Army Corps of Engineers
Prepared By:
MMS Consultants Inc.
1917 Gilbert Street
Iowa City, Iowa 52240
MMS Project No. 2265-138
.1
June, 2003
_,]
Vegetation
Much of the natural vegetation of this site has been converted to agricultural use.
However, it is evident from the site photographs that the wetland drainageways have not
been recently planted. The upland agricultural areas investigated also support upland
weed species such as smooth brome (Bromus inermis), various foxtail species
(Alopecurus spp.), dandelion (Taraxacum officinale), Canadian thistle and rough cockle-
bur (Xanthium strumarium). In the upland fencerows, upland tree, shrub and vine species
include common hackben'y (Celtis occidentalis), red mulberry (Mo~ts rubra), choke
cherry (Prunus virginiana), Tartarian honeysuckle (Lonicera tatarica), morning glory
(lpomoea purpurea), and multiflora rose (Rosa multiflora).
The wetland drainageways having been constantly disturbed by adjacent planting and
harvesting do not support as wide a vegetative variety as that found within the wetlands
adiacent to the creek. Instead herb species within the drainageways include reed canary
grass (Phalaris arundinaceae), tussock sedge (Carex stricta), and Ohio goldenrod
(Solidago ohioensis). Wetland tree, shrub and vine species include American elm
(Ulmus americana), silky dogwood (Comus amomum), and black willow (Salix nigra).
In comparison, the wetland area adjacent to the creek supports hydrophytic (water-
loving) herb species~ such as reed canary grass (Phalaris arundinaceae), Ohio goldenrod
(Solidago ohioensis), common blue violet (Viola papilionacea), clearweed (Pilea
]2umila), joe pye weed (Eupatoriadelphus maculatus), boneset (Eupatorium perfoliatum)
and jewelweed (Impatiens capensis). Hydrophytic shrub species include common
elderberry (Sambucus canadensis) and silky dogwood (Cornus amomum). Hydrophytic
tree species are also found within the creek wetland boundaries~ these include American
elm (Ulmus americana), slippery elm (Ulmus rubra), green ash (Fraxinus pensylvanica),
black willow (Salix nigra), box elder (Acer negundo), sugar maple (Acer saccharinum),
and Eastern cottonwood (Populus deltoides).
Hydrology
Since the entire property drains to the federally regulated creek along the southern
boundary of the property; overall hydrology of this site is dominated by drainage of the
south facing slopes. The four small agricultural drainageways that lie between the rolling
topography of the property drain to the creek. The drainageway wetlands flow either
directly to the creek by washouts or are directly adjacent to the wetland area associated
with the creek. In order to have a complete understanding of the different wetland areas,
specific hydrology is discussed below. In addition, lhe drainageways and wetlands within
them are labeled and identified in Figure 4.
Drainageway 1
The most westerly drainageway, Drainageway 1, contains two pockets of wetland
(Wetlands A and B). One sits on the northern end of the drainageway and is connected to
a second, more southerly wetland by a washout ditch. The second wetland pocket is
directly adjacent to the wetland surrounding the creek.
PHELAN TUCKER MULLEN
WALKER TUCKER GELMAN LLP
321 East Market A T T O R N E Y $ A T L A W
Post Office Box 2150
Iowa City, Iowa
52244-2150
Phone: (319) 354-1104
Fax: (319) 35445962 July 13, 2005 .
E-mail addresses:
.attorney's last name
@ptmlaw.com Mayor Emie Lehman
www. ptmlaw, com City Council Members
City of Iowa City
410 E. Washington Street
William V. Phelan Iowa City IA 52240
Bruce L. Walker Re: Rezoning/Subdivision of Cardinal Ridge
REZ03-00019/SUB03-00024
Richard M. lucker
Dear Mayor Lehman and City Councilors:
Thomas H. Gelman
I have been asked by the Walnut Ridge Owners Association to communicate
Gary J. Schmit
concerns relating to the rezoning of land west of and adjacent to Walnut Ridge
Subdivision. The Association is an organization of all of the owners of real estate
Margaret P. Winegarden located in all phases of Walnut Ridge Subdivision and now includes in excess of
90 families.
John E. Beasley
Dean D. Carrington The principal concern of the Walnut Ridge home owners is the increased traffic
that will result on Kennedy Parkway and its implications for the safety of all
Susan J. Frye persons living in Walnut Ridge Subdivision and/or otherwise using Kennedy
Parkway. This concern is a consequence of proceeding with the build out of
Cardinal Ridge Subdivision before adequate street infrastructure is provided.
Serious safety concerns will be created as a consequence of deficiencies in the
Pope S. Yamada timing and sequencing of the installation of adequate street infrastructure.
Daniel W. Boyle More specifically, the Cardinal Ridge subdivision property is currently in an
interim development residential zone (ID-RS). The reason it has this designation
is the result of inadequate infrastructure. The proposal is to rezone the Cardinal
Ridge area to low density single family, but the current plans for the subdivision
William M. lucker do not provide for appropriate street infrastructure to handle the extra burdens for
[I922-2003]
either the development of the 93 currently platted lots or Outlots E and G which
Charles A. Mullen are for future development. The 93 platted lots, if no other access is provided,
[1937-2001] will double the residential traffic load on Kennedy Parkway with the potential for
even further increase when lots E and G are built. The proposal for Cardinal
July 13, 2005
Page 2
Ridge rezoning and subdivision does not indicate when, if ever, an adequate
secondary access route will be provided to relieve the burden that will be placed
on Kennedy Parkway within Walnut Ridge Subdivision as Cardinal Ridge and
possible adjacent areas are built out.
Although Kennedy Parkway within Walnut Ridge Subdivision is referred to as a
"collector" street, this is not really an appropriate characterization. Rather, when
Walnut Ridge Subdivision was built, the developer (the same developer now
building Cardinal Ridge) impressed upon the Planning and Zoning Commission
and the City of Iowa City that Kennedy Parkway would be a limited traffic road
and did not need to be built to collector street standard. Based on everyone's
expectations that Kennedy Parkway would carry a lower traffic volume than a
typical collector street, the standards (and the developer's costs) were reduced by
permitting fewer sidewalks and a narrower pavement width than would normally
have been required for a collector street. As such, Kennedy Parkway, as it
meanders through Walnut Ridge Subdivision, is a hybrid of sorts between a
collector and local street and was not built (nor anticipated) to handle maximum
collector street traffic volume.
City staff has indicated that Kennedy Parkway, as a "collector street", should be
able to handle increased traffic imposed by the development of Cardinal Ridge.
However, recent traffic counts have indicated traffic levels at upwards of 40%
higher than national average for the number of trips per household in the Walnut
Ridge Subdivision. Based on the configuration of the subdivision, including the
distances to an arterial street and public transportation, this is not surprising and
is likely to be the same for Cardinal Ridge Subdivision. At an average of 10 or
more trips per household for Walnut Ridge and Cardinal Ridge Subdivision (plus
additional potential for the build out of Outlots E and F) it is very likely that a
maximum capacity for collector streets will be reached on Kennedy Parkway
before build out of Cardinal Ridge - even though no one anticipated such heavy
traffic and the Parkway is not designed for maximum loads. A safe secondary
access to an arterial is needed sooner rather than later.
Safety issues of Kennedy Parkway that will be directly and negatively impacted
as a consequence of subdivision infrastructure construction, vehicles, residential
construction vehicles and increased residential traffic include, but are not limited
to, the following relating uniquely to Kennedy Parkway:
1. Four foot sidewalk on only one side of the Parkway (below collector
street standards);
2. Sidewalk crosses the Parkway four times;~
3. Seven intersecting streets along the Parkway; ~:
4. No sidewalks on local streets;
5. Topography and street layout contributing to documented higher speeds;
6. Street pavement width (narrower than collector street standards);
July 13, 2005
Page 3
7. The street is more than three quarters of a mile long and will be extended
approximately an additional one quarter mile with no secondary access to
an arterial street.
Issues relating to safety may only be temporary, until adequate
infrastructure is installed. However, the length of the temporary concern is
not clear because the developer has made no commitment as to when
Kennedy Parkway will be extended beyond Cardinal Ridge Subdivision
approximately a quarter of a mile to connect to the new arterial alignment
of Camp Cardinal Boulevard which is now scheduled for completion in the
summer or fall of 2006.
The owners of Walnut Ridge Subdivision would hope these legitimate safety
concerns could be balanced with the interest of allowing the developer to
proceed. However, doing so may require imposing certain conditions on the
developer in a Conditional Zoning Agreement. Such balancing of interests could
be met by imposing some or all of the following conditions:
Alternate One: Require connection to arterial sooner.
Until Camp Cardinal Boulevard is completed and Kennedy Parkway is extended
and connected to the Boulevard;
· provide an alternate temporary construction access (other than on
Kennedy Parkway) for all infrastructure and residential construction
vehicles;
· reasonably limit build out of Cardinal Ridge Subdivision (i.e. 25% of
currently platted lots);
· do not allow development of Outlots E and G or any other real estate that
would use Kennedy Parkway as a primary access;
· do not permit connection of old Camp Cardinal Road to Kennedy
Parkway until new Camp Cardinal Boulevard is completed.
Alternate Two: Permit a delayed connection to arterial.
After new Camp Cardinal Boulevard is completed if there will be a delayed
connection to Kennedy Parkway to the new Boulevard:
· provide an alternate temporary construction access (other than on
Kennedy Parkway) for all infrastructure and residential construction
vehicles;
· reasonably limit build out of Camp Cardinal Ridge Subdivision (i.e. 25%
of currently platted lots) until Kennedy Parkway is connected to old
Camp Cardinal Road in an improved and updated condition;
· condition the development of Outlots E and G and any other reM:estate
that might use Kennedy Parkway, prior to its connection to the new Camp.
Cardinal Boulevard, on an analysis of traffic on Kennedy parkway
through Walnut Ridge Subdivision. -.. ~-
July 13, 2005
Page 4
As indicated by the suggestions, the concern is for an undue burden being placed
on Kennedy Parkway before other appropriate road infrastructure (new Camp
Cardinal Boulevard arterial; improved old Camp Cardinal Road; connection of
Kennedy Parkway to improved Camp Cardinal Road; and extension of Kennedy
Parkway to new Camp Cardinal Boulevard arterial) is completed in an
appropriate sequence to handle the increased traffic and prevent increased safety
risks being placed on Kennedy Parkway. By obtaining reasonable assurances of
when Kennedy Parkway will be extended and connected to the new Boulevard,
or restricting build out until such time, would seem to be reasonable alternatives
to accommodate safety concerns and the developer's project.
The imposition on the developer through the use of a Conditional Zoning
Agreement of reasonable build out restrictions until adequate infrastructure is
completed will address safety concerns while still allowing development to
progress. Your fullest consideration of these matters will be greatly appreciated.
Very truly yours,
cc:
30 Alder Court
Iowa City, IA 52246
July 12, 2005
Council Members
410 East Washington Street
Iowa City, IA 52240
Dear Members of the Iowa City Council:
We are writing at this time to ask your help to avoid a serious safety problem that we believe will
be created if you approve the recommendations of the Planning and Zoning Commission
regarding the Cardinal Ridge Development. It is our understanding that Kennedy Parkway, the
sole access road through the Walnut Ridge Subdivision, will become the collector street for the
construction vehicles and other traffic generated by the development of Cardinal Ridge. As
residents of the Walnut Ridge, we drive Kennedy Parkway multiple times daily and we know that
this road is not designed to serve as a collector street for another large neighborhood. Walnut
Ridge is a residential subdivision where children get on and off the bus on Kennedy. Traffic
studies in June 2003 and in June 2005 confirm that 85% of the traffic already exceeds posted
speed limits by 14mph. The rolling nature of the terrain through this neighborhood is conducive
to speeding violations even by those who are trying to watch their speed. Additional traffic on this
road by construction and residential vehicles will only exascerbate this problem, resulting in a
major public safety concern.
The Walnut Ridge Home Owners Association has drafted some reasonagble alternatives that we
support. We ask the City Council to give them serious consideration:
1. Not opening Kennedy Parkway until it is connected to Camp Cardinal Boulevard.
Cardinal Ridge development could proceed, but construction traffic would access
Cardinal Ridge via temporary construction roads. The Kennedy Parkway juncture
between Walnut Ridge and Cardinal Ridge would not be opened until Kennedy Parkway
is completed to Camp Cardinal Blvd.
2. Restricting development within Cardinal Ridge until Kennedy Parkway is connect to
Camp Cardinal Boulevard: Cardinal Ridge development of Phase I (specific number of
units TBD), and construction traffic would access Cardinal Ridge via temporary
construction roads (or, if necessary, Kennedy Parkway). The Kennedy Parkway juncture
beyond Cardinal Ridge Phase I would not be opened until the rest of Kennedy Parkway is
completed to Camp Cardinal Blvd,
3. Restricting development of additional outlets that are slated for "future development" until
Kennedy Parkway is connected to Cardinal Boulevard.
We are proposing these alternatives as reasonable limits on the amount and duration of excess
traffic on Kennedy Parkway. It is our understanding that Kennedy Parkway will inevitably be
connected to Camp Cardinal Boulevard as part of the Camp Cardinal project. Our alternatives
would merely ask for some recognition of our concerns and would create an incentive for
Southgate to complete this connection sooner. We believe that the safety of the neighborhood
children is worth these modests limitations.
We appreciate your consideration and attention to our request.
James M. Baker
July 2, 2005
Mayor Ernest Lehman and
The Iowa City City Council
Dear Mayor and Council members:
I am a resident of the Walnut Ridge subdivision. I am extremely concerned
about the development of the Cardinal Ridge subdivision prior to adequate
roadways being completed to handle the additional traffic.
Certainly my main concern is for the safety of all citizens who would be
using Kennedy Parkway, both on foot and in cars. But, I have other
concerns as well.
I attended the Planning and Zoning Commission Meeting on July 6. It was
clear that the Commissioners had never been on Kennedy Parkway If they
had, they would have recognized that Kennedy Parkway was never intended
to handle a high volume of traffic. It has twists and turns, curves, an incline
and it's narrow for a road that is used as a "collector" street. If that were to
provide the only entry and exit for Walnut Ridge and Cardinal Ridge, even
temporarily, God help us, if a car stalls out, and an ambulance is needed on
the other side of where the car is blocking the roadway.
The gentleman, who presented the statistics on traffic volume, said that the
studies were conducted in June of 2003 and June of 2005. June is not the
right time for traffic studies for this area. This is a subdivision; most of the
homes have children living in them. School is not in session in June, so the
study did not portray an adequate picture of the true volumes for 9 months
out of the year. My personal volume is 5 times greater during the school
year. So, volume was definitely underestimated! And, wait till the West
High students (who have off-campus lunch) find out that they can cut
through Walnut Ridge to get to the Mall! It will be one big traffic mess!
The situation was compared to First Avenue. It is not like First Avenue at
all. First Avenue is better equipped than Kennedy Parkway is to handle
traffic.
It was brought up that we don't have adjoining side walks on Kennedy
Parkway. The developer asked for it to be this way, to give the feel of
"country living." It was approved by the "then" Planning and Zoning
Commission. One of the current Commissioners said "Don't blame us we
weren't on the Board then." She went on to say, "Your Homeowners
Association should build sidewalks. We'll never agree to build a
subdivision again without sidewalks." That doesn't help us, now; it's
expensive to put in sidewalks after the fact. And for some homes, it would
still be a dangerous situation, if their kids were playing in their yards.
Ironically, the same developer who made a fortune selling lots in Walnut
Ridge and his wife selling homes here, used the "country living" feature as a
selling point. He's the one who asked for no sidewalks and he's the one that
told us there wouldn't be a need to continue Kennedy Parkway, any
development in back of Walnut Ridge would have its own entry. He's really
changed his tune now that he's ready to develop Cardinal Ridge.
Those of us, who have lived with the development of Walnut Ridge, have
lived with the sounds of bulldozers and other heavy equipment coming
through our subdivision, followed slow moving trucks and trailers, and had
endless dust that all this heavy equipment churns up just by passing by. We
should be done with it, not starting over with a whole new subdivision
needing access via the only way into this area.
Right now, WalnUt Ridge is a rather tranquil place to live. We have paid
dearly to live here and continue to pay very high property taxes. We should
be able to have some peace and quiet and not a steady stream of traffic
coming through. We want to protect our property values!
The attorney for our Homeowners Association has offered some very viable
alternatives to solve this issue. Please vote against rezoning the 92 acres
west of Kennedy Parkway and east of Camp Cardinal Road until the
developer agrees to use temporary construction roads and until Camp
Cardinal Boulevard is completed.
I appreciate your help in this matter.
Sincerely,
Mary T. and Thomas M. Tanner
314 Butternut Lane
52246
July 12, 2005
Mayor Ernest Lehman and
The Iowa City City Council
'and Council members: /
/
I am a re he Walnut Ridge subdivision. I am extremely/concerned
about the of the Cardinal Ridge subdivision prio?"to adequate
roadways being ~leted to handle the additional traffic. /
Certainly my main is for the safety of all citizen would be
using Kenned3 loth on foot and in cars.
concems as well.
I attended the Planning and Commission on July 6. It was
clear that the Commissioners never been on Parkway If they
had, they would have reco arkway was never intended
to handle a high volume of traffic. :has twi: and turns, curves, an incline
and it's narrow for a road that is use, llector" street. If that were to
provide the only entry and exit and Cardinal Ridge, even
temporarily, God help us, if a car stallsis needed on
the other side of where the car is
The gentleman, who presented the ~c volume, said that the
studies were conducted in June and ,f2005. June is not the
right time for traffic studies area. This is ; most of the
homes have children living ' School is notsession in June, so the
study did not [ of the true ,lumes for 9 months
out of the year. My pers volume is 5 times the school
year. So, volume was underestimated! And, till the West
High students (who off-campus lunch) find out that can cut
through Walnut Ri~e to get to the Mall! It will be one bi mess!
/
The situation w~ compared to First Avenue. It is not like ~enue at
all. First Ave~e is better equipped than Kennedy Parkway is to'handle
traffic.//,/. ., ,
It was brought up that we don't have adjoining side walks on Kennedy
Parkway. The developer asked for it to be this way, to give the feel of
"country living." It was approved by the "then" Planning and Zoning
Commission. One of the current Commissioners said "Don't blame us we
weren't on the Board then." She went on to say, "Your Homeowners
Association should build sidewalks. We'll never agree to build a
subdivision again without sidewalks." That doesn't help us, now; it's
expensive to put in sidewalks after the fact. And for some homes, it would
still be~ dangerous situation, if their kids were' in their yards.
Ironicall, same developer who made a fortune s~ lots in Walnut
Ridge and selling homes here, used the ~ living" feature as a
selling point. :'s the one who asked for no and he's the one that
told us there be a need to continue Parkway, any
of Walnut Ridge would its own entry. He's really
changed his he's ready to Cardinal Ridge.
Those of us, who have with the devek of Walnut Ridge, have
lived with the sounds and equipment coming
through our subdivision, slow tracks and trailers, and had
endless dust that all this iust by passing by. We
should be done with it, not a whole new subdivision
needing access via the only s area.
Right now, Walnut Ridge is a place to live. We have paid
dearly to live here and continue to high property taxes. We should
be able to have some peace and and a steady stream of traffic
coming through. We want to values!
The attorney for our Association .ha{offered some very viable
alternatives to solve this Please vote againsk,rezoning the 92 acres
west of Kennedy Parkway east of Camp Cardin,~ Road until the
developer agrees to use te~ ~orary construction roads~nd until Camp
Cardinal Boulevard is cof~ [eted.
I appreciate your help ~this matter.
Sincerely, /
Mary T. and Thom, Cs M. Tanner
35~244~utternut L~n~
Page 1 of 1
Marian Karr
From: John and Myrna Farraj [jamfarraj@mchsi.com]
Sent: Saturday, July 09, 2005 12:00 PM
To: cou ncil@iowa-city.org
Subject: Kennedy Parkway Traffic Load
Council Members:
Kennedy Parkway will become even more dangerous for the Walnut Ridge residents if provision
isn't considered to limit the traffic load during the development of Cardinal Ridge. The least that
can be done is to provide access from the other direction during the construction process. We urge
you to move in that direction.
Sincerely,
John and Myrna Farraj
53 Kennedy Parkway
Iowa City, IA 52246
jamfarr¢~mchsi, corn
7/11/2005
Page 1 of 1
Marian Karr
From: Tim Hawkins [finanres@yahoo.com]
Sent: Wednesday, July 13, 2005 7:37 AM
To: cou ncil@iowa-city.org
My name is Tim Hawkins and I live at 14 Redbud Place in Iowa City. This address is in the Walnut Ridge
Subdivision. I am the last house off of Kennedy Parkway. I have seen the plans for the proposed Cardinal
Ridge Subdivsion. I am not against the subdivsion, just have concerns with the access points and the safety of
my young children. I would hope that the council would consider temporary roads and or not opening Kennedy
Parkway until it's connected to Camp Cardinal Boulevard and have construction traffic access the development
via temporary roads.
Start your day with Yahoo ~ make it~vour home pa~ge
7/13/2005
Page 1 of 1
Marian Karr
From: Rich & Corie Lineback [lineback@mchsi.com]
Sent: Tuesday, July 12, 2005 8:10 AM
To: cou ncil@iowa-city.org
Subject: Cardinal Ridge Development
Gentlemen:
We are writing to express our tremendous concern regarding the commencement of construction in the Cardinal Ridge
development, and the proposed plan to allow all construction vehicles to access to Cardinal Ridge via Kennedy Parkway.
As it is well known, Kennedy Parkway is the main artery for the existing Walnut Ridge neighborhood which is home to
dozens of families, many with school aged children. Allowing the multitude of construction vehicles that would accompany
a housing development to flow through Kennedy Parkway will create an extremely dangerous environment for all
residents, but especially for our children. As parents our concerns are many:
1) Large and heavy construction vehicles hauling machinery having limited ability to see children walking, skating, on a
scooter or riding a bicycle.
2) Previous experience with construction workers working on homes throughout the final Phases of Walnut Ridge has
been that the majority drive large pick up trucks or SUV type vehicles, enter and leave the area numerous times during
the day, usuaIly while exceeding the speed limit on Kennedy Parkway and talking on cell phones.
3) The large number unknown persons this would bring into a residential area. Parents continually keep a watchful eye
to unrecognized persons and vehicles in their neighborhood with thought to the safety of their children and their homes.
Increasing the number of strangers tenfold in a neighborhood is every parents nightmare, with the increased possibility it
brings of burglary to their homes, or worse yet injury, death or abduction of a child.
4) In August 2004 First Student, Inc., the busing company contracted by the Iowa City Community School District,
formally notified families in Walnut Ridge that all children, regardless of age or disability, would be picked up and dropped
off by the buses only at stops located on Kennedy Parkway. When contacted the ICCSD defended this decision citing
regulations that allow children to be required to walk as far as one half mile to a designated bus stop. Workers and
machinery would be traveling to construction sites via Kennedy Parkway in the same early morning hours, sometimes in
the dark, that the ICCSD has required children to be standing at Kennedy Parkway waiting for their buses.
Two years ago a home on our street was burglarized during the daytime hours while the stay at home Mother was out
briefly. A neighbor reported to the police having witnessed a vehicle with out of state plates leaving the street in the
timeframe of the burglary, and sighted again the following week driving slowly down the same street, the driver wearing a
stocking cap pulled down to completely cover his hair. Iowa City police detectives traced the vehicle to an out of state
construction worker employed by a home builder in the neighborhood.
Please do not expose our families to these types of potential dangers unnecessarily. For our safety all construction traffic
must access Cardinal Ridge via temporary construction roads.
Sincerely,
Richard & Corinne Lineback
348 Butternut Lane
Iowa City
7/12/2005
Page 1 of 1
Marian Karr
From: Bob Miklo
Sent: Thursday, July 14, 2005 2:23 PM
To: 'todd mckinley'
Cc: *City Council
Subject: Kennedy Parkway
Dear Dr Mckinley:
At its July 6 meeting The Planning and Zoning Commission made a recommendation to the City Council that the Cardinal
Ridge Subdivision be approved. The Commission did encourage the developer to use Camp Cardinal Road for a
construction access when possible, but did not require it as a condition of approval of the rezoning. During the
Commission's discussion the Commission acknowledged the difficulty of enforcing restrictions of certain vehicles on public
streets. Perhaps this is the reason the Commission chose not to recommend that the City Council impose such a
condition in this case.
The City Council will hold a public hearing on the rezoning for the Cardinal Ridge rezoning at its August 2 meeting at 7:00
PM and will consider the Planning and Zoning Commission's recommendation as well as comments from the developer
and neighboring property owners.
Robert Miklo
Senior Planner
City of Iowa City of Iowa City 410 E. Washington Street
319 356 5240
From: todd mckinley [mailto:t.mckinley@mchsi.com]
Sent: Wednesday, July 06, 2005 9:32 PM
To: Council@iowa-city.org
Subject:
To the Iowa City Council,
I am a resident of Walnut Ridge. I have been made aware that the planned route for construction traffic will be through
our neighborhood for the subdivision that will be built adjacent to Walnut Ridge to the west. Please explain to me the logic
in selecting this routing. There is a road available to construction traffic that would not go through any residential area
except for a few houses. There are a lot of children in our neighborhood, many of which are play every evening on
Kennedy Parkway. It would take just one truck vs. pedestrian to make everyone realize that this was a bad idea. These
injuries are completely preventable and the city council's decisions are dangerous. I would appreciate a response to this
email.
Todd McKinley
Orthopaedic Trauma Surgeon
University of Iowa Department of Orthopaedic Surgery
449 Butternut Lane
319-351-9270
7/14/2005
Marian Karr
From: Deborah L. Segaloff [deborah-segaloff@uiowa.edu]
Sent: Wednesday, July 13, 2005 10:02 PM
To: council@iowa-city.org
Cc: deborah-segaloff@uiowa.edu
Subject: Cardinal Ridge Develpment
Dear Iowa City Council Members:
We are writing to voice our concerns regarding the increased traffic that will likely
occur on Kennedy Parkway in the Walnut Ridge development upon the start of building new
homes within the adjacent Cardinal Ridge development.
We moved into our home in Walnut Ridge one year ago. With both of us employed by the
University, we like the relative quiet and rural atmosphere to Walnut Ridge and its close
proximity to the University. Having twelve-year old twins, we also sought to relocate to
a home that would permit our children to walk or ride their bicycles to high school.
Therefore, it came as a very unpleasant surprise to us to learn that Kennedy Parkway, a
relatively narrow and winding road with only one sidewalk that crosses the street back and
forth several times, is designated as a collecting street and, therefore, is expected to
assume the increased traffic that will result from the development of the Cardinal Ridge
area.
Having attended the recent zoning meeting on July 6, 2005, it was stated by one of the
staff that the anticipated increased traffic on Kennedy Parkway (estimated to be 2000 cars
per day) would be within the limits of a collector street. We ask the members of Council
to consider the fact that this estimate was based upon a traffic count taken in a summer
month (June 2005) when school is out and many residents are on vacation and that as
acknowledge during the zoning meeting one of their meters was not operating properly. As
such, the traffic count taken during the school year and with all meter functioning
properly would most likely yield a much higher traffic count. Secondly, although Kennedy
Parkway is now being called a collector street, it was not built as a collector street.
It is relatively narrow, curved, and does not have sidewalks on both sides of the street.
The amount of traffic permitted to flow on Kennedy Parkway should realistically take into
account its actual design (originally approved some years back by the Iowa City Council)
and not that it is now termed a collector street.
These safety concerns will only be exacerbated by the increased flow of construction
vehicles on Kennedy Parkway that will occur if the Cardinal Ridge Development is allowed
to proceed as planned. We have lived in Iowa City for fifteen years and love it here. We
have watched the city grow and we are not against developing the Cardinal Ridge area. We
are simply asking that Cardinal Ridge be developed differently to alleviate the increased
traffic that will occur on Kennedy Parkway. With regards to the development of Cardinal
Ridge, we would like Council to consider the following alternatives:
1. Not opening Kennedy Parkway until it is connected to Camp Cardinal
Boulevard: Cardinal Ridge development could proceed, but construction traffic would access
Cardinal Ridge via temporary construction roads. The Kennedy Parkway juncture between
Walnut Ridge and Cardinal Ridge would not be opened until Kennedy Parkway is completed to
Camp Cardinal Blvd.
2. Restricting development within Cardinal Ridge until Kennedy Parkway is connected to
Camp Cardinal Blvd: Cardinal Ridge development Phase I (specific number of units TBT),
and construction traffic would access Cardinal Ridge via temporary construction roads (or
if necessary, Kennedy Parkway). The Kennedy Parkway juncture beyond Cardinal Ridge Phase
I would not be opened until the rest of Kennedy Parkway is completed to Camp Cardinal
Blvd.
3. Restricting development of additional outlots that are slated for "future development"
until Kennedy Parkway is connected to Cardinal Boulevard.
To alleviate safety concerns regarding the increased traffic flow on Kennedy
1
Parkway that will result as the Cardinal Ridge development grows, we further
ask that:
1. Additional sidewalks be constructed on Kennedy Parkway.
2. Speed bumps be installed on Kennedy Parkway to control the traffic speed and
discourage motorists other than residents from using it.
Thank you for your consideration of these matters.
Sincerely,
Deborah Segaloff and Mario Ascoli
53 Burr Oak Court
Iowa City, IA 52246
338-5041
Suggestions to Reasonably Accommodate the Interests of both
the Developer of Cardinal Ridge Subdivision and the Residents
in Walnut Ridge Subdivision
Possible Provisions to be incorporated in to a Conditional Zoning
Agreement in connection with the Rezoning from ID-RS to OSA-5
Alternate 1- Until Camp Cardinal Boulevard is completed and
Kennedy Parkway is extended and connected to the Boulevard:
· Delay a through connection to existing Kennedy Parkway.
Alternate 2 - Until Camp Cardinal Boulevard is completed and
Kennedy Parkway is extended and connected to the Boulevard:
· Provide an alternate temporary construction access(other than
on Kennedy Parkway) for all infrastructure and residential
construction purposes; and
· Reasonably limit build out of Cardinal Ridge subdivision (i.e.
25% of currently platted lots); and
· Do not allow development of Outlots E & G; and
· Do not permit connection of Old Camp Cardinal Road to
Kennedy Parkway.
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00003)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES FROM INTENSIVE
COMMERCIAL (C1-1) ZONE AND MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) ZONE TO
COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED BETWEEN NORTH DODGE
STREET AND DODGE STREET COURT EAST OF CONKLIN LANE (REZ05-00003).
WHEREAS, the property owner, Southgate Development Companies, has requested a rezoning to allow
for a mixed use commercial and multi-family development in an area currently zoned C1-1 and RS-8; and
WHEREAS, the North District Plan, an element of the Comprehensive Plan, indicates that this area may
be appropriate for a mixed use commercial/residential development provided neighborhood compatibility
issues are addressed; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan if certain conditions are adhered to; and
WHEREAS, Iowa Code 414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy
public needs directly caused by the requested change; and
WHEREAS, the applicant acknowledges that said conditions and restrictions are reasonable to ensure
appropriate mixed-use development that is compatible with adjacent residential development; and
WHEREAS, the applicant has agreed to develop this property in accordance with the terms and
conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this
area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, the parcel described below is hereby reclassified from its current zoning designations of
C1-1 and RS-8 to CC-2:
LEGAL DESCRIPTION
A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING IN THE NORTHEAST
ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE 5TM P.M., IOWA CITY, JOHNSON COUNTY, IOWA
ACCORDING TO THE RECORDED PLAT THEREOF, THE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005024
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER
OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE S00°35'41"W, 526.30 FEET; THENCE N89°56'46"E, 45.47 FEET TO THE
NORTHEAST CORNER OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT
RECORDED IN BOOK 3672 AT PAGE 954 IN THE RECORDS OF THE JOHNSON
COUNTY RECORDER AND THE POINT OF BEGINNING AT A POINT ON THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE
CONTINUING N89°56'46"E, 0.86 FEET TO A 1 INCH PIPE ON SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE; THENCE N57°00'09"E, ALONG SAID SOUTHEASTERLY RIGHT-
OF-WAY LINE, 235.37 FEET; THENCE N57°13'00"E, ALONG SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3
OF JACOB RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA
ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT
Ordinance No.
Page 2
PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE
N88°O4'36"E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00°12'49"VV,
334.12 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE
S89°59'21"W, ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE N01°14'32"E, 10.00
FEET; THENCE S89°59'21"W, 324.64 FEET TO A POINT ON THE SOUTHERLY
EXTENSION OF THE EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN
ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 955 IN SAID RECORDER'S
RECORDS; THENCE N00°42'29"E, ALONG SAID SOUTHERLY EXTENDED LINE AND
LONG SAID EASTERLY LINE, 106.01 FEET TO A POINT ON SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE N57°02'22"E, ALONG
SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 35.72 FEET TO THE POINT OF
BEGINNING, CONTAINING 2.19 ACRES AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION Ill. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to
sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to cedify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or pad thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20
MAYOR
ATTEST:
CITY CLERK
Approved by
'
~ i t'y A~'~ e'y's"O ffi c e
Ppdadmin/ord/mz05-o0003.doc
Prepared by: Robed Miklo Senior Planner, 410 E Washington St, Iowa City, IA 52240, 319-356-5240 (REZ05-0003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT ~s made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City"), and Southgate Development Company (hereinafter "Owner").
WHEREAS, the Owner is legal title holder of approximately 2.19 acres of property located south
of Dodge Street, east of Conklin Lane and north of Dodge Street Court; and
WHEREAS, the Owner has applied to rezone the property from Intensive Commercial (C1-1)
and Medium Density Single-Family (RS-8) to Community Commercial (CC-2); and
WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning
subject to conditions related to ensuring that the property develops in a manner consistent with
the Comprehensive Plan and compatible with the adjacent neighborhood; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs that are directly caused by the requested change in zoning; and
WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to
ensure that the property develops in a manner consistent with the Comprehensive Plan and
compatible with the adjacent neighborhood; and
WHEREAS, Owners agree to use this property in accordance with the terms and conditions of
a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties
agree as follows:
1. Southgate Development Company is the owner and legal title holder of the property legally
described as follows:
LEGAL DESCRIPTION
A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING 1N THE NORTHEAST ONE-
QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TM P.M., IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO
THE RECORDED PLAT THEREOF, THE BOUNDARIES OF WHICH ARE DESCRIBED AS
FOLLOWS:
AUDITOR'S PARCEL 2005024
Conditional Zoning Agreement (REZ05-0003)
Page 2
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF
THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST
OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE
S00°35'41"W, 526.30 FEET; THENCE N89°56'46"E, 45.47 FEET TO THE NORTHEAST CORNER
OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT
PAGE 954 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE PO1NT OF
BEGINNiNG AT A POiNT ON THE SOUTHEASTERLY RIGHT-OF-WAY LiNE OF IOWA
STATE HIGHWAY NO. 1; THENCE CONTINUING N89°56'46"E, 0.86 FEET TO A 1 INCH PIPE
ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE N57°00'09"E, ALONG SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE, 235.37 FEET; THENCE N57°13'00"E, ALONG SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY
LINE OF LOT 3 OF JACOB RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY,
IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED iN PLAT BOOK 16
AT PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE
N88°04'36"E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00°12'49"W, 334.12
FEET TO A POINT ON THE SOUTHERLY LiNE OF SAID LOT 3; THENCE S89°59'21"W,
ALONG SAID SOUTHERLY LiNE, 81.66 FEET; THENCE N01°14'32"E, 10.00 FEET; THENCE
S89°59'2 i"W, 324.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE
EASTERLY LiNE OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED
iN BOOK 3672 AT PAGE 955 iN SAID RECORDER'S RECORDS; THENCE N00°42'29"E,
ALONG SAID SOUTHERLY EXTENDED LINE AND LONG SAID EASTERLY LINE, 106.01
FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT-OF-WAY LiNE OF IOWA STATE
HIGHWAY NO. 1; THENCE N57°02'22"E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY
LINE, 35.72 FEET TO THE POINT OF BEGINNING, CONTAINING 2.19 ACRES AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Parties acknowledge that Iowa Code Section 4'14.5 (2005) provides that the City of
Iowa City may impose reasonable conditions on granting an applicant's rezoning request,
over and above the existing regulations, in order to satisfy public needs directly caused by
the requested change.
3. In consideration of the City's rezoning the subject property, the Owner agreos that
development of the subject property will conform to all other requirements of the Zoning
Chapter, as well as the following conditions:
a. The property shall develop in general conformance with the concept site plan and concept
sketches attached hereto and incorporated herein. Any subdivision or site plan shall generally
conform to the concept site plan. Any significant changes from the concept site plan and concept
sketches shall require review and approval of the Planning & Zoning Commission.
b. Buildings on this property shall develop in general conformance with the concept sketches
attached hereto and incorporated herein. The buildings to be constructed on this property will
be brick buildings limited to 2 stories in height and featuring store front windows, canopies or
awnings and upper story fenestration as illustrated on the concept sketches.
c. The building labeled on the concept site plan as a financial institution may be used for a financial
institution or another use permitted in the CC-2 Zone.
d. Other than a possible exit drive for a financial institution drive-through,' there shall be no
driveways serving commercial uses on Dodge Street Court. Auto and truck oriented uses,
including drive-through financial institutions, require approval of a special exception. Nothing in
this agreement waives this requirement. If a financial institution drive-through is not located as
shown on the concept plan, the area labeled as a "drive-thru exit" shall consist of lawn or
landscaping.
e. To assure adequate pedestrian access sidewalks will be provided in the general locations shown
on the concept site plan.
Conditional Zoning Agreement (REZ05-0003)
Page 3
f. To create an adequate buffer between residential and commercial development a minimum 5 foot
tall brick screen wall and trees shall be installed along Dodge Street Court as shown on the
concept site plan and concept sketches.
g. Other than signs permitted on the buildings by the Iowa City Sign Regulations and as further
regulated below, exterior signs will be limited to two monument signs on Dodge Street in the
general locations shown on the concept site plan. If a monument sign is located at the corner of
Dodge Street and Conklin Lane it shall be located no farther than 20 feet back from the Dodge
Street right-of-way. No signs shall be permitted on the south side of any building. Within 50 feet
of Dodge Street Court right-of-way, no signs shall be permitted on the west and east sides of the
building labeled as a financial institution. Within 200 feet of the Dodge Street Coud right-of-way,
no signs shall be permitted on the east side of the commercial/retail building.
h. Any lighting of the financial institution drive-through canopy shall be recessed into the underside
of the canopy
i. The owner will pay the ¼ the cost (not to exceed a payment of $60,000) of improving the portion
of Dodge Street Court located adjacent to this property to City standards. The owner will
dedicate sufficient right-of-way to bring the street right-of-way width to 50 feet.
j. The owner will dedicate 10 feet of right-of-way for Conklin Lane.
k. The property will be designed to drain storm water away from Dodge Street Court.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code Section 414.5 (2005), and that said
conditions satisfy public needs which are directly caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a covenant 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. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or future owners from complying with all applicable local,
state, and federal regulations.
8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office at the applicant's expense.
*** Remainder of this Page has been left Blank Intentionally ***
Conditional Zoning Agreement (REZ05-0003)
Page 4
Dated this day of ,2005.
OWNER CITY OF IOWA CITY, IOWA
SOUTHGATE DEVELOPMENT
COMPANY, INC.
By¸
Teresa L. Morrow Ernest W. Lehman, Mayor
Vice-President
By.
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
Conditional Zoning Agreement (REZ05-0003)
Page 5
OWNER'S ACKNOWLEDGEMENT
State of , County of ss:
This instrument was acknowledged before me on the day of ~, 2005 by
Teresa L. Morrow, as Vice-President of Southgate Development Company, Inc.
Notary Public in and for the State of Iowa
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of Iowa, County of Johnson, ss:
On this. day of , 2005, before me, the undersigned, a notary public for the state of Iowa,
personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who, being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa,
executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation
by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of
said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily
executed.
Notary Public for the State of Iowa
PpdadminXagt\CZA-REZ05 -0003 Southgate.doc
Conditional Zoning Agreement (REZ05-0003)
Page 4
Dated this day of ,2005.
OWNER CITY OF IOWA CITY, IOWA
SOUTHGATE DEVELOPMENT
COMPANY, INC.
By.
Teresa L. Morrow Ernest W. Lehman, Mayor
Vice-President
By.
Marian K. Karr, City Clerk
Approved by:
Qity Attorney's Office
pt
Site ~lan
No~h Dodge
Development
Iowa City, Iowa
SouthGate
North Dodge
Development
Iowa City, iowa
Concept
Sketches
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo
Item: REZ05-00003 North Dodge Street Date: June 16, 2005
GENERAL INFORMATION:
Applicant: Southgate Companies
P.O. Box 1907
Iowa City, IA 52244-1907
Contact Person: Glenn Siders
Phone: 337-4195
Requested Action: Rezoning from RS-8 and C1-1 to CC-2
Purpose: Development of mixed used building and
bank
Location: 1126, 1128 and 1425 N. Dodge Street
Size: 2.19 acres
Existing Land Use and Zoning: Commercial building and vacant
Surrounding Land Use and Zoning: North: Residential- RS-5
South: Residential- RS-8
East: Undeveloped - RS-8
West: Cemetery and Commercial -
CC-2 and CN-1
Comprehensive Plan: Mixed Use
File Date: March 1, 2005
45 Day Limitation Period: Waived to June 16
BACKGROUND INFORMATION:
An approximate 1 acre portion of this property with frontage on North Dodge Street (Hwy. 1) is
zoned Intensive Commercial (C1-1) and contains a commercial building and parking lot. The C1-1
zone is intended to provide areas for sales and service businesses that are typically characterized
by outdoor display, storage and/or sale of merchandise, repair of motor vehicles, outdoor
commercial amusement and recreational activities or by activities conducted in buildings or
structures no( completely enclosed. The remaining approximate 1.25-acre portion of the property
with frontage on Dodge Street, Conklin Lane and North Dodge Street Court, is zoned Medium
Density Single-Family Residential (RS-8) and until recently contained two houses. The RS-8 zone
is intended to provide for development of small lot single-family dwellings. Duplexes are allowed
as provisional uses on lots with a minimum lot area of 8,700 square feet.
The proposed Community Commercial (CC-2) zone is intended to provide for major business
districts to serve a significant segment of the total community. In addition to a variety of retail
uses, these centers may typically feature large traffic generators requiring access from major
thoroughfares.
ANALYSIS:
Compliance with Comprehensive Plan: The North District Plan states: "...the plan
designates the area directly east of Dubuque Road and Conklin Lane as appropriate for a
mixture of residential and commercial development. Careful consideration must be given to the
design of any development in these areas to assure that it is compatible with the adjacent
residential neighborhoods. Development ideally will be mixed use with a residential component
facing Dodge Street Court. Vehicular access for commercial uses will be limited to the current
curb cut on Dodge Street. This will require shared access for these properties. If it is not
possible to achieve a mixed use development adjacent to Dodge Street Court the preferred use
is residential similar to the existing residential development in the area."
Appendix B of the plan defines Mixed Use as: Areas intended for development that combines
commercial and residential uses in a single building. The commercial component should
emphasize locally oriented retail, service, and office uses that will compatible with surrounding
residential development. Commercial uses will typically be located on the ground floor with
housing above. Development is intended to be pedestrian-oriented with buildings close to and
oriented to the sidewalk.
The applicant has submitted a concept site plan, which illustrates their intent for development of
the property if the rezoning is approved. The concept plan does illustrate some of the elements
envisioned by the North District Plan for the area. A mixed use commercial/residential building
is proposed in the north east corner of the property. A bank with drive-through lanes is
illustrated in western portion of the property. A landscaped berm and brick wall are proposed
to screen the commercial development from the dwellings on North Dodge Street Court.
Proposed Conditional Zoning Agreement: Given the expectations outlined in the North
District Plan and the fact that there are existing homes and the potential for further residential
development directly across Dodge Street Court and to the east of this property - in staff's
opinion any commercial rezoning should be subject to a Conditional Zoning Agreement (CZA).
The CZA should spell out requirements for development of this property that are in addition to
the requirements of the CC-2 zone. Staff recommends that the CZA address the following
issues based on the need to provide a good buffer for the residential zone to the south and east
and to document some of the elements shown on the applicant's concept plan:
Buildinq desi.qn: Brick buildings limited, to 2 stories and featuring store front windows, canopies
or awnings and upper story fenestration as illustrated on the elevation drawings submitted.
Staff has requested an elevation of the east side of the building which will be visible from Dodge
Street and the adjacent residential zone.
Pedestrian access: Sidewalks are required between the Dodge Street public sidewalk and the
proposed buildings. We recommend that a sidewalk be provided between Dodge Street Court
and the two story commercial building. The landscape strip between the residential and
commercial parking may be a good location for this sidewalk. A sidewalk will be required in the
right-of-way adjacent to Conklin Lane and Dodge Street Court. The City will construct the
sidewalk on Dodge Street as part of the reconstruction project currently underway.
Landscaping and screeninq: To create an adequate buffer along Dodge Street Court, the City
Forester recommends that white pines be planted 35 feet on center within the 20 foot setback.
He also recommends crab apple trees be planted 30 feet on center within the street right-of-
way between the sidewalk and the curb. He suggested red splendor or prairie fire. There may
be other species of trees that meet the objective of creating a screen between the residential
area the commercial development but also provide more variety.
The applicant's plan includes an 8-foot high masonry wall on top of a 2-foot high berm along
Dodge Street Court. This will result in a 10 foot high barrier between the Dodge Street Court
and the commercial development. In lieu of such a large wall staff recommends that the wall be
5 feet high with some articulation such as taller piers and decorative brick work. The wall at the
Ardenia Condominiums at the corner of Kirkwood Avenue and Marcy Street is a good model
(photo attached). With this design and the trees recommended by the City Forester, a more
open and pleasant pedestrian environment could be created. The zoning code requires that the
parking area for the apartments be screened, so we would recommend that the wall be
continued to the residential driveway. Evergreens would be appropriate at the south end of the
garage.
Street trees are required at a ratio of 1 tree for every 60 feet of street frontage along Dodge
Street and Conklin Lane. These trees should be planted on the property rather than in the
street right of way. The screening trees on Dodge Street Court will satisfy the street tree
requirements along that street.
Signs: Staff recommends that other than signs permitted on the buildings, that signs be limited
to two monument signs on Dodge Street. If one of the monument signs is located at the corner
of Dodge and Conklin Lane it should be no farther than 20 feet back from the Dodge Street
right-of-way. We recommend that no signs be permitted on the south side of either building, on
the west and east side of the bank building within 50 feet of Dodge Street Court right-of-way, or
on the east side of the two stow building within 200 feet of Dodge Street Court - again, this is
to help make this commercial development compatible with the adjacent residential zone.
Liqhtin,q: Staff has requested more specific information about the site lighting plan including
any lighting proposed for the residential parking area. Our goal is to minimize effects on the
adjacent residential zone. Any lighting under the bank drive-through canopy should be
recessed into the underside of the canopy to avoid glare.
Street improvement: Because it will provide access to the multi-family residential parking area,
Dodge Street Court will need to be brought up to City standards. Staff recommends that the
applicant be required to pay for half the cost of the street adjacent to their property. The City
would pay for the other half. Additional right-of-way will be necessary to bring the street right-
of-way width to 50 feet.
Access: The North District Plan states that commercial access will be limited to one curb cut
onto Dodge Street. The applicant's concept plan includes a drive-through bank exit onto Dodge
Street Court, a residential street. Given the specificity of the District Plan regarding no
commercial access to Dodge Street Court, staff does not feel we have the latitude to
recommend something expressly contrary to the Plan.
Sensitive Areas: Although there is a wooded ravine to the east of this property and some mature
trees associated with the houses that were located on Conklin Lane, there are no known sensitive
areas regulated by the Sensitive Areas Ordinance on this property. Many of the trees will be
removed for the Dodge Street reconstruction project currently underway. The applicant's plan
would result in the removal of the remaining trees.
4
STAFF RECOMMENDATION:
Staff recommends approval of REZ05-00003 an application to rezone 2.19 acres form RS-8 and
C1-1 to CC-2 be approved subject to a Conditional Zoning Agreement which requires adherence
to the principles of the North District Plan as discussed above.
Attachments:
1. Location Map
2. Applicant's Concept Plan
3. Suggested buffer wall design
Approved -~
Karin Franklin, Director
Departtnent of Planning and Community Development
CITY OF I0~ CITY
SITE LO~TION: ~ ~ ~, ] ~ 28 & ~ 4~5 N. Dodge ~ee~ HEZ05-00003
SouthOa~e
· .. North Dodge
'V ;' ? Development
.,~.., Iowa City, Iowa
Concept
Sketches
City of Iowa City
M MORANDUM
Date: July 6, 2005
To: Planning and Zoning Commission
From: Robert Miklo
Re: REZ05-00003 - Dodge StreetJConklin Lane/Dodge Street Court
At the June 16 meeting, the Commission requested additional information about the
issues discussed below. The Commission asked if an exit drive for the proposed bank
could be located on Conklin Lane. The Transportation Planning Engineer reviewed this
question and confirmed that a driveway should not be permitted on Conklin Lane even if
only an exit drive. The City's standard for the distance of a drive way intersection from a
street intersection with an arterial street is 150 feet. In this case if an exit drive from the
bank entered Conklin Lane, it would be less than 100 feet from the intersection of Conklin
Lane and Dodge Street.
The Commission asked, if an exit on to Conklin Were not be possible, were there any other
alternatives to the bank exit onto Dodge Street Court. Another alternative would be to
have the drive circulate within the site and exit back to the Dodge Street entrance.
Depending on the location of the drive, this alternative may result in the loss of some of
the proposed parking spaces or some of the commercial floor area. An exact count of the
number of parking spaces required is not possible at this time because we do not know
the specific commercial uses that will locate here, or how much of the space will be
devoted to storage and mechanical equipment. Staff estimates the plan has at least the
minimum number of parking spaces required under the current code. Under the
proposed zoning code the property will have excess parking because the requirements for
commercial uses are generally being lowered.
The Commission asked for estimates regarding the number of vehicle trips per day that
would be generated by a drive-through bank and residential uses on this property. If the
Dodge Street Court frontage were developed with residential lots rather than commemial
development, staff estimates that 6 to 10 dwelling units could be accommodated. So
residential traffic would be comparable to the traffic from the 10 multi-family units proposed
by the applicant. Based on 6 -7 vehicle trips per day per dwelling unit, we estimate that
60-70 vehicle trips per day would be generated by residential development of this
property.
The Institute of Transportation Engineers Trip Generation Manual, 7th Edition, indicates
that a bank of the size proposed by the applicant with 3 drive-through lanes (ATM
included) would generate between 966 - 1233 trips per day (50% entering and 50%
exiting). Staff conducted a survey of local banks with drive-through lanes and found that
on average 38 to 58 vehicles exited the drive-through lanes per hour. Based on a 10
hour business day this equals 380 to 580 exiting vehicles per day. This is considerably
more traffic than would be generated by residential development.
The Commission discussed the possibility of requiring that the applicant plant a landscape
screen on Lori Dockery's property across from the proposed bank drive through exit. I
spoke with her and asked if she would be willing to consider allowing Southgate to plant
trees on her property to screen her view of the bank exit. She said that she would but she
believed that there was an easement on that side of her lot and there was not much room
for plantings on that side of her house. She said that she would not be able to attend the
July 6 meeting and wished to reiterate her opposition to the bank drive exiting onto Dodge
Street Court adjacent to her property.
The question of storm water runoff in relationship to the improvement of Dodge Street
Court was raised. If Dodge Street Court adjacent to this property, is improved, it will have
curb and gutter and a storm sewer. This in and of itself however, will not address the
drainage problems being experienced by the property owners to the east and, depending
on how storm water is directed, it may actually increase the problem. Dodge Street Court
currently slopes from west to east and this will not change with the reconstruction. So to
assure that the rate of flow of storm water is not increased to the east, it will be necessary
to drain the storm water across the commercial site toward Dodge Street. The City will
also need to assure that when the commercial site is developed it is graded to drain
towards Dodge Street, not Dodge Street Court.
The applicant has submitted a revised concept plan that includes the landscaping,
screening wall, sidewalks and monument sign locations discussed in the June 16 Staff
Report. We have asked the applicant to submit elevation drawings for the east side of the
commercial building and a lighting plan.
The City Engineer has determined that 10 feet of additional right-of way is required for
Conklin Lane in order to allow a center turn lane and a side walk. We have asked that
the applicant to show this on the concept plan.
%
PROTEST OF REZONING ¢/rr o~ to WA ctrr
IOWA CITY, IOWA
We, the undersigned, being the owners of property included in the proposed zoning
change, or the'owners of property which is located within two hundred feet of the exterior
boundaries of the property for which thc zoning change is proposed, do hereby pwtest thc
rezoning of the following property: ,
This petition is signed and acknowledged by each of us with the intention that such
rezoning shall not become effective except by thc favorable vote of at least thru-fourths
of all the members of the cotmcil, all in accordance with 414.5 of the Code of Iowa,
Owner(s) of ~ "~ Property Address ~
STATE OF IOWA )
)
JOHNSON COUNTY)
Onthis ~-~7 dayof (~ ,20~'.~,beforeme, thetmdersigned,
a Notary public in and for saiil Cdtmty and State, personalty appeared
d 3'//4 '-Z) , 'c z and
to me known to be the identical persons named in and who executed the within and
foregoing instrument and acknowledged that they executed the same aa their voluntary
act and doed.
Notary Public in and for the State
Orig: Subd Folder
cc: CA
Council
Media File
To: The Honorable Mayor & City Council of Iowa City
July 22, 2005
Enclosed please find a Protest Of Rezoning for Dodge
St./Conklin Lane/Dodge Street Ct. I would withdraw
this protest if better drainage can be made possible and
the exit fi.om the bank would be back onto Dodge Street.
I fear the amount of water that will be directed toward my
property would be excessive. I also feel exiting out onto
Dodge Street Ct. would put an excessive amount of traffic
onto this street, especially if further home development
occurs at the east end of the street. There is no egress at
this time for this street.
Thank you.
Sincerely,
Willa Dic
PROTEST OF REZONING CtTr OF iowa ctrr
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of property included in the proposed zoning
change, or the owners of property which is located within two hundred feet of the exterior
boundaries of thc property for which the zoning change is proposed, do hereby protest the
rezoning of the following property:
This petition is signed and acknowledged by each of us with the intention that such
rezoning shall not become effective except by the favorable vote of at least three-fourths
of all the members of the council, all in accordance with 414.5 of the Code of Iowa,
By: ~-,- k ~
· ' l/z'-( la
Owner(s) of ~ ,/\ Property Address ~ txS~z¥ ~
STATE OF IOWA )
) SS:
JOHNSON COUNTY)
Onthis l?''l~ dayo, %~L.)(k/' ,20~'~,beforeme, thetmdersigned,
a Notary Public in and for said Cbunty and State, personally appeared
~ to ~.~ known tS be the identical persons named in and who execJlted the within and
:jj for~-:gging instrument and acknowledged that they executed the same as their voluntary
--,:_ act.. hrld deed.
Notm'Y Publ'lV i~ and"fpr th~tat~of tm~,'a
Orig: Subd Folder
Cc: CA
PCD
Council
Media File
1124 Conldin Lane
Iowa City, IA 52245
July 16, 2005
Members of the City Council
410 East Washinton Street
Iowa City, IA 52245
To the Council,
I am a property owner near the proposed Dodge Street/Conklin Lane/Dodge Street Court
rezoning area. I have enclosed a Protest of Rezoning form. Because I am out of town and
will not return until mid-August, I would like to explain my concerns.
In general I support the rezoning and the development proposed by Southgate. There are
two serious problems, however, both identified by the Planning Commission.
· Drainage toward the east end of Dodge Street Court is likely to be worsened by
the development. Drainage in that area is already poor and it is wrong for the City
to do anything that will make it worse.
· Plans for the proposed bank include an exit onto Dodge Street Court. According
to the Planning Commission Memorandum this exit will generate 380 to 580 trips
per day. This is simply too many trips for a small intersection in a residential
neighborhood. When taken together with additional trips to and from ten new
apartments, it would change the traffic patterns and the complexion of the area in
a substantial and harmful way.
If these two problems are addressed - and I believe they can be - I support the proposed
rezoning and you may disregard my protest fom~. If they are not, I believe the character
of the neighborhood and the general approach to development in the North side far
outweigh the value of this particular development, and I protest the rezoning.
I'd like to express one other related concern. Three of the owners of property in our
neighborhood - all live in the duplexes on Dodge Street Court - have moved away
recently and have been unable to sell their property. This makes it very unlikely that
anyone from those residences will file protest forms, indeed that they will even know
about the process. I hope you will take this into consideration as you move ahead with
this process.
Thank you for your thoughtflal consideration.
PROTEST OF REZONING C Tr OF tOW, J orr
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of property included in the proposed zoning
change, or the owners of property which is located within two hundred feet of the exterior
boundaries of thc property for which thc zoning change is proposed, do hereby pwtcst thc
rezoning of the following property:.
This petition is signed and acknowledged by each of us with the intention that such
rezoning shall not become effective exo=pt by the favorable vote of at least thrce,-fotatha
of all thc members of the council, all in accordance with 414.5 of the Code of Iowa-
Owns(s) o~ Property Addr~
STATE OF IOWA ) ::: : .
) ,~1 ::.
IO SON
~ ~s ~ ~ ~y of ~ ,20 ~ ~fo~ me, ~e ~d~i~
a No~ Pubhc ~ ~d for s~d ~ty ~d S~te, ~ly ~
io me ~o~ W be the id~fi~ p~o~ n~ in ~d who'~ut~
fo~EoinE i~ent ~d achowlgt~ ~t t~y e~ t~ ~e ~ t~k vol~
act ~d d~. ~ ff
No~ ~b~c ~ ~d f& ~e S~* of Iowa
1331 Dodge St. Court
Iowa City, Iowa 52245
July 26, 2005
To: Honorable Mayor and City Council
Iowa City, Iowa
We are submitting a petition in protest of the rezoning proposed by Southgate
Development for Dodge Street/Conklin Lane/Dodge Street Court. With this letter we
would like to explain our specific concerns regarding the rezoning proposal.
We have two main concerns: 1) Under the current proposal, as shown by the Planning
and Zoning Commission's own studies, too many cars will exit from a proposed bank
drive-through onto the small residential street of Dodge Street Court. As one possible
alternative, we would suggest a new design which would route the cars through an exit
onto Dodge Street. 2) We are also concerned that drainage problems, which were
worsened by the recent development of duplexes on Dodge St. Ct. and are already
causing flooding in the basement of our neighbors at the far end of Dodge St. Ct., will
become even worse.
We would encourage the City Council to approve other aspects of the proposal,
especially the architectural and landscaping elements which will help to buffer these
residential streets from the proposed commercial development.
Sincerely,
Mary Lou Emery Stephen Paul Wootton
PROTEST OF REZONING ctrr or to WA orr
TO: HONORABLE MAYOK AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of property included in the proposed zoning
change, or the ovmers of prope,~y which is located within two hundred feet of the exterior
bouadafies of the property for which thc zoning change is proposed, do hereby protest thc
rezoning of the following property:
This petition is signed and acknowledged by each of us with the intention that such
rezoning shall not become effective except by the favorable vote of at least three-fourths
of all the members of the council, all in a~eordanee with 414.5 of the Code of Iowa~
1 ton xoung
Teresa Young 1124 Dodge Stree~r~
Owns(s) of Prope~y Ad&ess
STATE OF IOWA )
)
JOHNSON COUNTY)
On ¢g dayof beCor me, de igned,
a~gta, ry Public in and for said Cohmlty and State, personally appeared
to me known to be th~i.Oentical persons named in and who executed th~/ithin and
foregoing instnunent and acknowledged that they executed the same as their voluntary
act and deed.
! ~ ~ ~ I I~vCommissio~Explre~,r~')/~"~
No~/~.'-'-'
Odg: Subd Folder
Cc: CA
PCD
,July 24, 2805
· To: Honorable Mayor and City Council
Iowa City
i;RE: RezoningofDodgeSt/ConklinLane/DodgeSt. Court
We live at ! 124 Dodge St Court. We would not be opposed to the development of
this area except for two major problems not ~dequa_tely address_d_ _by SouthG~te
.Deuelopment. The rezoning as proposed will impact us in a negatiue way. We
;have two objections: I) Having traffic exit from a drive-through bank onto our
Small street~ and 2) The water runoff from the Southgate~s proposed area onto
_.Dodge St. Court.
Adding a large amount of traffic that will be made from the new apartment
dwellings and bank driv_e-throqgh onto Dodge St Court causes problems for a
~small no outlet road. I am an employee at the Uniuersity Hospital and am also
handicapped. I use the "Bionic Bus" for transportation to and from work, Our
road is always "iffy" when it comes to the bus coming back here in the winter.
Often times the bus has to turn around at the beginning of the road and back all
the way down the street to pick me up or drop me off. We will nearly double the
· population of our neighborhood with the addition of the 18 apartments. Adding 3
bank drive-through lanes onto this street is just too much traffic for this area.
The bank traffic should exit directly onto Dodge Street.
The second problem is the water runoff. We already have a problem from when
the duplexes were built. This caused all the water that would runoff into the
-!previous woods, now to flow east down Dodge Street Court into_our driveway
and basement! Adding a parking lot and buildings without adequate runoff onto
Dodge Street will only increase the amount of water coming down our street,
Clifton and Teresa Young
! 124 Oodge St. Court
City
Iowa IA 52245
PROTEST OF REZONING c~rr o~ :o WA c:rr
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of property included in the proposed zoning
change, or the owners of property which is located within two hundred feet of the exterior
boundaries of thc property for which thc zoning change is proposed, do hcrcby protest thc
rezoning of the following property:
This petition is signed and acknowledged by each of. us with the intention that such
rezoning shall not become effective except bythe favorable vote of at least three-fourths
of all thc members of the council, all in accordance with 414.5 of thc Code of Iowa.
Ownc~(s) of Property Address / -
STATE OF IOWA ) ::
) ss:
JOHNSON COUNTY) __: ':-'
Onthis _/~r dayof /~l~-.~,~ , 20 0~"~, before me, the underSigned''
a Nq4ry Public in and f~0_or sai4 ~y and State, pei~oonally appeared i ! 7
to me known to be the idcntical~ons named in and who executed the within and
foregoing instrument and acknowledged that they executed the same as their voluntary
act and deed.
I'z ~ ~'l My Con~misTion~xp:res !
~ i ~ · Notary Public in and for thc State
Orig: Subd Folder
Cc: CA
PCD
Council
Media File
TO THE HONORABLE MFHOR FIND CJIV COUNCIL OF IOLUA
CITY, IOLUA:
I want to submit my concerns about certain ~ of the
rezoning and development plans for the propertv bounded
b9 Dodge Sl~e,~_,t, Conktin Lane, and Dodge $1~e~t Court b9
Southgate Development Companv:
The development ~ that concerns me is th~ larg~
amount of ~c ~t will ~ ~rat~ ~ ~e driv~in ~nk
exit ~ ~ m~ ~ ~ ~ ~t C~. ~ ~
~rn ~ ~ ~nk ~it ~ ~ C~, ~on ~ C~klin
~, ~ to ~ ~ ~o C~Hin ~ ~ unwlel~
a~ ~9 ~t ~t. It might ~ Im~o~, ff~ mv
~int~f~, if ~ ~nk ~it ~~ dir~9 w~,
¢~i~ CmHin La~, a~ cmtinui~ to ~ ~ S~t
m ~ S~m C~. I ~ ~ i~ if ~t ~ ~r ~
~ C~ff is a pla~ s~t, ~t It's ~ier to ~t ~
No~ ~ S~t ff~ ~e. rm ~i~ ~ ~i~ ~
an ar~it~, ~t I ~ink mV c~rn is ~lid ~ alter~te
m~ ~ ~ ~ld ~ ~1~.
~is~ I have no overall objed:ion to this Southcjate
proJect.
~SincereI,v
Oatricla R. C--dbero (Mm. Robert)
Rugust 1, ~005
PROTEST OF REZONING ciTY on to w~ orr
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of property included in the proposed zoning
change, or the owners of property which is located within two hundred feet of the exterior
boundaries of the property for which the zoning change is proposed, do hereby protest the
rezoning of the following property:
This petition is signed and acknowledged by each of us with the intention that such
rezoning shall not become effective except by the favorable vote of at least three-fourths
of all the members of the council, all in accordance with 414.5 of the Code of Iowa.
Owner(s) of Property AddreSs
STATE OF IOWA )
) 88:
JOHNSON COUNTY) --
On this 2,~'' day of ~'t ,20o~' , before me, the undersigned,
a Notary Public in and for said County and State, personally appeared
~(_v.~Sr~ and
to me known to be the identical persons named in and who executed the within and
foregoing instrument and acknowledged that they executed the same as their voluntary
act and deed.
Notary Pu~c {fi"affd for the State of Iowa
Orig: Subd Folder
Cc: CA
PCD
Council
Media File
PROTEST OF REZONING ctrr or to v~,~ ctrr
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of properly included in the proposed zoning
change, or the owners of property which is located within two hundred feet of the exterior
boundaries of the property for which the zoning change is proposed, do hereby protest the
rezoning of the following property:
This petition is signed and acknowledged by each of us with the intention that such
rezoning shall not become effective except by thc favorable vote of at Ica.st three-fourtl~
of ail the members of the council, ail in accordance with 414.5 oftbo Code of Iowo.
STATE OF IOWA )
) SS: :::~ -?
JOHNSON COUNTY)
On this t~0c day of ~--~J~ ,20 O~, before me, the undersigned,
a Notary ~ublic in and for said County and State, personally appemrcd
lo--m~ known to be the identical persons named m and who executed the w~mm
foregoing instrument and acknowledged that they executed the same as their voluntary
ac~ and deed.
Notary Public in and for the st~e'oflowa
Orig: Subd Folder MICHAEL ALLEN ST. $OHN
Cc: CA Iowa Notarial Seal
PCD Commission No. 181793
Council ~ Commission Expires:
M~dia File '
To Iowa City Clerk:
We are writing to submit a protest to the Dodge Street/Conklin Lane/Dodge Street Court
rezoning in our neighborhood. We protest two aspects of the rezoning: (1) drainage onto
Dodge Street Ct, and (2) traffic flow from the bank omo Dodge Street Ct. We appreciate
your taking our concerns into consideration.
Sincerely,
Steven and Chelsea DellaBetta
1263 Dodge St Ct
Iowa City, IA 52245
PROTEST OF REZONING ctrr O~IOWA ctrr
TO: HONORABLE MAYOK AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of property included in the proposed zoning
change, or the'owners of property which is located within two hundred feet of the exterior
boundaries of thc property for which thc zoning change is proposed, do hereby protest thc
rezorfing of the following property:
This petition is signed and acknowledged by each of us with the intention that such
rezoning shall not bec. omc effective cxcept by thc favorable vote of at least three-fourths
of all thc members of the council, all in accordance with 414.5 of thc Codc of Iowa.
Owner(s) of Propen'y Addre.~
STATE OF IOWA ) - ·
$$: .
;OHNSON COUNTY)
~- i
Onthis O~ .dayof 4~$u~r ,20&_~ .beforeme, theuf~lersgn~,
a Notary Public in and for said County and State, personally appeared
~a~;~ d, ~;~ and
to me known to be the identical persons named in and who executed the within and
foregoing instrument and acknowledged that they executed the same as their voluntary
act and deed.
J ,~,. I SONDRAE FORT
Notary ?ublic in a~d fo~ thc State of Iowa
Orig: SuM Folder
Cc: CA
PCD
Council
Media File
PROTEST OF REZONING orr o~ to wA orr
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of property included in the proposed zoning
change, or the owners of property which is located within two hundred feet of the exterior
boundaries of the property for which fhe zoning change is proposed, do hereby protest the
rezoning of the following property:
This petition is signed and acknowledged by each of us with the intention that such
rezoning shall not become effective except by the favorable vote of at least three-fourths
of all the members of the council, all in accordance with 414.5' of the Code of Iowa.
Owner(s) of Property Address ~'~
STATE OF IOWA )
) SSi
JOHNSON COUNTY)
On this ~}O day of iJ'il,h,l ,20 I)~, before me, the undersigned,
a Notary Public in and for said C-~unty and State, personally appeared,,
to me known to be the identical persons named in and who executed the within and
foregoing instrument and acknowledged that they executed the same as their voluntary
act and deed.
Notary for the State of' I°wa
I',~,.I RACHEL e MEYER: I ' '
Ofig: Subd Folder
PCD
Council !
Media File
Under Iowa law, if the owners of 20% or more of the area located within 200 feet of
a proposed rezoning oppose it, the zone change may only occur with a positive
vote of 6 out of 7 members of the City Council. If you choose to file a protest you
should fill in the first blank line after the first paragraph with "Dodge
Street/Conklin Lane/Dodge Street Court rezoning", sign the form, enter your
property address and have it notarized. The forms need to be returned to the City
Clerk, 410 E. Washington Street, Iowa City, IA 52240, as soon as possible, but no
latter than August 2. They may be returned by mail or hand delivered.
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ05-00008)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 3.16 ACRES FROM INTERIM DEVELOPMENT
RESIDENTIAL ZONE (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5) FOR
PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE
WHEREAS, Day-Ed Limited has applied for a rezoning of approximately 3.16 acres of property from ID-RS to
RS-5; and
WHEREAS, said property is located on the south side of Melrose Avenue and east of Highway 218; and
WHEREAS, the South District Plan identifies the area as appropriate for Iow to medium density single family,
residential development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard public
input, and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. Attached hereto and incorporated herein, the property described below is hereby
reclassified from Interim Development Residential Zone (ID-RS) to Low Density Single-Family Residential zone (RS-
5):
Commencing at the Northwest corner of Galway Hills Subdivision - Part Two, in accordance with the Plat
thereof, recorded 'n Book 35. at Page 269 of the. records of the Johnson County Recorder's oOffice;,, Thencen
~7°'l.~'nn"E alon(~ the Southerly R~ght-of-Way hne of Melrose Avenue, 35.44 feet, Thence ~84,,47 _0_0'_'E_,_a!o .g
said Southerly Right-of-Way ~ne, 121.65 feet, to the POINT OF BEGINNING, Thence SOO 23 00 E, 628./u tee,
to a point on the Northeasterly Rght-of-Way I ne of Highway No. 218; Thence N43°21'50'~N, along ?.aid
Northeasterly Right-of-Way line, 189.34 feet; Thence N30°16'13"W, along said Northeaster y Right-of-Way ~ne,
365.14 feet; Thence N25°31'06"W, along said Northeasterly Right-of-Way~ li,n,e, ,1,80.67 feet, to its intersection
with the said Southerly Right-of-Way line of Melrose Avenue; Thence N88 08 02 E, along said Southerly Right-
of-Way line, 387.90 feet, to said POINT OF BEGINNING; containing 3.16 acres, and subject to easements and
restrictions of record.
SECTION II. ZONING MAP.The Building Inspector is hereby authorized and directed to change the zoning map
of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this
ordinance by law.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of
the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CITY CLERK
~ty ~,~torne~s Office ppdadm/ord/REZ05-O0008.doc
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 8 / 2 / 0.5
Voteforpassage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Sunil Terdalkar
Item: REZ05-00008 Date: June 20, 2005
SUB05-00010 Galway Hills Sub. Part-IV
GENERAL INFORMATION:
Applicant: Dav-Ed Limited
18 Donegal Place
Iowa City, IA 52245
(319) 337-4818
Contact Person: MMS Consultants, Inc.
1917 South Gilbert Street
Iowa City IA 52241
Phone: (319) 351-8282
Requested Action: Rezoning Approval - ID-RS to RS-5 and
Preliminary Plat Approval for the Subdivision of
Galway Hills Part IV
Purpose: Development of Galway Subdivision part IV
Location: South of Melrose Avenue on Galway Drive
Size: 10.41 acres
Existing Land Use and Zoning: Undeveloped - ID-RS and RS-5
Surrounding Land Use and Zoning: North: Residential & undeveloped OPDH-1 & ID-RS
South: Highway 218, Park
East: RS-5 - Galway Hills Subdivision - Part II
West: Highway 218 and undeveloped - ID-RS & P
Comprehensive Plan: Low Density Single-Family Residential
File Date: June 16, 2005
45 Day Limitation Period: August 01, 2005
SPECIAL INFORMATION:
Public Utilities: Sanitary and sewer lines will be extended from
Galway Hills Part 2.
Public Services: The City will provide Police and fire protection. The
City will also provide the refuse and recycling
collection. No transit service is available for this area.
ppdadmin\stfrep\rez05-00008 galway part iv.doc
BACKGROUND INFORMATION:
The applicants, Dev-Ed Limited, are requesting approval for a rezoning from ID-RS to RS-5 for
approximately 3.16 acres located south of Melrose Avenue, abutting Highway 218. The
applicants have also requested approval for a subdivision of approximately 10.31 acres, including
the above mentioned land to be rezoned. The proposed subdivision would include 26 single-
family residential lots and one out lot as part of the overall development of Galway Hills. The first
phase of Galway Hills Subdivision was approved in 1990 and since then approximately 110
single-family residential lots have been developed. Galway Hills also includes a retirement
community and a church on Dublin Drive.
ANALYSIS:
Compliance with Comprehensive Plan:
The Southwest Distract Plan stresses the importance' the of well-designed, diverse
neighborhoods served with streets, sidewalks, trails, neighborhood commercial centers,
institutional uses and open spaces with appropriate designs to suit the surrounding single-family
housing. This particular property is part of the Willow Creek sub-area within the Southwest
District which shows this area as appropriate for single-family lots with a landscape buffer
adjacent to Highway 218. The proposed RS-5 zoning will allow development of single-family
dwellings on lots of minimum area of 8,000 square feet. This zoning is consistent with the future
land use scenario of the South District Plan and is compatible with similar developments in area.
Outlot A provides a buffer between many of the lots and Highway 218/Melrose Avenue. Lots 1-9
however are directly adjacent to Highway 218. Staff suggests that the applicant plant a mixture of
trees at the rear of these lots to create a buffer as recommended by the Comprehensive Plan.
However because those lots are not part of the area subject to rezoning, and the subdivision
regulations do not require a buffer, this is not something that can be required as a condition of
approval.
Subdivision Analysis
The applicant is requesting approval for preliminary plat of Galway Hills Subdivision Part - IV, a
26-1ot single-family residential subdivision. Approval for this subdivision is contingent of above
mentioned rezoning approval on the western part of the proposed development. All of the lots
exceed the minimum 8000 square feet lot area standard and meet the minimum 60 feet lot width
requirement. The design of the subdivision is in general consistent with the subdivision
regulations. The primary access to this property will be from Galway Drive. Galway Drive, a cul-
de-sac street, will be extended from existing development on the east. With the proposed
rezoning and development of the 26-1ot single-family subdivision, approximately 182 trips per day
would be generated. In staff's view this will not result in inappropriate local residential street
volumes.
The property contains sensitive areas such as slopes and woodland. The applicant has provided
a sensitive areas plan that shows protected slopes and associated buffers, critical and steep
slope areas. The plan also shows the wooded area and other isolated trees. Some of the
sensitive area will be affected by the proposed development activity, requiring a sensitive areas
site plan. Outlot A contains most of the protected slopes and adjoining buffers, part of critical and
steep slopes and wooded area. The outlot is proposed to be set aside as private open space.
Proposed lots 10-14 and lots 17-20 will contain some of the protected slopes and adjoining
buffers, while lots 9-15 and 17-24 will contain some of the critical slopes. The plat includes a
construction limit line so that future property owners are aware that the protected slopes and
buffers and portions of the steep and critical slopes shall not be disturbed. The legal papers for
the final plat will also need to address the future preservation of these slopes. The construction
limit line is not necessary for lots 1-8, 16, 25 and 26 as there are no slopes requiring protection
on those lots. Because most of the sensitive features will be included in the private open space
or be protected by the construction limit line, in staff's opinion, the plat conforms with the intent
and requirements of the Sensitive Areas Ordinance.
Neighborhood parkland or fees in lieu of
At the time of development of previous phases of Galway Hills Subdivision, dedication of park
land in the southern part of Galway Hills was agreed upon. No further open space dedication is
required for this part of the development.
Storm water management
This development will share the existing storm water basin on the north-east of this property in
the Galway Hills Subdivision Part II.
Infrastructure fees: Sanitary sewers tap on fees - 2017.44/acre and water main extension fees
- 395.00/acre apply to this subdivision.
Summary:
In general, the proposed rezoning and subdivision design are consistent with the zoning and
subdivision regulations and the Comprehensive Plan. Staff suggests that the applicant plat trees
to buffer lots 1-9 from the Highway 218. The construction limit line should be removed from lots
1-8, 16, 25 and 26.
STAFF RECOMMENDATION:
Staff recommends approval for P, EZ05-00008, an application for rezone 3.16 acres from ID-RS to
RS-5. Staff further recommends of approval of SUB05-00012 Preliminary Plat for Galway Hills
Subdivision Part IV, a 26-1ot single-family residential development on a property of an area of
approximately 10.41 acres.
ATTACHMENTS:
1) Location Map
2) Rezoning exhibit
3) Preliminary Plat
Approved by: /'~//~--~'
P,obert Miklo, Senior Planner,
Department of Planning and Community Development
OPDHS:~ ~
Wes~
High
Sch o ol
ID. RS ~ / ~. ~~~~'~-_~~--~~ P
S~E LOCATION: Galway Drivo REZ05-00008/SUB05-000/~
REZONING EXHIBIT
GALWAY HILLS SUBDIVISION - PART FOUR
IOWA CITY, IOWA
mw*, cra,. ~ow*, ~omw~ ~. ~w~ ~ ~w ~. ~w ~ /-
~ ~ ~ .~_ ....... ~ .........
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LEGEND AND NOTES ~
--: ~~
__ __ -~ ~ ~..
u,l-~lJi ~ Il ~1 ~ REZONING E~IBIT MMS Co.s~,~, I.c.F~%I
......... ~ PRELIMINARY PLAT & SENSITIVE AREAS PLAN
· r-~F:,~.-~.:..~/ GALWAY HILLS SUBDIVISION - PART FOUR
: '" IOWA CITY, IOWA
MAP NOT TO SCALE
08-02-05 I
5f
Prepared by: Jeffrey Banks, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5230 (REZ05-00009)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 2.72 ACRES FROM RESIDENTIAL
FACTORY-BUILT HOUSING (RFBH) ZONE, TO PLANNED DEVELOPMENT
HOUSING-HIGH DENSITY SINGLE-FAMILY (PDH-12) ZONE, FOR PROPERTY
LOCATED WEST OF HEINZ ROAD (REZ05-00009).
WHEREAS, the property owner, The Stables LLC, has requested a rezoning to allow the
construction of a two-story, mixed-use development which includes 30 residential
units and 9,000 square feet of commercial space in an area currently zoned RFBH;
and
WHEREAS, the Planning and Zoning Commission has found that the proposed Planned
Development Overlay (PDH-12) plan provides several attractive design features
including clustered development, parking located behind the buildings and a central
green area; and
WHEREAS, the Planning and Zoning Commission has found the planned development
compatible with surrounding land uses; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the
proposed PDH-12 plan,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. APPROVAL. The parcel described below is hereby reclassified from its
current zoning designation of Residential Factory Built Housing (RFBH), to Planned
Development Housing-High Density Single Family (PDH-12) and the associated
preliminary planned development housing plan is approved -
A portion of the Lot 3 of the Saddlebrook First Addition, Part 1 in Iowa City, Iowa,
as recorded in Recorder's Plat Book 37 - Page 94 lying in the E % SW ¼ and the
SE ¼ of Section 24, T. 79 N., R. 6 W., of the 5th P.M., Johnson County, Iowa,
described as follows:
Beginning at the NW corner of said Lot 3; thence N89°56'44"E - 235.51 feet
along the north line of said Lot 3; thence S09042'27"E - 349.64 feet along east
line of said Lot 3; thence southerly - 99.20 feet along said east line of Lot 3 along
a 2007.00 foot radius curve concave easterly with a central angle of 2°37'56" and
a chord of Sl1°01'25' - 92.19 feet; thence S89°54'36"W - 311.41; thence
N00°05'36'' - 435.39 feet along the west line of said Lot 3 to the Point of
Beginning. Said parcel contains 2.72 acres.
SECTION II. VARIATIONS. Section 14-6J-2-D-7of the City Code provides that
combinations of land uses are permitted, including single family, multi-family and
commercial, and Section 14-6J-2-B of the City Code provides for flexibility in
architectural design, placement and clustering of buildings, use of open space, traffic
circulation and parking, and related site and design considerations. The following
waivers are approved as part of the preliminary PDH plan for the area:
a. The development of a commercial and multi-family residential structure in the
RS-12 zone.
b. The requirement that buildings be separated by horizontal distance equal to
the height of the highest building, to allow the proposed clustering shown on
the PDH plan.
SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to
change the zoning map of the City of Iowa City, Iowa, to conform to this amendment
upon the final passage, approval and publication of this ordinance as provided by
law.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized
and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH
Plan for this Property, and record the same in the Office of the County Recorder,
Johnson County, Iowa, at the Owner's expense, upon the final passage, approval
and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall
be adjudged to be invalid or unconstitutional, such adjudication shall not affect the
validity of the Ordinance as a whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final
passage, approval and publication, as provided by law.
Passed and approved this . day of ,2004.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Aft(~rney s o'trice
Ordinance No.
Page __
It was moved by and seconded by. that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 8/2/0_5
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Jeffrey Banks, Planning Intern
Item: REZ05-00009 Date: July 6, 2005
GENERAL INFORMATION:
Applicant: The Stables, LL.C.
805 S. Gilbert Street
Iowa City, IA 52240
Contact Person: Brenda Nelson,
Phone: 319-627-6818
Requested Action: Rezoning from Residential Factory Built Housing
(RFBH) to Overlay Planned Development Housing
(PDH-12).
Purpose: To allow construction of two-story, mixed use
development with 30 residential units and 9,000
square feet of commercial space.
Location: West side of Heinz Road south of Highway 6.
Size: 2.72 Acres
Existing Land Use and Zoning: Office (former single-family dwelling) - RFBH
Surrounding Land Use and Zoning: North: Multi-family housing, RM-20
South: Manufactured housing, RFBH
East: Multi family housing, OPDH-RSl2 and RM-20
West: Manufactured housing, RFBH
Comprehensive Plan: Duplex and/or small lot single family
File Date: June 14, 2005
45 Day Limitation Period: July 29, 2005
SPECIAL INFORMATION:
Public Utilities: Sanitary sewer and municipal water service are
available to this property
Public Services: Garbage and recycling will be provided by a private
hauler. Police and fire services will be provided by
the City. The nearest bus stop is near Highway 6/
Heinz Road intersection, where both the Mall and
Lakeside bus routes pass.
BACKGROUND INFORMATION:
The Saddlebrook development was annexed into the City in '1994. The annexation and zoning of
this property was subject to a Conditional Zoning Agreement (CZ.A). The major conditions of the
CZA specified that the applicant would provide for wetland protection and mitigation; construction
of a trail network; dedication or payment of fees for neighborhood open space and dedication of a
school site. The subject area was zoned RFBH, Factory-Built Housing Residential zone, at that
time. The applicant is now requesting a rezoning from RFBH to High Density Single Family (RS-
12) and a planned development housing overlay (OPDH) to allow the development of a mixed use
development with offices and retail on a portion of the first floor and residential apartments on
another portion of the first floor and covering the entire second floor. The OPDH request is
necessary to allow the mix of commercial and multi-family proposed by the applicant. The current
zoning designation (RFBH) would allow this area to be developed for manufactured housing units
or limited commercial uses, such as convenience stores, beauty parlors, dry cleaning
businesses, video rental stores and restaurants, designed to primarily serve the residents of the
manufactured housing park.
ANALYSIS:
Comprehensive Plan: This land is located in the South Planning District. The land use plan
for this area indicates that is it appropriate for small-lot single-family or duplex dwelling units.
This designation was given to the property in 1997 and recognized the development plan that
had already been approved for Saddlebrook, including small-lot single family homes in the
RFBH zone. The current RFBH zoning classification allows for manufactured and/or mobile
homes with provisions for limited commercial uses. When Saddlebrook was first planned it was
the developers' intent to include commercial uses, as allowed by the RFBH, on the area now
being requested for rezoning.
The Comprehensive Plan provides guidance for the incorporation of commercial and mixed-use
developments into new neighborhoods. The Plan states that, "Located near an arterial street,
or near an intersection of two collector streets, a neighborhood commercial area associated
with a public square or park can provide a focal point and gathering place for a
neighborhood...shopping areas within convenient walking distance for the residents in the
immediate area, and may include such facilities as a post office substation, a day care center,
small restaurants and a convenient store. The design of the neighborhood commercial center
should have a pedestrian orientation with the stores placed close to the street, but with
sufficient open space to allow for outdoor cafes and patios or landscaping. Parking should be
located to the rear and sides of stores with additional parking on the street. Including public
space, such as a town square in a commercial center, will allow such centers to be a focal point
for their neighborhoods that can serve as an activity center for recreation, seasonal festivals,
farmers markets, play areas and a bus stop. Apartments above businesses can provide
needed housing while increasing the revenue stream for commercial establishments and
enhancing the residential nature of the area. Townhouses or small apartment houses
surrounding the commercial center can increase the customer base for the commercial uses
~qnd make efficient use of the services available in the neighborhood center." (p.21)
The purpose of the PDH overlay zone is to allow flexibility in the use and design of structures
and land in situations where conventional development many be inappropriate and where
modifications of requirements of the underlying zone will not be contrary to the intent and
purpose of the zoning ordinance, inconsistent with the Comprel'~ensive Plan or harmful to the
surrounding properties. It is the intent of the PDH overlay to promote efficient land use with
smaller utility and street networks, provide for flexibility in architectural design, preservation of
landscape features and open space and to promote an attractive and safe living environment
compatible with surrounding residential developments.
The proposed PDH-12 overlay will allow for mixed use structures with multi-family and
commercial elements. The proposed development would be on a 2.72 acre lot, and would
include three two-story buildings with a total of 9,000 square feet of commercial space on the
first floor and 30 residential units of one or two bedrooms. The design also includes 79 parking
spaces, which slightly exceeds the amount (76) required by the City. Behind the development,
on the West side of the lot, are two parking garages, both of which are one-story in height.
The applicant has proposed a design which incorporates a central green space surrounded by
the three buildings with parking situated on a lane running behind the buildings. In staffs'
opinion, there are several attractive design elements in the proposed building plans, such as
the use of masonry construction, storefront windows and generous green space. There are a
few existing mature trees which may be incorporated in the design.
in staffs' opinion, this plan meets the intent of the Comprehensive Plan and the OPDH zone.
There is evidence of a flexibility of design with the clustering of buildings on the site, a generous
use of open space and an efficient plan for parking. The proposal generally helps promote an
attractive and safe living environment which is compatible with surrounding residential
developments.
Compatibility with neighborhood: At the time the Saddlebrook development was annexed the
properties lying to the north and east were zoned to RM-20 to allow for multi-family
development. In staffs' view, the proposed mixed use multi-family development is compatible in
scale and design with existing buildings in the area. The manufactured housing units to the
West are lower scale but the proposed two-story building to the West is setback from the
western property line by one-story garages along the property's edge which effectively provide
a buffer to the two-story development. The existing RFBH zone lying to the south contains a
clubhouse for the development and the current proposal is consistent with institutional and
recreational character of the club house. In staff's opinion the proposed Planned Development
is compatible with the surrounding development. To assure continued compatibility, staff
recommends that the uses and signs of the proposed development are limited to those of the
Community Commercial (CN-1) zone.
Traffic implications: Proposed zoning is very similar to existing zoning and so significant
additional traffic is not expected. Under the current zoning (RFBH) the developer could build
the area out with either manufactured housing or limited commercial uses. Traffic anticipated
for the residential units is 6 trips per day, or 180 VPD (vehicle trips per day) for the 30 units.
This is not excessive for Heinz Road, a collector street. The proposed 9,000 square feet of
commercial space will generate additional traffic, however, given the relatively small size of the
commercial space and the anticipated neighborhood commercial uses, traffic volumes are not
expected to overburden Heinz Road.
Access and street design: The proposed development will be accessed from Heinz Road off
Highway 6. Heinz Road is a collector street and is currently the primary access road for the
Saddlebrook developments. In the past, because of increased number of housing units in the
area, this single access road has been a concern. A Conditional Zoning Agreement on the
overall Saddlebrook development allows occupancy permits for only 416 residential units until
the time when a secondary access road is made available. Residential development is
approaching the threshold of 416 units, however, as the Saddlebrook Meadows Part 1
development has been approved and platted, which includes plans for a secondary access
route, staff expects that secondary access will soon be available to the Saddlebrook
developments. Building permits will cease to be issued when the threshold is reached, until
such time as a secondary access road has been made available.
Pedestrian access to the proposed development from Bon Aire Mobile Home Park, which lies
directly to the West, is so limited as to encourage trespassing across the properties abutting the
western side of the lot. Staff recommends, for this reason, that the proposed development
expand pedestrian access in the West by building a sidewalk to the property line in the Southwest
corner of the lot, where Bon Aire Mobile Home Park has a public area.
Neighborhood parkland or fees in lieu of: A neighborhood open space dedication is required
for this lot. At the time of the original Saddlebrook subdivision and the Conditional Zoning
Agreement with Sycamore Farms, the Parks and Recreation Commission determined the amount
of open space required for the entire subdivision to be 6 acres based on the Neighborhood Open
Space Ordinance. At that time approximately 2 acres of neighborhood open space were
proposed along the west side of Lot 6. An additional acre was proposed within the 50-foot wide
sanitary sewer easement between Lots 5 and 7. The remaining three acres of Neighborhood
Open Space are to be provided along the west boundary of Saddlebrook when that is subdivided,
so that it may be combined with open space required for the Gatens' tract to the West, in order to
create a more substantial open space area.
Infrastructure fees: The $395 per acre fee for water main extension was paid for by earlier
Saddlebrook subdivisions. There is no sanitary sewer tap-on-fee for this portion of the city.
Stormwater: Requirements for stormwater management for this property were addressed
through the larger subdivision.
STAFF RECOMMENDATION:
Staff recommends that the rezoning of 2.72 acres from RFBG to OPDH-12 and the preliminary
plan for Saddlebrook Addition Part 1, Lot 3, be approved subject to the following conditions:
1. Uses and signs limited to those of the Neighborhood Commercial (CN-1) zone.
2. Preserve and incorporate older existing trees, where possible, especially the Fir trees on
the West edge of the lot and the large tree in the central green (perhaps building G could
be shifted to the north a few feet to make room for the tree).
ATTACHMENTS:
1. Location Map
2. Site plan
3. Elevation drawings
Approved by: '~'~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
S:~PCD\SIaff Reports\REZ05-00009 Saddlebrook mixed-use
$:rj'F'. ].,OCAT;[ON: Saddlebrook Addition, Part 1, Lot 3 REZ05-00009
Emt E~evaUo~ Building
West E~Jon Bmldfng 'H' East ElevaUon Building
14~ar C, ar~e
Sunil Terdalkar
From: Africa, Chris [chris-africa@uiowa.edu]
Sent: Thursday, July 07, 2005 9:17 AM
To: sunil-terdalkar@iowa-city.org
Subject: Rezoning meeting
Hello,
I received notification of the Planning and Zoning Commission public meeting scheduled for yesterday evening, 6 July,
regarding The Stables LLC's application to rezone property west of Heinz Road. I own a unit in Triple Crown
Condominiums on the east side of Heinz Road. I had meant to come to the meeting but could not.
I am opposed to the Commission's approval of this application, though I have no illusions that there is a decent chance of
derailing the proposed rezoning. Aside from the fact that the planned development will swallow up a nice open space and
destroy some lovely mature trees, I was under the impression, when I bought my condominium, that I was moving into a
residential district. I can't say that anyone promised me that, but it just did not occur to me that commerical property would
be part of the Saddlebrook plan.
Traffic is also a concern. As I understand it, the City does not want to put in a traffic signal at the intersection of Heinz
Road and Highway 6. There is fairly heavy traffic on 6, and making a left turn from Heinz onto 6 coming out of
Saddlebrook can be difficult. Anything that will increase traffic coming in and out of Saddlebrook without the installation of
traffic control is undesirable.
Sincerely,
Chris Africa
2874 Triple Crown Lane, #10
Iowa City
IA 52240-7229
7/7/2005
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ05-00006)
ORDINANCE NO. 05-/~170
AN ORDINANCE CHANGING THE ZONING DESIGNATION ON APPROXIMATELY 29.7 ACRES OF
PROPERTY, LOCATED NORTHEAST OF HIGHWAY 218/DEER CREEK ROAD, FROM COUNTY
RESIDENTIAL TO INTERIM DEVELOPMENT- OFFICE RESEARCH PARK.
WHEREAS, at its April 21 meeting, by a vote of 5-0, the Planning and Zoning Commission
recommended approval of rezoning the subject territory to Interim Development-Office Research Park
(ID-ORP); and
WHEREAS, this territory, which is owned by Clear Creek LLC and Beverly Horton, is being annexed by
the City of Iowa City; and
WHEREAS, the territory, which is located northeast of Highway 218 and Deer Creek Road, is part of the
Clear Creek Master Plan, which was endorsed by the City of Iowa City in 2002; and
WHEREAS, the long-term use of this property, according to the Clear Creek Master Plan, is expected to
be commercial. Because specific commercial development has not yet been determined, the Planning and
Zoning Commission has recommended Interim Development-Office Research Park zoning; and
WHEREAS, adjacent property within the Iowa City city limits is also zoned Interim Development-Office
Research Park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The zoning designation of the property described below is hereby changed
from County Residential to Interim Development-Office Research Park (ID-ORP):
A PART OF THE NORTHWEST l/, OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TM
PM, IN JOHNSON COUNTY, IOWA AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH ¼ CORNER OF SAID SECTION 12 ; THENCE SOUTH 0000'42'' WEST
ALONG THE EAST LINE OF SAID NORTHWEST ¼, A DISTANCE OF 481.96 FEET; THENCE NORTH
89o59'18'' WEST 308.22 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0o00'42'' WEST, 1403.14
FEET; THENCE NORTH 90000'00" WEST, 155.37 FEET TO A POINT ON THE NORTHEAST RIGHT-OF-WAY
LINE OF HIGHWAY 218; THENCE NORTH 47031'27'' WEST ALONG SAID RIGHT-OF-WAY LINE, 2037.52
FEET; THENCE NORTH 89o03'32" EAST, 1658.67 FEET TO THE POINT OF BEGINNING.
SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa to conform to this amendment upon the final passage, approval, and
publication of this ordinance, as provided by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same at the
office of the County Recorder of Johnson County, Iowa at the City's expense.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
P/~/~.d approved this 2nd day of August ,20 05
CITY C~ERK
City Attorney's Office
ppdadm/ord/Hwy218-DeerCreekRd,doc
Ordinance No. 05-4170
Page 2
It was moved by Wilburn and seconded by Bailey that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
x Champion
x Elliott
X Lehman
x O'Donnell
x Vanderhoef
× Wilburn
First Consideration 7 / 5 / 0 5
Vote for passage: AYES: Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell,
Vanderhoe f. NAYS: None. ABSENT: None.
Second Consideration 7 / 19/05
Voteforpassage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Bailey, Champion.
NAYS: None. ABSENT: Wilburn.
Date published 8/1o/o5
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3,
ENTITLED "RULES OF THE ROAD," BY AMENDING SECTION 12 THEREIN TO MODIFY LANE USE
CONTROL AND PAVEMENT MARKINGS ON MELROSE AVENUE FROM UNIVERSITY HEIGHTS TO
BYINGTON ROAD,
WHEREAS, in connection with the Grand Avenue Improvement Project Melrose Avenue is being
reconstructed and widened between Melrose Court and South Grand Avenue to provide for dedicated left-
turn lanes for eastbound traffic turning north onto South Grand Avenue and westbound traffic turning south
onto Melrose Court, and in connection therewith Melrose Avenue is to be designated a one-way street from
South Grand Avenue to Byington Road; and
WHEREAS, by Ordinance No's. 97-3807 and 98-3827, lane designations and appropriate pavement
markings at this location are incorporated into City Code; and
WHEREAS, the reconstruction of Melrose Avenue between Melrose Court and South Grand Avenue,
and designating Melrose Avenue one-way from South Grand Avenue to Byington Road is necessary to
accommodate traffic volume, and therefore in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 9, entitled "Motor Vehicles in Traffic," Chapter 3, entitled "Rules of the
Road," Section 12 is hereby amended to read as follows:
Melrose Avenue from University Heights to Melrose Court shall consist of two (2) 11' travel lanes,
one (1) 11' center left turn lane, and one (1) 7' shoulder on each side of the traveled way,
including pavement markings identifying such lane usage, except east of the intersection with
Hawkins Drive where one (1) right turn lane for westbound traffic will be included, Melrose Avenue
from Melrose Court to South Grand Avenue shall consist of two (2) 11' travel lanes, two (2)
dedicated left-turn lanes for eastbound traffic turning north on to South Grand Avenue and
westbound traffic turning south on to Melrose Court, and one (1) 7' shoulder on each side of
the traveled way, including pavement markings identifying such lane usage, and Melrose Avenue
from S. Grand Avenue to Byington Road shall consist of two (2) one-way, eastbound 11' travel
lanes and one (1) 5' shoulder on each side of the traveled way, including pavement markings
identifying such lane usage.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,20__
MAYOR
ATTEST:
CITY CLERK
mitch/C/Melrose/sec12amend-ord.doc
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration .............
Vote for passage:
Second Consideration 8 / 2 / 05
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman,
O'Donnell. NAYS: None. ABSENT: Nays.
Date published
Moved by Vanderhoef, seconded by Elliott, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
f~nally passed be suspended, the first consideration and vote be waived and the ordinance be
given second consideration at this time. AYES: O~Donnell, Vanderhoef, Wilburn, Bailey,
Champion, Elliott, Lehman. NAYS: None. ABSENT: None.
Prepared by: Kevin Doyle, Asst. Transportation Planner, 410 E. Washington Street., Iowa City, IA 52240, (319) 356-5253
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES"
SECTION 7, "PUBLIC TRANSPORTATION" TO INCLUDE SPECIAL FARES, SPECIAL
PASSES AND CHARGES FOR BICYCLE LOCKERS.
WHEREAS, to promote and encourage use of the Iowa City Transit System, certain special passes, fares
and charges have been temporarily offered to families, students, and other users; and
WHEREAS, it is in the public's interest to continue to offer these special passes, fares and charges on a
permanent basis; and
WHEREAS, the Court Street Transportation Center will provide bicycle lockers for rent on a 3 month, 6
month and 12 month basis; and
WHEREAS, Title 3, Chapter 4, Section 7 of the City Code sets out the fees, charges, bonds, fines and
penalties for public transportation services provided by the Iowa City Municipal Transit System; and
WHEREAS, an updated listing of all general fares, bus passes, special fares, special passes and charges
for using bicycle lockers at the Court Street Transportation Center should be codified.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds,
Fines, and Penalties, Section 7, "Public Transportation" is hereby amended by deleting the current
Subsection 3-4-7 in its entirety and enacting in lieu thereof a new Subsection 3-4-7 to be codified to read
as follows:
3-4-7: PUBLIC TRANSPORTATION
Description of Fee, Charge, Bond, Fine or Penalty Amount of Fee, Charge, Bond,
Fine or Penalty
Bus 'n Shop coupons 0.35
General fares and rates
Standard fare, general public 0.75
24 Hour Pass 1.50
School Field Trip 0.40
Children (K-12) 0.50
Children under 5 yrs. old Free
Bus Passes
31-day pass (Adult 18 & up) 25.00
31-day pass (Youth K-12) 20.00
10 ride 6.50
30 ride 19.50 ~ UI Parking Office
Bulk 31 -day pass sales 23.00
Replacement fee for lost or damaged bus pass 2.00
Special fares
Saturday Family Fare .75 for 2 adults & 2 children
Elderly persons (60+ years) .35 non peak hours
Special Passes
3 l-day Low income 20.00
Low income elderly Free non-peak hours
Persons with disabilities Free non-peak hours
U of I Semester Pass 80.00 (pm-rated) purchase ~ UI Parking Office
Kirkwood Semester Passes 80.00 (pro-rated) purchase at Kirkwood Bookstore
Youth Semester pass 80.00 (pro-rated)
City employee 31-day bus pass half price of regular 31-day fee (1 per month)
Charges for use of facilities and/or personnel
Use of city transit vehicle and/or operator Fully allocated cost, plus fuel tax surcharge
Bicycle Lockers
20.00 for 3 months plus 25.00 key deposit
35.00 for 6 months plus 25.00 key deposit
60.00 for 12 months plus 25.00 key deposit
(Ord. 96-3733, 5-28-1996; amd. Ord. 96-3749, 9-10-1996; Ord. 04-4115, 3-16-2004)
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication.
Passed and approved this day of ,2005.
Approved by: ~ ~'~ MAYOR
C~) ~[to~ney;s Office CITY CLERK
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Flliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 8 / 2 / 05
· Vote for passage:AYES:Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
City of Iowa City
MEMORANDUM
Date: July 27, 2005
To: Iowa City City Council
From: Joe Fowler, Director Parking and Transit ~'"''~'
Ron Logsden, Transit Manager ~L
Re: Proposed Public Transportaion Ordinance Changes
Iowa City Transit has instituted a number of passes on a trial basis with the authorization
of the City Manager to determine if these passes would be successful at increasing
ridership and/or revenues for the Transit Division. A number of these passes are in
partnership with the University of Iowa and Kirkwood Community College and are
subsidised further to the end purchaser by the U of I and Kirkwood College. We provide
the passes to the U of I and Kirkwood in bulk and they sell them and reimburse us. Both
programs have been very successful
At this time we would like to make these passes/fares permanent as well as add a new 24
hour pass and set the rates for the new bicycly lockers at the Court Street Transportation
Center. The 24 hour pass is being added to make riding the bus more convient for
visitors to Iowa City and to help alleviate confrontations that bus operators are
experiencing with some patrons utilizing transfers.
We researched what other cities are charging for bicycle lockers and set our rates at near
the mid point of what was being charged in those communities. We are also writing a
policy outlining the use of the bicycle lockers to ensure that they are being utilized for
there intended purpose.
We are also formalizing an existing policy of offering City employees a half price 31-day
bus pass as an alternative to the City employee half price parking pass.
The other change to the current ordinance is in the area of "Charges for use of facilities
and/or personnel". In order to be compliant with the Federal Transit Administration
requirements this rate is being changed from a set dollar amount to "Fully allocated cost,
plus fuel tax surcharge".
Attached is the current schedule of transit fares and fees along with the proposed
schedule with the new proposed fares and fees underlined.
3r4-7: PUBLIC TRANSPORTATION: Page 1 of 1
3-4-7: PUBLIC TRANSPORTATION:
Description Of Fee, Charge, Bond, Fine Or Amount Of Fee, Charge, Bond, Fine
Penalty Or Penalty
Bus'n shop coupons $ 0.35
General fares and rates
Standard fare, general public 0.75
School field trip 0.40
Monthly pass 25.00
Special fares
Monthly pass for Iow income persons 20.00
Elderly persons 0.35 nonpeak hours
Low income elderly Free nonpeak hours
Persons with disabilities Free nonpeak hours
Strip tickets (10 rides) t5.50 per strip
High school students and other children under 20.00 per month
18 years of age 0.50 per ride
Charges for use of facilities and/or personnel
Use of city transit vehicle, per vehicle, per hour 30.00, plus fuel tax
surcharge
Use of city transit operator, per hour 15.00
Use of city transit vehicle and operator, per hour 45.00, plus fuel tax
surcharge
(Ord. 96-3733, 5-28-1996; amd. Ord. 96-3749, 9-10-1996; Ord. 04-4115, 3-16-2004)
http://66.113.195.234/IA/Iowa%20City/06004000000007000.htm 7/26/2005
3-4-7:PUBLIC TRANSPORTATION
Description of Fee, Charge, Bond, Fine or Penalty Amount of Fee, Charge, Bond,
Fine or Penalty
Bus 'n Shop coupons 0.35
General fares and rates
Standard fare, general public 0.75
24 Hour Pass 1.50
School Field Trip 0.40
Children (K-12) 0.50
Children under 5 yrs. old Free
Bus Passes
31-day pass (Adult 18 & up) 25.00
31 -day pass (Youth K-12) 20.00
10 ride 6.50
30 ride 19.50 ~ UI Parkinq Office
Bulk 31-day pass sales 23.00
Replacement fee for lost or dama.qed bus pass 2.00
Special fares
Saturday Family Fare .75 for 2 adults & 2 children
Elderly persons (60+ years) .35 non peak hours
Special Passes
31-day Low income 20.00
Low income elderly Free non-peak hours
Persons with disabilities Free non-peak hours
U of I Semester Pass 80.00 (pro-rated) purchase ~,, UI Parkinq Office
Kirkwood Semester Passes 80.00 (pro-rated) purchase at Kirkwood Bookstore
Youth Semester pass 80.00 (pro-rated)
City employee 31-day bus pass half price of re.qular 31-day fee (1 per month)
Charges for use of facilities and/or personnel
Use of city transit vehicle and/or operator Fully allocated cost, plus fuel tax surcharqe
Bicycle Lockers
20.00 for 3 months plus 25.00 key deposit
35.00 for 6 months plus 25.00 key deposit
60.00 for 12 months plus 25.00 key deposit
(Ord. 96-3733, 5-28-1996; amd. Ord. 96-3749, 9-10-1996; Ord. 04-4115, 3-16-2004)
fin/treas/mari/public transportation
08-02-0510 /
Prepared by: Jeff Davidson, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 7,
ENTITLED "VEHICLE SIZE, WEIGHT AND LOAD," TO RESTRICT LARGE TRUCK TRAFFIC ON
COURT STREET FROM THE INTERSECTION OF SUMMIT STREET TO THE INTERSECTION OF
MUSCATINE AVENUE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. PURPOSE. The purpose of this amendment is to restrict large truck traffic on Court Street
from the intersection of Summit Street to the intersectiOn of Muscatine Avenue.
SECTION II. AMENDMENT. Section 9.7.4(B) is hereby amended by deleting Paragraph 2 and
substituting in lieu thereof:
9.7.4(B)(2) No truck or other commercial vehicle with a license of over 16 tons, except those specifically
exempted herein, shall be operated on Kirkwood Avenue and Lower Muscatine Road from the intersection
of Kirkwood Avenue with Gilbert Court to the intersection of Lower Muscatine Road with Sycamore Street, or
on First Avenue from the intersection with Scott Boulevard to the intersection with D Street, or on Court
Street from the intersection with Summit Street to the intersection with Muscatine Avenue.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,2005.
MAYOR
ATTEST:
CITY CLERK
Approve<~., _
City Attorney's Office
ppdadm/ord/974B2amend.doc
Ordinance No.
Page.
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilbum
First Consideration 8 / 2 / 05
Vote for passage: AYES: Bailey, Champion, Elliott, Lehman, 0'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published