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HomeMy WebLinkAbout10-18-2007 Planning and Zoning Commission PLANNING AND ZONING COMMISSION Monday, October 15, 2007 - 5:30 PM Informal Meeting Lobby Conference Room 410 E. Washington Street Thursday, October 18, 2007 - 7:30 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street AGENDA: A. Call to Order B. Public Discussion of Any Item Not on the Agenda C. Rezoning/Development Item: REZ07-00015/SUB07-00007/SUB07-00008: Discussion of an application from Dav-Ed Limited & Prime Ventures for a rezoning to amend a Sensitive Areas Development Plan and a preliminary and final plat of Galway Hills Part 4, a 26-lot, 10.41 acre residential subdivision located west of Donegal Place on Galway Drive. (45-day limitation period: October 29, 2007) D. Rezoning Item: REZ07-00014: Discussion of an application submitted by Big Ten Rentals for a rezoning from Central Business Support (CB-5) zone to Central Business (CB-10) zone for approximately .48 acres of property at the northwest corner of Linn Street and Court Street (former St. Patrick's Church). (45-day limitation period: October 29,2007) E. Development Item: SUB07-00009: Discussion of an application from The Crossing Development for a final plat of Cardinal Pointe South Part One and Part Two, a 39-lot, 45.04 acre residential subdivision located east of Camp Cardinal Boulevard, south of Kennedy Parkway. (45-day limitation period: November 12,2007) F. Consideration of Meeting Minutes: October 4, 2007 G. Other H. Adjournment Informal Formal 1 ~ 1 -~= -~ ~~W~'t ~ ~IIIII~ --~ CITY OF IOWA CITY MEMORANDUM Date: October 18, 2007 To: Planning and Zoning Commission From: Sunil Terdalkar, Associate Planner Re: Galway Hills Subdivision - Part IV At your last meeting, you requested additional information/clarification about the following issues related to the proposed amendment to the Preliminary and Final Planned Development Plan: Inspectors from the Housing Inspection Services Department visited the site with representatives of the applicant and confirmed that development activity has been carried out beyond the existing construction limits on lots 19, 20, and 21, as well as lot 8 (see attached memo from Julie Tallman). Silt fences have been installed farther into the lots than that shown on the plans and beyond the construction limits. The excavated materials from lots 19 and 20 were moved and stored in this area. To correct this situation, the applicant has removed the soil from this area and laid a wood mulch to prevent soil erosion. The applicant has also been directed to seed the areas for temporary coverage. The applicant has also installed a temporary construction fence on the existing construction limit line to prevent further violation of the limit. As noted in the October 4th staff report, to help prevent any additional encroachment beyond the construction limit line, staff recommends that temporary construction fencing be installed for the remainder of the subdivision to demarcate the construction limit line. The applicant has provided a drawing showing the existing construction limit line, existing construction activity and proposed construction limit line (see attacment). There was a question about what is allowed to occur within the conservation area. The Sensitive Areas Ordinance allows practices associated with "timber management standards" as defined by the International Society of Arboriculture. Timber management typically includes activities such as removing dead or diseased trees, and clearing of invasive species to maintain a healthy woodland. The Best Management Practices published by the office Iowa Department of Natural Resources can also be referred to for more guidance. The applicant has also provided a revised set of plat drawings with notations about the recommendations from the office of Johnson County Soil and Water Conservation District to provide stability to the soil, improve the quality of the stormwater runoff and maintaining the woodlands. Confirmation that these conditions have been adhered to, should be provided at various stages, such as issuance of building permit, construction run-off permit, and certificate of occupancy. These measures should be addressed in the legal papers for the final plat. The applicant has indicated that they are organizing a neighborhood meeting to discuss the concerns and comments of the neighboring property owners and the neighborhood association. The results of the meeting will be reported at the October 18 Planning and Zoning Meeting. Attachments: 1. Revised Plats 2. Exhibit showing existing activity and proposed changes 3. Letter from the applicant - Prime Ventures 4. Memo from Julie Tallman, Housing and Inspection Services ,P IfJWAPl"PIoIlll.CNT"'tJf'~~r"'TIOM._ 'AMENDED' PRELIMINARY PLAT & SENSITIVE AREAS GALWAY HILLS SUBDIVISION ...."" iE PlAT PRRPARED BY OWN2/~R~:R C I~r~/stJ!~!" A OWNF.R'S ArnlRNP.Y lU,IS CONSULTANTS IHe DAV-EO UNITED PRINE VENTURES DEVELOPMENT, INC. YICHAEL J. PUGH 1917 SOUTH GILBERT 51 2300 CAE DRIVE 580 I&AOISON AVENUE TOWER PLACE 10"1. CITY, IOWA 52240 IOWA CITY, IOWA 52246 UNIT #3 ONE SOUTH GILBERT ST. 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I \ ...... \ "- I I I / I I I I I I I I \ I I I I I I I I I \ I I \ \ \ \ \ \ '0 \ \ \ \ \ 18 \ 11 \ \ \ \ 10 - LIMITS OF CONSTRUCTION AREA DISTURBED 23 I ~ ~ - LIMITS OF CONSTRUCTION AREA TO BE INCREASED (ME ENTURES CONSTRUCTION 580 Madison Avenue Unit 3 North Liberty, Iowa 52317 Phone: 319-665-9200 Fax: 319-665-9203 October 9, 2007 To: LeeAnn Kincade Re: Galway Hills, Lots 19 and 20. LeeAnn, During the excavation of lots 19 and 20 in Galway Hills, the excavating company allowed dirt from the over dig to fall over the construction limit line. This occurred primarily because the silt fence was installed along the tree line and not the construction limit line. Although we did not dig over the construction line, we did have to disturb the soil in order to pull the dirt back across the construction limit line. Once the dirt was pulled back, we immediately mulched and seeded the area. In addition, we have installed a barrier and a silt fence on the construction limit line that should mitigate the problem from recurring. We will continue to monitor the area and instruct all subcontractors to not cross the line of construction. If there are any other measures we can take to return the disturbed soil to its original state, please let us know. Respectfully, Mike Manfull Vice President Prime Ventures Construction ~':&- CITY OF IOWA CITY MEMO TO: Sunil Terdalkar FROM: Julie Tallman DATE: 10 October 2007 RE: Disturbance within conservation easement in Galway Hills 4 Prime Ventures is the owner and developer of lots within Galway Hills 4, During construction of single-family dwellings, development activity (grading) occurred within areas that were identified as "conservation easement", The surface of slopes within this conservation easement had been graded and stripped of vegetation, HIS and Planning staff met with John Milder of Prime Ventures and Duane Musser of MMS and confirmed that the limits of the conservation easement had been exceeded, It was agreed that development activity had occurred in areas where it was not allowed, Prime Ventures has already responded by covering disturbed slopes with a thick layer of wood mulch, to absorb the impact from rain and prevent soil erosion. There is also a silt fence installed at the toe of the slope. Mulch will be extended to cover the bottom of the slope, where accumulated sediment from earlier rains is visible. The existing silt fence will remain, and will be maintained as a sediment control. These measures are considered "temporary stabilization". Permanent stabilization will be required as a condition of the Construction Site Runoff permit. Permanent vegetation will be established on the disturbed areas and must provide 70% coverage before the terms of the Construction Site Runoff permits are met. City of Iowa City MEMORANDUM Date: October 18, 2007 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: REZ07-00014 - 228 E. Court Street Based on the discussion at your October 4 meeting, the applicant has submitted a revised bedroom mix for the project (see attached email from J Randy Bruce). They propose a mix that results in 412 bedrooms, down from the 430 initially proposed. Even with this change the proposed density of 858 bedrooms per acre would far exceed the residential density of other buildings completed over the last 10 years in the CB-5 and CB-10 Zones, and would house nearly 2.5 times as many residents per acre as the densest project built to date in the CB-10 zone. Even taking an average density of recent residential projects in the CB-5 Zone (see attached Residential Density Comparisons) and doubling that number for CB-10 zoning, results in a density that is far below the density proposed by the applicants.1 City staff remain concerned about the proposed residential density and apartment mix for this project. Staff find that the density is achieved by concentrating floor space in bedrooms, while minimizing living, dining, and shared common areas within the building. Based on the discussion and resulting requirements for the previous two CB-1 0 rezoning requests, there seems to be a consensus that the Centrclil Business District is in need of a better mix of residential opportunities to create demand for a wider variety of goods and services in the downtown area, which may in turn attract a broader customer base from residential neighborhoods outside the downtown. At least one member of the Commission requested that staff come up with an acceptable residential density for the property. This is difficult to determine, because an "acceptable" building would provide the living space and amenities that would be attractive to a wider variety of residents. Staff believes that the dorm-like living environment proposed for this project will appeal only to short-term residents. Since there is already a concentration of this type of residential living in the downtown area, there does not appear to be a compelling reason to rezone this property to CB-10. With regard to the parking, the applicants have agreed to supply 25% of the required parking per the CB-5 standard while paying a fee in lieu of the remaining 75%. This is similar to what other residential projects in the area have provided. The applicants have indicated that the fee that they will pay will not benefit their project to any great extent because they believe that the demand for parking within their building will be very low. They estimate approximately one parking space demanded for every five tenants. Staff does not believe that parking demand in Iowa City is comparable to what the applicant has experienced in Madison. Our experience is that demand for parking is much higher in Iowa City. As discussed at the meeting, this may be due to a number of factors, including a difference in city parking policies, the ease and cost of parking in downtown Iowa City versus Madison, and differing university policies regarding student parking. I See the attached comparison table. Taking the average of the six densest CB-S buildings listed and doubling that density results in approximately 473 bedrooms per acre. For this 0.48 acre site this density figure translates to a total of227 bedrooms. The City Engineer's Office has raised a concern about the capacity of the existing sanitary sewer system in this area to serve the proposed density. We have requested water usage data from a similar building that the applicant has built in Madison to help us determine the service needs of the proposed building. We are awaiting this information from the applicant. A member of the Commission also requested a list of items, other than residential density and apartment mix that should be included in a conditional zoning agreem~nt for this property. While staff does not recommend approval without resolving the question of appropriate residential density and apartment mix, we provide the following list of items that should be considered: . Parking requirements being calcullated per the CB-5 standard, including payment of fees per the Near Southside Parking Facility District Impact Fee Ordinance; · Minimum height of at least 7 stories; · level II Design Review; . Prohibition on balconies on building walls that surround the exterior courtyard; . Secured bicycle parking provided for the residents at a ratio of at least 1 bicycle space for every 4 bedrooms within the building; . Streetscape elements required based on the standards expected for other similar projects in the CB-1 0 zone; · 24-hour on-site management; . Minimum requirement for usable common space within the building; . Minimum number of loading spaces in proximity to residential building entrances. Some possible locations include on-street loading spaces near the residential entrances or on the parking levels within the building near the elevators. Staff Recommendation: Staff recommends denial of REZ07-000M, an application to rezone approximately 0.48 acres of land from Central District Support (CB-5) to Central Business Zone (CB-1 0) for property located at 228 E. Court Street. ATTACHMENTS: Correspondence from applicant Residential Density Comparison table Correspondence from public Approved by: ~ Robert Miklo, Senior Planner, Department of Planning and Community Development 2 Page 1 of 1 Karen Howard From: J Randy Bruce [rbruce@knothebruce.com] Sent: Tuesday, October 09,2007 12:.53 PM To: Karen Howard Cc: gelman@ptmlaw.com; 'Jim Corcoran'; 'Mike Fisher'; 'Karl Madsen' Subject: 228 Court Street Karen, Tom Gelman indicated that you wanted to see the revised unit mix that we are studying. Please keep in mind that as plans become more detailed we may need to adjust the exact mix slightly to accommodate structural and mechanical requirements: Studio Apartments 36 Two Bedroom 24 Three Bedroom 24 Four Bedroom 64 148 J. Randy Bruce AlA Managing Member Knothe & Bruce Architects LLC 7601 University Avenue, Suite 201 Middleton, WI 53562 Phone: 608-836-3690 Fax: 608-836-6934 10/12/2007 en c: o en 'C CO c. E o () >. :!: en c: Q) o co +:i c: Q) "'C en Q) a:: 0- 0 lr) ..... t'"l ~ r; ~ 1,0 00 e 1,0 1,0 N r..: lr) (,) 1,0 t'"l r-- 1,0 0- ~ N t'"l ..... 00 III E 0 e " Q) CO 0- 0 r-- '<t 0 0- r-- C'J 0 c: e ..0 ..0 lr) r..: lr) 1,0 t'"l lr) 0 r-- (,) N t'"l ..... N ~ III :: s::: :J lr) r-- 0 ..... 00 III ..... 0 0- r-- '<t e 0 0 0 0 0 ~ III 0- '<t 1,0 0- 0 E t'"l N 1,0 ..... t'"l ..... '<t 0 e " Q) CO 0- '<t 0 1,0 N ~ t'"l N lr) r-- t'"l ..... s::: :J ..... ..... III r./) r./) ...... III l=i cU ~ l=i r./) e 0 ;> ~ .s 'g " .5 < "0 .5 0 " 0 ~ U 0 u <C en 0 ~ en ~ ..... 0 lr) ..... '<t 00 ..... N N ..... N N N N t'"l N .S -Q) ~ '" :9 Q) '" -~ ~ '" ... 'S ;:3 Q) Q) 0 ~ r./) ~ E a::l ::I:: 0 '" as ~ ~ E-< ~ l=i ~ Q) z ~ l=i E-< Q) 0 0 .~ ~ > ~ .... 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N 0 t'"l t'"l t'"l t'"l t'"l '<t t'"l t'"l t'"l '" .s ~ e ~ ~ Q) z z '€ Q) ~ :9 ~ ~ 1:: 'g ~ 'S ;:3 e ~ 0 Q) e a::l ~ U 0 E ~ r./) u ~ .~ .... ~ '"0 Q) '" '"0 as ~ = -.... ~ ~ z ~ Q) .~ ~ I U 0 l=i l=i 'g .t::l .... .s .f: .... ~ .s 0 0 .5 .5 0 u U ::I:: 0 0 CI) r./) s::: 0 N ... t'"l 0- lr) lr) 1,0 r-- r-- ~ as 0- 0- 0 0 0 0 0 I Q) 0- 0- 0 0 0 0 0 o::l > ..... ..... N N N N N U Karen Howard From: Sent: To: Subject: Patricia Ephgrave [pnephgrave@mchsi.com] Thursday, October 11, 20074:21 PM Karen Howard Big Ten development Dear Ms. Howard, Thank you for presenting some of the problems associated with granting a zoning change to Big Ten Rentals. As has been noted, the parking is totally inadequate, and furthermore, even the suggested number of cars using the narrow streets in that area will cause untold congestion and safety hazards, let alone the probably higher number the building would attract. Are there dedicated spaces for the businesses. While Iowa City may need to "grow up" it also should try to maintain a human scale for the buildings, particularly on narrow streets. To build tall buildings without set-backs on narrow streets creates a canyon effect, which when coupled with traffic problems, adversely effects citizen life. Also, please consider the negative shadow and wind effects on neighbors' properties as well as the positive need to build up. Perhaps it is time to consider height limits to satisfy more interested parties. Thank you again for serving our city so well. Sincerely yours, Pat Ephgrave 1 Jay & Nancy Honohan 1510 Somerset Ln Iowa City, Iowa 52240 (319) 338-6990 Nroamer(iiaol. com October 11, 2007 Chair Ann Freerks & Members Planning and Zoning Commission City of Iowa City, Iowa 410 E. Washington Iowa City, IA 52240 re: Application Big Ten Rentals 228 E. Court street Dear Chair Freerks & Commission Members I am writing to express my opposition to the rezoning request of Big Ten Rentals regarding the property located at 228 E. Court. I am a part owner of property at 330 E. Court street and I am also a member of the Iowa City/Johnson County Senior Center Commission. I have read the newspaper accounts of the proposal. The Press Citizen reports the proposal is for a 12 story building with about 132 apartment units with some three bedroom units, some four bedroom units, and some five bedroom units. The estimate is that this would result in at least 430 bedrooms and about 900 rooms per acre. The proposal is to rent to students and not the general population. I have the following concerns and objections. 1. Densitv. The density of one half an acre lS too great. I doubt that only 430 students would live in the building. Experience in this area with other student rental units indicates more students live in the units than there are bedrooms. This is a device students use to cut down their individual costs. Even 430 students in this location is too great a number. 2. Parkinq. Current parking requirements are In my opinion not enough for student rentals in this area, yet the applicants want less spaces than required. Parking in the area between Burlington and Prentiss is currently inadequate for long term parking. The proposal would make a bad situation worse. I also suspect that Big Ten Rentals expect to charge an additional fee for the parking spaces they construct. This always moves many students to park elsewhere. page 2 Commission letter 3. Proximity to Seniors. The site is located in an area with senior housing. I remind the commission that the behavior of many students in the downtown area is less than is desired. In fact, concerns by the community about student behavior have put on the November ballot an initiative about under age students and bars. Placing what I believe will be approximately 500 students in an area where seniors reside is not, in my opinion, a good idea. 4. Heiqht. I believe that 12 stories is too high a building to be placed in this area. In most of the area to the east of this site, student housing is three stories. A much more reasonable height. A rental building size that I could support. 5. Central Business Support. I have always understood that the area between Burlington and Court was to be an area to support the central business district. I do not see how a twelve story student rental complex offers any support for the central business district unless you are considering patrons for the downtown bars. I remind the Commission that from my observation, the business use requirement for the first floor has had a mixed success result. I am certain that there are other reasons that will be voiced objecting to this proposal. I respectfully request that the Commission recommend to the City Council the denial of this application. That any approval by the Commission requires the applicant to present a proposal that complies with all existing code requirements particularly the parking and is at a height more consistant with the other student rental structures in the area. STAFF REPORT To: Planning & Zoning Commission Prepared by: Sunil Terdalkar, Associate Planner Item: SUB07 -00009 Cardinal Pointe South Date: October 18, 2007 - Part One and Part Two GENERAL INFORMATION: Applicant: The Crossing Development, LC 755 Mormon Trek Boulevard Iowa City, IA 52246 (319) 337-4197 Contact Person: Glenn Siders 755 Mormon Trek Boulevard Iowa City, IA 52246 Phone: (319) 337-4197 Requested Action: Subdivision Final Plat Purpose: Development of a 39-lot residential subdivision Location: East of Camp Cardinal Boulevard and south of Kennedy Parkway Size: 45.04 acres Existing Land Use and Zoning: OPD-8, ID-C01, and ID-RS Surrounding Land Use and Zoning: North: Undeveloped - Residential (R1 B, Coralville) South: Undeveloped (ID-ORP) East: Residential (OPD-5 and ID-ORP) West: Undeveloped (ID-ORP) Comprehensive Plan: Low-density residential, Office and Research Park (Clear Creek Master Plan) Neighborhood Open Space District: Clear Creek (NW1) File Date: September 27,2007 45 Day Limitation Period: November 12, 2007 (subject to submittal of legal papers) 60 Day Limitation Period: November 27,2007 (subject to submittal of legal papers) BACKGROUND INFORMATION: The applicant, The Crossing Development, LC, recently received approval for the planned development overlay rezoning and a Preliminary Sensitive Areas Development Plan for this 45.04- 2 acre property, located east of Camp Cardinal Boulevard and south of Kennedy Parkway. As part of the planned development, the applicant proposed a mix of small lot detached as well as attached single family dwellings and town house style multi family dwellings. The subdivision also included a 1.69-acre lot for potential future office-commercial type development, two outlots reserved as open spaces and one outlot set aside for future development. The applicant is now seeking approval of the final plat for this subdivision in two parts. Part one will contain the 18 single-family lots, two multi-family town-house style lots, the potential future commercial lot, and three outlots on approximately 31.37 acres of land. Part two of the subdivision will contain one large lot for a cluster of seven town-house style multi-family buildings, 17 zero-Iot- line lots with attached single-family dwellings and Outlot D, which is designated for use as private open space. ANAL YSIS: Compliance with Preliminary Plat: Except for a few minor changes in the lot dimensions and adjustment in the lot boundaries Cardinal Pointe South - Part One of the subdivision remains similar to the previously approved preliminary plat and complies with the code requirements. The changes to lot dimensions are being proposed for consistency in lot layouts. Changes are also being proposed to the lot configurations of most of the zero-lot-line lots in Cardinal Pointe South - Part Two. At the time when the Planned Development was approved, the subdivision included 17 zero-lot line single-family dwellings in the southern section and the applicant had proposed to build 16 attached zero-lot line single-family houses and a detached zero-lot line single-family house on these lots. Instead of the previously proposed configuration of a attached two-unit single-family building on lot 22 and 23, and a detached single-family building on lot 24, the applicant is now proposing to build a three-unit building on these reconfigured lots. The applicant is also proposing to reduce the width of most of the zero-lot-line lots by 3 to 5 feet and as such lots 25 through 38 have been moved to the west. The applicant indicates that a three-unit building would be a better fit for the three lots (# 22, 23 and 24) and, except for lot 23, all the lots meet the code standards for minimum setbacks. The applicant has provided a building layout plan for lots 22-24, showing a building with a footprint of approximately 60 feet x 120 feet. The front elevation submitted shows adequate variation in the building plain. The garages for two of the end units face to the side and only the garage for the central unit faces the street. This configuration achieves the intent and goal of the code standards in creating a streetscape that is not dominated by garages. Staff concurs that the proposed reconfiguration of lots 22, 23 and 24 is consistent with the approved planned development and believes that the changes can be considered as part of the administrative review of the Final Planned Development Plan. Staff also finds that despite the changes proposed, the overall design of the subdivision is consistent with the previously approved preliminary planned development plan. Most of the environmentally sensitive areas on the property, including the regulated slopes, woodlands, wetlands, drainageways and their associated buffers are located within the outlots. Construction limit lines have been shown on the final plat to demarcate the extent of development activity on all the lots and outlots where sensitive areas exist. The applicant is dedicating Outlot B-approximately 5.26 acres-to fulfill the neighborhood open space dedication requirement. Outlots A and D are set aside as private open spaces to be maintained by a homeowner association. Outlot C has been reserved for future residential development." In addition to these outlots, lot 39 contains shared private open space. Per section 3 14-3A-4-J of the code, the legal papers should address the issues related to the maintenance of the private open spaces-Outlot A and D, and common open space on lot 39-though a legally binding instrument setting forth the procedures to be followed for maintaining the private open space and for financing maintenance costs. The construction drawings have been submitted and are being reviewed by the City Engineer. The legal papers have not been submitted. Traffic implications: The proposed planned development is accessible from the newly constructed Camp Cardinal Boulevard which connects to Melrose Avenue on the south. The development would also be accessed on the north through the proposed extension of Kennedy Parkway from the east. Two new streets-Ryan Court and Preston Lane-have been proposed as part of the subdivision. To ensure orderly development and to provide adequate connectivity to the adjoining existing development, a conditional zoning agreement was required at the time the rezoning of this property. The conditions are: 1. the section of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right-of-way will be dedicated and a letter of credit for the cost of installing the water main in this section of the street will be provided at the time of final plat approval 2. installation of sub-grade for this section of Kennedy Parkway will be constructed by the applicant and/or owner prior to January 1, 2009 3. this section of Kennedy Parkway will be constructed prior to January 1, 2010, when the school site (located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Point South, whichever occurs first 4. if the sub-grade is not constructed prior to January 1, 2009 or if the road is not built prior to January 2010, issuance of building permits will cease for Cardinal Point South subdivision These terms should be addressed in the legal papers for the final plat. Storm water management: The subdivisions will be served by the regional stormwater management basin constructed on the west side of Camp Cardinal Boulevard. Infrastructure fees: The proposed planned development is subject to the water main extension fee of $395 per acre (a total of $17,790.80 for 45.04 acres) and sanitary sewer tap on fee of $570.98 per acre (a total of $25,716.94 for 45.04 acres). Payment of these fees should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends that this SUB07-00009, final plat of Cardinal Pointe South Part One and Part Two, a 45.04-acre, 39-lot residential subdivision located east of Camp Cardinal Boulevard and south of Kennedy Parkway be approved subject to construction drawings and legal papers being approved prior to Council consideration. DEFICIENCIES AND DISCREPANCIES: Legal Papers 4 ATTACHMENTS: 1 . Location Map 2. Final Plats 3. Exhibit showing details of the lot layouts in Cardinal Pointe South - Part Two 4. 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