HomeMy WebLinkAbout2000-07-18 Public Hearing e oz-~s-oo
6c
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
RESOLUTION NO.
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF
APPROXIMATELY 69.37 ACRES LOCATED AT THE SOUTHWEST CORNER
OF LOWER WEST BRANCH ROAD AND TAFT AVENUE.
WHEREAS, the owner, Jerry F. Lindemann, is owner and legal titleholder of approximately 69.37
acres of property located at the southwest corner of Lower West Branch Road and Taft Avenue;
and
WHEREAS, applicant, Arlington, L.C., on behalf of the owner, has requested annexation of the
69.37 acre tract into the City of Iowa City, Iowa; and
WHEREAS, pursuant to Iowa Code §368.5 and §368.7 (1999), notice of the application for
annexation was sent by certified mail to the Johnson County Board of Supervisors, the Johnson
County Attorney, each affected public utility, the Johnson County Council of Governments, and
the East Central Iowa Council of Governments; and
WHEREAS, none of these entities have objected to the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa:
Beginning at the Northeast Corner of the Southeast Quarter of Section 7, Township 79 North,
Range 5 West, of the 5t~ P.M. Johnson County, Iowa, Thence S00°59'54"E, along the east
line of said Southeast Quarter, 445.54 feet; Thence S89°00'06"W, 331.58 feet; Thence
S00°59'54"E, 394.12 feet; Thence N89°00'06"E, 331.58 feet; Thence S00°59'54"E, along said
east line, 907.46 feet; Thence S89°59'58"W, 1862.98 feet; Thence N00°29'10"W, 1421.47
feet; Thence N87°46'23"E, 279.45 feet; Thence N01°12'10"W, 315.16 feet, to a point on the
north line of said Southeast Quarter; Thence S89°58'56"E, 1571.98 feet, to the. Point of
Beginning. Said tract of land contains 69.37 acres, and is subject to easements and
restrictions of record.
2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under §368.7 (1999) at applicant's expense.
3. Further, the City Clerk is authorized and directed to certify and file all necessary documents
for certification of the population of the annexed territory to Johnson County and the state
treasurer, said population being 0.
Passed and approved this day of ,2000.
MAYOR C't~YP~"v'e"'rneY
ATTEST:
CITY CLERK
07-18-00 ~
6d
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING
REGULATIONS OF APPROXIMATELY 69.37 ACRES LOCATED AT THE SOUTHWEST CORNER OF
LOWER WEST BRANCH ROAD AND TAFT AVENUE FROM COUNTY SUBURBAN RESIDENTIAL (RS)
TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5; 30.32 ACRES), AND INTERIM
DEVELOPMENT - RESIDENTIAL (ID-RS; 39.05 ACRES).
WHEREAS, the owner, Jerry F. Lindemann, is owner and legal title holder of approximately 69.37 acres
of property located at the southwest corner of Lower West Branch Road and Taft Avenue; and
WHEREAS, the applicant, Arlington, LC, on behalf of the owner, has requested the voluntary annexation
of approximately 69.37 acres located at the southwest corner of Lower West Branch Road and Taft Avenue
and the rezoning of this property from County Suburban Residential (RS) to Low Density Single-Family
Residential (RS-5; 30.32 acres) and Interim Development Residential (ID-RS; 39.05 acres); and
WHEREAS, the proposed annexation has been approved by the City; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
ensuring the development of the property in accordance with the neighborhood design policies of the
Northeast District Plan and ensuring the retention of the historic stone railroad bridge on the site in a manner
that provides public access to this feature, the proposed rezoning is in conformance with the Comprehensive
Plan; and
WHEREAS, Iowa Code c::J414.5 (1999) 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 owner and applicant acknowledge that cedain conditions and restrictions are reasonable
to ensure the development of the property in accordance with the neighborhood design policies of the
Northeast District Plan and to ensure the retention of the historic stone railroad bridge; and
WHEREAS, the owner and applicant have agreed to use this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to ensure that the above referenced comprehensive plan
policies are addressed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated herein, the property described below is hereby reclassi~ed as follows:
a. The following property is hereby reclassified from its current designation of County Suburban
Residential (RS) to Interim Development Residential (ID~RS):
Beginning at the Northeast Corner of the Southeast Quarter of Section 7, T79N, R5W, of the 5th P.M.,
Johnson County, Iowa, Thence S00°59'54'E, along the east line of said Southeast Quarter, 445.54 feet,
to the Northeast Corner of Stone Creek Subdivision, to Johnson County, Iowa, in accordance with the
plat thereof. Records of the Johnson County Recorder's Office; Thence S89°00'06'~A/, along the north
line of said subdivision, 331.58 feet, to the Northwest Corner thereof; Thence S00°59'54"E, along the
west line of said subdivision, 394.12 feet, to the Southeast Corner thereof; Thence N89°00'06"E, 331.58
feet, to the Southeast Corner thereof; Thence S00°59'54"E, along the east line of said Southeast
Quarter, 907.46 feet, to the Northeast Corner of Auditor's Parcel 99086, in accordance with the plat
recorded in Book 40, at Page 337, of the Records of the Johnson County Recorder's Office; Thence
S89°59'58"W, along said north line and its westerly projection, 1119.85 feet; Thence N42°04'38"E.
279.14 feet; Thence northwesterly 593.57 feet along a 500.00 foot radius curve, concave southwesterly,
whose 559.32 foot chord bears S08°04'05"W; Thence N25°56'27"W, 764,11 feet; Thence S87°46'23"W,
407.57 feet; Thence N01°12'10'~V, 315.16 feet; Thence S89°58'56"E, along the nodh line of said
Southeast Quarter, 1517.98 feet, to the Point of Beginning. Said tract of land contains 39.05 acres, and is
subject to easements and restrictions of record.
b. The following property is hereby reclassified from its current designation of County Suburban
Residential (RS) to Low Density Single-Family Residential (RS-5):
Commencing at the Northeast Corner of the Southeast Quatier of Section 7, T79N, R5W of the
Fifth P,M. Johnson County, Iowa; Thence N89°58'56"W, along the north line of said Southeast Quarter,
Ordinance No.
Page 2
1571.98 feet; Thence S01 °12'10"E, 315.16 feet, to the Point of Beginning; Thence N87°46'23"E, 407.57
feet; Thence S25°56'27'E, 764.11 feet; Thence southeasterly, 593.57 feet, along a 500.00 foot radius
curve, concave southwesterly, whose 559.32 foot chord bears S08°04'05'W; Thence S42°04'38'~V,
279.14 feet, to a point on the north line of Auditor's Parcel 99087, in accordance with the plat recorded in
Book 40, at Page 339, of the records of the Johnson County Recorder's Office; Thence S89°59'58"W,
along the north line of said Auditor's Parcel 99087. a distance of 743.14 feet, to the Northwest Corner
thereof and a point on the east line of Windsor Ridge, Part Fifteen, to Iowa City, Iowa in accordance with
the recorded plat thereof; Thence N00°29'10"W, along said east line of Windsor Ridge, Part Fifteen,
1421.47 feet; Thence N87°46'23"E, 279.45 feet, to said Point of Beginning. Said tract of land contains
30.32 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 as provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement between the property owner, applicant, and the City.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and
after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to
certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the office of
the County Recorder of Johnson County, Iowa, at the applicanrs 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
proved
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City'), Jerry F. Lindemann (hereinafier "Owner') and Arlington, L.C., an Iowa Limited
Padnership (hereinafter "Applicant").
WHEREAS, Owner is owner and legal title holder and Applicant is the contract purchaser of approximately
69.37 acres of property located at the southwest corner of Lower West Branch Road and Taft Avenue;
and
WHEREAS, the Applicant, on behalf of the Owner, has requested the voluntary annexation of approximately
69.37 acres located at the southwest comer of Lower West Branch Road and Taft Avenue and the rezoning
of this property from County Suburban Residential (RS) to Low Density Single-Family Residential (RS-5;
30.32 acres) and Interim Development Residential (ID-RS; 39.05 acres); and
WHEREAS, the proposed annexation has been approved by the City; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring
the development of the property in accordance with the neighborhood design policies of the Northeast District
Plan and ensuring the retention of the historic stone railroad bridge on the site in a manner that provides
public access to this feature, the proposed rezoning is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (1999) 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 Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to
ensure the development of the property in accordance with the neighborhood design policies of the Northeast
District Plan and to ensure the retention of the historic stone railroad bridge; and
WHEREAS, the Owner and Applicant have agreed to use this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to ensure that the above referenced comprehensive plan
policies are addressed.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows:
1. Jerry F. Lindemann is the property owner and legal title holder and Arlington, L.C. is the contract
purchaser of property located at the southwest corner of Lower West Branch Road and Taft Avenue,
which property is more particularly described as follows:
ID-RS Parcel:
Beginning at the Nodheast Corner of the Southeast Quarter of Section 7, T79N, R5W, of the 5th P.M.,
Johnson County, Iowa, Thence S00°59'54"E, along the east line of said Southeast Quarter, 445.54 feet,
to the Northeast Corner of Stone Creek Subdivision, to Johnson County, Iowa, in accordance with the
plat thereof. Records of the Johnson County Recorder's Office; Thence S89°00'06'~/V, along the nodh
line of said subdivision, 331.58 feet, to the Northwest Comer thereof; Thence S00°59'54"E, along the
west line of said subdivision, 394.12 feet, to the Southeast Corner thereof; Thence N89°00'06"E, 331.58
feet, to the Southeast Corner thereof; Thence S00°59'54"E, along the east line of said Southeast
Quarter, 907.46 feet, to the Nodheast Corner of Auditor's Parcel 99086, in accordance with the plat
recorded in Book 40, at Page 337, of the Records of the Johnson County Recorder's Office; Thence
S89°59'58'~N, along said north line and its westerly projection, 1119.85 feet; Thence N42°04'38"E,
279.14 feet; Thence northwesterly 593.57 feet along a 500.00 foot radius curve, concave southwesterly,
whose 559.32 foot chord bears S08°04'05'~N; Thence N25°56'27"W, 764.11 feet; Thence S87°46'23'M/,
407.57 feet; Thence N01°12'10"W, 315.16 feet; Thence S89°58'56"E, along the north line of said
Southeast Quarter, 1517.98 feet, to the Point of Beginning. Said tract of land contains 39.05 acres, and is
subject to easements and restrictions of record.
RS-5 Parcel:
Commencing at the Northeast Corner of the Southeast Quarter of Section 7, T79N, R5W of the Fifth
P.M. Johnson County, Iowa; Thence N89°58'56"W, along the north line of said Southeast Quarter,
1571.98 feet; Thence S01°12'10"E, 315.16 feet, to the Point of Beginning; Thence N87°46'23"E, 407.57
feet; Thence S25°56'27'E, 764.11 feet; Thence southeasterly, 593.57 feet, along a 500.00 foot radius
curve, concave southwesterly, whose 559.32 foot chord bears S08°04'05'~V; Thence S42°04'38'~N,
279.14 feet, to a point on the north line of Auditor's Parcel 99087, in accordance with the plat recorded in
Book 40, at Page 339, of the records of the Johnson County Recorder's Office; Thence S89°59'58'M/,
along the north line of said Auditor's Parcel 99087, a distance of 743.14 feet, to the Northwest Corner
thereof and a point on the east line of Windsor Ridge, Part Fifteen, to Iowa City, Iowa in accordance with
the recorded plat thereof; Thence N00°29'10'~N, along said east line of Windsor Ridge, Part Fifteen,
1421.47 feet; Thence N87°46'23"E, 279.45 feet, to said Point of Beginning. Said tract of land contains
30.32 acres, and is subject to easements and restrictions of record.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential development
that conforms to the neighborhood design polices contained within the Northeast District Plan along
with retention of a historic stone railroad bridge on the site in a manner that provides public access to
this feature. Further, the parties acknowledge that Iowa Code §414.5 (1999) 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. Therefore, Owner and Applicant agree to certain conditions over and above City regulations
as detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that
development of the subject property will conform to all other requirements of the Zoning Chapter, as
well as the following conditions:
a. Owner and Applicant agree that preliminary and final plats for the eventual development of this
property will demonstrate compliance with the neighborhood design policies contained within the
Northeast District Plan, and that the City will take these policies into consideration during its
review of said plats, including the provision of a neighborhood trail along or near Ralston Creek as
illustrated in said Plan. These policies include, but are not limited to, the provision of an
interconnected street system, designing collector streets so that they are not continuous through
streets, utilizing cul-de-sac streets only where other options are not practical, designing sidewalk
and trail systems as an integral part of the neighborhood transportation system, preserving natural
features such as stream corridors, and ensuring neighborhood access to open space areas.
Other items that are encouraged by said Plan and that may be considered within said
development, but are subject to review and approval through the preliminary and final plat review
process, include the use of traditional neighborhood design concepts such as the use of narrow
street pavement, alleys, and green elements within streets such as planted medians or small
neighborhood greens.
b. Owner and Applicant shall ensure the retention of the remaining pieces of the historic stone
railroad bridge that exists on the property in a manner that provides public access to this feature
within the neighborhood.
4. The Owner and Applicant acknowledge that the conditions contained herein are reasonable conditions
to impose on the land under Iowa Code §414.5 (1999), and that said conditions satisfy public needs
which are directly caused by the requested zoning change.
5. The Owner and Applicant 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. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to
relieve the Owner or Applicant from complying with all applicable local, state and federal regulations.
8. The Padies 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.
Dated this day of ,2000.
FAX TRANSMITTAL COVER SHEET
City of Iowa City
410 E. Washington St.
Iowa City, IA 52240
Fax #: (319) 356-5009
Date:~//,q'/,~ CITY OF I0 WA CITY
TO I FROM I
COMPANY: DEPT.: C"'i-~ C°~"-F K
FAX #: ~,,5'/- ~3~--/O,"'J ,"~ PHONE #: ,~ - .'~5'~, ' ,~'~q/'
Total pages (including this cover sheet):
e
If you do not receive all pages or have any problem with the transmission, please call the phone # listed
above.
coversht. fax 2 / 95
4
ZLI~~TZZ~~C~~//_ CITY OF IOWA CITY
· Ga~ By:
atts Ernest W. Lehman, Mayor
By: o~hnMo A ~ Attest:
relandoh Marian K. Karr, City Clerk
JERRY F. LINDEMANN, OWNER Ap mvQd b,:
By: ' Jerry F· Lindemann
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of before me,
, a Notary Public in and for the 'Sta2tOeO0oi Iowa, personally appeared Ernest
W. Lehman and Marian K. Karr, to me personally known, and. who, being by me duly sworn, did say that they
are the Mayor and City Clerk, respectively. of the City of Iowa City. Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No.
passed by the City Council. on the day of ,2000, and
that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /z/ day of '~o,/on ,2000, before me, the undersigned, a Notary Public in
and for said County, in said St ally appeared Gary Watts, to me known to be the identical persons
named in and who executed the within and foregoing instrument, and acknowledged that he executed the
same as his voluntary act and deed.
Not~a'Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this //~ day of te~,p~ ,2000, before me, the undersigned, a Notary Public in
and for said County, in said S sonally appeared John Moreland, to me known to be the identical
persons named in and who executed the within and foregoing instrument, and acknowledged that he
executed the same as his voluntary act and deed.
Nota~ublic in and for the State of Iowa
My com mission expires: y'Z2-~/-r-2
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of ,2000, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Jerry F. Lindemann, to me known to be the identical
persons named in and who executed the within and foregoing instrument, and acknowledged that he
executed the same as his voluntary act and deed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadmin~agt\v/omchtaft.doc
JUL-18-O0 TUE 9:49 AM SUNNYSIDE'MARINA FAX NO. 651 439 1033 P. 3
4
~LI~~~ CITY OF IOWA CITY
tea Ernest W. Lehman, Mayor
By:. ~~hnMo A ~ Attest:
relandhn Marlan I~. Kerr, 'City Clerk '
JERRY F. LINDEMANN, OWNER ~re ~..
,
' · .
B 'PJ~W indemann ~'
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this .//~q/K. day of .;'a~ , 2000, before me,
In and for the State of iowa, personal~; appeared Ernest
W. Lehman ~nd MaHa'n K. Kerr. to me personally known, and, who, being by me duly sworn, did say that they
ere the Mayor and CIty Clerk. respectively, of the CIty of Iowa City, Iowa; that the seal affixed to the foregoing
Instrument Is the corporale seal of be corporation, and that the Instrument was signed and sealed on behalf
of the corporation, by authority of Its City Council, as contained In (Ordinance) (Resolution) No.
passed by the City Council, on the day of .2000, and
jj~at Ernest W. Lehman end Marlan K. Kerr ackEnoWledged the execulion of the Instrument to be Ihelr
voluntary act and deed and the voluntary act end deed of the corporation. b~TtaHly exe~_~
STXTE OF
) ss:
JOHNSON COUNTY )
and for said County, In said S ~lly appeere I
named in and who executed the within and foregoing Instrument, and acknowledged .thai I1'e.ey, eoLIted the
same a~ his voluntary act and deed. ."'L.."-':';' ' -
Not~Publlc In end for the Statjof I~'Wa" ":"
My commission expires:
JUL-18-00 TUE 9:48 AM SUNNYSIDE-MARINA FAX NO. 651 439 1033 P. 2
STATE OF IOWA
) as:
JOHNSON COUNTY )
On this / 7 day oF ~e,p~ ., 2000, before me, the ullderst~ned, a Notary Public In
arid for'said CouNy, In s~ld S sonally appeared John Moreland, to me kllow~-t~'be~ the IdenUoal
persons named In end who executed the wtthin end foregoing Instrument, end el~j.~elowl'b~g,~l ..that he
executed the same as his voluntary ed end deed, ./.,~. ~' ..,.
Notar~ubllc in and for th;''~) ' :"'-'.:"'
My cOmmission expires:
STATE OF IOWA
) as:
and for said Count, In said S ~~y appea~d Je~ F, Lindemann, to me kno~ to be the ideRUcal
pe~ons named In end ~o~xe~ted the ~ffiin and foregoing ins~ument. and ackno~edged that he
exe~d the same as his vo[un~ a~ end d~d, ~
,~v--A~~V No~ c In and ~r
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Scott Kugler
Item: ANN00-0001/REZ00-O012. Arlington, L.C. Date: May 4, 2000
SW Lower West Branch Rd & Taft Ave
GENERAL INFORMATION:
Applicant: Arlington, L.Co
2346 Mormon Trek Boulevard
Suite 2000
Iowa City, Iowa 52246
Phone: 351-8811
Contact person: MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Requested action: Annexation and rezoning from County
RS to RS-5 and ID-RS
Purpose: To allow development of the property
within the corporate limits, taking
advantage of City services and utilities.
Location: Southwest corner of Lower West
Branch Road and Taft Avenue
Size: 69.37 acres
Existing land use and zoning: Agricultural, County RS
Surrounding land use and zoning: North: Agricultural, County RS;
East: Agricultural, County A1;
South: Residential and undeveloped,
RS-5, RM-12;
West: Undeveloped, RS-8, RM-12.
Comprehensive Plan: Generally single-family residential, 2 to
8 dwelling units per acre; compact
neighborhood development;
interconnected street system;
pedestrian orientation; linear open
space and trail along Ralston Creek
(Northeast District Plan)
Applicable Code requirements: 14-6D-2, RS-5 zone; 14-6C, Interim
Development zone
File date: March 30, 2000
45-day limitation period: May 14, 2000
SITE INFORMATION:
Public utilities: City sewer and water would be
available to serve this site, although
development may be delayed pending
the completion of necessary sanitary
sewer upgrades in the Scott Park/Court
Hill area.
Public services: Police and fire protection and refuse
collection would be provided by the
City.
Transportation: The nearest regular transit routes are
the Rochester and Court Hill routes,
which both have stops about one block
west of Scott Boulevard, approximately
~A mile west of the subject property.
Sensitive Areas Ordinance: The property contains a tree-lined
stream corridor. In addition, the
potential for wooded groves along the
stream should be investigated.
BACKGROUND INFORMATION:
The applicant, Arlington, L.C., on behalf of property owner Jerry F. Lindemann, is requesting
'annexation of approximately 69.37 acres located at the southwest corner of Lower West
Branch Road and Taft Avenue. The applicant is also requesting a rezoning of 42.78 acres of
the subject property to Low Density Single-Family Residential (RS-5), with the remaining
26.59 acres located along the east side of the property to be zoned Interim Development
Residential (ID-RS). The property is currently in agricultural use, and is zoned County
Suburban Residential (RS). The property contains the upper reaches of the southern branch
of Ralston Creek, a stream corridor, which runs north/south through the parcel. It is staff's
understanding that the applicant is contract purchaser of the property located west of the
creek, and the current property owner will retain the remainder of the land between the creek
and Taft Avenue.
This application was originally filed as a request for Medium Density Single-Family Residential
(RS-8) zoning for the portion of the property to be purchased by the applicant. The RS-8
zone permits duplexes as well as single-family dwellings on smaller lots than those permitted
in the RS-5 zone. Staff raised concerns about granting this density in absence of a plan that
illustrates how the policies of the Northeast District Plan would be incorporated into the
development. The applicant is not ready to submit a development plan or concept plan at
this point, and thus amended the application to request RS-5 zoning rather than RS-8.
Annexing and rezoning this site to RS-5 at this point would grant the applicant rights for
development of the property under the requirements of the RS-5 zone, unless otherwise
restricted or limited by infrastructure in some manner.
ANALYSIS:
The proposed annexation of the subject property will be evaluated in terms of its compliance
with the annexation policy contained in the Comprehensive Plan. The proposed zoning plan
will be evaluated based upon its conformance with the policies contained in the
Comprehensive Plan, including the Northeast District Plan, and the ability of the City's
existing and planned infrastructure to accommodate the development of the property under
the proposed zoning classifications.
Voluntary Annexation:
The annexation policy contained in the Comprehensive Plan states that requests for voluntary
annexation should be viewed favorably when the following three conditions are met: 1) the
area requested for annexation falls within the City's adopted long-range planning boundary; 2)
development of the property will fulfill an identified need without imposing an undue financial
burden on the City; and 3) control of development is in the City's best interest. This parcel is
located within the City's adopted growth boundary, which extends east of Taft Avenue a few
hundred feet. Since the property is located within the growth boundary, is contiguous to the
corporate limits, and is located along a future City arterial street (Taft Avenue) and what will
likely become a major collector street (Lower West Branch Road), staff feels that it is in the
City's best interest to control the development of the subject property. Whether or not the
proposed rezoning will fulfill an identified need within the community is less clear, although
there appears to continue to be a demand for single-family residential development.
As discussed in more detail below, development of this property cannot occur until the Court
Hill trunk sewer is upgraded. This work is necessary regardless of whether or not the
proposed annexation occurs, however, so this cannot be considered an undue financial
burden that is directly related to the annexation being requested. In addition, the
development of the full property will result in vehicular access to Lower West Branch Road,
which is not designed to carry significant amounts of traffic and is currently at the
recommended threshold for a gravel roadway in terms of traffic volume. Improvement of this
roadway will be necessary at some point before adjacent development can access this
roadway.
With any new development, there will be a future financial burden on the City, which is
responsible for providing services such as police and fire protection, refuse collection, and
snow removal. Staff feels that the City should use care in evaluating development proposals
for any new development to ensure the creation of an interconnected street system that
allows for the efficient delivery of services in our new neighborhoods. A development plan
has not been submitted in association with this annexation. If annexed and rezoned,
subdivision review will take this objective under consideration.
The annexation policy also states that the impact of development on existing overburdened
streets should be evaluated with any annexation. It is estimated that development of the
42.78 acres of land proposed for RS-5 zoning would generate approximately 1000 additional
vehicle trips per day. Access to Lower West Branch Road will be restricted until this
roadway is improved to a higher standard (see discussion below). As a result, all of this
traffic will be funneled to Court Street in the foreseeable future. Increased development
within this general area will add to existing traffic on Court Street and Scott Boulevard. As
more development occurs on this edge of town, the need for a higher level of traffic control
will be increased for key intersections such as Scott Boulevard/Court Street, Scott
Boulevard/Rochester Avenue, Scott Boulevard/Muscatine Avenue and Court Street/First
Avenue (which is already warranted).
Proposed Rezoning from County RS to RS-5 and ID-RS:
Comprehensive Plan: The Comprehensive Plan contains a number of general policies and
recommendations aimed at encouraging the development of compact, village-like
neighborhoods that contain housing for a diverse population, a mix of land uses, public space
that is a focal point for the neighborhood, integrated civic and commercial centers, accessible
open spaces, and streets that are pleasant for both motorists and pedestrians. Protection of
sensitive environmental features is also a priority of the Plan. The Northeast District Plan,
which has been adopted as a component of the Comprehensive Plan, more specifically
identifies how these policies should be carried out within this district. This general area was
identified in the district plan as an area in which an interconnected system of pedestrian
oriented streets could be accomplished. Predominantly single-family development is
illustrated for this parcel in the district plan, as well as a linear green space and trail along
Ralston Creek.
Development plans that have been approved, but not yet built in this area, are beginning to
work toward the creation of such a neighborhood. Existing development in this area
consists of large and moderate sized single-family lots and a neighborhood trail network.
Additional development has been approved include apartments and condominiums in multi-
family and townhouse style buildings, areas zoned for medium density single-family
residential lots, a future neighborhood commercial area and town square, a potential
elementary school site, and a neighborhood square being planned along Lower West Branch
Road to the west. If development on the subject property occurs with an interconnected
street system, pedestrian oriented streets, and an adequate pedestrian and bicycle circulation
system, it could contribute to the development of this area as contemplated by the
Comprehensive Plan. Staff recommends that the proposed zoning be approved, subject to a
conditional zoning agreement that specifies that these concepts will be incorporated into the
design of future development plans for this property. This would not require that the
development of the property adhere strictly to the concept plan illustrated in the Northeast
District Plan, but rather that the development plan incorporate some form of interconnected
street system, adequate pedestrian and bicycle accommodations, the preservation of natural
features remaining on the site, etc.
The trail mentioned above is an important component of the neighborhood illustrated in the
Northeast District Plan for this area. It would provide a pedestrian and bicycle connection
from the residential areas to be developed on the subject property, and the future
neighborhood to the north, to the neighborhood commercial zone and Court Street to the
south. It would also pass by a potential elementary school site located immediately south of
the subject property, although it is not clear that this site will be acted upon by the School
District. Staff believes that the proposed trail along the stream corridor is a necessary
component of the infrastructure needed for the development of this area and implementation
of the Northeast District Plan. However, in absence of a development plan, it cannot yet be
determined exactly where to locate the trail. When this property is subdivided, a trail along or
near the stream corridor should be provided, and the location and construction details can be
worked out at that time.
Street Issues/Secondary Access: Lower West Branch Road is currently a gravel road with a
rural cross-section, although it is planned to be a future City collector street. Existing traffic
along this roadway slightly exceeds the recommended threshold for a gravel-surfaced
roadway of 300 vehicles per day (1998 counts indicate approximately 310 vehicles per day).
Until this roadway is improved to City standards, it would not be appropriate to allow traffic
generated by development on the subject property to access Lower West Branch Road. The
City's Capital Improvements Plan does not include the reconstruction of this roadway at the
current time. Therefore, full development of the property will be limited until this project is
completed by the City, or until such time that a developer(s) or property owner(s) along the
roadway reconstructs the roadway. An assessment project is one possible means of
reconstructing the road. This would entail the City constructing the street and assessing
adjacent property owners for their share of the construction costs.
Without access to Lower West Branch Road, the only current access to the proposed RSo5
zone is from Ashford Place, a local street that was platted as part of Windsor Ridge, Part 15,
to the west of this site. Potential opportunities for additional connections to Court Street
exist within the proposed ID-RS zone located east of Ralston Creek and on the site that has
been reserved for the elementary school. However, both of these properties are, for the time
being, controlled by others. The City's secondary access guidelines suggest that
development served by a single access on a local street be limited such that it generates no
more than 500 vehicle trips per day. Using a trip generation estimate of 7 vehicles per day
per dwelling unit, this threshold would be reached at 72 dwelling units. This limitation,
together with restrictions on access to Lower West Branch Road, suggests that it may be
premature to rezone the full area requested for RS-5 zoning. At staff's request, the applicant
amended the application to reduce the size of the area being requested for RSo5 zoning from
52.18 acres to 42.78 acres, with the 9.4 acres reduced located along Lower West Branch
Road, where the infrastructure limitation exists.
Staff recommends that the proposed RS-5 zone be scaled back to a greater extent to better
represent an area that could reasonably accommodate the 72 dwelling units permitted on the
single-access local street. Unless the applicant can demonstrate through the submittal of a
concept plan that the larger parcel is needed to accommodate this number of lots, staff feels
that a zoning parcel of about 25 to 30 acres would be more appropriate, and provide the
ability to plat the 72 building lots with some additional acreage to provide flexibility. If in the
future a second means of access can be established, a rezoning from ID-RS to another
classification can be requested.
Other Infrastructure Issues: Development of this property requires the improvement of the
Court Hill trunk sewer. The need for these improvements is not directly related to the
annexation and development of the subject property, however. Public Works has been
concerned about the capacity of this portion of the sanitary sewer system for some time.
The upgrade to a larger diameter sewer is scheduled for fiscal year 2001. It appears that this
project will begin later this year.
When Windsor Ridge was annexed in 1993, the applicant installed a water main along
American Legion Road to provide water service to the development. An agreement was
reached at the time that the costs of the installation of the water main would be made up by
credits toward the water main extension fees typically charged to new developments, Public
Works has noted that at some point during the development of this property, the applicant's
credit as a result of the water main construction that occurred earlier will be expended, and
water main extension fees, currently $395 per acre, will be required.
Sensitive Areas Ordinance: The subject property contains the upper reaches of the southern
branch of Ralston Creek, a tree-lined stream corridor, as well as areas of potential groves
along the creek. Buffers for the stream corridor should be established on a sensitive areas
site plan at the time of subdivision application for this property. An evaluation of the trees
along the stream corridor should also occur to determine whether any areas meet the
definition of a grove, and if so, measures should be taken to preserve these areas where
possible.
Neighborhood Open Space: A total of .94 acres of open space will be required based on
42.78 acres of RS-5 zoning being proposed. The Northeast District Plan illustrates a linear
green space and a trail along Ralston Creek. The Plan also notes the presence of an
archeological site on the property - the supports of an old stone railroad bridge that should be
considered for incorporation into an open space feature within the neighborhood. The trail is
part of a proposed neighborhood trail network that would connect various features within the
neighborhood. A small buffer will be required along the stream corridor as required by the
Sensitive Areas Ordinance.
The acquisition of open space under the Neighborhood Open Space Ordinance typically
occurs at the time a property is subdivided or upon approval of a planned development. Staff
recommends that the establishment of a trail along the stream corridor be considered
essential and required as part of this development, as well as the retention of the old railroad
bridge as an amenity within an open space feature within the development. Participants in
the Northeast Planning District Workshops expressed a clear desire for trail networks that
connect people to major neighborhood amenities and to other residential neighborhoods. This
trail link would clearly serve those purposes.
Summary:
The proposed annexation appears to be consistent with the City's annexation policy, provided
that measures are taken to ensure that the eventual development of the property occurs in a
manner that allows for the efficient delivery of City services in the area. The proposed RS-5
zoning may result in development that is consistent with the Comprehensive Plan, provided
that the general neighborhood design policies contained within the Northeast District Plan are
incorporated into the design of the development. The retention of the old stone railroad
bridge supports should also be ensured. Staff recommends approval of the proposed
annexation and rezoning subject to a conditional zoning agreement that ensures the retention
of and the provision of public access to the old stone railroad bridge, and the incorporation of
the general neighborhood design policies contained in the Northeast District Plan into the
eventual development plans for the subject property. These design policies include the
provision of an interconnected street system, pedestrian oriented streets that enhance
neighborhood quality, the preservation of natural features on the site, and the provision of
pedestrian and bicycle connections where needed.
STAFF RECOMMENDATION:
Staff recommends that ANN00-0001/REZ00-0012, a request for voluntary annexation of
69.37 acres located at the southeast corner of Lower West Branch Road and Taft Avenue,
and to rezone 42.78 acres from County RS to RS-5 and 26.59 acres from County RS to ID-
RS, be approved, subject to a reduction in the size of the proposed RS-5 parcel to no more
than 30 acres to better represent the amount of property that can be developed on a single-
access along a local street, and subject to a conditional zoning agreement that ensures: 1)
that the eventual development of the subject property is consistent with the neighborhood
design policies contained in the Northeast District Plan, including the provision of a
neighborhood trail along or near Ralston Creek; and 2) the retention of the old stone railroad
bridge on the site in a manner that provides public access to this feature within the
development.
ATTACHMENTS:
1. Location map.
2. Annexation/rezoning exhibit.
3. Excerpt from the Northeast District Plan.
Approved by: //~/'
Robert Miklo, Senior Planner
Department of Planning and
Community Development
SITE LOCATION: Windsor Ridge ANN00-0001 / REZ00-00012
]: BEGINNING AT NE NORTHEAST ~ OF Te~ SOU'i},F_AST
QUARTER OF SECllON 7. T7gN, RSW, OF THE 51H P.M..
PONT OF e~:CsNNmC I ' JOHNSON COUNTY I ' '
e0Pc~o ~oes__,,~.:A I , OWA; 'D~NC[ SOO'Sg 54 E, ALONG THE
P E T
. : AS LINE OF SAID SOUI~AST OUARER, 445`54 FEET, TO
....... --~: ...................................... ~'~",'r'l~ ........................... i'TsH.it" ....................... ' L_ ............ THE NOItTHEAST CORNER OF STONE GIt[[K SU~DI~SION, TO
_ _ __ JOHNSON COUNTY, IOWA. IN A~CORDANC[ ~1~4 ~ PLAT
................................................... ...................... I ................................................................ 'II.e~OF, RECORDS OF THE JOHNSON COUNTY RECOROER'S
~ OFFIGIE: 'IFeiCE S89'0¢3'0~'1, ALONG THE NORIl-I UNE OF
~i ~ CORNER SAiD 9JBOIMSIOI4, 3J1.58 FEET, TO THE NORTHt(ST COllIER
LEGEND AN D NOTES ~ POINT ~ ~:QNN G : S~U.r14E~STTQU~RTE~ ~I'IEREOF; THENCE S00'59'54'E, ALONO THE YI[ST LINE, OF
~ pROF;~OSED~.~N S[C ?-T?gN-RSW THEREOF; THENCE N8g~X)'N'E, 331.58 FEET. TO THE
.' : ~ ~,~"C:,,"'%%~'' IDRS ZONE ~T~,ST C;~. mBEOF; m~cE mo~'~4'r~ N~e ,~
337. OF THE ~CORDS OF THE ,X)I-INSON COUNTY
-- --: ~tT ~ :~o. e~ mzD ' k .enr.~ ~.st [ OFFICE; THENCE S89'59'58'W, N,ONe SNO NORm URE
2 _' _' :' _' _" 7 _": i ~C~'~7~"~t~ ~"~'~ ~ ~ ITS WESTERLY PRO,JEC1~ON, 568.56 FEET: THENCE
N3O"IO'12'E, 184.46 EET; THENCE N15'25'41'E, 286.16
//~- ~,B, au,~m mue, me,a . ,,a i FEET: THENCE NOO'Og'52'W, 479.10 FEET; THENCE
N18'Og*37'W, 300.75 FEET: THENCE N4r25'O2'W, 184.92
----~-~,~'::~L':_ ~ ~ '~ 'i FEET: THENCE ..o~.',o'., ....FEET; THENCE
~ (Y 0. tS LESS 1 r T LO ~ rt ~e,i~oe~ I N25'56'27'W, 229,55 FEET; THENCE STT58'50'W, 275,4'0
T~W~aT~ IL~.~e:rdlk~'lS!~J" T sam ~:~ FEET: THENCE NOg'30'OT'W. lee. ee FEET: THENCE
FEET: THE. .,5,,.
~ FEET: THENCE S89"M'M'F., ALma 1~ NORTH LkN( OF
5 NE .s.r I SOUTHEAST QUARI[R, 1517.98 FEET, TO THE POINT OF
BEQNNING, SND IRACT OF ~ CCNTA~S 26.5~ ACRES,
4:~.78 offel IS SUgJECT TO ~T~ JINO R[[FRTCTX]NS OF
QU~RIER OF SECTION 7, T79N, RSW OF THE FIFlI.I
_~,,/,iI~F ~'~ jOHNSON COUNTY, ~WA; THENCE N89~JB'56"W, ALONG THE
~ NORTH UN( OF SAJD SOU1H~AST QUARI[R, 1571.98 FEET;
PROPC)SI=D THENC~ S01'12'10"E, 315,16 FEET, TO THE POINT OF
2~ ,~/IDFEI ZONE . . BEGINNING; THENCE NBT46'23'E, 45144 FEET; THENCE
S09?IO'07'F., 188.88 FEET: THENC~ N77'58'50"E, 275,40
//~ ~, 26.59 ocres FEET; THENCE S25'56'27"[, 229.55 FEET; THENCE
N60'7-,}"10~,, 44R5~ FEET; THENCE S4r'25'O2"E. 1M.92
FEET: THENCE S1rOg'37'E. 300.75 FEET; THENCE
S00'09'52°E, 479.10 FEET; THENCE S15'~5'41'W, 286.18
FEET; TH~Ner S30"10'12'W, 1114.46 FEET, i"0 A POINT ON
1HE NORTH LINE OF AUDI'R3R'S PNIC[L fi~387, N ACCOROAN~
I'i1.1 ~ PLAT IECOR(XO IN BOOK 40, AT PACE 3.1~, OF
"/'*' 259 S89"59'58'W. ALONG THE NORTH LINE OF SAJO AUDITON'S
~ 1~4.4J~ Ni. ae' PARr'YL ggOR7, ^ DISTANCE OF 1294.42 FEET, TO THE
258 /," m'N'w NORTHM~ST ~ THEREOF AN(} A POINT ON *fi41: EAST LINE
OF INDSOR ~OCE, PART FTI[EN, TO IOWA O~f. IOWA IN
W ACCORD~J¢C[ MTH THE RECCRO~D Pt. AT 11-~REOF; THENCE
; NOr'29'lO'l. ALONG SM3 E~ST LIME OF INOS43R RIOC[ PNIT
~R~'~R~R~q~s~r~ ,~ m ~aJe-t n~/~J/,,,s~urlO~ i 42.78 ACRES, AND IS SUBJECT TO E~MENI~ ANO
m m RESTRICtiONS OF R[CORO,
........... ..-._,,,_,,,_: ~ -- , ~ ~
................
] 25'7 II ' ,
OLrI'LOT ',J' iI
/ CX/T'LOT '0' [,OCAT]ON MAP
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public headrig will be held by the City Coundl of Iowa City, Iowa, at 7:00 p.m. on the 18u~
day of July, 2000, in the Civic Center Coundl Chambers, 410 E. Washington Street, Iowa City, Iowa, at which headng the
Ceundl will consider:
1. A resolution approving the annexation of 69.37 acres of property located at the southwest comer of Lower West
Branch Road and Taft Avenue.
2. An ordinance to rezone 30.32 acres from County Suburban Residential (RS) to Low Density Single-Family
Residential (RS-5) and 39.05 acres from County Suburban Residential (RS) to Intedm Development Residential
(RDIS) for property located at the southwest comer of Lower West Branch Road and Taft Avenue.
Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their views known for Coundl consideration am encouraged to appear at the above-
mentioned time and place.
MARlAN K. KARR, CITY CLERK
ppdadmin\notices%council7-18.doc