HomeMy WebLinkAbout2001-07-31 Public hearing NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 10th day of July, 2001, in the
Civic Center Council Chambers, 410 E.
Washington Street, Iowa City, Iowa, or if said
meeting is cancelled, at the next meeting of the ~
City Council thereafter as posted by the City Clerk;
at which hearing the Council will consider:
An ordinance amending the zoning Code ~ ~
Section 14-6E8 Central Business Zone ,,~
(CB-10) allow dwellings on or below the
ground floor subject to a special exception.
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 Council consideration
are encouraged to appear at the above-
mentioned time and place.
MARlAN K. KARR, CITY CLERK
City of Iowa City
M MORANDUM
July 25, 2001
To: City Council and Planning and Zoning Commission
From: Karen Howard, Associate Planner ,~,d'~'
Re: CB-10 Historic Landmark amendment
In preparation for your joint work session scheduled for Monday, July 30, staff has
prepared an alternative to the original Zoning Code amendment proposal submitted to
the Planning and Zoning Commission in June. Attached you will find a copy of the
original proposed amendment and a copy of an alternative version intended to address
concerns expressed by the Planning and Zoning Commission at their June 21 meeting.
A copy of the Planning and Zoning Commission minutes from this meeting is included for
your review.
The attached alternative contains new language intended to prevent the conversion of
historic storefront commercial buildings from commercial use to residential use. The
revised language lists criteria that relate specifically to characteristics of commercial
storefront buildings. It will prevent the Board of Adjustment from granting a special
exception for dwellings on the ground floor of landmark buildings that have historically
been used for commercial purposes.
As an additional aid to your discussions, we have included a map of the CB-10 Zone,
which highlights the buildings that would be categorized as "storefront commercial
buildings" as defined by the criteria specified in the code amendment, The Board of
Adjustment would not have the power to grant a special exception for storefront
buildings that meet the criteria. This map also shows the properties that may benefit
from adoption of this amendment in the future, including the Carnegie Library property,
which was the original impetus for the code amendment.
ORIGINAL PROPOSED AMENDMENT:
14-6E-8: CENTRAL BUSINESS ZONE (CB-10):
D. Special Exceptions:
3. Dwellings located on or below the ground floor, subject to the
provisions of subsection G. 3.of this section.
G. Special Provisions:
3. Because continued use and occupancy of historic structures
contribute to maintenance of the City's historic, aesthetic and cultural
heritage, any listed use in the CB-10 zone may be established by
special exception on properties that contain an Iowa City Historic
Landmark, subject to the following:
a. A rehabilitation plan must be approved by the Historic
Preservation Commission. The rehabilitation plan must be
completed before an occupancy permit is granted.
b. The proposed use will not significantly alter the overall commercial
character of the Central Business District Zone (CB-10).
c. The applicant must demonstrate to the satisfaction of the Board of
Adjustment that conditions on the site limit its ability to
accommodate a commercial use on the ground floor.
d. Establishment of the use will not be in conflict with the
Comprehensive Plan.
e. The Board of Adjustment may, to the extent it finds necessary
under the circumstances, modify zoning requirements that would
limit or prevent use, re-use, or occupancy of an Iowa City Historic
Landmark under the provisions of this Section.
ALTERNATIVE LANGUAGE:
14-6E-8: CENTRAL BUSINESS ZONE (CB-10):
D. Special Exceptions:
3. Dwellings located on or below the ground floor of a building or buildings
located on property designated as an Iowa City Historic Landmark, provided
the following standards are met:
a. A rehabilitation plan must be submitted to and approved by the Historic
Preservation Commission. The rehabilitation of the property must be
completed before an occupancy permit is granted.
b. The proposed use will not significantly alter the overall commercial
character of the Central Business Zone (CB-10).
c. The applicant must demonstrate to the satisfaction of the Board of
Adjustment that conditions on the site limit the ability of the site to
accommodate a commercial use on the ground floor.
d. If an existing building on a landmark property includes at least three out of
four of the following commercial storefront characteristics, dwellings are
not permitted on the ground floor of that building:
1). The main entrance to the building is at or near grade;
2). The front facade of the building is located within 10 feet of the front
property line;
3). The front fa(~ade of the building contains ground floor display
windows; and
4). The building was historically used for commercial purposes.
G. Special Provisions:
3. Because continued use and occupancy of historic structures contribute to
maintenance of the City's historic, aesthetic and cultural heritage, the Board
of Adjustment may, to the extent it finds necessary under the circumstances,
grant a special exception to modify dimensional and/or off-street parking and
loading requirements that would limit or prevent use, re-use, or occupancy of
a property designated as an Iowa City Historic Landmark, provided that a
rehabilitation plan for the property is submitted to and approved by the
Historic Preservation Commission and the general special exception
standards contained in section 14-6W-2B of the City Code are met. The
rehabilitation of the property must be completed before an occupancy permit
is granted.
Landmark Ordinance in the CB-IO Zone
-- -- , Iowa Avenue
I Washington Street
I_ ..........
Pedestrian Mall College Street
L
Burlington Street
Section 14-6E-8: CENTRAL Buildings that meet at least threeBuildings that do not meet
BUSINESS ZONE (CB-10): of the following criteria: three or more of the
A. Intent: The Central Business · Entrance to building is near criteda and are Iowa City
Zone (CB-10) is intended to be the or at grade. land- marks or landmark
high-density, cemapct, · The front facade of the build- eligible.
pedestrian-oriented shopping, ing is within 10 feet of theI" ' '1 Area of CB-10 zone
office, service and entertainment front property line. I r where intent of the
area in Iowa City. Development · The facade of the build-
I I zone has been most
and redevelopment in this Zone ing contains ground floor L_ _ _l successful.
should occur in compact display windows.
groupings, in order to intensify the · The building was historically Historic "Civic Corridor"
density of usable commercial used for commercial on the
spaces, while increasing the ground floor.
availability of open spaces, plazas · Or is not an Iowa City
or pedestrianways. landmark or landmark eligible.
Planning and Zoning Commission Minutes
June 21,2001
Page 6
The motion carried on a vote of 7-0.
CODE AMENDMENT ITEMS:
Discussion of an amendment to the Zoning Code Section 14~6E-8, G 3, Special Provisions to allow the Board of
Adjustment to permit alternative uses of Historic Landmark Buildings.
Miklo gave staff report. He said they are proposing the amendment to allow residential uses on the first floor of
certain Iowa City landmarks in the Central Business zone (CB-10). It would be an exception approved by the
Board of Adjustment if certain criteria were met.
He said this is in response to a memorandum from Jim Clark that outlines the difficulties of developing the
Carnegie Library. He said the Comprehensive Plan calls for some zoning flexibility for landmark buildings. He
said the amendment provides safeguards to assure that retail storefronts are not displaced. The Board of
Adjustment would review these on a case-by-case basis.
He said the Commission had asked if they could craft an item to address separately a historic building from the
remaining lot and/or a non-historic building.
Behr said the amendment as drafted does allow the distinction to be made on a case-by-case basis by the
Board of Adjustment. He said making that distinction in the code might be counter to the purpose of the
amendment which is to provide flexibility and promote continued use of a landmark structure.
Ehrhardt asked if the Board of Adjustment has the same mind set as the Commission.
Miklo said it is similar in that the Board uses the Comprehensive Plan and zoning ordinance to guide its
decisions but the Board makes decisions regarding special exceptions and variances rather than making a
recommendation to the City Council.
Miklo showed a map illustrating the CB-10 zone and the six historic landmarks currently in that district. He went
through all six, listing three that could be considered for ground floor residential and three that couldn't give the
requirements of the proposed ordinance.
He said the draft ordinance applies to very few properties and therefore there would be no detriment to the
commercial character of downtown. He said there are a few unique properties where flexibility is in order.
Michael Gunn, Chair, Iowa City Historic Preservation Commission, 1011 Sheridan Avenue said per the
downtown survey there are approximately 43 properties that are eligible for the National Historic Register, which
has more rigorous requirements than Iowa City landmark status does. He said almost all were originally for
commerce and still are.
Ehrhardt asked how many were not originally commercial.
Gunn said eight and listed them. They include the Press-Citizen Building, the Commerce Center (Elks), the
Episcopal Church, the Vogel House, the Van Patten House, the Masonic Hall, and the Carnegie Library.
Ehrhardt expressed concern about separate buildings on a lot designated historic.
Gunn said their guidelines provide for approval of a new building before approval of demolition. He said
separating the historic building from the remainder of the property in this zoning amendment is not a good idea
as it would limit the Historic Preservation Commission's ability to assure the new building is compatible with the
landmark.
Chait asked about the Senior Center (old post office) and the review of design.
Miklo said it is not an Iowa City landmark so this would not apply.
Public discussion open:
Jackie Briqqs, 714 North Johnson Street, said she is the Executive Director of Friends of Historic Preservation.
She distributed a letter from Joyce Barrett, Executive Director of the Iowa Historic Preservation Alliance.
Planning and Zoning Commission Minutes
June 21,2001
Page 7
She said Friends of Historic Preservation supports the amendment because it provides for the preservation of
historic buildings and adoptive reuse.
John Shaw, 437 South Summit, said he is the project architect for the Carnegie Library. He said we owe it to
ourselves to preserve our culture. He said these buildings would come down if a viable use cannot be found for
them.
Lars Anderson, 45 Heron Circle, represents South Linn partners. He spoke in favor of the amendment. He said
it empowers the Board of Adjustment to make a determination whether an exception is appropriate. He said
anything that needs a permit requires Historic Preservation Commission review. He said the amendment gives
property owners the ability to preserve and maintain historic landmarks.
Anciaux asked if South Linn is interested in elderly residences on the first floor.
Anderson said they would not be interested.
Ehrhardt said she is not convinced there couldn't be commercial on the first floor.
Anderson said there are parking and cost concerns for commercial and it is much more expensive to build for
commercial. It is difficult to rent commercial space if it does not have parking.
Public discussion closed,
MOTION: Shannon moved to approve an amendment to the Zoning Code Section 14-6E-8, G 3, Special
Provisions to allow the Board of Adjustment to permit alternative uses of Historic Landmark Buildings.
EEhrhardt seconded the motion.
Hartsen said that in order for him to approve a code amendment he has to feel there is a need for it. He said
he's having a hard time finding a need for this amendment. He said the City has spent millions of dollars trying
to make it viable again for business; he suggested that if we kicked out half the bars the City would get the
businesses coming back. Hansen said a lot of people have invested a lot of money in new structures in
downtown and have played by the old rules (i.e., the zoning code) and they are now sitting there with their
commercial space [standing empty]. Hansen said if the bar problem gets solved the downtown commercial
problem would be solved as well.
Hansen pointed out that the option of senior housing on the ground floor already exists as a permitted use in the
CB-10; he believes this option should be explored. This option does not rely on anyone's word, it can be done
under current rules, and people should be a little more creative with how they market their structures. Hansen
suggested that every time somebody could not think of a way to fill their commercial space they sought an
amendment to the rules. Hansen said he doesn't think an amendment is necessary in this situation and he
would vote against it.
Chait said he is a big supporter of the Historic Preservation Commission and the work they do. Chair said the
Clark family has done an incredible job over the last twenty-five years of growing with the community; the most
recent structures they have built have been significant contributors to the character of the City. Chair said he
would be voting against the amendment for reasons different than Hansen's. Chair stated that he is on the
Planning & Zoning Commission, not HPC. Chait said his commitment is to the CB-10 zone and the urban fabric
of the downtown; the commitment of the City is to provide CB-10 use and reuse. Chait said he was worried
about starting a pattern of adaptive reuse that could detrimentally alter the fabric of the downtown. He informed
the Commission that because "things change," he would be willing to lose the Carnegie Library--if reuse is not
economically viable--in the interest of preserving the City's commitment to the CB-10, to continue providing the
kinds of uses it was intended for in the interest of preserving the urban fabric. He thinks the architect, designer
or property owner can and should be more creative in their approach. Hansen said the Clarks have the option of
having elderly housing on the first floor, he said that if the Commission gives them their way they are preventing
the building from serving a commercial use. He added that he hopes the building can stay.
Ehrhardt said she also supports historic preservation and she would not want to erect barriers to designation of
landmarks, but she agrees with Chair that the Commission's charge is the preservation of the downtown.
Ehrhardt doesn't want the downtown to be student housing and bars; she said she sees that being its future
unless P&Z works hard to prevent it. Ehrhardt said she would be voting against the amendment.
Anciaux said when they discussed the Carnegie Library he was most concerned about the developer buying the
building and the Commission putting a landmark designation on it that went along with Historic Preservation.
Planning and Zoning Commission Minutes
June 21, 2001
Page 8
He's happy to see the developer trying to restore it himself and if he needs some help the City should support
him. He will support this amendment.
Koppes said she's not comfortable with it because she doesn't want to change the fabric of downtown.
Shannon said he's been concerned about the empty storefronts. Residential does not solve all the problems.
Bovbjerg said the amendment to the zoning code provides for exceptions in rare instances. She said it allows
people to work with difficult historical properties and make them viable.
The motion failed on a vote of 2-5. Bovbjerg and Anciaux voted for it.
Discussion of letter from Northside Neighborhood Association regarding site plan review ordinance.
Miklo said the original site plan ordinance included language requiring that infill development be compatible with
existing neighborhoods. The language addressed building placement and height in relationship to neighboring
properties. At the request of the Home Builder's Association, the Commission struck the language from the
ordinance. A recent project on Bloomington Street includes a parking in the front yard in a neighborhood where
all other parking is in the back of buildings. The City turned down the site plan because it was not compatible
with the neighborhood. The owner appealed to the Board of Adjustment. The Board felt the site plan language
did not have strong enough language pertaining to neighborhood compatibility to allow the City to deny the
permit. In response to the situation the North Side Neighborhood wrote the letter asking for a review of
neighborhood compatibility language. Miklo said staff felt this would be best addressed in the Code rewrite
which will occur over the next two years.
Ehrhardt asked for the original and ordinance language.
Miklo said he would provide that.
Bovbjerg suggested discussing this at a meeting in the near future.
Public discussion open:
John Fitzpatrick, 721 North Linn, said he chairs the traffic and parking committee of the Northside Neighborhood
Association. He said a recent project on Bloomington Street which is incompatible with the established
neighborhood demonstrates the need for neighborhood compatibility language in the code. They are concerned
that another situation could occur before the entire code is reviewed.
Public discussion closed.
Hansen moved to approve the minutes of the May 17, 2001 Planning and Zoning Commission meeting
as written. Shannon seconded the motion. The motion carried on a vote of 7 - 0.
ADJOURNMENT:
The meeting was adjourned at 10:22 p.m.
Dean Shannon, Secretary
Minutes submitted by Diane Crossett
ppdadn~n/min/p&z06-21-01 doc
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the thirty-first day of July, 2001, in
Emma J. Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
1. A resolution approving the annexation of
approximately 26.88 acres of property
located south and east of Scott Boulevard
and Rochester Avenue, and 6.25 acres of
property located east of Scott Boulevard and
south of Lower West Branch Road.
2. A resolution approving the annexation of
approximately 95.2 acres of property located
north of Court Street, south of Lower West
Branch Road, and east of Hummingbird
Lane / Scott Park Drive, and approximately
10 acres of property located south of Lower
West Branch Road and east of
Hummingbird Lane.
3. An ordinance to rezone approximately 105.2
acres of property from Suburban
Residential, County RS, to Low Density
Single Family, RS-5 (45.08 acres) and
Medium Density Single Family, RS-8 (60.13
acres), for property located north of Court
Street, south of Lower West Branch Road,
and east of Hummingbird Lane.
4. An ordinance to fezone approximately 38.24
acres from Low Density Single Family, RS-5,
County Highway Commercial, CH, County
Local Commercial, C1 and County Multi-
Family, R3A to Community Commercial,
CC-2 (10.99 acres), Medium Density Single
Family, RS-8 (21 acres), and Low Density
Single Family, RS-5 (6.25 acres) for property
located east of Scott Boulevard and south of
Rochester Avenue and Lower West Branch
Road.
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, Civic Center, Iowa City,
Iowa. Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and place.
MARlAN K. KARR, CITY CLERK
Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (ANN 99-0003)
RESOLUTION NO.
RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 26.88
ACRES OF PROPERTY LOCATED SOUTH AND EAST OF SCOTT
BOULEVARD AND ROCHESTER AVENUE AND APPROXIMATELY 6.22
ACRES OF PROPERTY LOCATED EAST OF SCOTT BOULEVARD AND
SOUTH OF LOWER WEST BRANCH ROAD.
WHEREAS, the owner, Plum Grove Acres, Inc., has requested annexation of the 26.88 acre tract
into the City of Iowa City; and
WHEREAS, the applicant has included in their application, at the City's request, an additional
approximate 6.22 acre tract located south of Lower West Branch Road and west of Hummingbird
Lane including Hummingbird Lane; and
WHEREAS, in accord with the principles outlined in Iowa Code Chapter 368, the properties on the
west side of Hummingbird Lane are proposed to be annexed to avoid the creation of irregular City
boundaries and to avoid the creation of an island of unincorporated properties entirely surrounded
by incorporated properties; and
WHEREAS, pursuant to Iowa Code Section 368.5 and Section 368.7 (2001), 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, the East Central Iowa Council of Governments, and the affected property owners
on the west side of Hummingbird Lane; and
WHEREAS, the City of Iowa City City Council wishes to provide for the transition of the imposition
of the City property tax levy as permitted in Iowa Code Section 366.11 (13) for the 6.22 acre parcel
located south of Lower West Branch Road and west of Hummingbird Lane.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The following described land should be annexed to the City of Iowa City:
A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 7,
TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP
79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA; THENCE S00°35'42"W, ALONG THE WEST LINE OF THE
NORTHWEST ONE-QUARTER OF SAID SECTION, 964.84 FEET TO ITS
INTERSECTION WITH THE CENTERLINE OF CASSADY'S RELOCATION OF
WILLIAMSON AND JAYNE ROADS, ALSO DESIGNATED AS OLD IOWA STATE
HIGHWAY NO. ONE OR ROCHESTER AVENUE; THENCE N76°32'52"E, ALONG
Resolution No.
Page 2
SAID CENTERLINE, 39.25 FEET TO SAID POINT OF BEGINNING; THENCE
CONTINUING N76°32'52"E, ALONG SAID CENTERLINE, 607.72 FEET TO THE
NORTHWEST CORNER OF LOT 1 OF TEGLER SUBDIVISION TO JOHNSON
COUNTY, IOWA, AS RECORDED IN PLAT BOOK 25, AT PAGE 42 RECORDS
OF JOHNSON COUNTY, IOWA; THENCE S01°19'52'~/, ALONG THE
WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 324.75 FEET TO A POINT
ON THE NORTHERLY LINE OF A WARRANTY DEED IN THE NAME OF THE
WAVERLY GROUP, INC. AS RECORDED IN BOOK 1034, PAGE 25, RECORDS
OF JOHNSON COUNTY, IOWA; THENCE N88°40'08"W, ALONG SAID
NORTHERLY LINE, 106.04 FEET TO THE NORTHWEST CORNER OF SAID
WARRANTY DEED; THENCE S01°19'52"W, ALONG THE WESTERLY LINE OF
SAID WARRANTY DEED, 404.00 FEET TO THE SOUTHWEST CORNER OF
SAID DEED; THENCE S88°48E, ALONG THE SOUTHERLY LINE OF SAID
DEED. 225.47 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID
TEGLER SUBDIVISION; THENCE S01°19'52"W, ALONG THE WESTERLY LINE
OF SAID LOT 2, A DISTANCE OF 1217.23 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 2, A POINT ON THE SOUTH LINE OF THE SAID
NORTHWEST ONE-QUARTER, AND A POINT ON THE CENTERLINE OF
LOWER WEST BRANCH ROAD; THENCE N86°46'11"W, ALONG THE SOUTH
LINE OF THE SAID NORTHWEST ONE-QUARTER AND SAID CENTERLINE,
622.77 FEET; THENCE N57°39'18"W, ALONG SAID CENTERLINE 72.74 FEET
TO A POINT ON THE EAST LINE OF THE CORPORATE LIMITS OF IOWA CITY,
IOWA; THENCE N00°35'42"E, ALONG SAID EAST LINE, 1732.94 FEET TO SAID
POINT OF BEGINNING, CONTAINING 26.88 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE
FIFTH PRINCIPAL MERIDIAN; THENCE S0005302"E, ALONG THE WEST LINE
OF SAID SOUTHWEST QUARTER, 602.83 FEET; THENCE N89°06'58"E,
ALONG THE NORTH LINE OF LOT 68 OF SCOTT BOULEVARD EAST PART
THREE, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF, 300.00
FEET, TO THE POINT OF BEGINNING; THENCE N00°53'02"W, ALONG A LINE
PARALLEL WITH AND 300.00 FEET NORMALLY DISTANT EASTERLY OF THE
WEST LINE OF SAID SOUTHWEST QUARTER, 621.86; THENCE S58°34'39"E,
72.74 FEET, TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST
QUARTER; THENCE S87041'39"E, ALONG SAID NORTH LINE, 410.75 FEET, TO
ITS INTERSECTION WITH THE WEST LINE OF HOYLE'S FIRST SUBDIVISION,
IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE
S00°40'27"E, ALONG SAID WEST LINE, 559.62 FEET, TO THE NORTHEAST
CORNER OF SCOTt BOULEVARD EAST - PART FOUR, IN ACCORDANCE
WITH THE RECORDED PLAT THEREOF; THENCE S89'06'58"W, ALONG THE
NORTH LINE OF SAID SCOq'r BOULEVARD EAST PART FOUR, AND THE
NORTH LINE OF SAID SCOTT BOULEVARD EAST - PART THREE, 469.70
FEET, TO THE POINT OF BEGINNING. SAID ANNEXATION PARCEL
CONTAINS 6.22 ACRES, MORE LESS AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under Section 368.7 (2001) 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.
Resolution No.
Page 3
4. The City of Iowa City hereby provides for a transition in the imposition of the City property
tax levy for the 6.22 acre parcel located south of Lower West Branch Road and west of
Hummingbird Lane according to the following schedule:
First Year: 75% discount
Second Year: 60% discount
Third Year: 45% discount
Fourth Year: 30% discount
Fifth Year: 15% discount
Sixth Year: 0% discount
5. Appropriate City staff is hereby authorized and directed to certify and file all documents
necessary for the transition in the imposition of the City properly tax levy for the 6.22 acre
parcel as described and outlined herein.
Passed and approved this day of ,20.__
MAYOR
Ap ved by
ATTEST: ~
CITY CLERK o /
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
Prepared by: Robert Mikto, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ99-0017)
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING
REGULATIONS OF APPROXIMATELY 38.24 ACRES FROM LOW DENSITY SINGLE*FAMILY,
RS-8, COUNTY HIGHWAY COMMERCIAL, CH, COUNTY LOCAL COMMERCIAL, C-1 AND
COUNTY MULTI-FAMILY, R3-A TO COMMUNITY COMMERCIAL, CC-2 (10.99 ACRES),
MEDIUM DENSITY SINGLE-FAMILY, RS-8 (21 ACRES), AND LOW DENSITY SINGLE-
FAMILY, RS-5 (6.22 ACRES) FOR PROPERTY LOCATED EAST OF SCOTT BOULEVARD
AND SOUTH OF ROCHESTER AVENUE AND LOWER WEST BRANCH ROAD.
WHEREAS, the owner, Plum Grove Acres, Inc., has requested the rezoning of property which it owns
located between Rochester Avenue and Lower West Branch Road east of Scott Boulevard from its
current RS-5 designation and its current County zoning designation to CC-2, for 10.88 acres of the
property legally described below and from RS-5 and its current County zoning to RS-8 for 21 acres of
property legally described below; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezonings and has
determined that with appropriate conditions to ensure the development of this property in accordance
with the neighbor design policies of the Comprehensive Plan, including the Northeast District Plan, and
with provisions for infrastructure improvements, the proposed rezoning is in conformance with the
Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has determined that the appropriate zoning
designation of approximately 6.22 acres located south of Lower West Branch Road and west of and
including Hummingbird Lane is Low Density Single-Family Residential, RS-5, without conditions; and
WHEREAS, Iowa Code Section 414.5 (2001) 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 caused by the rezoning request; and
WHEREAS, Plum Grove Acres, Inc. acknowledges that certain conditions and restrictions are
reasonable to ensure that the eventual development of the property is in accordance with the
neighborhood design policies of the Comprehensive Plan, including the Northeast District Plan, and to
ensure adequate infrastructure is provided for the area; and
WHEREAS, Plum Grove Acres, Inc. has 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:
SFCTIC)N I APPROVAl. Subject to the terms and conditions of the Conditional Zoning
Agreement, attached hereto and incorporated herein, the property described below is hereby
reclassified as follows:
Ordinance No.
Page 2
a. The following property is hereby conditionally reclassified from its current designation of RS-5 and
County zoning designations to CC-2:
Commencing at the Northwest corner of Section 7, Township 79 North, Range 5 West of Fifth
Principal Meridian, City of Iowa City, Johnson County, Iowa; Thence S00°35'42"W, along the
west line of the Northwest one-quarter of said Section 7, a distance of 964.84 feet; Thence
N76°32'52"E, 309.25 feet; Thence S00°35'42'W, 34.02 feet to a point on the southerly
right-of-way line of the Herbert Hoover Highway SE and the Point of Beginning; Thence
continuing S00°35'42"W, along said southerly right-of-way line, 28.24 feet; Thence N76°21 '05"E,
along said southerly right-of-way line, 248.04 feet; Thence N73°14'51"E, along said southerly
right-of-way way line, 200.84 feet; Thence N75°51'05"E, along said southerly right-of-way line,
162.16 feet; Thence S01°19'52"W, 277.16 feet; Thence N88°40'08"W, 106.04 feet; Thence
S01°19'52" 404.00 feet; Thence Southwesterly, 203.93 feet along an arc of a 780.00 foot radius
curve, concave Southeasterly, whose 203.35 foot chord bears S83°50'48"W; Thence
S76°21'24"W, 402.01 feet; Thence Southwesterly, 137.43 feet along an arc of a 720.00 foot
radius curve, concave northwesterly, whose 137.22 foot chord bears S81°49'30"W to a point on
the easterly right-of-way line of Scott Boulevard; Thence northwesterly 256.51 feet along
southeasterly right-of-way line and a arc of a 1050.00 foot radius curve, concave southwesterly
whose 255.87 foot chord bears N01°46'38"W; Thence N17°46'32"W, along said easterly right-
of-way line, 339.36 feet to a point an the southerly right-of-way line of Rochester Avenue;
Thence northeasterly, 115.69 feet along said southerly right-of-way line and an arc of a 5698.58
foot radius curve, concave southeasterly, whose 115.69 foot chord bears N73°18'34"E; Thence
S00°35'42"W, 292.94 feet; Thence N76°32'52"E, 183.74 feet; Thence N00"35'42"E, 297.99 to a
point on said southerly right-of-way line; Thence northeasterly, 71.44 feet along southerly
right-of-way line and an arc of a 5698.58 foot radius curve, concave southeasterly, whose 71.44
foot chord bears N76°04'49"E; Thence N75°41'02"E, along said southerly right-of-way, 54.42
feet to the Point of Beginning, containing 10.88 acres and is subject to easements and
restrictions of record.
b. The following property is hereby conditionally reclassified from its current designation of RS-5
and County zoning designations to RS-8:
Commencing at the Center of Section 7, Township 79 North, Range 5 West of the Fifth Principal
Meridian, Johnson County, Iowa; Thence N86°46'11"W, along the centerline of Lower Branch
Road SE, 1836.47 feet; Thence N01°19'52"E, 33.02 feet to a point an the northerly line of Lower
West Branch Road SE and the Point of Beginning; Thence N86°46'11 "W, along said northerly
right-of-way line, 472.36 feet; Thence northwesterly, 220.86 feet along said northerly
right-of-way line and an arc of a 542.00 foot radius curve, concave northeasterly, whose 219.34
foot chord bears N75°05'45"W to a point on the east line of Auditor's Parcel 97040 as recorded
in Plat Book 37 at Page 347 in the records of the Johnson County Recorder; Thence
N00°35'42"E, along said east line, 489.17 feet; Thence N89°24'18"W, along th.e north line of
said Auditor's Parcel 97040, a distance of 250.00 feet, to a point on the easterly right-of-way
line of Scott Boulevard; Thence N00°35'42"E, along said easterly right-of-way line, 398.14 feet;
Thence northwesterly, 80.15 feet along said easterly right-of-way line and an arc of 1050.00 foot
radius curve, concave southwesterly, whose 80.13 foot chord bears N01°35'32"W; Thence
northeasterly, 137.43 feet along an arc of a 720.00 foot radius curve, concave northwesterly,
whose 137.22 foot chord bears N81°49'30"E; Thence N76°21'24"E, 402.01 feet; Thence
northeasterly, 203.93 feet, along an arc of a 780.00 foot radius curve, concave southeasterly,
whose 203.35 foot chord bears N83o50'48"E; Thence S88°40'08"E, 225.47 to the Northwest
corner of Lot 2 of Tegler Subdivision, as recorded in Plat Book 25 at Page 42, records of
Johnson County, Iowa; Thence S01°19'52"W, along the westerly line of said Lot 2, a distance of
1184.21 feet to said Point of Beginning containing 21.00 acres and subject to easements and
restrictions of record.
Ordinance No.
Page 3
c. The following property is hereby reclassi~ed from its current designation of County Suburban
Residential RS to RS-5 without being subject to the terms and conditions of the Conditional Zoning
Agreement:
Commencing at the Northwest Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 West of the Fifth Principal Meridian; Thence S00°53'02"E, along the West Line
of said Southwest Quarter, 602.83 feet; Thence N89°06'58"E, along the North Line of Lot 68 of
Scott Boulevard East Part Three, in accordance with the Recorded Plat thereof, 300.00 feet, to
the Point of Beginning; Thence N00°53'02"W, along a line parallel with and 300.00 feet normally
distant Easterly of the West Line of said Southwest Quarter, 621.86; Thence S58°34'39"E, 72.74
feet, to a Point on the North Line of said Southwest Quarter; Thence S87°41'39"E, along said
North Line, 410.75 feet, to its intersection with the West Line of Hoyle's First Subdivision, in
accordance with the Recorded Plat thereof; Thence S00°40'27"E, along said West Line, 559.62
feet, to the Northeast Corner of Scott Boulevard East - Part Four, in accordance with the
Recorded Plat thereof; Thence S89°06'58"W, along the North Line of said Scott Boulevard East
Port Four, and the North Line of said Scott Boulevard East - Part Three, 469.70 feet, to the Point
of Beginning. Said Annexation Parcel contains 6.22 Acres, more or less and is subject to
easements and restrictions of record.
SFCTIQN II 7C)NING 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 7ONING AGRFEMFNT. Following final passage and approval of
this ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the
Conditional Zoning Agreement between the applicant and the City,
SFCTIQN IV CFRTIFICATIQN AND RFCORDING. 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 owner's
expense, all as provided by law.
SFCTIQN V RFPEAI FR. All ordinances and parts of ordinances in conflict with the provision of
this ordinance are hereby repealed.
SFCTIQN VI SFVFRABII ITY. If any section, provision or part of this ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SFCTIQN VII EFFFCTIVF DATF. This ordinance shall be in effect after its final passage,
approval and publication, as required by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CiTY CLERK
A~,,p~ed~//- h,//~; "'
ppdadmin/ord/plumgrove doc
Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Plum Grove Acres, Inc. (hereinafter "Applicant").
WHEREAS, Applicant is owner and legal title holder of approximately 31.88 acres of property
located south of Rochester Avenue and east of Scott Boulevard; and
WHEREAS, the Applicant has requested rezoning of this property from Low Density Single
Family. RS-5, County Highway Commercial, CH, County Local Commercial, C-1, and County
Multi-Family, R3-A, to Community Commercial, CC-2 (10.88 acres) and Medium Density Single-
Family Residential, RS-8 (21 acres); 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 with provisions for street improvements, the proposed
rezoning is in conformance with the Northeast District Plan, which is part of the Comprehensive
Plan; and
WHEREAS, Iowa Code Section 414.5 (2001) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and alcove existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable to
ensure that the development of the property is in accordance with the neighborhood design
policies of the Northeast District Plan and to ensure that adequate streets are in place to serve the
property; and
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 2
WHEREAS, the Owners and Applicant have agreed to use this properly 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 the mutual promises contained herein, the Padies agree
as follows:
1. Plum Grove Acres, Inc. is the owner and legal title holder of the property legally described
as follows:
LEGAL DESCRIPllC~I FCR PRCPOS~:D ZONING PARCEL CC-2
~of ffie Norffi~t com~of Section 7. T~79 ~ Ronge SWed of he
FIfffi ~ Ikdd;on, City of Iowa City, Johp.~n County, ~ 11~e~e S00'35'42"W, olong
~eeestrmoftheNcrthwastone-qrnterofsoldSed~7,,,tdexeof964.84feet;lhonc~
wr/Ihe of ~e Hcrbert Hoov~' H'~hway S1~ ond the Point of BegtrmixJ; 11~ence continuin~
SGO'35'42'W, don~ sod sooU~ly ri~t-of-e;y k tRY4 feet; 'lbonce N76~1'05'E, ~
eld suJffied)t ri~t-ol-woy llne, 248.04 feet; lhonoe N73*N'51'F.., along s~l ~ r~t.-of-
woy line, 200.84 feet; Ti~e~oo N75'51'05'E, along sokl southely rk3ht.-of-wey tee, 162.16 feel;
11~ence SOI19'52'W, 277.16 feet; 'lhexe NB~40'OB'W. 106.04 feet; 1hence S0119'52"W,
404.00 feet; ~ S~utheestely, 203.93 feel deng merc of s 780.00 foot rod'us ~rve.
concove Southeasterly, whose 203.35 foot chord beers S83'50'48'W; thence s76'21'24'W.
402.01 fed; lhonce $;uthwe=tely, 137.43 feet, along on ere of s 720.00 foot rod~s ojrw,
ce~xa,e northwested~ whose 137.22 roof che'd beers ~1'49'30'W to s Ix~nt ee the eosterly
right-o -woy line oi Scott Bodevord; 1hence nodhwestedy, 256,51 feet olong sold
eostely ri~t-of-woy I~e exl on crc of o 1050.00 roof rolus ox~e, c~n<:eve southwestely
i~one 255.87 foot <hod beers N10'46'36'if, 1hence N1T46'32'W, o/en<J sod eestely ri~t -
of-way llne, 339.36 ke{ to o pobt on the southerly rlght.-of-eoy fire of Rod~ster Avenue;.
~ r,~dl~e~/, 115.69 feet d~m9 i ,~m'd~erly ~t-of-wy I~e exf on orc of s 569&~
S00'35'42'W, 292.24 feet; lhonce N76'32'52'E, 18174 fee~ lhonce N00"35'42*E, 297.99 feet
to o Ix~t on seid s~jffiedy rk3ht-*d-w~y k lhonce n<rtt~ostorf),, 71.44 feet elon<J s~l
southerly rk3ht-of-woy Ibe ond on orc of o 56~,5~ foet ro<ius tree, concove southe~ely,
H~o~e 71.44 foot c~rd bears N76'C4'49'T.; 1fence N75~'02'E, olot sokl souffiely f~t-of-
~/rme, 54.42 feel. to ~e Print of Bqirmi~ ~tdd~ 10.88 oats e~l b ~b)~d. to eaxm4mts
LEGAL DESCRIPTION FOR PROPOSF_.D ZONING PARCEL RS-8
~6t ffie Ce,ter of Sectlon T, Temdip79Neth, RongeS West oftheRIth Prinded
Ueridion, ,~nsen County, Iowo; 1hence N86'46'lI'W, olor~ ~e centedhe of Lower We~
Bre~ Roo<l ~., t836.47 feel; ~ N0119'52~ 33.O2 fed to · point ~n ~ mrUefy rk~t-
of-way k of L, eeer West Bror~ Rood ~ ond ~e I~nt of Begbning; ~ N86'46'It'W,'
nerthedy rlgM-of-~y line end en erc of s 542.00 foot fod~ ~ cenuave ne'ffieededy,
,Itose 219.34 foot dKx'd bees N75~5'45'W to o I~int on Ihe eat line of Audltor's Percet
97040 es re:~fed b PM 8oek 37 et Pqe 347 h ~e reeeds of ff~e ,,~d~,~ Cconty P-eoxdec,
The~e N0015'42"[, along Iokf cost Ibe' 489.17 let; lhonce N89'2,~'IB"W, along the north
lne of ~id hxll~m ~ 97040, o Iten,:e of 25G00 let, to s I~nt on the eastely right--of-
feet; l~ence northwa~tet)~ 60.15 feet, along ,aid eastely right-.~.way 6he and an arc of a
ffi60.00 foot rocr~ ax,w, ~ ~jffiwestel]ro ~ 80.13 foot dterd beors N0t~5'32'W;,
~,noo norffie~stedy, 137.43 feet. along an arc of a 720.00 f~t ra~is ~ lxx~¢ove
na-thwestely, whoee 137.22 foot chad beats N81'49'30'[; 1hence N76~°24'F., 402.01 feel;
~ northeastely, 203.93 fool olong on arc of a 780.00 foot rodius ce'w, carfare
southeasterly, ~ 203..15 foot d~rd bears N83'50'48*E; lhonce ~8'40'0~., 225.47 feet,
to the Northwest comer of Lot 2 of Tegler ~ulxlllslon, os rwaorded in Rat 8ool 25
at Poge 42, records of ,Johnson County, Iowa; '[hence S01'19'52'W. olong the
we~tedy line of sold Lot 2, a d'~tancs of 1184.21 feet to sold Poltt of Beginning.
contoining 21.00 oa"e~ ond subject to easements a~d restrictions of record.
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 3
2. Owners and Applicant acknowledge that the City wishes to ensure appropriate commercial
and residential development that conforms to the neighborhood design policies contained
within the Northeast District Plan. Further, the parties acknowledge that Iowa Code Section
414.5 (2001) 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, including provisions for
adequate infrastructure necessary to support urban development. Therefore, Owners 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, Applicant agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Applicant agrees that preliminary and final plats and site plans for the eventual
development of this property will demonstrate compliance with the neighborhood
design policies contained within the Comprehensive Plan, including the Northeast
District Plan, and that the City will take these policies into consideration during its
review of said plats and plans.
b. Applicant agrees that the CC-2 property shall develop in general conformance with
the concept plan attached hereto and incorporated herein. Any subdivision or site
plan shall generally conform to this concept plan and shall be designed to create a
Main Street or Town Square style commercial center. The commercial center shall be
designed with a pedestrian orientation incorporating such features as on-street
parking, parking lots behind buildings, minimal or no building setback from sidewalks
and upper floor residential uses.
c. Applicant agrees that prior to the development of the RS-8 property, the applicant or
future property owner shall submit and obtain approval of a Planned Development
Housing Overlay (OPDH), which will adhere to the neighborhood design policies of
the Comprehensive Plan, including the Northeast District Plan.
d. Prior to any plats or development being approved on the property with frontage on
Lower West Branch Road or within 500 feet of Lower West Branch Road, the
reconstruction of Lower West Branch Road must be in a funded year in Iowa City's
Capital Improvements program. Additionally, prior to any plats or development being
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 4
approved for the property with frontage on Lower West Branch Road or within 500
feet of Lower West Branch Road, the Applicant must contribute funds toward the
reconstruction of Lower West Branch Road to the City. The Applicant agrees that the
amount of funds to be contributed by Applicant to City toward the reconstruction of
Lower West Branch Road is $86,652.
e. Applicant agrees to dedicate to City 45 feet of right-of-way south of the centerline of
Rochester Avenue along Rochester Avenue.
f. Applicant agrees to dedicate to City 33 feet of right-of-way south of the centerline of
Lower West Branch Road along Lower West Branch Road.
g. Applicant agrees to install a curb and gutter along the edge of the existing pavement
and an 8-foot wide sidewalk on the south side of Rochester Avenue in conjunction
with the development of the CC-2 property. Applicant agrees that it shall bear all
expense for these improvements and said improvements shall be constructed in
accordance with the City's specifications.
h. Applicant agrees to provide an easement, without compensation, for a sewer main at
a location and along a route mutually acceptable to the Applicant and the City of Iowa
City to serve the Iowa City Care Facility property.
4. The Applicant acknowledges that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code Section 414.5 (2001), and that said
conditions satisfy public needs which are directly caused by the requested zoning change.
5. The Applicant acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
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 with 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.
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 5
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owners or Applicant 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 properly, 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 ,.y.,..~r day of July, 2001.
PLUM GROVE ACRES, INC. CITY OF iOWA CITY
By --~ ' //j )' '~ By
F'tah~ Boyd, President an d S e c e t a r y Ernest W. Lehman, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
STATE OF iOWA )
) ss:
JOHNSON COUNTY )
On this 31st day of July, A.D. 2001, before me, the undersigned, a Notary Public in and for the
State of iowa, personally appeared Frank ~Bo~d,,, to me personally known, who, being by me duly
sworn, did say that he is the President%"f sbaT~c('~rporation executing the within and foregoing
instrument to which this is attached, that no seal has been procured by the said corporation; that
said instrument was signed on behalf of said corporation by authority of its Board of Directors; and
that the said President as such officer acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by him voluntarily executed.
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 6
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this day of ,2001, before me,
, a Notary Public in and for the State of Iowa, personally
appeared Ernest W. Lehman and Marjan 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 ,2001, 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:
Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Plum Grove Acres, Inc. (hereinafter "Applicant").
WHEREAS, Applicant is owner legal title holder of ~ 31.88 acres of property located
south of Rochester Avenue and east ' Scoff Boulevard; and
WHEREAS, the Applicant has rezoning of this from Low Density Single Family, RS-5,
County Highway Commercial, CH, Local Comm~ C-1, and County Multi-Family, R3-A, to
Community Commercial, CC-2 (10.88 and Density Single-Family Residential, RS-8 (21
acres); and
WHEREAS, the Planning and Zoning has determined that, with appropriate conditions
ensuring the development of the property with the neighborhood design policies of the
Northeast District Plan, and with provi.. street improvements, the proposed rezoning is in
conformance with the Northeast District s part of the Comprehensive Plan; and
WHEREAS, Iowa Code Section 41 (2001) hat the City of Iowa City may impose reasonable
conditions on granting an rezoning and above existing regulations, in order to
satisfy public needs directl by the requested char and
WHEREAS restrictions are reasonable to ensure
Northeast District ensure that adequate streets are in pl
WHEREAS, the, 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 the mutual premises contained herein, the Parties agree as
follows:
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 2
1. Plum Grove Acres, Inc. is the owner and legal title holder of the property legally described as
follows:
LEGAL DESCRIPTIC~ F'~ PROPOSED ZOItHG PN~C~ CG-2
woy Ihe of ~e Herbert the Poht ef BqlrmZn9; l~ence
s~r,~'42"w, ~ ,c~s rm. 2u4 fur; Tbe~e H7~'o~%
wey lle, 20G~4 feet; 1hence k75~5i'05~ ek~g , Fee. 162.16 fed;
404.00 ft~ lhc~e ,$~ahwe~ad~, ~_xg_x
dght-d--woy Ike of S feet along soid
~ 255.87 fo~ d~xd sdd .-,.f, edy ri~t -
S00'35*42'K 292.24 fed;
to o p~t 71.44 f~et
~,,thedy ri~ht-of-~r/be cur~ c~nc~e seutheostedy.
dv~e 7t.4~ roo~ .:. ek~g ~d ,an~edy
~/iae. 54.42fd, bffieP~tof 10.88emsmab~ubJ~dtoeosemmb
o~l restrlctia~s of reca'd.
LEGAL DESC~PTION FOR ZOHINO PARCa. RS-8
Commencingot~Center eSWestefthet'F~Prtnc~l
UKkf, on. ,~mson Comty. ~ centedhe of Lower West
of-wq b of Lower Wes[ Bc~h .q Tryrace
nedhedy -of-~y Un, md cur~ conc~e nrb~s~dy.
~ 21gr~ k~ chord bears 1he ~Sl Ik~e d Aud~tor's
Thehoe N89'Z4'HtW, d~ the net~
lle d ~dd/~lt~s m the mstedy d~t. st-
fhmdmercofa
1hence na~hea~tody. O Ix4 rodus curve. con~e
~ence fe~ol~gmercofo~ oot_r.~_.~curve. conco~
to the Northwest, recorded In Rot Book 25
at Page 42t Lye Iewx~ ~ SOlqg'52'W, 61ong the
wuterly rme of distence of 1184.21 f~ SOld Pit d
ocres ond a~bj~t to eoxmmto ~n~ res t.~s of record.
residential t
Northeast Plan. Furlher, the parties acknowledge that Iowa Code Section 414.5 (2001)
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
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 3
caused by the requested change, including provisions for adequate infrastructure necessary to
support urban development. Therefore, Owners 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, Applicant agrees that development of
the subject property will conform to all other requirements of the zoning chapter, as well as the
following conditions: "
a. Applicant agrees that ' and final plats ar the eventual development
of this property will demonstrate hborhood design policies contained
within the Comprehensive Plan, ~cluding the District Plan, and that the City will
take these ; review of said plats and plans.
b. Applicant agrees that the CC-2 develop in general conformance with the
concept plan attached hereto and i~ herein. Any subdivision or site plan shall
generally conform to this concept and shall be designed to create a Main Street or
Town Square style commercial The commercial center shall be designed with a
pedestrian orientation incorporat as on-street parking, parking lots behind
buildings, minimal or no buildir sidewalks and upper floor residential uses.
c. Applicant agrees that develo of the RS-8 property, the applicant or future
property owner shall submi knd obtain of a Planned Development Housing Overlay
(OPDH), which will to the neig design policies of the Comprehensive Plan,
including
d. Prior to any plats or }ment being on the property with frontage on Lower
West Branch within 500 feet of Lower Branch Road, the reconstruction of
Lower West Road must be in a funded in Iowa City's Capital Improvements
prog prior to any plats or develo being approved for the property with
frontage on West Branch Road or within 500 of Lower West Branch Road, the
Applicant mL contribute funds toward the of Lower West Branch Road to
the City. tees that the amount of funds ~ contributed by Applicant to City
toward the 'econstruction of Lower West Branch Road is ',
e. rees to dedicate to City 45 feet of right-of-wa Rochester Avenue.
f. agrees to dedicate to City 33 feet of right-of-way along Lower West Branch Road.
g. Appti agrees to install curb and gutter and an 8-foot wide sidewalk on the south side of
;ster Avenue in conjunction with the development of the CC-2 property. Applicant
agrees that it shall bear all expense for these improvements and said improvements shall be
constructed in accordance with the City's specifications.
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 4
4. The Applicant acknowledges that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code Section 414.5 (2001), and that said conditions satisfy public
needs which are directly caused by the requested zoning change.
5. The Applicant acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The parties acknowledge this Conditional Zoning shall be deemed to be a
covenant running with the land a to the land, ~ shall remain in full force and effect as
a covenant with title to the land,or until
The parties further acknowledge this shall inure to the benefit of and bind all
successors, representatives
7. Applicant acknowledges that nothin Conditional Zoning Agreement shall be construed to
relieve the Owners or Applicant ~mplying with all applicable local, state and federal
regulations.
8. The parties agree that this Condi Agreement shall be incorporated by reference into
the ordinance rezoning the and that upon adoption and publication of the
ordinance, this agreement be recorded the Johnson County Recorder's Office at the
Applicant's expense.
Dated this day of
PLUM GROVE ACRES, INC. CITY IOWA CITY
By By
Frank Boyd, Presiden Lehman, Mayor
Attest:
Marian K. Karr, City Clerk
Appr .
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 5
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 20 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Frank Boyd, to me personally known, who, being
by me duly sworn, did say that he is the .corporation executing the within and foregoing
instrument to which this is attach ( procured by the said) corporation; that said
instrument was signed (and sealed) behalf of (the eal affixed thereto is the seal of said) said
corporation by authority of its Directors; ar that the said President as such officer
acknowledged the execution to be the ' act and deed of said corporation, by it
and by him voluntarily executed.
in and for said County and State
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On thisday of ~u , 2001, before me,
, a Not Public and for the State of Iowa, personally appeared
Ernest W. Lehman and Marian K. Karr, t me persc ~lly known, and, who, being by me duly sworn, did
say that they are the Mayor and City lerk, respe ly, of the City of Iowa City, Iowa; that the seal
affixed to the foregoing instrument is t e corporatea of the corporation, and that the instrument was
'' of ,h corpor%ed
corporation, by it voluntarily exec~ed.
/
/ Nota~
My commission
/
/
/
City of Iowa City
MEMORANDUM
DATE: July 26, 2001 ~ '
TO: City Manager and City Coun il , .,~ J(~
FROM: K r' ' , ' r, ~
Enclosed is a copy of a letter you previously received from Mike Lehman, Chairperson of
the Johnson County Board of Supervisors. The County is not objecting to the
annexations but has raised a couple of issues that need to be addressed as you
consideration the annexations before you.
Understandably there is some concern and probably some resistance on the part of
property owners along Hummingbird Land and Lower West Branch Road to the
annexation of their properties in conjunction with the annexation proposals brought by
the two development companies, Plum Grove Acres and Southgate Development and
the current owner of some of this land, the Lindemann family. The current residents of
Hummingbird Lane and Lower West Branch Road have lived on the edge of Iowa City
for a number of years and have seen and felt the city move toward and around them
since the mid-1980s. With the voluntary annexation proposals before us the Frank
property on Lower West Branch Road becomes an island and the properties on
Hummingbird Lane become a service island. Consequently we have required the
applications to include these properties in their petition for annexation.
The issues raised by the County address the level of services provided to newly
annexed property relative to taxes paid upon annexation and the maintenance of Lower
West Branch Road. In the resolution for annexation of these properties we have included
a provision for the transition of taxes, provided for in State law, for the Frank and
Hummingbird Lane properties. This is intended to moderate the impact of annexation on
these residents. The Council will need to decide whether you wish to retain this provision
or not. Attached is an example of how this transition would work in a hypothetical case;
we have similar analyses of each of the properties which we will make available to the
property owners if the Council should elect to retain the tax transition provision.
Having provided for the tax transition, I would like to point out that the question posed by
the County of-- what additional services will these taxes pay for-needs to be addressed.
There seems to be a misconception that the only services these residents will enjoy will
be City sewer and water at some distant time in the future and therefore they get nothing
for the additional taxes they will pay now. In fact, they will receive police and fire
protection from full-time professional departments, which should have a positive impact
on their homeowner's insurance and will dramatically improve the actual response times.
Hummingbird Lane will be owned and maintained by the City whereas now they are
responsible for the maintenance of a part of it. They will have access to the public library
and parks and recreation facilities without paying the extra fees required of County
residents. They will have leaf-pickup in the fall. And they will continue to have access to
all of the amenities of Iowa City that they currently enjoy but are not taxed for.
July 25, 2001
Page 2
The second issue for the County was the maintenance of Lower West Branch Road. An
agreement has been reached between the City Engineer and the County Engineer that
upon annexation of these properties, the City will assume maintenance responsibility for
Lower West Branch Road from Scott Boulevard to Taft Avenue.
The annexations and the transition in tax liability will be discussed under Planning and
Zoning items at your work session, July 30, 2001.
cc: Johnson County Board of Supervisors
Lou Frank
Hummingbird Lane property owners
Indexbc\menqos\3-1 KF.doc
Johnson County,
iI BOARD OF SUPERVISORS
Mike Lehman, Chairperson
Pat Hamey
Terrence Neuzil
Sally Stutsman
Carol Thompson
June 15, 2001
Mayor Ernie Lehman and Council
410 E. Washington St.
Iowa City, IA 52240
Steve McCann
Iowa City Development Board
200 E. Grand Avenue
Des Moines, IA, 50309
Dear Mayor Lehman and Mr. McCann:
The County has had the opportunity to review the recent annexation request by the City of Iowa
City. The area to be annexed is approximately 147 acres, which include three separate parcels.
Plum Grove Acres has proposed to develop a 32-acre parcel into a mixed residential and
commercial area. The Lincleman farm consists of approximately 95 acres, slated to be developed
as single and multi-family residential. Another 16.32 acres to the east of Hummingbird Lane,
and to the south of Lower West Branch Road are also to be annexed.
in general, the County supports the CiW's am~exation proposal. There are some concerns from
County residents living in the Humingbird Lane/Lower West Branch Road area, that need to be
addressed. Among these are the level(s) of city services that can be expected by these residents
after the annexation has occun'ed. It would appear that the City intends to allow the residents to
use their existing wells and wastewater systems for a period of up to twenty years before
mandatory com~ection will be enforced, It also would seem likely that the city would not be
providing infrastructure to the area for a period that may exceed three years. This begs the
ques~iott o)' what czd, litio~tcd services will t]zese counO, residents be paying.~br? While these
residents can apparently hook onto water in the relatively near future, waste~vater connection is
not possible for some time. Tbe courlty would support a gradual phase-in of increased taxes over
a minimum of 5 years as per state code: this would seem an appropriate and reasonable amount
or'time lbr these hoii~cowncrs to obtain a full package off city services.
Iowa City Annexations Page 2
,~other concern the County has is with ownership of Lower West Branch Road. The County
will be responsible for maintaining the road to the east of the Plum Grove site. A
agreement should be established between the City and the County in order to share in the
maintenance of the road costs on this portion of Lower West Branch Road.
There are positives to this annexation request as well; the Iowa City Care Facility currently uses
sewage lagoons that appear to be failing and that would allow them to connect to city sewer in
the future. This area is also within Iowa City's immediate growth boundary, and has been
identified as such for some time. With increased pressure for residential and commercial
development in this area, it would appear to be appropriate and consistent for Iowa City to annex
these parcels. It is also consistent with their long range planning goals for development in this
area.
The Board of Supervisors has no objections to the approval of these annexation requests, with
the understanding that the City of Iowa City will resolve the two aforementioned issues prior to
granting approval.
Respectfully Yours, ,~
Michael Lehman
Chairperson
Johnson County Board of Supervisors
cc: Steve Atkins, City Manager Iowa City
Karin Franklin, Director of Planning and Community Development
Annexation of Hummin.clbird Lane
(all levy rates expressed in dollars per thousand of taxable value)
Current levy rate for Hummingbird Lane properties (Scott Township - Iowa City School District)
21.63325
less County levies no longer required to pay after annexation
County 2.80038
Assessor 0.01770
Twp Cem 0.06319
Twp Fire 0.40500
Total County tax levy if annexed 18.34698
Total City tax levy if annexed 14.75759
Current levy rate for Iowa City residents
33.10457
Possible transition tax levy schedule (using current tax levy rates)
I st Year 75% 22.0383775
2nd Year 60% 24.250016
3rd Year 45% 28.4638545
4th Year 30% 28.677293
5th Year 15% 30.8909315
6th Year 0% 33.10457
EXAMPLE: Property with assessed value of $200,000. Current residential rollback = 54.8525%, therefore
taxable value of property would be $109,705. Using current tax levy rates and the transition schedule shown
above, the five year transition in property taxes would be as follows:
Current tax $2,373.28
1st Year $2,417.50
2nd Year $2,660.35
3rd Year $2,903.20
4th Year $3,146.04
5th Year $3,388.89
6th Year $3,631.74
STAFF REPORT
To: Planning and Zoning Commission Prepared by; Robert Miklo
Item: ANN99-0003/REZ99-0017. SE Corner Date: June 7, 2001
Scott Boulevard and Rochester Avenue
GENERAL INFORMATION:
Applicant: Plum Grove Acres, Inc.
PO Box 2208
Iowa City, Iowa 52240
Phone: 351-8181
Contact person: MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Requested action: Annexation and rezoning of property
from RS-5, County CH, County C1,
and County R3A to CC-2 and RS-8
Location: Southeast corner of Scott Boulevard
and Rochester Avenue
Size: Annexation: 26.88 acres
Rezoning Site Area: 31.88 acres
Proposed CC-2:10.88 acres
Proposed RS~8:21.00 acres
Existing land use and zoning: Undeveloped; RS-5, County CH,
County C1, and County R3A
Surrounding land use and zoning: North: Agricultural;
East: Nursing home;
South: Residential and senior housing,
RS-8, PDH-12, and County
RS;
West: Residential, RS-5.
Comprehensive Plan: Northeast District Plan calls for the
creation of a neighborhood commercial
center near the intersection of Scott
Boulevard and Rochester Avenue and a
mixture of potential multi-family and
2
single family residential uses on the
balance of the property.
Applicable Code requirements: 14-6E-5, CC-2 Zone; 14-6D-3, RS-8
Zone
File date: December 16, 1999
45-day limitation period: Waived by applicant
SITE INFORMATION:
Public Utilities: City sewer and water are not yet
available to the site. A Capital
Improvements Project to provide this
area with sanitary sewer service and to
upgrade an existing sewer is in the
Capital Improvement Plan but it is not
yet funded.
Public Services: If the property is annexed, police and
fire protection would be provided by
the City. Refuse collection would be
provided by the City for single-family
or duplex residences only. Private
contractors would provide service for
multi-family and commercial areas.
Transportation: The nearest regular transit route is the
Rochester Route, which travels along
Amhurst Street, approximately two
blocks west of Scott Boulevard.
Sensitive Areas Ordinance: The Sensitive Areas Inventory map
illustrates two small potential wetland
areas, which are actually sewage
lagoons associated with the Iowa City
Care Center to the east of this
property.
BACKGROUND INFORMATION:
In 1999 Plum Grove Acres, Inc. requested annexation and rezoning of this property. The
Commission recommended approval of the annexation, but recommended that the area be
rezoned to ID-RS, Interim Development-Single Family, rather than the CC-2, Community
Commercial, and RS-8, Medium Density Residential, zoning requested by the applicant. The
Commission's recommendation for the ID-RS zoning was based primarily on concerns about
lack of a development plan illustrating conformance with the principles of the
Comprehensive Plan for this portion of the city.
3
The applicant has revised the application by reducing the size of the proposed CC-2 zone
from 12.29 acres to 10.88 acres, increasing the size of the RS-8 zone from 19.58 acres to
21 acres. The applicant has also submitted a concept plan illustrating how the development
would conform to the Comprehensive Plan. Staff has also asked the applicant to amend the
application to include 50 feet of right-of-way for Hummingbird Lane owned by the applicant
and located to the south of Lower West Branch Road.
The property is currently undeveloped. This parcel surrounds on three sides another
property located near the intersection of Rochester Avenue and Scott Boulevard that
currently contains a salvage yard. That property is located within the corporate limits and is
zoned RS-5. The current application will not affect this parcel, but it is anticipated that this
property will be redeveloped at some point in the future and integrated with the
development on the subject parcel.
ANALYSIS:
Annexation: The annexation policy contained in the Comprehensive Plan notes that
annexations are to occur primarily through petitions filed by property owners. The plan
establishes three criteria under which to evaluate annexation requests.
1. The area under consideration falls within the adopted long-rang planning boundary;
This property falls well within the adopted growth boundary in eastern Iowa City,
which extends approximately one mile to the east of this site past Taft Avenue.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue financial burden on the City, or
The Northeast District Plan recognizes the potential for additional commercial
development within this district. Many of the citizens who participated in the
neighborhood planning workshops indicated that they would like more convenient
access to commercial services within this area of the City. This intersection was
discussed as a potential location for the provision of these types of services. If
developed within the corporate limits with the benefit of City sewer and water
services, a more efficient use of the property can occur and it is more likely that the
needs and desires expressed by the public at the planning workshops can be met. In
addition, annexation of this property will facilitate the eventual annexation of the
Iowa City Care Center - a nursing home located on the adjacent property to the east
of the subject parcel. The Care Center has approached the City in the past regarding
annexation and the provision of City services due to environmental problems
associated with its sewage treatment lagoons. Development of this property,
however, will require the construction of a new sanitary sewer as well as the
upgrade of an existing sanitary sewer located to the south along Court Street.
Although this project is in the City's Capital Improvements Plan, it is not yet funded.
3. Control of development is in the City's best interest.
Staff feels that it is in the best interest of the City to have control over the
development of this property, given that it is located adjacent to the current
corporate limits and is within the City's adopted growth area. In addition, the
Northeast District Plan calls for commercial development in this location to serve the
future city neighborhoods that are expected to be established on surrounding
properties. The ability to annex and provide water and sanitary sewer to the Iowa
City Care Facility is also in the City's best interest in terms of protecting its ground
water resources. The annexation of the subject property would result in the care
facility property being contiguous with the corporate limits and thus eligible for
voluntary annexation.
It appears that the conditions for annexation would be met in this instance, Provided the
proposed zoning classifications are in conformance with the goals and policies of the
Comprehensive Plan, staff recommends approval of the proposed voluntary annexation of
this property.
Proposed Rezoning: A portion of the parcel proposed for rezoning is already located within
the corporate limits and zoned RS-5. This includes a 250-foot strip of property located
along the east side of Scott Boulevard, The property requested for annexation has County
zoning for commercial uses along Herbert Hoover Highway (Rochester Avenue) and multi-
family residential uses to the south. A portion of the commercial property is zoned County
C1, Local Commercial, which permits a fairly limited number of commercial uses. There is
also some County CH, Highway Commercial, zoning in this area, which permits commercial
uses typically associated with or oriented toward potential customers traveling along a
highway or arterial street, including retail businesses. While the establishment of these
classifications in the past grant the property owner some rights to develop these properties
commercially under County jurisdiction, when the property is annexed new zoning
classifications must be established to reflect the recommendations and policies of the
Comprehensive Plan.
The Northeast District Plan calls for the creation of a commercial center in this general
location. The plan clearly illustrates a potential development here that is larger in scale than
other neighborhood commercial centers suggested for this district. The intent was to
encourage the creation of a commercial area that fits within and would serve the needs of
the surrounding neighborhood, but that could also take advantage of its location at what will
likely be a major intersection and provide some regional services for the east side, as well.
The applicant proposes CC-2 zoning for the northern 10.88 acres of this property acres (the
previous request was for 12.29). The CC-2 zone allows a fairly broad range of commercial
uses, and has few site development standards beyond the typical building height, setback
and screening requirements that apply to all zones, CC-2 zoning alone would not ensure
that future development on the property would fit within what is envisioned in the
Comprehensive Plan. Therefore the applicant has submitted a concept plan illustrating how
the property would be developed to conform to the vision of the Comprehensive Plan. Staff
believes that this concept plan in combination with a Conditional Zoning Agreement would
allow the City to assure the development of a commercial center that would be a well
designed pedestrian-oriented development as suggested by the Comprehensive Plan. It
would provide services that will help meet the day-to-day needs of the neighborhoods that
will eventually develop around it, but that can accommodate a broad range of uses that
could also take advantage of this property's location at a major intersection and entryway
into Iowa City.
5
The concept plan submitted by the applicant illustrates a series of buildings arranged around
a grid pattern of streets and parking areas. This in conformance with the town square and
main street concepts called for in the Northwest District Plan and should provide an
attractive alternative to a typical strip mall arrangement. No specific tenants or businesses
are identified. The proposal would allow for a combination of retail, office and personal
service businesses. Although staff believes the concept plan generally complies with the
principles contained in the Comprehensive Plan, there are minor technical issues, such as the
alignment of interior north/south street with Hummingbird Lane, that will need to be
adjusted prior to the Commission's vote.
Staff recommends that a review process, similar to the one proposed for the commercial
area, apply to the proposed RS-8 zoning. The Comprehensive Plan encourages a diversity of
housing types within neighborhoods, and one of the primary methods of achieving this
diversity is to provide moderate density development in close proximity to commercial areas.
This not only helps to provide a transition between the commercial development and lower
density residential development, but also helps provide a nearby population to help support
the commercial uses. Staff feels that it is important to look closely at the transition between
the two areas to ensure that the two areas are compatible and that adequate vehicular and
pedestrian access is provided between the two areas. Conventional development in an RS-8
zone may not be the most appropriate land use for this parcel. Staff recommends that the
rezoning of the RS-8 parcel be conditioned upon the future approval of an OPDH rezoning to
ensure that neighborhood compatibility issues are addressed and to ensure that the
neighborhood design concepts outlined in the Comprehensive Plan are considered when
planning for the development of this parcel.
Lower West Branch Road, which is a collector street, will provide access to a large portion
of the proposed RS-8 zone. It will need to be rebuilt to accommodate traffic from this area
and adjacent developments. Developers typically pay for installing collector streets. Because
this one is in place but requires substantial improvements, staff proposes that as a condition
of annexation and zoning, the properties that will benefit from its improvement contribute to
its reconstruction. Based this development's share of road use, this property would be
required to contribute 986,652 at the time of final plat approval for the land located east of
Sterling House.
Dedication of 45 feet of right-of-way for Rochester Avenue, and 33 feet of right-of-way for
Lower West Branch Road will be necessary. Installation of curb and gutter and an 8-foot
wide sidewalk on the south side of Rochester Avenue will be required at the time of
development of the commercial area.
Summary: Staff believes that the proposed annexation meets the annexation policy
contained in the Comprehensive Plan. The subject property is contiguous to the current
corporate limits, will be able to be served by City sewer and water within a reasonable
amount of time, and will allow for the future annexation of the Iowa City Care Center,
making City services available for this use as well. The proposed zoning and a Conditional
Zoning Agreement with requirements for review and approval of development plans, will
ensure that the development will conform to the design concepts contained in the
Comprehensive Plan and that the developer contribute to the reconstruction of Lower West
Branch Road. With these requirements staff believes that the proposed CC-2 and RS-8 zones
are in compliance with the Comprehensive Plan and are appropriate for this area.
STAFF RECOMMENDATION:
Staff recommends that ANN99-O003, a request for voluntary annexation of approximately
26.88 acres located at the southeast corner of Scott Boulevard and Rochester Avenue, be
approved. We anticipate the an amendment to the application will be made to include the
right-of-way and dedication of Humming Bird Lane.
Staff recommends that REZ99-O017, a request to rezone 31.88 acres located at the
southeast corner of Scott Boulevard and Rochester Avenue from RS-5, County CH, County
C1, and County R3A to CC-2 (10.88 acres) and RS-8 (21 acres), be approved, subject to
the following:
1. Conditions requiring the approval of development plans for the CC-2 parcel that
conform with the submitted concept plan and meet the intent and general design
provisions for commercial development contained in the Comprehensive Plan prior to
development; and
2. A condition requiring the approval of an OPDH rezoning and development plan for the
RS-8 parcel prior to development.
3. The developer contributing ~86,652 to the cost of reconstructing Lower West Branch
Road.
4 Dedication of 45 feet of right-of-way for Rochester Avenue, and 33 feet of right-of-
way for Lower West Branch Road.
5 Installation of curb and gutter and an 8-foot wide sidewalk on the south side of
Rochester Avenue at the time of development of the commercial area.
ATTACHMENTS:
1. Location Map.
2. Development Concept Plan.
/
Approved by:
Karl Franklin, Director
t of Planning and
Community Development
Bob/rochester
SITF. LOCATION: SE corner of Rochester Ave. & Scott Blvd. REZ99-0017 & ANN99-0003
KENNEDY, CRUISE, ANDERSON 8~ F'REY, L./.P.
LAWYERS
920 S. DUBUQUE STREET _ p.O. BOX 2000
MICHAEL W, KENNEDY IOWA CITY, IOWA AREA CODE 319
June 21, 2001
HAND DELIVERY
Ms. Karin Franklin
Director
Dept. of Planning & Community Development
410 E. Washington St.
Iowa City, IA 52240
Planning & Zoning Commission
410 E. Washington St.
Iowa City, IA 52240
Re: Plum Grove Acres Application # ANN99-0003/REZ99-0017
Dear Karin and Members of the Planning and Zoning Commission:
I am contacting you on behalf of Plum Grove Acres, Inc, the Applicant for the
annexation and rezoning of approximately 26.88 acres located at the southeast corner of Scot~
Boulevard and Rochester Avenue in Iowa City, IA. As required by City staff, Plum Grove
Acres hereby amends Application # ANN99-0003/REZ99-0017 to include in its application the
property owned by Dr. Louis A. Frank. The inclusion of this proper~y is necessary to avoid
irregular boundaries and having a landlocked piece of property in the county. We have spoken
with Dr. Frank and he has advised that while he does not join in this application, he does not
intend to resist our application. Please let me know if you need any additional information.
Very truly yours,
cc: Robert Boyd
KHF/Sd
kfl 9\163al 013
Fax Memo: Page 1 of 1
Date 06/21/01
To: Robert Miklo, Sr Planner, IC PPD
Re: Plum Grove Acres/Dr Louis A Frank Annexation to Iowa City
From: Larry Schnittjer, MMS ConSultant Ipc
Bob:
I had a telephone conversation with Dr Frank at about 4:00 pm yesterday, 3une 20,
2001, during which Dr Frank agreed to allow his property to be annexed along with
the Plum Grove Acres properties.
The following considerations are to be part of that agreement:
1) If, through the annexation process as currently understood, the properties
on the east side of Hummingbird Lane are not annexed, Dr Frank will withdraw his
agreement to be voluntarily annexed.
2) There will be no costs for the annexation proceedings payable by Dr Frank.
cc: File 1792010
City of Iowa City
MEMORANDUM
Date: July 26, 2001
To: City Council
From: Robed Miklo, Senior Planner
Re: Annexations
The two annexation requests on the Council's agenda have evolved from the applications
originally submitted and discussed in the staff reports. The Plum Grove Acres application now
includes the right-of-way of Hummingbird Lane and the Lou Frank property to the west of
Humming Bird Lane. This was done to avoid the creation of an island of unincorporated land
within the City boundary.
The Lindemann/Southgate application now includes seven properties that abut the east side of
Hummingbird Lane. At staff's request these properties were added to the annexation
application to avoid the creation of an unincorporated area that would be almost completely
surrounded by the City. State laws governing annexation allow the inclusion of such properties
to avoid the creation of an irregular boundary even if the property owners object.
The attached map shows the current areas of the two applications including these additions.
approx. 38 acres
Area added to
~ Plum Grove
/ Lindeman/Southgate
to approx. 105.04 acres
~ 5' Iindeman/Southgate/
8 RS 8 RS/~.~)DR~E
5
,~ ,~ /RM 1~
M 12 ~~ - I
Court/Rochester Proposed Annexations
07~31-01
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247
RESOLUTION NO.
RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 95.2
ACRES OF PROPERTY LOCATED NORTH OF COURT STREET, SOUTH OF
LOWER WEST BRANCH ROAD, AND EAST OF HUMMINGBIRD LANE/SCOTT
PARK DRIVE AND APPROXIMATELY 10 ACRES OF PROPERTY LOCATED
SOUTH OF LOWER WEST BRANCH ROAD AND EAST OF HUMMINGBIRD
LANE.
WHEREAS, the owners, Robert Lindmann, Charles Lindmann, and Ruth Kabela, et al, are the
owners and title holders of approximately 95.2 acres of property located north of Court Street,
south of Lower West Branch Road and east of Hummingbird Lane/Scott Park Drive; and
WHEREAS, the applicant, Southgate Development Company, on behalf of the owners, has
requested annexation of the 95.2 acre tract into the City of Iowa City; and
WHEREAS, at the request of the City, the appIicant has amended their application to include the
annexation of additional approximate 10 acres of property located south of Lower West Branch
Road and east of Hummingbird Lane; and
WHEREAS, in accord with the principles outlined in Iowa Code Chapter 368, the properties on the
east side of Hummingbird Lane are proposed to be annexed to avoid the creation of irregular City
boundaries and to avoid the creation of an island of unincorporated properties almost entirely
surrounded by incorporated properties; and
WHEREAS, pursuant to Iowa Code Section 368.5 and Section 368.7 (2001), 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, the East Central Iowa Council of Governments, and the affected property owners
of properties on the east side of Hummingbird Lane; and
WHEREAS, the City of Iowa City City Council wishes to transition the imposition of the city
property tax levy as is permitted in State Code for the properties immediately east of Hummingbird
Lane.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The following described land should be annexed to the City of Iowa City:
Commencing at SW corner of Section 7-79-5 proceed northerly 1125.12' and easterly
769.7' to point of beginning; thence easterly 303.59'; northerly 1431.84' to C/L of Lower
West Branch Road; westerly along the Center line of Lower West Branch Road 302.7';
then southerly 1448.3' to point of beginning.
Plus
The East 100 acres of the Southwest Quarter of Section 7, Township 79 North, Range 5
Resolution No.
Page 2
West of the 5th P.M., except for the following described tracts:
Tract 1:
Commencing at the North East corner of the South West one-quarter of section 7,
Township 79, North, Range 5 West of the fifth principal meridian in Johnson County,
Iowa; thence North 87 Degrees 45 minutes West along the north line of the said South
West one-quarter for a distance of 707.5 feet to the point of beginning, thence South 2
degrees 15 minutes West for a distance of 321.4 feet, thence North 87 degrees 45
minutes West for a distance of 247.2, thence North 2 Degrees 15 minutes East for a
distance of 321.4 feet, thence South 87 degrees 45 minutes East along the North line of
the said South West one-quarter for a distance of 247.2 feet to the point of beginning;
containing an area of 1.82 acres more or less.
Tract 2:
Commencing at the N.E. corner of the S.W., 1/4 Section 7 Twp. 79 North, Range 5
th
West of the 5 P.M.; thence North 87045'' West along the North line of said S.W. ¼ for a
distance of 1203.8 feet to the N.W. corner of Tract #2 of survey in said S.W. ¼ Section
7-79-5 recorded in Plat Book 8, page 35, Plat Records of Johnson County, Iowa; thence
on North 87o45, West along said North line of said S.W. ¼ 436 feet to the point of
beginning; thence from said point of beginning, South 1°3' East, 218 feet; thence North
87°45' West 100 feet; thence North l°03'' West 218 feet to the North line of said S.W.
¼; thence South 8705' East 100 feet to the point of beginning, containing one-half acre
more or less subject to easements and restrictions of record,
Tract 3:
Commencing at the Northeast corner of the Southwest one-quarter of section 7,
Township 79 North, Range 5 West of the fifth Principal Meridian in Johnson County,
Iowa; thence North 87 degrees 45 minutes West along the North line of said south West
one-quarter for a distance of 954.7 feet to the point of beginning, thence South 2
degrees 15 minutes West for a distance of 321.4 feet, thence North 87 degrees 45
minutes West for a distance of 249.1 feet, thence North 2 degrees 15 minutes East for a
distance of 321.4 feet, thence South 87 degrees, 45 minutes East along the North line
of the said South West one-quarter for a distance of 249.1 feet to the point of beginning;
containing an area of 1.84 acres more or less.
Tract 4:
Beginning at the Southeast Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence N88°43'59"W, along the
South Line of said Southwest Quarter, 1036.36 feet; Thence S14°38'50"W, 2.38 feet, to
the Northeast Corner of Scott Boulevard East, Part One, in accordance with the Plat
thereof Recorded in Plat Book 31, at Page 131, of the Records of Johnson County
Recorder's Office; Thence N88°53'21"W, along the North Line of said Scott Boulevard
East, Part One, a distance of 683.17 feet; thence N00°39'55"W, along said North Line,
and the East Line of Scott Boulevard East, Part Two, in accordance with the Plat thereof
Recorded in Plat Book 33, at Page 225, of the Records of Johnson County Recorder's
Office, 75.04 feet; Thence S88°53'21"F, 9.02 feet; Thence Northeasterly, 75.34 feet,
along a 1360.00 foot radius curve, concave Northwesterly, whose 75.33 foot chord
Resolution No.
Page 3
bears N89°31'26"E; Thence N87°56'13"E, 103.03 feet: Thence Northeasterly, 79.77
feet, along a 1440.00 foot radius curve, concave Southeasterly, whose 79.76 foot chord
bears N89°31'26"E; Thence S88°53'21"E, 771.32 feet: Thence Northeasterly, 372.64
feet, along a 960.00 foot radius curve, concave Northwesterly, whose 370.30 foot chord
bears N79°59'27"E; Thence N68°52'I4"E, 114.88 feet; Thence Northeasterly, 203.49
feet, along a 1040.00 foot radius curve, concave Southeasterly, whose 203.16 foot
chord bears N74°28'33"E: Thence N80°04'52"E, 14.62 feet, to a Point on the East Line
of said Southwest Quarter of Section 7; Thence S00°05'18"E, along said East Line,
261.42 feet, to the Point of Beginning. Said Parcel of land contains 4.45 acres, more or
less, and is subject to easements and restrictions of record.
Resultant tract contains 105.04 Acres more or less and is subject to easements and
restrictions of record.
2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under Section 368.7 (2001) at appIicant'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.
4. The City of Iowa City will transition the imposition of the city property tax levy according to
the following schedule for the properties directly east of Hummingbird Lane as described
below:
Commencing at SW corner of Section 7-79-5 proceed northerly 1125.12' and easterly
769.7' to point of beginning; thence easterly 303.59'; northerly 1431.84' to C/L of Lower
West Branch Road; westerly along the Center line of Lower West Branch Road 302.7';
then southerly 1448.3' to point of beginning.
First Year: 75% discount
Second Year: 60% discount
Third Year: 45% discount
FourthYear: 30% discount
Fifth Year: 15% discount
Sixth Year: 0% discount
5. Appropriate City staff is hereby authorized and directed to certify and file all documents
necessary for the transition in the imposition of the City property ta>c levy for the
approximate 10 acre parcel as described and outlined herein.
Passed and approved this day of ,20
CITY CLERK
Resolution No.
Page 4
It was moved by and seconded by the Resolution be
adopted, and upon roll call thero were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
ppdadminVes~lindmannkabel6doc
t 07'~:01 I
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING
REGULATIONS OF APPROXIMATELY 105.2 ACRES OF PROPERTY FROM SUBURBAN
RESIDENTIAL, COUNTY RS, TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, RS-5
(45.08 ACRES), AND MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, RS-8 (60.13
ACRES) FOR PROPERTY LOCATED NORTH OF COURT STREET, SOUTH OF LOWER
WEST BRANCH ROAD, AND EAST OF HUMMINGBIRD LANE.
WHEREAS, the owners, Robert Lindemann, Charles Lindemann, and Ruth Kabela, et al, are the
owners and title holders of approximately 95.2 acres of property located north of Court Street,
south of Lower West Branch Road, and east of Hummingbird Lane/Scott Park Drive; and
WHEREAS, the applicant, Southgate Development Company, on behalf of the owners, has
requested the voluntary annexation of the 95.2 acre tract into the City of Iowa City, and its
rezoning from Suburban Residential, County RS, to Low Density Single-Family Residential, RS-5
(35.08 acres) and Medium Density Single-Family Residential, RS-8 (80.13 acres); and
WHEREAS, additionally, at the request of City, the applicant has amended their application to
include the annexation and rezoning of an additional approximate 10 acre tract located south of
Lower West Branch Road and east of Hummingbird Lane, requesting that the same be rezoned
from Suburban Residential, County RS, to Low Density Single-Family Residential, RS-5; and
WHEREAS, in accord with the principles outlined in Iowa Code Chapter 368, the properties on the
east side of Hummingbird Lane are proposed to be annexed to avoid the creation of irregular City
boundaries, and to avoid the creation of an island of unincorporated properties almost entirely
surrounded by incorporated properties; 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 with provisions for infrastructure improvements such as
sewer extensions and financial contributions toward the improvement of Lower-West Branch
Road, the proposed rezoning is in conformance with the Northeast District Plan, which is part of
the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has determined that the appropriate zoning
designation of the approximately 10 acres of Single-Family Residential properties on the east side
of Hummingbird Lane is Low Density Single-Family Residential, RS-5, without conditions; and
WHEREAS, Iowa Code Section 414.5 (2001) 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 rezoning request; and
WHEREAS, the owners of the 95.2 acre tract and the applicant acknowledge that certain
conditions and restrictions are reasonable to ensure that the eventual development of the property
Ordinance No.
Page 2
is in accordance with the neighborhood design policies of the Northeast Distdct Plan, and to
ensure adequate infrastructure is provided for the area; and
WHEREAS, the owner and applicant of the approximate 95.2 acre tract 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
reclassified as follows:
a. 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 Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence S00°05'18"E, along the East
Line of said Southwest Quarter, and the West Line of Windsor Ridge Pad Fifteen, in
accordance with the Plat thereof as Recorded in Plat Book 41, at Page 212, of the
Records of the Johnson County Recorder's Office, 2334.24 feet, to its intersection with the
Northerly Right-of-Way Line of Coud Street; Thence S80°04'52"W, along said Northerly
Right-of-Way Line, 14.62 feet; Thence Southwesterly, 203.49 feet, along a 1040.00 foot
radius curve, concave Southeasterly, whose 203.16 foot chord bears S74°28'33"W;
Thence S68°52'14"W, along said Northerly Right-of-Way Line, 114.88 feet; Thence
Southwesterly, 372.64 feet, along a 960.00 foot radius curve, concave northwesterly,
whose 370.30 foot chord bears S79°59'27"W; Thence N88°53'21"W, along said Northerly
Right-of-Way Line, 220.06 feet; Thence N11°25'10"W, 1712.92 feet; Thence
N02°18'21"E, 541.36 feet, to the Southwest Corner of a "Plat of Survey" as Recorded in
Plat Book 8, at Page 35, of the Records of the Johnson County Recorder's Office; Thence
S87°41 '39"E, along the South Line of said "Plat of Survey", 496.30 feet, to the Southeast
Corner thereof; Thence N02°18'21"E, along the East Line of said "Plat of Survey", 321.40
feet, to the Northeast Corner thereof, and a Point on the North Line of said Southwest
Quarter; Thence 887°41 '39"E, along said North Line, 707.0 feet, to the Point of Beginning.
Said RS8 rezoning parcel contains 60.13 acres, more or less, 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 Medium Density Single-Family Residential (RS-8):
Commencing at the Northeast Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 west, of the Fifth Principal Meridian; Thence N87°41'39"W, along the
North Line of said Southwest Quarter, 1203.80 feet, to the Northwest Corner of the "Plat of
Survey" in accordance with the Plat thereof Recorded in Plat Book 8, at Page 35, of the
Records of the Johnson County Recorder's Office and the Point of Beginning; Thence
S02°18'21"W, along the West Line of said "Plat of Survey", 321.40 feet, to the Southwest
Corner thereof; thence continuing S02°18'21"W, 541.36 feet; Thence Sl1°25'10"E,
1712.92 feet, to a Point on the North Right-of-Way Line, of Court Street; Thence
N88°53'21"W, along said North Right-of-Way Line, 551.26 feet; Thence Southwesterly,
79.77 feet, along said North Right-of-Way Line on a 1440.00 foot radius curve, concave
Southeasterly, whose 79.76 foot chord bears S89°31'26"W; Thence S87°56'13"W, along
said North Right-of-Way Line, 103.03 feet; Thence Southwesterly, 75.34 feet, along said
Ordinance No.
Page 3
North Right-of-Way Line on a 1360.00 foot radius curve, concave Northwesterly, whose
75.33 foot chord bears S89°31'26"W; Thence N88°53'21"W, along said North Right-of-
Way Line, 9.02 feet, to the Southeast Corner of Scott Boulevard East - Part Two, in
accordance with the Plat thereof Recorded in Plat Book 33, at Page 25, of the Records of
the Johnson County Recorders Office; Thence N00°39'55"W, along the East Line of said
Scott Boulevard East - Part Two, the East Line of Auditor's Parcel 95-004, in accordance
with the Plat thereof Recorded in Plat Book 35, at Page 17 of the Records of the Johnson
County Recorder's Office, the East Line of Scot Boulevard East, part Four, in accordance
with the Recorded Plat thereof; 1094.26 feet, to the Northeast Corner of said Scott
Boulevard East Part Four; Thence S89°06'58"W, along the North Line of said Scott
Boulevard East, Part Four, a distance of 3.56 feet, to the Southeast Corner of a Parcel of
Land as Conveyed by Warranty Deed as Recorded in Deed Book 1211, at Page 60 of the
Records of the Johnson County Recorder's office; Thence N00°21'18"E, along the East
Line of said Conveyed Parcel, and the East Line of Lyman Subdivision, in accordance with
the Plat thereof Recorded in Plat Book 31, at Page 246 of the Records of the Johnson
County Recorder's Office, 530.00 feet, to the Northeast Corner of said Lyman Subdivision,
and the Southeast Corner of a Parcel of Land conveyed by Warranty Deed as recorded in
Deed Book 453, at Page 167 of the Records of the Johnson County Recorders Office;
Thence N01°00'12"W, along the East Line of said Conveyed Parcel, and the East Line of
a Parcel of Land conveyed by Warranty Deed as Recorded in Deed Book 446, at Page
261, of the Records of the Johnson County Recorder's Office, 280.14 feet, to the
Northeast Corner thereof, and the Southeast Corner of a Parcel of Land conveyed by
Warranty Deed as Recorded in Deed Book 1029, at Page 395 of the Records of the
Johnson County Recorder's office; Thence N00°51'17"W, along the East Line of said
Conveyed Parcel, 108.92 feet, to the Northeast Corner thereof; Thence N00°49'22"W,
325.93 feet, to the Southwest Corner of a Parcel of Land conveyed by Warranty Deed as
Recorded in Deed Book 329, at Page 313, of the records of the Johnson County
Recorder's Office; Thence S87°42'15"E, along the South Line of said Conveyed Parcel,
106.01 feet, to the Southeast Corner thereof; Thence N01 °00'15"W, along the East Line of
said Conveyed Parcel, 218.01 feet, to the Northeast Corner thereof, and a Point on the
North Line of said Southwest Quarter, Thence S87°41 '39"E, along said North Line, 438.24
feet, to the Point of Beginning. Said Rezoning Parcel contains 35.08 acres, more or less,
and is subject to easements and restrictions of record.
c. The following property is hereby reclassified from its current designation of County Suburban
Residential (RS) to Low Density Single-Family Residential (RS-5) without being subject to the
terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
Commencing at the SW corner of Section 7-79-5 proceed northerly 1125.12; and easterly
769.7' to point of beginning; thence easterly 303.59'; northerly 1431.84' to C/L of Lower
West Branch Road; westerly along the Center line of Lower West Branch Road 302.7';
then southerly 1448.3' to point of beginning.
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 City Clerk to attest,
the Conditional Zoning Agreement between the property owners and applicant of the 95.2 acre
tract requested for voluntary annexation 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
Ordinance No.
Page 4
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 owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and pads of ordinances in conflict with the provision
of this ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION VII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage,
approval and publication, as required by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
GITY GLERK
ppdadmiNord,/lindemannkabela doc
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Robert Lindemann, Charles Lindemann and Ruth Kabela, et al (hereinafter
"Owners") and Southgate Development Company (hereina~er "Applicant"); and
WHEREAS, Owners are owners and legal title holders of approximately 95.2 acres of property located
north of Court Street, south of Lower West Branch Road, and east of Hummingbird Lane/Scott Park
Drive; and
WHEREAS, the Applicant, on behalf of the Owners, has requested the voluntary annexation of the
approximately 95.2 acre tract and the rezoning of this property from County RS, Suburban
Residential, to Low Density Single-Family Residential, RS-5, (35.08 acres) and Medium Density
Single-Family Residential, RS-8 (60.13 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 that the development of the property in accordance with the neighborhood design policies of
the Northeast District Plan, and with provisions for infrastructure improvements such as sewer
extensions and financial contributions toward the improvement of Lower West Branch Road, the
proposed rezoning is in conformance with the Northeast District Plan, which is part of the
Comprehensive Plan; and
WHEREAS, Iowa Code Section 414.5 (2001) 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 Owners and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure that the development of the property is in general accordance with the
neighborhood design policies of the Northeast District Plan; and
Lindemann Conditional Zoning Agreement
Page 2
WHEREAS, the Owners 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 the mutual promises contained herein, the Parties agree as
follows:
1. Robed Lindemann, Charles Lindemann, and Ruth Kabela et al are the owners and legal title
holders, and Southgate Development Company is the contract purchaser of a portion of the
property legally described as follows:
The East 100 acres of the Southwest Quarter of Section 7, Township 79 North, Range
5 West of the 5th P.M., except for the following described tracts:
Tract 1:
Commencing at the North East corner of the South West one-quarter of section 7,
Township 79, North, Range 5 West of the fifth principal meridian in Johnson County,
Iowa; thence North 87 Degrees 45 minutes West along the north line of the said South
West one-quarter for a distance of 707.5 feet to the point of beginning, thence South 2
degrees 15 minutes West for a distance of 321.4 feet, thence North 87 degrees 45
minutes West for a distance of 247.2, thence North 2 Degrees 15 minutes East for a
distance of 321.4 feet, thence South 87 degrees 45 minutes East along the North line
of the said South West one-quarter for a distance of 247.2 feet to the point of
beginning; containing an area of 1.82 acres more or less.
Tract 2:
Commencing at the NE. corner of the S.W., 1/4 Section 7 Twp. 79 North, Range 5
West of the 5th P.M.; thence North 87°45'' West along the North line of said SW. ¼ for
a distance of 1203.8 feet to the N.W. corner of Tract #2 of survey in said S.W. ¼
Section 7-79-5 recorded in Plat Book 8, page 35, Plat Records of Johnson County,
Iowa; thence on North 87°45' West along said North line of said S.W. ¼ 436 feet to the
point of beginning; thence from said point of beginning, South 1°3' East, 218 feet;
thence North 87°45' West 100 feet; thence North 1°03" West 218 feet to the North line
of said S.W. ¼; thence South 87o5' East 100 feet to the point of beginning, containing
one-half acre more or less subject to easements and restrictions of record,
Tract 3:
Commencing at the Northeast corner of the Southwest one-quarter of section 7,
Township 79 North, Range 5 West of the fifth Principal Meridian in Johnson County,
Iowa; thence North 87 degrees 45 minutes West along the North line of said south
West one-quarter for a distance of 954.7 feet to the point of beginning, thence South 2
degrees 15 minutes West for a distance of 321.4 feet, thence North 87 degrees 45
Lindemann Conditional Zoning Agreement
Page 3
minutes West for a distance of 249.1 feet, thence North 2 degrees 15 minutes East for
a distance of 321.4 feet, thence South 87 degrees, 45 minutes East along the North
line of the said South West one-quarter for a distance of 249.1 feet to the point of
beginning; containing an area of 1.84 acres more or less.
Tract 4:
Beginning at the Southeast Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence N88°43'59"W, along the
South Line of said Southwest Quarter, 1036.36 feet; Thence S14°38'50"W, 2.38 feet,
to the Northeast Corner of Scott Boulevard East, Part One, in accordance with the Plat
thereof Recorded in Plat Book 31, at Page 131, of the Records of Johnson County
Recorders Office; Thence N88°53'21"W, along the North Line of said Scott Boulevard
East, Part One, a distance of 683.17 feet; thence N00°39'55"W, along said North Line,
and the East Line of Scott Boulevard East, Part Two, in accordance with the Plat
thereof Recorded in Plat Book 33, at Page 225, of the Records of Johnson County
Recorder's Office, 75.04 feet; Thence S88°53'21"F, 9.02 feet; Thence Northeasterly,
75.34 feet, along a 1360.00 foot radius curve, concave Northwesterly, whose 75.33
foot chord bears N89°31'26"E; Thence N87°56'13"E, 103.03 feet: Thence
Northeasterly, 79.77 feet, along a 1440.00 foot radius curve, concave Southeasterly,
whose 79.76 foot chord bears N89°31'26"E; Thence S88°53'21"E, 771.32 feet: Thence
Northeasterly, 372.64 feet, along a 960.00 foot radius curve, concave Northwesterly,
whose 370.30 foot chord bears N79°59'27"E; Thence N68°52'I4"E, 114.88 feet; Thence
Northeasterly, 203.49 feet, along a 1040.00 foot radius curve, concave Southeasterly,
whose 203.16 foot chord bears N74°28'33"E: Thence N80°04'52"E, 14.62 feet, to a
Point on the East Line of said Southwest Quarter of Section 7; Thence S00°05'18"E,
along said East Line, 261.42 feet, to the Point of Beginning. Said Parcel of land
contains 4.45 acres, more or less, and is subject to easements and restrictions of
record.
Resultant tract contains 105.04 Acres more or less and is subject to easements and
restrictions of record.
2. Owners and Applicant acknowledge that the City wishes to ensure appropriate residential
development that generally conforms to the neighborhood design policies contained within the
Northeast District Plan. Further, the parties acknowledge that iowa Code Section 414.5 (2001)
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, including provisions for adequate infrastructure
necessary to support urban development. Therefore, Owners 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:
Lindemann Conditional Zoning Agreement
Page 4
a. Owners and Applicant agree that preliminary and final plats for the eventual
development of this property will demonstrate general 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. These
policies include, but are not limited to, the provision of an interconnected street system,
cul-de-sac streets only where other options are not practical, designing sidewalk and
trail connections, and neighborhood access to open space, as an integral part of the
neighborhood. In this instance, the eventual development of the neighborhood shall
include the construction of a trail and greenway corridor along the drainageway/wetland
system that bisects the property, said corddor to include centrally-located parkland.
b. Owners and Applicant agree to provide, without compensation, easements up to thirty
(30') feet wide for a sewer main parallel to the drainageway/wetland area and to serve
the Hummingbird Lane properties on the west side of the property. If a sewer easement
is extended parallel to the rear lot lines of properties fronting on Hummingbird Lane,
one-half of the easement shall be within the rear yards of the properties fronting on
Hummingbird Lane, and one-half of the easement will be in the subject property being
annexed.
c. Prior to any plats or development being approved on the property north of the midway
point between Lower West Branch Road and Court Street, the reconstruction of Lower
West Branch Road must be or have been included in a funded (budgeted for) year in
Iowa City's Capital Improvements Program. Additionally, prior to any plats or
development being approved for the property north of the midway point between Lower
West Branch Road and Court Street, the Owner and Applicant agree to contribute
funds to City for the reconstruction of Lower West Branch Road. The Owners and
Applicant agree that the amount of funds to be contributed to City for the reconstruction
of Lower West Branch Road is $217,500, including $31,755 for the area to be rezoned
RS-5, and $185,745 for the area to be rezoned to RS-8. The funds to be paid to City
for the reconstruction of Lower West Branch Road may be paid on a per-acre basis, as
part of final plat approval, with funds to be paid, without interest. calculated on the total
acreage being final platted. Although the funds may be paid on a pepacre basis, at no
point will the total amount paid exceed $31,755 for the area to be rezoned to RS-5 and
$185,745 for the area to be rezoned to RS-8.
Lindemann Conditional Zoning Agreement
Page 5
Furthermore, platted street connections to Lower West Branch Road are required as
this property is platted in order to ensure an equal distribution of traffic throughout the
neighborhood. Said street connections shall not be constructed until Lower West
Branch Road is reconstructed to urban standards.
4. The Owners, Applicant and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code Section 414.5 (2001), and that
said conditions satisfy public needs which are caused by the requested zoning change.
5. The Owners, Applicant and City acknowledge that in the even 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 with 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 Owners or Applicant 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.
Dated this ~ i day of ,__~'~,,. L. '1 ,2001.
~1c OMPANY, By
Harry . , e Presiden Ernest W. Lehman, Mayor
Lindemann Conditional Zoning Agreement
Page 6
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attomey's Office
Robert Lindemann
Ruth Kabela
STATE OF IOWA
SS
COUNTY OF JOHNSON
onthisdayof ,2001. before me, the undersigned, a
Notary Public in and for the State of Io~"a, personally appeared Harry R. Wolf, to me personally
known, who being by me duly sworn did say that he is the Vice President of Southgate Development
Company, Inc.; that the seal affixed hereto is the seal of the said corporation; that said instrument was
signed and sealed on behalf of the corporation by authority of its Board of Directors; and Harry R.
Wolf, as such officer. acknowledged the execution of the foregoing instrument to be the voluntary act
and deed of the corporation, by it and by him voluntarily executed.
JO.,T.,,=.~., 'a'7.Z/"
No,ary b,,o in and ,or ,he s,a,e o, ,owa
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this 5\ g~f day of a~pp~ear~ ,2001, before me, a Notary Public in and for the
State of Iowa, personally d Charles Lindemann, Robert Lindemann and Ruth Kabela, to me
known to be the persons who executed the foregoing instrument.
..~.. SHARI WELDON
Commission Number 193878 Notary Public in and for the State of Iowa
o
Prepared by: John Yapp. Assoc. Planner. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
CONDITIONAL ZONING AGREEMENT
THiS AGREEMENT is made by and between the City of Iowa City. Iowa, a municipal corporation
(hereina~er "City"), Robert Lindemann, Charles Lindemann and '.uth Kabela, et al (hereina~er "Owners")
and Southgate Develo (hereinafter "Applicant") nd
WHEREAS, Owners are owners al title holders of ~roximately 95.2 acres of property located
north of Court Street, south of Lowe~ Branch Ro~ and east of Hummingbird Lane/Scott Park
Drive; and
WHEREAS, the Applicant, on behalf of has requested the voluntary annexation of the
approximately 95.2 acre tract and the rezonir property from County RS, Suburban Residential, to
Low Density Single-Family Residential, (35.08 acres) and Medium Density Single-Family
Residential, RS-8 (60.13 acres); and
WHEREAS, the proposed annexation has~een City; and
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WHEREAS, the Planning and Zonir~/Commission determined that, with appropriate conditions
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ensuring that the development of thg"property in accordan with the neighborhood design policies of the
Northeast District Plan. and with provisions for infrastructure such as sewer extensions and
financial contributions toward the .improvement of Lower Road, the proposed rezoning is in
/
conformance with the Northeast;District Plan, which is part of the 3rehensive Plan; and
/
WHEREAS, Iowa Code Sect)~n 414.5 (2001) provides that the City may impose reasonable
/ lic rezoning request, over and above existing regulations, in order to
conditions on granting an ~rPP ant's
/
~r
satisfy public needs d' ect~y caused by the requested change; and
WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure that the development of the property is in accordance with the neighborhood design
policies of the Northeast District Plan; and
Lindemann Conditional Zoning Agreement
Page 2
WHEREAS, the Owners 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 the mutual promises contained herein, the Parties agree as
follows:
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1. Robert Lindemann, Charles Lindemann, and Ruth et al are the owners and legal title
holders, and Southgate Develo ment Company ' contract purchaser of a portion of the
property legally described as fol
The East 100 acres of the of Section 7, Township 79 North, Range 5
West of the 5th P.M., except followir described tracts:
Tract 1:
Commencing at the North East of the South West one-quarter of section 7,
Township 79, North, Range 5 fifth principal meridian in Johnson County,
Iowa; thence North 87 Degrees 45 utes West along the north line of the said South
West one-quarter for a distance o feet to the point of beginning, thence South 2
degrees 15 minutes West for a of 321.4 feet, thence North 87 degrees 45
minutes West for a distance of ;nce North 2 Degrees 15 minutes East for a
distance of 321.4 feet, thence 87 dc rees 45 minutes East along the North line of
the said South West one-qua~ of 247.2 feet to the point of beginning;
containing an area of 1.82 act s more or
Tract 2:
Commencing at the N.E. ~rner of the S.W. Section 7 Twp. 79 North, Range 5
th
West of the 5 P.M.; then the North line of said S.W. ¼ for a
distance of 1203.8 feet NW. corner of survey in said S.W. ¼ Section
7-79-5 recorded in Plat page 35, Plat of Johnson County, Iowa; thence
on North 87o45' West said North line of S.W. ¼ 436 feet to the point of
beginning; thence of beginning, South 1°3' East, 218 feet; thence North
87045' West 100 fee North l°03" West 218 to the North line of said S.W.
¼; thence South 87° East 100 feet to the point ning, containing one-half acre
more or less subject easements and restrictions
Tract 3:
Commencing at t e Northeast corner of the Southwest on~-quader of section 7,
one-quarter for a distance of 954.7 feet to the point of beginning. thence South 2
degrees 15 minutes West for a distance of 321.4 feet, thence North 87 degrees 45
minutes West for a distance of 249.1 feet, thence North 2 degrees 15 minutes East for a
distance of 321.4 feet, thence South 87 degrees, 45 minutes East along the Nodh line
Lindemann Conditional Zoning Agreement
Page 3
of the said South West one-quarter for a distance of 249.1 feet to the point of beginning;
containing an area of 1.84 acres more or less.
Tract 4:
Beginning at the Southeast Corner of the Southwest Quarter of 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence along the
South Line of said Southwest Quarter, 1036.36 feet; Thence 2.38 feet, to
the Northeast Corner of Scott Boulevard East, Part accordance with the Plat
thereof Recorded in Plat Book 31, at Page 131, of th, of Johnson County
Recorder's Office; Thence N88°53'21"W, along the Line of said Scott Boulevard
East, Part One, a distance of 683.17 feet; thence NC along said North Line,
and the East Line of Scott Boulevard East, accordance with the Plat thereof
Recorded in Plat Bool~ at Page 225, of the Johnson County Recorders
Office, 75.04 feet; se S88°53'21"F, 9.02 Thence Northeasterly, 75.34 feet,
along a 1360.00 foot curve, concave whose 75.33 foot chord
bears N89°31'26"E; N87°56'13"E, ;.03 feet: Thence Northeasterly, 79.77
feet, along a 1440.00 foot curve, con Southeasterly, whose 79.76 foot chord
bears N89°31'26"E; S88°53'21"E feet: Thence Northeasterly, 372.64
feet, along a 960.00 foot curve, col Northwesterly, whose 370.30 foot chord
bears N79°59'27"E; Thence 68°52'14" 114.88 feet; Thence Northeasterly, 203.49
feet, along a 1040.00 foot concave Southeasterly, whose 203.16 foot
chord bears N74°28'33"E: 14.62 feet, to a Point on the East Line
of said Southwest Quarter of 7; Thence S00°05'18"E, along said East Line,
261.42 feet, to the Point of Beginr Said Parcel of land contains 4.45 acres, more or
less, and is subject to easements s restrictions of record.
Resultant tract contains 105.04 more or less and is subject to easements and
restrictions of record.
2. Owners and Applicant ackn, edge the City wishes to ensure appropriate residential
development that conforms the nei! design policies contained within the Northeast
District Plan. Further, the acknowled ~at Iowa Code Section 414.5 (2001) provides that
the City of Iowa City mE impose on granting an applicant's rezoning
request, over and above ~e existing rec. ~ublic needs directly caused by
the requested change, provisions y to support urban
development. Therefor Owners and Applicant certain conditions over and above City
regulations
3. In consideration of City's rezoning the subject 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, Owners and Applicant agree that preliminary and final plats for the eventual development
of this property will demonstrate compliance with the neighborhood design policies
Lindemann Conditional Zoning Agreement
Page 4
contained within the Northeast District Plan, and that the City will take these policies into
consideration during its review of said plats. These policies include, but are not limited to,
the provision of an interconnected street system, cuPde-sac streets only where other
options are not practical, designing sidewalk and trail connections as an integral part of the
neighborhood, including the construction of a trail and corddor along the
drainageway/wetland system that sects the property, the centrally-located
parkland within the devele ~nd ensuring neigt access to open space
areas.
b. Owners and Applicant agree to for a sewer main parallel to the
drainageway/wetland area and to seN( ~bird Lane properties on the west side
of the property. If a sewer easement is ded parallel to the rear lot lines of properties
fronting on Hummingbird Lane, one-hall ' the easement shall be within the rear yards of
the properties fronting on Hummingbi and one-half of the easement will be in the
subject property being annexed.
c. Prior to any plats or developm~ being al: on the property north of the midway
point between Lower West B~ Road Court Street, the reconstruction of Lower
West Branch Road must in a funded ~ar in Iowa City's Capital Improvements
program. Additionally, any I Iopment being approved for the property
north of the midway po~r Lower West Road and Court Street, the Owner
and Applicant agrees contribute funds to Cil for the reconstruction of Lower West
Branch Road. The and the amount of funds to be contributed
to City for the recon= of Lower West Road is $217,500, including $31,755
for the area to be RS-5, and $185,745 area to be rezoned to RS-8. The
fee to be paid to ~ for the reconstruction of Lower Branch Road may be paid on a
per-acre basis, as part of final plat approval, with fees be paid calculated on the total
acreage being final platted. Although the fee may be ~n a per-acre basis, at no point
will the total fees paid exceed $31,755 for the area to be ~ RS-5 and $185,745
for the area to be rezoned to RS-8.
Furthermore, street connections to Lower West Branch Road are required as this property
is platted in order to ensure an equal distribution of traffic throughout the neighborhood.
Said street connections shall not be constructed until Lower West Branch Road is
reconstructed to urban standards.
Lindemann Conditional Zoning Agreement
Page 5
4. The Owners and Applicant acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code Section 414.5 (2001), and that said conditions
satisfy public needs which are caused by the requested zoning change.
5. The Owners and Applicant acknowledge that in the even 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 be deemed to be a
covenant running with the land and with title to the land, and shall a in full force and effect as
a covenant with title to the land, unless or until released of City.
The parties further acknowledge this agreement to the benefit of and bind all
successors, representatives and assi s of the parties.
7. Applicant acknowledges that nothing Agreement shall be construed to
relieve the Owners or Applicant from with all applicable local, state and federal
regulations.
8. The parties agree that this Conditional reement shall be incorporated by reference into
the ordinance rezoning the subject nd that upon adoption and publication of the
ordinance, this agreement shall be Johnson County Recorder's Office at the
Applicant's expense.
Dated this day of
SOUTHGATE IOWA CITY
By By
Miles Braverman Lehman, Mayor
Attest:
Maria K. Karr, City Clerk
,'s -//
7-, 7_3 -,Dr'
Lindemann Conditional Zoning Agreement
Page 6
OWNERS
By
Charles Lindemann
Robert Lindemann
Ruth Kabela /~
/'
STATE OF IOWA ) /
) SS:
COUNTY OF JOHNSON )
On this day of me, a Notary Public in and for the
State of Iowa, personally appeared Miles Braverm~ known to be the person who executed the
foregoing instrument and acknowledged that he e×e~ as his voluntary act and deed.
Notar lic in and for the State of Iowa
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this day of 3efore me, a Notary Public in and for the
State of Iowa, personally appeared Lindemann, Lindemann and Ruth Kabela, to me
known to be the persons who executed foregoing
Notary Public in State of Iowa
) ss:
COUNTY OF JOHNSON ) _
On this day of , 2001, before me,
, a Notary Public in and for the State of Iowa, personally appeared
Ernest W. Lehman and Maria K. Karr, to me personally known, and, who, being by me duly sworn, did
p d
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
, 2001, and that Ernest W. Lehman and Madan K. Karr acknowledged the
execution of the instrument to be their volunta~ act and deed and the volunta~ act and deed of the
corporation, by it voluntarily executed.
Lindemann Conditional Zoning Agreement
Page 7
Notary Public in and for the State of Iowa
My commission expires:
STAFF REPORT
To: Planning and Zoning Commission Prepared by: John Yapp, Associate Planner
Item: ANN01-0001 / REZ01-0004 Date: June 7, 2001
95.2 acres north of Court Street,
south of Lower West Branch Road,
east of Scoff Park Drive /
Hummingbird Lane
GENERAL INFORMATION:
Applicant: Southgate Development Company
P.O. Box 1907
Iowa City, IA 52244
Contact Person: Glenn Siders, Southgate Development
P.O. Box 1907
Iowa City, IA 42244
Phone: 337-4195
Property Owner: Charles and Phyllis Lindemann
4306 Dane Rd. SW
Iowa City, IA 52240
Robert and Mary Lindemann
1310 Ashley Drive
Iowa City, IA 42246
Ruth Kabela
2714 Friendship Street
Iowa City, IA 52240
Requested Action: Voluntary annexation of approximately 95.2 acres
of land. Rezoning of said 95.2 acres from County
RS to Low Density Single Family Residential, RS-
5 (35.08 acres) and Medium Density Single Family
Residential, RS-8 (60.13 acres)
Location: North of Court Street, south of Lower West
Branch Road, and east of Scott Park Drive /
Hummingbird Lane
Size: Approx. 95.2 acres
Existing Land Use and Zoning: Undeveloped; County RS
Surrounding Land Use and Zoning: North: Residential; County RS
South: Public park & Residential; P & RS-5
2
East: Undeveloped & Residential; RS-8 & PDH-12
West: Residential; County RS & RS-5
Comprehensive Plan: The Northeast District Plan identifies this area as
a predominately single-family neighborhood, with
the potential for estate lots, duplexes, and zero-lot
line homes to be integrated into the neighborhood.
File Date: March 8, 2001
45 Day Limitation Period: Deferred to June 21, 2001
SPECIAL INFORMATION:
Public Utilities: City water and sewer are available to the property,
though they will need to be extended into the
property as it develops.
Public Services: If the property is annexed, police and fire
protection will be provided by the City. Refuse
collection will be provided by the City for single
family and duplex residences.
Transportation: Access to the property is available via Court
Street, a City arterial Street. Elgin Drive, a
residential street, also abuts the property to the
west. Lower West Branch Road will need to be
improved to provide access to the northern half of
the property. The nearest transit route is the
Eastside Loop route, which extends to the
intersection of Court Street / Scott Park Drive.
Sensitive Areas Ordinance: A stream corridor lies approximately north-south
on a portion of the southern half of the property,
and an associated wetland has been identified in
the northwest portion of the property.
BACKGROUND INFORMATION:
The applicant, Southgate Development Company, is requesting voluntary annexation of
approximately 95.2 acres of land located north of Court Street, south of Lower West Branch Road,
and east of Scott Park Drive / Hummingbird Lane. Concurrent with the rezoning request, the
applicant has requested the rezoning of the property from County RS to Low Density Single Family
Residential, RS-5 (35.08 acres) and Medium Density Single Family Residential, RS-8 (60.13 acres).
ANALYSIS:
Annexation
The annexation policy in the Comprehensive Plan states that annexations are to occur primarily
3
through voluntary petitions filed by property owners. The Comprehensive Plan establishes three
criteria under which to evaluate voluntary annexation requests.
1. The area under consideration falls within the adopted long-range planning boundary:
The properly proposed for annexation falls well within the adopted long-range planning
boundary in east Iowa City, which extends approximately one mile to the east past Taft
Avenue.
2. Development in the area proposed for annexation will fulfill an identified need without imposing
an undue financial burden on the City.
The Northeast District Plan identifies this property as a future residential neighborhood. The
steady population growth in the Iowa City metropolitan area, combined with a strong
housing market, have led to continued growth in the housing sector. The primary access to
the property is Court Street, an existing arterial street that is designed to accommodate
traffic from surrounding neighborhoods. On the north side of the property, staff is
recommending that Lower West Branch Road be reconstructed to City standards prior to
additional access points being permitted to it. Staff is recommending that the reconstruction
of Lower West Branch Road be a public project, with developers contributing to it's cost due
to creating a traffic burden on the road. Development of this property and properties to the
north, including extending sewer to the Iowa City Care Center to the north, will require the
extension of a sanitary sewer main. This project is in the Capital Improvements Program,
but it is nor yet funded. Besides the cost associated with reconstructing Lower West Branch
Road and extending a sewer main to serve properties to the north, there is little financial
burden on the City associated with the eventual development of this property, other than
typical City services which are available City-wide.
3. Control of Development is in the city's best interest.
Given that this property is well within the growth area, is bordered on the south side by a
City arterial street, and is adjacent to other City neighborhoods, it is in the City's best
interest to control development in this area, and to ensure that the area is served by city
services as it develops.
Staff feels the conditions for annexation are met in this case. The Comprehensive Plan states that
it is the intent of the City to look favorably on voluntary annexation proposals within the designated
growth area.
Proposed Rezoning
Concurrent with the annexation request, the applicant is requesting a rezoning from County RS to
Low Density Single Family Residential, RS-5 (35.08 acres) and Medium Density Single Family
Residential, RS-8 (60.13 acres). The drainageway and wetland area are proposed to be the
transition between the RS-5 and RS-6 zoning areas.
Compliance with Comprehensive Plan: The Northeast District Plan identifies this area as a
primarily single-family residential area, with larger estate properties, duplexes, and zero-lot line
homes integrated into the neighborhood. The Northeast District Plan also notes that small
apartment buildings and townhouses should be integrated into the larger neighborhood - there are
4
areas of multi-family zoning to the east of this properly. The proposed RS-5 zoning on the western
1/3 of the property matches the existing RS-5 zoning to the west. RS-5 zoning allows single-family
uses as permitted uses, and family care and eider homes are permitted as provisional uses. The
RS-8 zoning proposed for the eastern 2/3's of the property allows the same uses as in the RS-5
zone, and in addition zero-lot line dwellings and duplexes are permitted as provisional uses (with
minimum lot size and setback requirements). These zoning designations are generally consistent
with the Northeast District Plan.
Neighborhood Design Principles: The Northeast District Plan contains a number of
neighborhood design principles that will be used as a guide as properties in this part of the City
are subdivided and developed. Staff feels it is prudent to have these general principles written
into a Conditional Zoning Agreement for this property, in order to ensure they are carried forward
into the eventual development of this property. These general principles include an
interconnected street network, using cul-de-sac streets only where other options are not
practical, designing the sidewalk and trail system to be an integral part of the neighborhood,
preserving natural features such as stream corridors and wetlands, designing sidewalk and trail
systems as an integral part of the neighborhood, preserving natural features such as stream
corridors and wetlands, and ensuring neighborhood access to open space areas. Specific to this
development, staff recommends the Conditional Zoning Agreement include a requirement for a
trail and open space corridor to the provided in conjunction with the stream corridor and wetland,
and the creation of centrally located parkland somewhere within the development. The trail
would be constructed along with streets and sidewalks as development occurs, similar to how the
trail system has been developed in the Windsor Ridge area. Adherence to these general
neighborhood design principles would be evaluated with each subdivision proposal.
Sewer Easements: The City requires an approximate 30-foot wide sanitary sewer easement in
order to construct a trunk sewer to serve this property and properties to the north, including the
Iowa City Care Center, which is currently using a lagoon system for sewage treatment. This
sewer easement will be located parallel to the drainageway / wetland area. If the City constructs
this sewer, tap-on fees will be required as surrounding properties are developed. If the developer
constructs the sewer, the City will pay for the oversize cost so the sewer can serve properties to
the north, and no tap-on fees would be necessary for this property.
Staff also recommends that a condition of the rezoning be a sewer easement required for a
sewer line to extend to serve the rear of the Hummingbird Lane properties, to allow for them to
hook onto City sewer in the future. The exact location of these sewer easements are not known
at this time, but will be identified as the property develops, or when the sewer extension is
designed.
Lower West Branch Road: Lower West Branch Road is an existing County road at the north
end of this property proposed for annexation. It is designed for rural levels of traffic. The
Northeast District Plan classifies it as a future collector street, with a neighborhood square at
approximately the midpoint of the road between Scott Boulevard and Taft Avenue. Staff
recommends that the north half of the property proposed for annexation not be permitted to be
developed until Lower West Branch Road is in the Capital Improvements Program for
reconstruction. Staff does not want to see a situation where traffic from the north half of the
property near Lower West Branch Road is circulating through the neighborhood to Court Street
because of the inability to access Lower West Branch Road, or because Lower West Brach Road
is substandard for city-levels of traffic. When Lower West Brach Road is reconstructed, and as
this property is platted, street connections to Lower West Branch Road will be required to ensure
5
an even distribution of traffic.
Staff is also recommending the rezoning be subject to the property owner entering into an
agreement to contribute toward the cost of reconstructing Lower West Branch Road. This is an
unusual situation because typically, collector streets are constructed by the developer as
subdivisions are developed. In this case, Lower West Branch Road is an existing street. It is
anticipated the reconstruction of the road will be a public project with financial contributions from
adjacent properties as they develop. Based on a formula that calculates the 'fair share' of the
property's impact on the road (based on the frontage of the property), the north half of this
property would be required to contribute $217,500 toward the reconstruction of Lower West
Branch Road.
This fee will be required at the time subdivisions are final platted in the northern half of this
property. The subdivider would pay the fee for the amount of land they control. For example, if
the subdivider controls 20 acres in the northern half of this property, the fee would be required for
the 20 acres prior at the time any of it is final platted.
Cost estimate for reconstruction of Lower
West Branch Road to an urban cross-section
with sidewalks, for 1,740 LF abutting
property proposed for annexation $870,000
Multiply by 50% to subtract out the traffic
circulation function of a collector street vs.
the local access function $435,000
Multiply by 50% for the south side of the
street only. $217,500
Summary: Staff feels the proposed annexation clearly meets the annexation policy cdteria in the
Comprehensive Plan. The property is well within the City's growth area, is able to be served by City
sewer and water, and is contiguous to the current corporate limits. Provided the zoning is
conditioned upon the general neighborhood design principles contained in the Northeast District
Plan, the proposed zoning designations of RS-5 and RS-8 are consistent with what the Plan
envisions. Staff recommends the zoning also be conditioned upon the developer providing a sewer
easement to extend a trunk sewer through the property and to serve properties on Hummingbird
Lane, contributing toward the reconstruction of Lower West Branch Road, and providing a trail and
greenway along the stream / wetland area, and providing centrally located open space for a park as
the neighborhood develops.
STAFF RECOMMENDATION:
Staff recommends that ANN01-0001, a request for voluntary annexation of approximately 95.2
acres located north of Court Street, south of Lower West Branch Road, and east of Hummingbird
Lane / Scott Park Drive, be approved.
Staff recommends that REZ01-0004, a request to rezone approximately 95.2 acres from County
RS, Suburban Residential, to RS-5, Low Density Single Family Residential (35.08 acres) and RS-
6
8, Medium Density Single Family Residential (60.13 acres), be approved, subject to the following:
1. Conditions requiring the development of the property conform to the neighborhood
design principles in the Northeast District Plan, including provisions for a greenway
and trail along the stream / wetland area.
2. The development contributing toward the cost of Lower West Branch Road.
3. Dedicating sewer easements for a sewer main parallel to the drainageway / wetland
area and to serve the Hummingbird Lane properties on the west side of the property.
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and
Oommunity Development
ATI'ACHMENTS:
1. Location map
2. Rezoning exhibit
3. Correspondence received
C:\urban planning~southgate annexation
CITY OF IO~:A CITY
RS 5'
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P
~s~ ~ 18 :~ RS8 RS5
illllll II ....... { ' ~z3~: PDH8
S]~ LOCAtIOn: Noah of Cou~ St., south of Lower West Branch Rd.REZ01-00001
Sent by: MMS CONSULTANTS, INC. 3193518476; 05/16/01 9:08AM;Jetrax #15; Page 2/2
June 21,2001
Ms. Karin Franklin
Director, Planning and Community Development
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Re: Amendment to Lindemann/Southgate Development Annexation Application
Dear Ms. Franklin:
In accord with the demand of City staff, please be advised that the undersigned hereby
amend,hei, app,ica,ion,o,,heannexa,iono,
commonly known as the "Lindemann farm" to include those m
Hummingbird Lane south of Lower West Branch Road to the existing City limits. The
legal description of the property to be added to the application is attached.
Sincerely,
Southgate Development Company, Inc.
Appli~nt
CITY OF IO~A CITY ~
/2owa Ci.-y Care Center
approx. 5 acres
~ Grove
-~ 31 acre
Lindeman/Southgate
~ 5 .........'~ approx. 95 acres
approx. 16 acres ~ ~
""~ ~ ' DRS
RS 5
--_:
~ " /RM 12
~' Pj~8
M12 ~
, ,"'~", q, , , ,,, ~ .
Court/Rochester Proposed Annexation
06/07/01 TIKT 86:28 FAX 319 3840587 PLAN P0L LDRSHP STDS ~001
June 6, 2001
To: Mr. JohnYapp
Associate Planner
City of iowa City
From: Walter J. Foley
3726 Hummingbird Lane SE
Dear Mr. Yapp:
Since my wife m~d I will not be able to attend the meeting where we would have the
oppommity to express our contoms about the Southgate Development and Annexation PropOsal,
I attempted to telephone you. Since you were unavailable, the person I spoke to informed me that
you would be the person who would make sure that they were brought to the attention of the
members of the Planning and Zoning Commission.
Our understanding after discussing your April 27, 2001 letter to the property owners who
would be effected by the proposed annexation request is that there is no assurance that, once
accepted, the terms proposed in the request will be followed.
Specifically, our concerns center on the portions of the request that address what you
termed the proposed Medium Density Single Family (RS-8) zoning on approximately the eastern
two-thirds of the property and approximately 6 acres of Low Density Multi-family Zoning on the
north side of Court Street east of the existing drainageway.
Since we will no longer be within two-hundred (200) feet of any zoning changes that
would affect these two portions of the Linderman farm property, it is our understanding that we
will no longer qualify as effected neighbors. Without that status, changes in their zoning status
cm~ occur without our being notified. I:t is also our understanding that Southgate Development
will be its own effected neighbors, If this traderstanding is correct, we do not consider it likely
that they will have concerns about changing the Low Density Multi-family Zoning status of the
six acres described in your letter.
We consider such a future request has a high probability. The fact of the matter is that the
Linderman Farm property includes extensive wetlands that are not subject to development. When
these wetlands are subtracted from the area zoned RS-8 in the Southgate Development proposal,
our feeling is that it is almost certain that a change to a higher density will be requested for the
approximately six acres Low Density Multi:family Zoning on the north s~de of Court Street east
of the existing drainage way to maximize the value of their investment.
Thank you in advance fur bring these pressing concerns to the attention of the Planning
and Zoning Commission and we arc confident that you will recommend a procedure to insure
that this highly likely event will not occur in the foreseeable future,
Sincerely,
W~lter ~. F~;y~'/~ '
Page 1 of 1
John Yapp
From: Douglas Spitz [ndspitz@home.com]
Sent: Monday, June 04, 2001 8:03 AM
To: john-yapp@iowa-city.org
Subject: construction-north Court Street
Mr. John Yapp,City Associate Planner,
We have recently purchased a home on East Court Street.
It has not escaped our attention that there is considerable construction bein9 done in the neighborhood, which
is to be
expected. However, we have some concerns about the kind of dwellings which are being constructed.
We strongly urge you to continue to support the R5 zoning code which permits mostly Low Density Single
Family homes in our neighborhood and area.
We selected this home because of its atmosphere of
serenity. We expect traffic to increase in the early morning hours and in the evening when people go to work
and return home. To zone this area for Medium Density Single Family(RS) and Low Density Multi-Family
dwelling will increase traffic and change the character of the neighborhood.
We witnessed an accident two weeks ago at the corner of East Court & Scott Blvd. Traffic flow already makes
turning out to Scott Blvd. from Court Street dangerous during increased traffic hours. At best even now, the
corner should become a four-way stop, as it is at First Avenue and Court.
For these reasons we request your support in protecting pedestrians and joggers and controlling the increased
traffic flow to the area by retaining the Low Density Single Family (RS) zoning of the neighborhood.
We thank you for anything you do to help us preserve the
safety and beauty of our homes.
Sincerely,
Douglas and Nell Spitz, Sr.
3642 East court Street
Iowa City, IA 52245-3953
6/18/0 1
John Yapp
From: Todd Stewart [todd-stewart@uiowa.edu]
Sent: Monday, June 04, 2001 10:57 AM
To: John-yapp@iowa-city.org
Subject: Zoning Request
Mr. Yapp,
I writing to voice concern over Southgate Development's request to fezone
the area North of Court Street from low density single family
housing. While I support combining some multi-family housing, along with
single family homes, I'm very concerned that the area around Scott
Boulevard has had a huge increase in these types of property in the past
several years. Combine this with the new traffic from Windsor Ridge and it
has resulted in a large increase in car traffic and has increased our
safety concerns. It is getting increasingly difficult to enter Scott
Boulevard from Court Street in the morning work traffic.
Therefore, we would be adamantly opposed to increasing the construction of
either medium or low density multi-family housing in this area.
Thank you,
Todd Stewart
528 Scott Park Drive
John Yapp
Subject: FW: WEB COMMENT - Comment
Type: Comment
Problem: Other - Explain in Comment Section
Comments: I am writing to Mr. John Yapp, associate planner concerning the rezoning of the area east of Scott blvd and
north of Court. I own the property at 408 Scott Park Dr. and the lot next door which is vacant. Our house is valued at
$291,000 and I would like to see the annexed are zoned entirely
RS1 to protect its value. If some land must be RS8
the height of the buildings should be held to 2 stories. Have you looked at the 3 story monster tha is going up on the NE
end of Court? How out of place does that look! We are trying to protect ou lovely neighborhood. Thank-you, Carol Litton i
would appreciate a verification by e-mail that you have received these comments.
Name: Carol Litton
Phone: 338-0795
Email: kikilitton@aol.com
John Yapp
From: Denita Langholdt [langholdt@iwc.edu]
Sent: Saturday, May 05, 2001 3:55 PM
To: iohn-yapp@iowa-city.org
Subject: annexation of acres north of Court Street
John:
We recieved your mailing about the upcoming proposal to discuss the
annexation and rezoning of acres north of Court street east of the
existing drainageway.
As a property owner along that area we are very concerned about the
proposal to rezone that area from a single family dwelling (RS-5) to a
medium density dwelling (RS-8).
We have bought our home with the knowledge that the area north of us
was single family dwelling and we would like it to remain that way for
several reasons: the area east of there has already been approved for
multidensity dwelling, the increased traffic with very limited access
to anyother road other than Court Street, increased risk for our
children and most importantly it is already rated for single family
dwelling.
Please consider our request to not allow the rezoning of that area.
Thank you
Donita and Richard Langholdt
406 Elmira Street
NeoMail - Webmail that doesn't suck... as much.
http://neomail.sourceforge.net
I ,b 1
July 20, 2001
Ray and Nancy Wombacher
3644 Elgin Drive
Iowa City, tA 52245
Re: Proposed annexation and rezoning in your area
Dear Mr. and Mrs. Wombacher:
A number of months ago you had submitted a protest petition to me, protesting the rezoning of
the 95-acre tract of land to the east of Elgin Drive. At the time, Southgate Development
Company had contemplated multi-family zoning on the north side of Court Street, and I believe
your protest petition specifically mentioned that you did not want to see additional multi-family
zoning in the area due to the higher densities that would be constructed in the neighborhood.
Since that time, Southgate Development Company has amended their application to include
Low Density Single-Family (RS-5) zoning on the western one-third of the property, and Medium
Density Single-Family zoning (RS-8) on the eastern two-thirds of the property (see attached
plan). No multi-family zoning is being proposed.
Because your protest petition was based on the previous zoning proposal, it no longer applies. If
you wish to protest the Low Density and Medium Density Single-Family zoning now being
proposed, I encourage you to file an additional protest petition with the City Clerk. A public
hearing before the City Council on this proposal is scheduled for July 31, at 7:00 p.m. in Emma
J. Harvat Hall, 410 East Washington Street. I wanted to notify you of the need to file an
additional protest petition if you wish to continue to protest the rezoning of this property.
Please call me at 356-5247 if you have any questions.
Sincerely,
John Yapp
Associate Planner
ppdadm/ftrs/wombacher doc
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April 5, 2001
City Council and
Planning and Zoning
410 E. Washington Street
Iowa City, IA 52240
Gentlepersons,
We wish to formally protest the rezoning of the property north of Court Street, east of
Scott Park Drive and Hummingbird Lane. (See attached documents.)
Our objection has to do with the increase in density of the area in question.
Unfortunately, we will be out of town on April 19, 2001 and therefore, unable to attend
the meeting.
We strongly and sincerely request that this rezoning be denied.
Ray and NancYW)ombacher
3644 Elgin Drive
Iowa City, IA 52245
PH: 337-7197
City of Iowa City
MEMORANDUM
May 31, 2001
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
Re: Annexation issues with regard to Hummingbird Lane properties
Staff would like to bring to the Commission's attention an issue that arises due to the
pending annexation requests. As you can see from the attached map, if the Plum Grove
and Southgate annexations are approved, a very irregular city boundary will result.
Eight properties along Hummingbird Lane and Lower West Branch Road will remain in
unincorporated Johnson County, and be virtually surrounded by the City. All but one of
the properties contain existing single family homes. Planning staff recommends that
the City include the subject properties along Hummingbird Lane and Lower West
Branch Road as a part of the pending annexation requests for the following
reasons:
· State law is drafted to discourage cities from creating irregular boundaries or islands
of unincorporated area within a city. To that end, the State Code allows a City to
include in its application for a "voluntary annexation" a certain amount of land without
the consent of the property owners, without having to go through the process
involved with regard to an "involuntary annexation." Section 368.7(1) of the State
Code states that "territory comprising not more than twenty percent of the land area
may be included in the application without the consent of the owner to avoid creating
an island or to create more uniform boundaries."
· As you are aware, the City has established a growth area limit around the City. This
growth area limit gives notice to all present and future residents that this land is
intended for future urban development. The City has also adopted the Northeast
District Plan that provides more specific direction for this area. The plan shows
these properties as existing residential. The properties along Hummingbird Lane are
now directly adjacent to the City limits and well within the City's growth area limit. If
annexed, staff recommends that these properties be zoned Low Density Single
Family Residential (RS-5) to remain consistent with what has already been
developed.
· While it is not the policy of the City of Iowa City to annex land against the wishes of
the property owners, the City has an obligation to provide for the orderly growth of
the City and the efficient provision of municipal services to its residents. In addition,
the City has an obligation to distribute fairly both the benefits and the costs to all
those who are utilizing the City's services. If the Hummingbird Lane/Lower West
Branch Road properties are not annexed at the same time as the Southgate and
Plum Grove Acres properties, service provision will become difficult and confusing in
this area. Provision of fire protection, police protection, and road maintenance are
just a few of the issues that may be a problem for both the City, the County, and the
residents if these properties are not annexed at this time.
· Failure to annex these properties at this time may also create a situation where a few
property owners could essentially prevent other properties in the vicinity from being
annexed into the City in the future.
Staff met with the affected property owners along Hummingbird Lane and Lower West
Branch Road on April 25 to notify them of the pending annexations in their area,
highlight some of the City's concerns with regard to the efficient provision of City
services, and answer property owners' questions. These property owners are aware that
staff will be recommending to the Commission that their properties be annexed into the
City if the adjacent annexations are approved. For your information, we have attached a
copy of the follow-up letter that was sent to properties owners along Hummingbird Lane
and Lower West Branch Road after the April 25 meeting, addressing several of the
questions and concerns raised at this meeting.
If these properties are annexed, property owners can expect an improvement in the
public services available to them. Following are a few examples of how services might
change or be improved following annexation:
· Fire Protection - Currently the West Branch volunteer fire department provides fire
protection services to properties along Hummingbird Lane. The Iowa City Fire
Department will not respond unless it receives a call for mutual aid from the West
Branch Fire Department once West Branch has arrived at the scene. Response
times from West Branch are likely to be at least 15 minutes to Hummingbird Lane. If
properties along Hummingbird Lane were annexed into the City, fire response times
would improve substantially. As an added bonus, property owners will most likely
experience significant savings on their homeowners insurance, due to the increased
fire and police protection provided to City residents.
· Police Protection - Currently, if property owners experience problems requiring police
assistance, the Johnson County Sheriff's Department has jurisdiction. Sinca Iowa
City has its own police department with higher levels of staffing, police protection
would also be improved if properties were brought into the City.
· Water Service - If annexed, properties along Hummingbird Lane would not be
required to abandon existing wells for at least twenty years. However, they would
have the option to connect to the City's water system. A City water line already exists
along the west side of Hummingbird Lane. Water service to properties along Lower
West Branch Road is not currently available. It is anticipated that a water line will be
extended in this area as the adjacent properties to the east are developed over the
next several years.
· Sanitary Sewer Service - It is anticipated that a new sewer line will be constructed
within the next few years on the Southgate/Lindeman property located to the east of
the Hummingbird Lane properties. As with water service, property owners along
Hummingbird Lane would not be required to abandon existing septic systems and
connect to the City's sewer system. However, if a septic system begins to fail, the
Johnson County Health Department may require the property to be connected to the
City's sewer system. It may also be more cost-effective to connect to the sanitary
sewer system than to reconstruct a failing septic system.
· Garbaqe - City garbage and curbside recycling service would be available to
properties along Hummingbird Lane if annexed to the City.
· Improvement and Maintenance of Surroundinq Streets - If annexed, the City would
snowplow and maintain the streets in the area. The northern portion of Hummingbird
Lane is currently privately owned by Plum Grove Acres, Inc. and is currently closed
to traffic. As a part of its annexation application, Plum Grove Acres, Inc. will be
dedicating this portion of Hummingbird Lane to the City for a public right-of-way.
After annexation, the City will then be responsible for maintenance and snow
removal.
As can be expected, since the City provides an increased level of public services,
annexation of these properties would also result in an increase in property taxes. The
current County tax levy rate for these properties is $21.63 per $1,000 of taxable value.
The City's tax levy rate is currently $33.10 per $1,000 of taxable value. To ease some of
this burden, the City Council has the option per State law to transition the property tax
increase over a period of not more than five years.
In summary, staff recommends that the Commission recommend these eight properties
along Hummingbird Lane and Lower West Branch Road for annexation into the City in
order to avoid an irregular City boundary that would cause confused and inefficient
provision of public services over time. Staff also recommends that RS-5 zoning be
adopted for these eight properties in order to remain consistent with the existing single
family residential development.
Robert Miklo, Senior Planner
Department of Planning and Community Development
April 30, 2001
(Name and address)
Re: Annexation issues
Dear (name):
Thank you for coming to the meeting on April 25 to discuss the possible annexation of
your property to the City of Iowa City. We appreciate the candid discussion of your
concerns. There were a number of questions that came up at the meeting that we
were unable to answer fully at the time. We have done some investigating and offer
the following responses to your questions:
· question: How will my property taxes change if my property is annexed into
the City?
If annexed into the City, your property taxes will increase to pay for the additional
services that the City provides. As mentioned at the meeting, it is possible for the
City Council to transition the property tax increase over a period of not more than
five years. If a gradual transition in property taxes is important to you, then you
should make your wishes known to the Planning and Zoning Commission either
verbally or in writing.
Your property is in Scott Township/Iowa City Schools (District #23). Your current
tax levy rate is 21.63325 per $1,000 of taxable value. If your property were to be
annexed into Iowa City, you would be taxed at the Iowa City tax levy rate, which is
currently 33. 10457 per $1,000 of taxable value. The current residential rollback is
54.8525%. For example, if you owned a home that had an assessed value of
$100,000, the taxable value would be $54,853. Therefore, in the county your
property taxes would be $1,186,65. If that same property was in the City of Iowa
City, the property taxes would be $1,815.88.
For more information regarding property taxes, call the Johnson County Auditor's
Office at 356-6004 or visit their website: www.icauditor,com.
· Question: Can I connect my property to the City's sewer system without
connecting to the City's water?
Yes, this is possible. However, since sewer charges are based on the amount of
water you use, the City would have to install a meter on your private well. You
would not be charged for the water you use, but would be billed for sewer service
based on monthly water usage.
· Question: Do I have to use the City's garbage service right away?
No, according to the State Code (455B.306A), if a private entity is currently
providing solid waste collection, the City is required to give notice to that private
entity prior to annexation. In addition, the City is not allowed to commence
alternative solid waste collection for one year from the effective date of the
annexation or one year from the effective date of the notice that the city intends to
operate solid waste collection, unless the City contracts with the private entity to
continue the services for that period. However, after one year the City will begin
collecting your garbage and recycling and you will be billed at the City's rate. Page
10 of the enclosed booklet describes the City's garbage, yard waste, and recycling
services in more detail.
Please note that the Iowa City Planning and Zoning Commission has deferred
discussion of the Southgate/Lindeman and Plum Grove annexation requests
until their June 7 meetinl~. This meeting will be held at 7:30 PM in the Civic Center
Council Chambers, 410 E. Washington Street, Iowa City. At that time staff will be
recommending to the Planning and Zoning Commission that the properties along
Hummingbird Lane and Lower West Branch Road (see attached map) be annexed at
the same time. If you would like to provide input on any of these annexation issues,
please plan to attend the hearing on June 7. If you are unable to attend the public
hearing or would rather submit your comments to the Commission in writing, please
forward them to my attention: Karen Howard, 410 E. Washington, Iowa City, Iowa
52240.
I have enclosed a booklet that provides a more detailed description of the City's
services. If you have any additional questions, please contact me at (3 19) 356-5251 or
by email: karen-howard~iowa-citV.orq.
Sincerely,
Karen Howard
Associate Planner
Department of Planning and Community Development
City of Iowa City
MEMORANDUM
DATE: June 18, 2001
TO: Bob Miklo, Senior Planner
FROM: Jeff Davidson, JCCOG Transportation Planner ~~
RE: Traffic Analysis of Proposed Boyd and Southgate Annexations
You have asked me to provide a brief traffic assessment of the proposed Boyd and
Southgate annexations, pursuant to the comprehensive plan policy which states that
when we consider the merits of a proposed annexation or development, the impact of
increased vehicular traffic on any street, currently at or near capacity, will be studied and
the results will be included as an additional factor in that decision. If approved, these two
annexations would allow approximately 410 residential dwelling units to be constructed,
as well as 11 acres of CC-2 commercial space to be developed. The future growth
scenarios of our arterial street traffic analysis model reflect development of this area
similar to what is proposed.
We now have the benefit of having our updated arterial street traffic analysis model
available for our use. The model was updated and recalibrated last year, and the growth
scenarios reflect build-out of the adopted Iowa City growth area. One other change that
has been made in the last six months is that we are now calculating volume-to-capacity
ratio (V/C) based on Level of Service D rather than Level of Service C. This change was
approved by the Transportation Technical Advisory Committee of the Johnson County
Council of Governments because it is believed the capacities reflected in Level of
Service D (a slightly greater delay value than Level of Service C) is closer to what we
generally consider to be the daily capacity of an arterial street.
With respect to the Boyd and Southgate annexations, the arterial streets of greatest
concern are Scott Boulevard, Rochester Avenue, Court Street, and Muscatine Avenue in
east Iowa City. The existing traffic volumes and V/C ratios at Level of Service D are:
· Court Street west of Scott Boulevard: 3,860 vpd; V/C .32;
· Scott Boulevard, Court Street to Lower West Branch Road: 7,200 vpd; V/C .56;
· Scott Boulevard, Court Street to Muscatine Avenue: 9,100 vpd; V/C .71;
· Rochester Avenue east of Scott Boulevard: 6,900 vpd; V/C .36; and
· Rochester Avenue west of Scott Boulevard: 3,530 vpd; V/C .27.
As you can see, existing arterial street V/C ratios in the vicinity of the proposed
annexations are well under 1.0. Our ten-year projection of future arterial street traffic
volume in this area does not have a level of precision that I am satisfied with, but it does
demonstrate some general trends: Scott Boulevard shows continued traffic growth with
volumes typical for existing closer-in arterials, 10,000 to 20,000 vehicles per day. More
modest growth is projected on Court Street and Rochester Avenue because of the
extension of First Avenue and Scott Boulevard to Dodge Street.
Traffic Analysis of Proposed Boyd and Southgate Annexations
June 18, 2001
Page 2
There are two significant street issues in east Iowa City in the vicinity of the proposed
annexations. The first is the paving of Lower West Branch Road. The existing surface of Lower
West Branch Road between Scott Boulevard and Taft Avenue includes both chip seal and
gravel segments. Neither of these are appropriate for the long-term development of this area.
This matter is being addressed through negotiated impact fees with developers as a condition of
development. These fees will provide funding for the repaving of Lower West Branch Road as
well as the construction of storm sewer and sidewalks.
The second big issue relates to arterial street intersections, specifically Scott
Boulevard/Rochester Avenue, Scott Boulevard/Court Street, and Scott Boulevard/Muscatine
Avenue. These intersections are the critical capacity issues for the arterial street system in this
vicinity. If we can keep these intersections functioning well, then we can keep the entire arterial
street system functioning well.
The intersection of Scott Boulevard and Rochester Avenue currently has left-turn lanes on two
of the three approaches. Within the next two years the fourth approach will be added when
Scott Boulevard is extended from Rochester Avenue to Dodge Street. It is our intention to
include the addition of separated left-turn lanes on the remaining two approaches of the Scott
Boulevard/Rochester Avenue intersection when the extension is completed. This intersection
will eventually require a traffic signal but we do not believe that it is currently warranted.
Turn lanes and traffic signals will eventually also be needed at the Court Street/Scott Boulevard
intersection and the Muscatine Avenue/Scott Boulevard intersection. We do not believe that
signals at these intersections are currently warranted. The proposed Boyd and Southgate
annexations will be contributing factors in the eventual decision to signalize these intersections,
along with the overall growth of the community.
There may also be concerns raised about the intersection Court Street and First Avenue, which
is the most significant major arterial street intersection west of the proposed annexations. This
intersection is being improved within the next two years with full turning lane separation and a
traffic signal as part of the extension of First Avenue north of Rochester Avenue.
Our most recent traffic collision report shows no significant collision histories on the arterial
system in the vicinity of the proposed annexations.
It is difficult to assess the traffic impact of the proposed annexations much beyond the
immediate arterial street network. The traffic impact which can be attributed to the proposed
annexations becomes dispersed and blends in with the overall traffic growth in the community.
Undoubtedly there is some incremental traffic impact from the proposed annexations throughout
east Iowa City, as there will be with any new development in the area.
Hopefully this brief analysis will be of assistance to the Planning and Zoning Commission and
the City Council. Feel free to contact me if you have any questions or would like additional
information, or if you would like me to attend any meetings.
cc: Karin Franklin
Chuck Schmadeke
Rick Fosse
jccogtp/rnem/boyd-southgate dc~c
July 24, 2001
Iowa City Council Members
Iowa City, IA
Dear City Council Members:
On July 31, 2001 you will be considering an annexation proposal that
includes our property. We live at 3710 Hummingbird Lane SE. Although
our property is described as a part of the Lindeman/Southgate Annexation,
we are actually one of seven property owners along Hummingbird Lane
and are not a part of the proposed new developement.
We have lived in our home for nearly nine years. Others on the lane
have been here for more than twenty years. We chose to move to the
county to enjoy a quieter atmosphere, more open land, less traffic. We
have our own well and septic system as well as a low cost garbage company
which includes recycling. We do not wish to be annexed but have been told
we will be annexed involuntarily. If this is true, and we have no recourse,
we would like you to consider some actions that could ease the blow of
forced annexation and protect the quality of this developing neighborhood.
Hease carefully consider that our county area required one acre lots
when we purchased our home. The proposed zoning for the areas
immediately adjacent will now allow a marked increase in the housing
density. Please consider only single family homes in the Southgate section
in order to make a transition to the smaller lots that city zoning allows
without reducing the property value for those of us already here. Also,
please consider restricting the commercial development in the Plum Grove
area to a true neighborhood need. We feel a convenience store is not
needed as there are already two quite close and the added traffic and noise
will be detrimental to the well being of the residents of the adjacent Iowa
City Rehabilitation and Health Care Center.
On a more personal request, we would ask for a delay of increased city
taxes for as long as allowed because we will not have many of the things
those taxes help pay for( i.e. water, sewer, gas ) and we are not asking for
the annexation. We would also ask for assistance in getting the water,
sewer, and gas lines to us when we do have to pay full taxes. If we must
become a part of the city and pay the taxes then it seems fair that the city
help us in getting those things our taxes will support.
As noted before, we do not wish to be annexed. Our first request is for
you to consider leaving Hummingbird Lane out of the annexed property.
If you do not meet this request, then please consider our other requests.
Thank you,
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
CITY OF IOWA CITY ROBERT A. LEE
RECREATION CENTER HVAC INSTALLATION
AND BOILER REPLACEMENT PROJECT
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City Council
of the City of Iowa City, Iowa, will conduct a public
hearing on plans, specifications, form of contract
and estimated cost for the construction of the City
of Iowa City Robed A. Lee Recreation Center
HVAC Installation and Boiler Replacement Project
in said City at 7:00 p.m. on the 31st day of July,
2001, said meeting to be held in the Council
Chambers in the Civic Center in said City, or if
said meeting is cancelled, at the next meeting of
the City Council thereafter as posted by the City
Clerk.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
City Clerk in the Civic Center in Iowa City, Iowa,
and may be inspected by any interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARlAN K. KARR, CITY CLERK
pweng~nph\HVAC-nph.doc
NOTICE OF PUBLIC_HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
31st day of July, 2001, at 7:00 p.m. in the
Council Chambers of the City of iowa City,
410 E. Washington Street, Iowa City, Iowa,
or if said meeting is cancelled, at the next
meeting of the City Council thereafter as
posted by the City Clerk; at which hearing
the Council will consider a Resolution of
Authorizing Conveyance of an undeveloped
portion of WooIf Avenue from McLean Street
South for a distance of 240 feet to Craig
Syrop, Anne Sadlet, M. Alice Sahs, and
Marira McGurk Eicher.
Copies of the proposed resolution are on
file for public examination in the office of the
City Clerk, Civic Center, iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and
place.
MARlAN K. KARR, CITY CLERK
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
31st day of July, 2001, at 7:00 p.m. in Emma
J. Harvat Hall of the City of Iowa City, 410 E.
Washington Street, Iowa City, Iowa, or if said
meeting is cancelled, at the next meeting of
the City Council thereafter as posted by the
City Clerk; at which hearing the Council will
consider a Resolution Authorizing
Conveyance of 1605 Dickenson Lane, Iowa
City, to a qualifying family under the
Affordable Dream Home Program.
Copies of the proposed resolution are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and
place.
MARlAN K. KARR, CITY CLERK
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00
p .m. on the 31 ,t day of July, 200 I, in the Civic Center, Emma J. Hatvat Hall, 410 East Washington Street,
Iowa City, Iowa, in consideration of the following items:
1. An ordinance amending Section 1-9-3B of the Code of Ordinances of Iowa City, establishing the
boundaries of the voting precincts in Iowa City.
2. An ordinance amending Section 1-5-1 of the Code of Ordinances of Iowa City, establishing the voting
precincts that comprise the three City Council Districts.
Copies of the proposed amendments and ordinances are on file for public examination at the office of the
City Clerk, Civic Center, 410 East Washington Street, Iowa City, Iowa. Persons wishing to make their
views known for Council consideration are encouraged to appear at the above mentioned time and place.
MARlAN K. KARR, CITY CLERK