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2013-12-03 Ordinance
NOV - 6 2013 3 . ` () a rv, -5-(::) Prepared by: Bailee McClellan, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00023) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 15.78 ACRES FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P -1) AND 29.07 ACRES FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT - SINGLE FAMILY RESIDENTIAL (ID -RS) LOCATED ON SYCAMORE STREET SOUTH OF THE CURRENT CITY LIMITS. (REZ13- 00023) WHEREAS, the applicant, the Iowa City Community School District, with the co sent of the owner, has requested a rezoning of property located on Sycamore Street south of the curre t city limits from County Residential (R) to `,eighborhood Public (P -1) and Interim Development - Single amity Residential (ID -RS); and WHEREAS, the mprehensive Plan indicates that the southern po on of the subject property is appropriate for Neighbor ood Public zoning; and WHEREAS, the Com rehensive Plan- South District Plan it subject property is an appro iate location for a school; and WHEREAS, Interim Deve ment zoning is appropriate for the a time as a development plan is bmitted in compliance with the C WHEREAS, the Planning a Zoning Commission has r that the southern portion of the 6m portion of the property until such prehensive Plan; and ied the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAIN BY THE CITY COU IL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Prope described below ' hereby reclassified from its current zoning designation of County Residential (R) to ighborhood P lic (P -1) and Interim Development - Single Family Residential (ID -RS) as follows: Description : The approximately 29.07 acre scribed below is hereby reclassified and rezoned from County Residential (R) to Interim Deve pm t- Single Family Residential (ID -RS): A PORTION OF THE NORTHEAST ARTIER THE NORTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NO THWEST QU1 RTER ALL OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST, O THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AITHESOUTHEAST NORTH ARTER CORNER OF SEdTION 26, TOWNSHIP 79 NORTH, RANGE 6 WE THE FI H PRINCIPAL MERIDIAN; THENCE S01'02'07 "E, ALONG THE EAST LINE OF ORTH EST QUARETR OF SAID SECT16N 26, A DISTANCE OF 1753.98 FEET; THENC'00'10" , 989.09 FEET; THENCE N00'59' p "W, 60.00 FEET; THENCE N89'00'10 "E, 2EET; HENCE N01'02'07W, 1686.17 FEET, TO' A POINT ON THE NORTH LINE OF SAID NORTH ST QUARTER; THENCE N88'22'36 "E, ALQNG SAID NORTH LINE, 714.21 FEET, HE POINT OF BEGINNING. SAID ZONING PARCEL CONTAINS 29.07 ACRES (1,266 ARE FEET), AND IS SUBJECT TO EASEMENTS,AND RESTRICTIONS OF RECORD. Description: Toximately 15.78 acres described below is hereby reclassified and rezoned from County Rial (R) to Neighborhood Public (P -1): A PORTION E SOUTHEAST WUATER OF THE NORTHWEST QUARTER ALL OF SECTION 2 6, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIRTH PRINCIPLE MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE N01'02'07 "W, ALONG THE EAST LINE OF SAID Ordinance No. Page 2 \, SOUTHEASI�',-QUARTER OF THE NORTHEST QUARTER, 250.01 FEET, TO THE POINT OF BEGINNING; THENCE S88'24'05 "W, 1056.21 FEET; THENCE N33'56'01 W, 287.10 FEET; THENCE 1\171'52'45 "E, 233.05 FEET; THENCE N00'59'50 "W, 347.99 FEET; THENCE N89'00'10 "E, 989.09 FEET, TO A POINT ON SAID EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST,.QUARTER; THENCE S01'02'07 "E, ALONG SAID EAST LINE, 646.48 FEET, TO THE POINT 0r,,BEGINNNING. SAID REZONING PARCEL CONTAINS 15.78 ACRES (687,186 SQUARE FEET), `SAND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereb authorized and directed to change the zoning map of the City of Iowa City, lowa, "to conform to this arTXndment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECOR City Clerk is hereby authorized and directed to cerl office of the County Recorder of Johnson County, I SECTION IV. REPEALER. All ordinances an Ordinance are hereby repealed. / SECTION V. SEVERABILITY. If any se invalid or unconstitutional, such adjudicatio section, provision or part thereof not adjud e SECTION VI. EFFECTIVE DATE. is publication, as provided by law. MAYOR ATTEST: CITY ERK Approved tY Atto Y Ci '�s'Ohice V n passage and approval of the Ordinance, the f this ordinance and to record the same, at the owner's expense, all as provided by law. parts of ordinances in conflict with the provisions of this cti provision br pa hall not affect tha d invalid or unconstift Ordinance shall be in rt of the Ordinance shall be adjudged to be validity of the Ordinance as a whole or any ional. after its final passage, approval and NOV -6 ?013 3 coP..r 12-a3-13� 5b Prepared by: Bailee McClellan, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00023) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 15.78 ACRES FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P -1) AND 29.07 ACRES FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT - SINGLE FAMILY RESIDENTIAL (ID -RS) LOCATED ON SYCAMORE STREET SOUTH OF THE CURRENT CITY LIMITS. (REZ13- 00023) WHEREAS, the applicant, the Iowa City Community School District, with the consent of the owner, has requested a rezoning of property located on Sycamore Street south of the current city limits from County Residential (R) to Neighborhood Public (P -1) and Interim Development - Single Family Residential (ID -RS); and WHEREAS, the Comprehensive Plan indicates that the southern portion of the subject property is appropriate for Neighborhood Public zoning; and WHEREAS, the Comprehensive Plan- South District Plan indicates that the southern portion of the subject property is an appropriate location for a school; and WHEREAS, Interim Development zoning is appropriate for the northern portion of the property until such a time as a development plan is submitted in compliance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of County Residential (R) to Neighborhood Public (P -1) and Interim Development - Single Family Residential (ID -RS) as follows: LEGAL DESCRIPTION Description : The approximately 29.07 acres described below is hereby reclassified and rezoned from County Residential (R) to Interim Development - Single Family Residential (ID- RS): A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Corner of Section 26, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence 301002'07"E, along the East Line of the Northwest Quarter of said Section 26, a distance of 1753.98 feet; Thence S89 000'10 "W, 989.09 feet; Thence N00 059'50 "W, 60.00 feet; Thence N89 °00'1 0 "E, 274.88 feet; Thence N01 002'07"W, 1686.17 feet, to a Point on the North Line of said Northwest Quarter; Thence N88 °22'36 "E, along said North Line, 714.21 feet, to the Point of Beginning. Said Zoning Parcel contains 29.07 Acres (1,266,348 square feet), and is subject to easements and restrictions of Record. Description: The approximately 15.78 acres described below is hereby reclassified and rezoned from County Residential (R) to Neighborhood Public (P -1): A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Commencing at the Southeast Corner of the Southeast Quarter of the Northwest Quarter of Section 26, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N01 °02'07 "W, along the East Line of said Southeast Quarter of the Northwest Quarter, 250.01 feet, to the Point of Ordinance No. Page 2 Beginning; Thence S88 °24'05 "W, 1056.21 feet; Thence N33 °56'01 "W, 287.10 feet; Thence N71 °52'45 "E, 233.05 feet; Thence N00 °59'50 "W, 347.99 feet; Thence N89 °00'10 "E, 989.09 feet, to a Point on said East Line of the Southeast Quarter of the Northwest Quarter; Thence S01 °02'07 "E, along said East Line, 646.48 feet, to the Point of Beginning. Said Rezoning Parcel contains 687,186 Square Feet (15.78 Acres), and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK IWAI Z► , Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 12/03/13 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 5d Prepared by: Bailee McClellan, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00025) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 15.14 ACRES FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P -1) LOCATED ON AMERICAN LEGION ROAD AND BARRINGTON ROAD. (REZ13- 00025) WHEREAS, the applicant, the Iowa City Community School District, with the consent of the owner, has requested a rezoning of property located on American Legion Road and Barrington Road from County Residential (R) to Neighborhood Public (P -1); and WHEREAS, the Comprehensive Plan- Southeast District Plan indicates that the subject property is appropriate for public open space; and WHEREAS, the Comprehensive Plan- Southeast District Plan indicates that locating a school site near neighborhood destinations like public open spaces is advisable; and WHEREAS, Neighborhood Public zoning complies with the intent of the Southeast District Plan; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of County Residential (R) to Neighborhood Public (P -1): LEGAL DESCRIPTION A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Commencing at the Southeast Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N89 °49'55 "W, along the South Line of the East One -Half of the Southeast Quarter of said Section 18, a distance of 1317.87 feet, to the Southwest Corner of said East One -Half; Thence N00 °31'57 "E, along the West Line of said East One -Half, 700.14 feet, to the Point of Beginning; Thence continuing N00 °31'57 "E, along said West Line, 556.81 feet, to a Point on the South Line of Lot 1 of Lacina Farmstead, in accordance with the Plat thereof Recorded in Plat Book 33 at Page 146 of the Records of the Johnson County Recorder's Office; Thence S89 °25'05 "E, along said South Line 0.76 feet, to the Southeast Corner of said Lot 1; Thence N00 °33'48 "E, along said the East Line of said Lot 1, a distance of 590.74 feet, to the Northeast Corner thereof, and a Point on the Centerline of American Legion Road SE; Thence S66 °43'53 "E, along said Centerline, 602.89 feet; Thence S23 °16'07 "W, 61.50 feet; Thence Southeasterly, 164.31 feet along a 170.00 foot radius curve, concave Northeasterly, whose 157.99 foot chord bears SO4 °25'14 "E; Thence S32 °06'35 "E, 254.99 feet; Thence Southeasterly 131.15 feet along a 230.00 foot radius curve, concave Southwesterly, whose 129.38 foot chord bears S15 °46'27 "E; Thence S00 °33'41 "W, 361.88 feet; Thence N89 °26'19 "W, 720.68 feet, to the Point of Beginning. Said Parcel of Land contains 15.14 Acres (659,342 square feet), and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Ordinance No. Page 2 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Ap ove ity Attorn y's b4ite Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 12/03/13 Vote for passage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published To: Planning and Zoning Commission Item: ANN 13-00003 and REZ13 -00025 School District —American Legion Road GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Robert Miklo and Bailee McClellan, Planning Intern Date: October 17, 2013 Iowa City Community School District 1725 North Dodge Street Iowa City, Iowa 52246 Craig Hansel, CFO Iowa City Community School District 1725 North Dodge Street Iowa City, Iowa 52246 hansel.craig@iccsd.kl2.ia.us 319- 688 -1000 Annexation and rezoning To annex 15.14 acres of land and rezone the property from County Residential (R) to Neighborhood Public (P -1) South of American Legion Road and Barrington Road Approximately 15.14 acres County Residential (R) North: Park and Residential - (P -1) and (RS -5) South: Agricultural - County Residential (R) East: Agricultural - County Residential (R) West: Agricultural - County Residential (R) Southeast District Public open space and residential October 4, 2013 The Iowa City Community School District, with the consent of the property owners, Steve and Julie Lacina, has requested the annexation of approximately 15.14 acres south of American Legion Road and Barrington Road. An elementary school is proposed for the property that will meet the needs of the growing population of the east side of Iowa City. Barrington Road will be extended south form American Legion Road along the eastern boundary to provide vehicular access to the property. The initial application did not include the annexation of the proposed right -of -way for Barrington Road. The applicant has agreed to add Barrington Road to the application to assure that it is built as a City street and receives City maintenance. The property is currently zoned County Residential and is used for row crops. There are no buildings on the property. ANALYSIS: Annexation The Comprehensive Plan has established a growth policy to guide the decisions regarding annexations. The annexation policy states that annexations are to occur primarily through voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be reviewed under the following three criteria. The Comprehensive Plan states that voluntary annexation requests should be viewed positively when the following conditions exist. 1. The area under consideration falls within the adopted long -range planning boundary. A general growth area limit is illustrated in the Comprehensive Plan and on the City's Zoning Map. The subject property is located adjacent to the city's corporate limit and within the city's long -range planning boundary. The boundary is located approximately % mile east of the Taft Avenue and approximately 3/8 of mile east of the subject property. 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. Development continues to occur in the Southeast District and the current schools are not able to meet the needs of a growing population. The Comprehensive Plan, Southeast District Plan, recognizes the proposed greenway along Snyder Creek is an appropriate location for an elementary school which will help alleviate overcrowding and improve the quality of neighborhood development in the Southeast District. American Legion Road will need to be improved to City standards to accommodate traffic that will be generated from a school and adjacent residential development. The improvement of American Legion Road has been identified as a needed project in the City's Capital Improvement Program (CIP). Currently sanitary sewer service can be provided via a lift station located near American Legion Road and Barrington Road. In the long run sanitary sewer service will be provided by a trunk line that will be built along Snyder Creek. Water lines area available on American Legion Road to be extended to the school site. Based on residential growth and school capacity, the availability of utilities to serve this property and the already planned improvement of American Legion Road, staff finds that the proposed annexation will fulfill an identified community need without imposing undue burden on the City. 3. Control of the development is in the City's best interest. The property is within the Long -Range Planning boundary and abuts the City's corporate limits. It is appropriate that institutions the size of the proposed school be located within the city so that they may be served by municipal Fire, Police, water and sanitary sewer service. Annexation will allow the City to provide these services and assure that infrastructure meets City standards. For the reasons stated above, staff finds that the proposed annexation complies with the annexation policy. 3 Rezoning Compliance with the Comprehensive Plan: Pages 17 — 25 of the Southeast District Plan, discuss the Eastside Growth area in which this property is located. Essentially the plan calls for residential development south of American Legion Road, with a wide greenway along Snyder Creek to provide a park and recreational area as well as a buffer for industrial and employment centers along the Iowa Interstate Railroad located to the south. On page 18 the plan states, "A sustainable neighborhood is made up of more than just homes. Workshop participants agreed that it is important to identify appropriate locations for institutions that serve the neighborhood, such as schools, churches, and daycare centers, and that these locations should be easily accessible by car, on foot or on bicycle. The City should work closely with the school district to monitor enrollment and capacity at area elementary schools and plan for and identify appropriate locations for new elementary schools that will be centrally located within neighborhoods rather than in isolated locations that would discourage walking and biking. In addition, locating schools near neighborhood destinations such as parks, trails, or other institutions, creates opportunities for sharing resources and facilities and may create unique and innovative learning environments for students and for the community at large. While a specific site for a future elementary school has not been identified, several locations that may be suitable are noted on the plan map. Note the proximity of these sites to the central collector street and the park. Any of these locations would also be suitable for other neighborhood institutions, such as churches and daycare centers." Although this property was not specifically designated as a school site within the plan, Staff believes that is appropriate given the criteria for the location of a school established in the Southeast District Plan and the proposed zoning of Neighborhood Public (P -1) complies with the intent of the plan. Street Infrastructure: To provide access to the proposed school, American Legion Road, an arterial street through the Southeast District, will need to be improved. The street is currently in better condition than Sycamore Street, which is the arterial street to another proposed school site in the South District, but conditions on American Legion Road still require upgrading; staff recommends upgrading American Legion Road to meet city standards. As noted, improvements to American Legion Road will be funded by the CIP. Driveway access to the school will not be directly onto American Legion Road, but via Barrington Road which will be built along the east boundary of the school property. Once built, Barrington Road will also be available for residential development when the property to the east is annexed into the city. Sensitive Areas: The Sensitive Areas map indications the presence of hydric soils on the western portion of this property. Hydric soils may indicate the potential for wetlands and /or a high water table. Prior to development the applicant will need to verify that there are no jurisdiction wetlands regulated by the Army Corp of Engineers and the City's Sensitive Areas requirements. The applicant will also want to consider the soil conditions and water table when planning for construction on the property. There do not appear to be any other sensitive features present on the property. STAFF RECOMMENDATION: Staff recommends approval of ANN13 -00003 and REZ13- 00025, annexation of approximately 15.14 -acres and a rezoning from County Residential (R) zone to Neighborhood Public (P -1) zone 4 located south of American Legion Road and Barrington Road, subject to the inclusion of the Barrington Road right -of -way in the annexation request. ATTACHMENTS: 1. Location Map 2. Annexation Exhibit Approved by: -7--A John Yapp Department of Planning and Community Development Ln UZ O O ................. .. . ........... . ....... ...... . ....... . .. . .......... ................. . . ................ . . ..................... LU ..... . ... . ce . . . . .. . ......... ..... .... ............ . . .. ..... . . . ........... ................ O . . ..... ........ . .... ..... ..... . O .......... ........... cn 1 NI AVIAWA u . . . .. ................... ..... ... ... .................. NNc . ............ . ..... SUCKW%" . .... ...... 3 .. ... ...... .. . ..... . ........ ....... . ... . . . ....... - - ----- -------- - ------ 9 . . ............. . . . . ........... LU U) ............. . . .. . ANNEXATION EXHIBIT A PORTION OF THE NE1 /4SE1/4 AND A PORTION OF THE SE1 /4 -SE1 /4 OF SECTION 18 -T79N -R5W OF THE FIFTH PRINCIPAL MERIDIAN JOHNSON COUNTY, IOWA o%— NBB'07'11'W 1319.37, CENTER I OF SECTION 1B -T79N -R5W OF THE FIFTH P.N. FOUND 5 \8' PIN LS CAP 8165 BOOK W AT PAGE 11 �. if UU T Tf Jj i R l OP Tt N31397'111'W _ _ 1319.37 EAST QUARTER CORNER F SECTION /8 -T79N -R5W OF THE FIFTH P.M. 5 \6' PIN NO CAP 8001( 40 AT PAGE 289 r ITE7 7 DuR fGE rur T 1111 d �e/ _6r Aec ON Mi ry eP�� MHE MEADOW SB9R5'o5'E 598.38'(M) D`�c���C� �'4 SDI POINT OF BEG SOUTH QUARTER CORNEN O SECTION 18 -T79N -R5W OF THE FIFTH P.N. FOUND SON BOOK 33 AT PAGE 148 — Y LOCATION MAP NOT TO SCALE PROPOSED SOUTHEAST CORNER Or SECTION 18 -T79N -R5W OF THE FFT14 P.M. FOUND 5 \6' PIN ILLEGIBLE RED CAP BOO( 56 AT PAGE 145 1717.87, N89'49'SYW LEGEND AND NOTES e - PRDPERIY C 'R(S), FOUND (a M-) D - PROPERTY CORNERS SET (5 /e' 7,m Pin ./ 1N1w. gwt4 LS Cw em4ouM �i1A 'W15" ) PROPERTY e/w a [—Y UNES - CENTER UNES LOl UNES, INE& ICI OR & DEED — — — — — - - EASEMENT SENE eTDTH A PURPOSE NOTED ---------- - - - - -- EXNTNG EASE1ENl UNES. PURPOSE NOTED - RECORDED gMEN- - MEASURED WNTNUM5 C33 -1 - LURYE SEGMENT NUMBER MEW NOTED —.-E. N DWEN— NE N .1 — NUNNEDaa PROPOSED ANNEXATION PARCEL DESCRIPTION A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER ALL OF SECTION 16. TOWNSHIP 79 NORTH. RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS Commencing at the Swtheeet Comer of Section 18, Township 79 North, Range 5 West. of the Fifth Principe) Meridian; Th— N89'4W55nW, along the Swth Line of the East One -HoH of the Southeast Quarter of said Section 18, a distance of 1317.87 Ml, to the Southwest Corner of sold East One -Halt, Thence NOO'31'57'E, along the West Line of old East One -Half, 700.14 feet, to the Paint of Beginning; Thence continuing NOO'31'57'E. Wong said West Line, 556.81 fed, to a Point an the South Line of Lot 1 of Lo<ina Forinslead. In accordance with the Plat thereof Recorded in Plot Book 33 at Page 146 of the Record. of the Johnson County Recorders Of9<e; Thence S89'25'05'E, along sold South Line 0.78 1-1. to the Smtheed Caner of coif Lo 1; Thence NDO'3S48'E, along sold the East Line of sod. Lot 1, a d1vtonee d 590.74 feet, to the Northeast Caner thereof. and a Point an the CenteNins of American Legion Road SE; Thence S65'05YE, along sold Centedkle, 602.89 feet Thence S2316'07'W. 81.50 feet: Thence Southeasterly, 164.31 lest along a 170.00 foot radius curve. concave Northeasterly, whom 157.99 fact chord bean SO4R5'14'E: Thence S32T)e'35'E. 254.99 feet; Thence Swtheastedy 131.15 fed thong a 230.00 foot raMUS curve, concave Southweatedy, whose 129.38 foot chord boors S15'48'27'E; Thence S00'33'41'W. 361.88 feet Thence N89'26'19'W, 720.63 fist, to the Point of Beginning. Said Porch d Land contains 15.14 Acres (659.342 eWors feet), and is subject to easements and restrictions of never. n" �y g 0 TO0FAD i :;2TTv m 1'1 D P g aog ti m Q Cn z �n O =p ° °y� X ono O Or, w� g D. CIF 0 w—mC, � Z A IQ G � C 1 c0i En c Zm =DO r m ac V Z DZIT x rn D r �RIti ��''II m µ/ x D p � .�� p ] V1 524 m t°iDi r- � 'O y? (A �- m0 C X00— C' 0 T U1 l7, D S. Z D g —I D In A Z T J 1 �_ rp9 g S �Cp On y CD gng f<n m o 11 Z N O i/: AOr00 O "g_ •3 p N QpN� F <U Z m A o Q) G3 Z D 2 O m 2 t.7 Z rn MIT! O N O y N N N N C: \3304 \3304- 002- \3304002A.dwg 10/11/2013 9:18:08 AM CDT Planning and Zoning Commission October 17, 2013 - Formal Page 5 of 8 and the District's policies, and it's up to both entities to meet those policies. Eastham said that planning for new elementary schools is something that is done infrequently, but it has immense impact on what happens in the community. He said you would think that this would be done over two or three meetings of the Commission Miklo said staff of the school district did meet with City staff several times looking at different sites and considering their concerns as well as the City's. He said he thinks this plan does provide adequate infrastructure and fits into the long -range plans of the City. A vote was taken and the motion carried 5 -0. ANN 13- 00003 /REZ 13 -00025 Discussion of an application submitted by Iowa City Community School District for an annexation and rezoning from County Agriculture (A) zone to Neighborhood Public (P -1) zone for approximately 15.14 -acres of property located on Barrington Road and American Legion Road. Miklo showed maps of the area. An aerial view of the property shows it as being used for agricultural purposes and surrounded by similar land. Miklo said this would only include school district property and would be zoned P for Public, which would allow an elementary school site. He said the Southeast District Plan shows a greenway along the Snyder Creek stream corridor and notes that public institutions such as schools would be appropriate along this greenway. Miklo showed pictures of the subject property and the area. He said this is within the City's long - range growth area. He said it would fulfill a community need, as there has been a lot of growth in that area. He said controlled development is in the City's best interest, and staff feels that a large institution should be served by public utilities and services. He said American Legion Road is already in the Capital Improvements Plan. He said there are also hydric soils on this site. He said the actual access would be Barrington Road, which would be built along the east side of the property. Freerks asked how far to the east American Legion Road would need to be improved for this to happen. Miklo said possibly up to Taft Avenue. Freerks said as traffic will increase, they need to make sure there's a plan for crossing American Legion Road with pedestrian and bike traffic and she would like to see the City work with the school district to make sure that happens. Miklo said that the school district has raised the possibility of some sort of pedestrian underpass on the street and access to the trail in Windsor Ridge. Eastham said he thinks it is imperative that there is sidewalk access along the south side of American Legion Road and on Scott Boulevard so the students from Modern Manor and Sunset manufactured housing areas along Scott Boulevard can walk and bike to this school. Miklo said that is a short term concern. He said there is a long -range plan for a collector street in the housing park. Eastham said he also shares Freerk's concerns that American Legion Road is going to be busy and there are going to be several crossing points on that road for students walking or biking to the school from the north. Thomas asked if there was any discussion about a signalized intersection anywhere along American Legion Road. Miklo said there wasn't. Planning and Zoning Commission October 17, 2013 - Formal Page 6 of 8 Freerks said she thinks what they are saying here is that whatever occurs they try to plan for all of the areas that need to travel to the school by bike, vehicle, or on foot, and make sure that it's done the best it can be done because they have the opportunity to do it properly here. Eastham said it would be helpful to him if the school district could give even a vague idea of what the two attendance areas for these schools are likely to be. Freerks opened public discussion. Brian O'Hara, who owns the property west of the proposed annexation, said when Windsor Ridge was rezoned he contested it because of the Fringe Area Agreement. He said one of the contingencies was that they didn't want to use the sewage lift pump or annex any prime farm ground. He wanted to know if a sewage lift pump installed twenty years ago will be adequate for 500 more people. He said the storm water from the proposed annexation site goes to the southeast and not to Snyder Creek so he's concerned about that. He said easements should be in place for storm water retention and the sewer line should be installed before they make these judgments. He said as they have annexed into Iowa City there have been no sidewalks from Scott Boulevard on either side of American Legion Road. Miklo said the City Engineer determined that the capacity of the sewage lift station is adequate to serve what's anticipated for the school. He said the long -term plan is that will be a trunk line along Snyder Creek when there is interest in development of the area. He said the sidewalk issue is one they will look into incorporating into American Legion Road as it's built in the Capital Improvements Plan. Miklo said that as long as O'Hara owns the property, he controls how it is used. He said the storm water management will have to be addressed by the school district when specific plans for the school are developed. He explained that the details of the storm water management would probably come with the site plan, which the City Engineers would review. Freerks closed public discussion. Theobald moved to recommend approval of ANN13- 00003 /REZ13- 00025, an annexation of approximately 15.14 acres and a rezoning from County Residential (R) zone to Neighborhood Public (P -1) zone located south of American Legion Road and Barrington Road. Eastham seconded. Eastham said he had already voiced his main concerns about the sidewalk and trail access from homes located along the east side of Scott Boulevard. He said he thinks this is a rational location for another elementary school. He reiterated that he feels it would help a lot in the Commission's planning decisions if they had a better idea of what the attendance areas are likely to be here. Freerks said that attendance areas will change, so more than just ensuring that the kids who are slated for this area now can get there, it's that the community can utilize the area and all pedestrians, bicycles and vehicular traffic can flow and travel to this spot. Eastham said Freerks makes some good points. Thomas said the comments he made on the previous item would apply here also. He said the issues of walkability and bikeability are in all the City policies, and they must follow through on them. A vote was taken and the motion carried 5 -0. Prepared by: Bailee McClellan, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00025) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 15.14 ACRES FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P -1) LOCATED ON AMERICAN LEGION ROAD AND BARRINGTON ROAD. (REZ13- 00025) WHEREAS, the applicant the Iowa City Community School District, with the consent of the owner, has requested a rezoning property located on American Legion /aida Barrington Road from County Residential (R) to Neighb hood Public (P -1); and WHEREAS, the Co m ehensive Plan- Southeast District Pt that the subject property is appropriate for public opens ceI and WHEREAS, the Compr\be lan- Southeast District Plathat locating a school site near neighborhood destinations likpen spaces is advisable; an WHEREAS, Neighborhozoning complies with the int Southeast District Plan; and WHEREAS, the Plannioning Commission has rehe proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT BY THE CITY COUNCIL CITY OF IOWA CITY, IOWA: SECTION I APPROVAty escribed below is hessified from its current zoning designation of County Reside Nei borhood Public (P -1 rk A PORTION OF THE NORTHEAST QUARTER OF TH S( SOUTHEAST QUART ER OF THE SOUTHEAST QUARTEt 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRI Commencing at the Southeast Corner of Section 18, ST QUARTER, AND A PORTION 8P HE 6 2013 SECTION 18, TOWNSHIP 79 NORTH, RANGE' FOLLOWS: w4hip 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N89 °49'55 "W, along the outh L`rie of the East One -Half of the Southeast Quarter of said Section 18, a distance of 1317.87 f t, to the gQuthwest Corner of said East One -Half; Thence N00 °31'57 "E, along the West Line of said ast One- Half,`�00.14 feet, to the Point of Beginning; Thence continuing N00 °31'57 "E, along said Wes Line, 556.81 feet to a Point on the South Line of Lot 1 of Lacina Farmstead, in accordance with the PI t thereof Recorded i1R Plat Book 33 at Page 146 of the Records of the Johnson County Recorder's Office; Thence S89 °25'05 "E;;along said South Line 0.76 feet, to the Southeast Corner of said Lot 1; /hence N00 °33'48 "E, along said the East Line of said Lot 1, a .t distance of 590.74 feet, to the Northener thereof, and a Point on the Centerline of American Legion Road SE; Thence S66 °43'53 "E, id Centerline, 602.89 feet; Thdtnce S23 °16'07 "W, 61.50 feet; Thence Southeasterly, 164.31 fe a 170.00 foot radius curve, conclave Northeasterly, whose 157.99 foot chord bears SO4 °25'14 "E; S32 °06'35 "E, 254.99 feet; Thence Southeasterly 131.15 feet along a 230.00 foot radius curve /concave Southwesterly, whose 129.38 foot chord bears S15 °46'27 "E; Thence S00 °33'41 "W,,$61.88 feet; Thence N89 °26'19 "W, 720.68 feet, to the Point of Beginning. Said Parcel of Land conyGins 15.14 Acres (659,342 square feet), and is subject to easements and restrictions of record. SECTION ll. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Ordinance No. Page 2 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION Vt:- -_EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provido by law. MAYOR ATTEST: CITY CLERK Ap ,rove s ity Attorn y's Offer NOV -6 2013 3• o ? . up Prepared by: Bailee McClellan, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00021) ORDINANCE NO. REZONING ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY / HIGH DENISTY SINGLE - FAMILY (OPD /RS -12) PLAN TO ALLOW 13 APARTMENT BUILDINGS WITH 142 MULTI- FAMILY DWELLINGS AND 6 DUPLEXES WITH 12 DWELLING UNITS ON APPROXIMATELY 19.67 ACRES OF LAND LOCATED SOUTH OF PADDOCK CIRCLE. (REZ13- 00021) WHEREAS, the applicant, Steve Gordon, has requested a rezoning to amend a Planned Development (OPD -RS12) Plan allowing 73 manufactured housing units on a property located south of Paddock Circle; and WHEREAS, the amended Planned Development Plan would allow 6 duplex units and 13 multi - family buildings for a total of 154 dwelling units; and WHEREAS, the Comprehensive Plan -South District Plan indicates that the subject property is appropriate for single - family and duplex residential uses; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended that the application be denied due to lack of adequate public street access and services; and WHEREAS, the City Council has reviewed the applicant's request and the Planning and Zoning Commission's recommendation and has determined that the requested zoning amendment is appropriate; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The Planned Development Overlay /High Density Single - Family (OPD /RS -12) Plan of the property described below is hereby amended to allow duplex and multi - family development. LEGAL DESCRIPTION A part of Lot 4 and Lot 6, Saddlebrook Addition Part 2, as recorded in Johnson County Recorder's Office Book 42, Page 246, and a part of Auditor's Parcel 2004093, as recorded in Johnson County Recorder's Office Book 48,161, all lying in the NE % and NW % of Section 25, Township 79 North, Range 6 West of the 5th P.M., City of Iowa City, Johnson County, Iowa, described as follows: Beginning at the southwest corner of said Auditor's Parcel 2004093; Thence North 01* 47' 05" West 117.76 feet along a west line of said Auditor's Parcel 2004093 to the beginning of a 150.00 foot radius curve concave easterly; Thence northeasterly through a central angle of 080 44' 19" an arc distance of 22.88 feet (chord bearing North 020 35' 05" East 22.86 feet) to a point on a west line of said Auditor's Parcel 2004093; Thence North 060 57' 14" East 544.62 feet along said west line to a westerly corner of said Auditor's Parcel 2004093; Thence North 08° 19' 23" East 21.01 feet to the northwest corner of said Auditor's Parcel 2004093; Thence North 08° 19'23" East 54.24 feet along a west line of Auditor's Parcel 2004092, as recorded in Johnson County Recorder's Office Book 48, Page 160, to a westerly corner thereof and the beginning of a 1490.00 foot radius curve concave easterly; Thence northeasterly through a central angle of 01' 15' 24" an arc distance of 32.68 feet (chord bearing North 100 23' 50" East 32.68 feet) to a westerly corner of said Auditor's Parcel 2004092 and the beginning of a 162.00 foot radius curve concave westerly; Thence northwesterly through a central angle of 30° 15' 00" an arc distance of 85.53 feet (chord bearing North 050 51'47" West 84.54 feet) to a westerly corner of said Auditor's Parcel 2004092; Ordinance No. Page 2 Thence North 200 56' 30" West 23.84 feet along a westerly line of said Auditor's Parcel 2004092 to a westerly corner thereof and the beginning of a 25.00 foot radius concave easterly; Thence northeasterly through a central angle of 74° 49' 56" an arc distance of 32.65 feet (chord bearing North 16° 28'09" East 30.38 feet) to a westerly corner of said Auditor's Parcel 2004092 and the beginning of a 126.00 foot radius non - tangent curve concave northwesterly; Thence southwesterly through a central angle of 380 25' 46" an arc distance of 84.51 feet (chord bearing South 73° 05'46" West 82.94 feet); Thence North 870 41'217 West 282.80 feet to the beginning of a 512.00 foot radius concave northerly; Thence northwesterly through a central angle of 060 51' 24" an arc distance of 61.27 feet (chord bearing North 84° 15' 39" West 61.23 feet); Thence North 800 50' 27" West 64.45 feet to the northeast corner of Lease Lot 161, Lot 4, Part 2, Saddlebrook Addition as recorded in Johnson County Recorder's Office Book 3668, Page 105; Thence South 090 10'00" West 57.84 feet along the east line of said Lease Lot 161, to the northeast corner of Lease Lot 160, Lot 4, Part 2, Saddlebrook Addition as recorded in Johnson County Recorder's Office Book 46, Page 121; Thence South 090 11' 18" West 11.73 feet along an east line of said Lease Lot 160; Thence South 000 56' 15" East 186.52 feet along the east line of said Lease Lot 160, the east line of Lease Lot 159, Lot 4, Part 2, Saddlebrook Addition as recorded in Johnson County Recorder's Office Book 46, Page 292, and the east line of Lease Lot 158, Lot 4, Part 2, Saddlebrook Addition as recorded in Johnson County Recorder's Office Book 3469, Page 205, to the southeast corner of said Lease Lot 158, also being a point on a north line of said Lot 6, Saddlebrook Addition Part 2; Thence North 830 02'46" West 185.44 feet along the north line of said Lot 6, Saddlebrook Addition Part 2 to a northerly corner thereof; Thence North 860 59'30" West 108.17 feet along a north line of said Lot 6 to a northerly corner thereof; Thence South 890 03'45" West 46.39 feet along a north line of said Lot 6 to a northerly corner thereof; Thence North 850 34'54" West 32.14 feet along a north line of said Lot 6 to a northerly corner thereof; Thence South 890 03'45" West 95.50 feet along a north line of said Lot 6 to a northerly corner thereof; Thence North 870 30'01" West 479.36 feet along a north line of said Lot 6 to the northwesterly corner of said Lot 6; Thence South 000 56' 15" East 596.60 feet along the west line of said Lot 6 to the southwesterly corner of said Lot 6 and the beginning of a non - tangent 1040.00 foot radius curve concave southerly; Thence northeasterly through a central angle of 340 01' 15" an arc distance of 617.53 feet (chord bearing North 870 10' 10" East 608.49 feet) along the south side of said Lot 6 to a southerly corner thereof; Thence South 750 49' 14" East 509.92 feet along a south line of said Lot 6 to a southerly corner thereof and the beginning of a 960.00 foot radius curve concave northerly; Thence southeasterly through a central angle of 150 25' 35" an arc distance of 258.47 feet (chord bearing South 830 24' 56" East 257.69 feet) along the south side of said Lot 6 to the Point of Beginning, containing 21.24 Acres, subject to covenants, easements and restrictions of record. Ordinance No. Page 3 SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Appr ved by 7n 'City Attorney's Office '74 ([3 To: Planning & Zoning Commission Item: REZ13 -00021 Overlook at Saddlebrook GENERAL INFORMATION: STAFF REPORT Prepared by: Sarah Walz, Associate Planner Date: September 5, 2013 Applicant: Steve Gordon 2871 Heinz Road, Suite B Iowa City, IA 52240 Requested Action: Re- zoning to amend a Planned Development (OPD- RS12) Plan and preliminary plat for a portion of Lots 4 and 6 of Saddlebrook Addition, Part 2 Purpose: Allow for development of Multi - Family buildings and allow development of a 154 dwelling units within the single - family residential zone. Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Shire Lane, south of Paddock Circle 19.67 acres OPD -RS12 North: Manufactured Housing (OPD -RS12) South:Wetland Conservation (RR1) East: Undeveloped (OPD -RS12) West: Undeveloped (RS8) Duplex and /or small lot single - family August 7, 2013 September 21, 2013 Sanitary sewer and municipal water service are available to this property Public Services: Garbage and recycling will be provided by a private hauler. Police and fire services will be provided by the City. The nearest bus stop is at the intersection of Highway 6 and Heinz Road, where both the Mall and Lakeside bus routes pass. This is approximately one half mile from the entrance of the development. iK BACKGROUND INFORMATION: The Saddlebrook development was annexed into Iowa City in 1994. The annexation and zoning of this property were subject to a Conditional Zoning Agreement (CZA) that the applicant would provide for wetland protection and mitigation, construction of a trail network, dedication or payment of fees for neighborhood open space, and reserved space for a potential school site. The subject area was originally zoned Factory-Built Housing Residential (RFBH) —a zoning designation that no longer exists. In 2005 all RFBH zones were re- designated High Density Single - Family (RS -12) with a Planned Development Overlay (OPD). The area included in this proposal was originally platted as part of a larger (77.65 acre) tract. That plat consisted of 285 manufactured housing units with access from a network of private drives connecting to Heinz Road to the east and a future arterial street (McCollister Boulevard) to the south. [See attachment 3] To date 146 units of manufactured have been developed in the area surrounding Paddock Circle. To the east, the plan was amended to change from 67 manufactured housing units to 80 units provided in a mix of duplex and multi - family buildings along Heinz Road. That amendment resulted in a net gain of 13 units.[See attachment 4] The applicant is now proposing an amendment for an area south of Paddock Circle and east of Shire Lane —an area originally platted for 73 manufactured housing units. The proposal would allow the development of 6 duplexes, and 13 multi - family buildings for a total of 154 units, to be located on a 19.67 acre lot (a 110% increase in density). The applicant has indicated that they have used the "Good Neighbor Policy" and have had discussions with neighborhood representatives. ANALYSIS: The current development plan allows for a 73 -lot manufactured housing park served by a network of private streets. The applicant proposes to amend the OPD plan to allow for alternative ownership — condominium —to allow for the development of 6 duplexes and 13 multi - family buildings (7 ten - plexes and 6 twelve - plexes) for a total of 154 dwelling units. The proposed duplexes would face onto Paddock Circle (a private drive) with connection to Pinto Lane to the west and Heinz Road to the east. The multi - family buildings would be served by a new north -south private street, Shire Drive, which extends south from Paddock Circle. No public streets are proposed as part of the new development plan. As stated in the Zoning Code, "The Plan Development Overlay Zone (OPD) is established to permit flexibility in the use and design of structures and land in situations where conventional development may be inappropriate and where modification to requirements of the underlying zone will not be contrary to the intent and purpose of this Title, inconsistent with the Comprehensive Plan, as amended, or harmful to the surrounding neighborhood. General Planned Development Approval Criteria Applications for Planned Developments are reviewed for compliance with the following standards according to Article 14 -3A of the Iowa City Zoning Ordinance. 1. The density or design of the Planned Development will be compatible with and /or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation, and general layout. Density: The existing RS -12 zone is intended to provide for the development of single - family PCD \Staff Reports\rez13 -00021 saddlebrook staff report.doc 3 dwellings, duplexes, and attached single - family housing units at higher density than in other single family zones. Because this zone represents a relatively high density for single - family development, the zoning code indicates that dwellings should be in close proximity to all City services and facilities, especially parks, schools, and recreational facilities, and that special attention should be given to site design to ensure the development of quality neighborhoods. The applicant indicates that the underlying RS -12 zoning would allow 255 units on this property (19.67 acres X 13 units per acres) while they are proposing only 155 units. This calculation does not take into account requirements for stormwater management facilities, street rights -of -way or the need to meet the minimum lot dimension and building setbacks required in the RS -12 zone. A development that meets these minimum zoning and subdivision requirements is likely to be similar in density to the currently approved 73 dwelling units. To achieve the density proposed by the applicant Low Density Multi - Family (RM -12) zoning would be more appropriate than attempting to achieve what is essentially multi - family development in a single family zone. Such a rezoning would require an amendment to the South District land use plan and the housing policies of the plan. As noted elsewhere in this report, staff would not recommend such amendments for an area that currently has inadequate public infrastructure and services. Land uses proposed and general layout: The subject property is located in an area that has no direct access to public streets or services such as public transit. The current plan for the area allows 73 units of manufactured housing arranged along a network of private streets with multiple connections to east to Heinz Road, north to Paddock Circle, and south to a future extension of McCollister Boulevard. Previous amendments for to the OPD plan on property to the east have eliminated one east - west street providing connection to Heinz Road. Mustang Lane and the extension of Heinz Road remain unconstructed. The proposed development provides a single access road (Shire Lane) running north to Paddock Circle. Until Heinz Road and McCollister Boulevard are extended, all traffic from this area must rely on a single connection to Paddock Circle, a private street only 24 feet wide, for access to public streets. Iowa City's subdivision regulations no longer permit private streets in single - family residential areas. Requests for private streets in multi - family areas are considered only where connectivity to adjacent properties is not needed. Residents of the multi - family uses proposed in this plan would need to traverse two or more private streets before accessing public streets (Pinto Lane to the west and Heinz Road to the east). While the applicant is correct that a mixture of land uses may be considered in planned developments and that a mixture of housing types, including multi - family, is encouraged within developments, both the subdivision regulations and the Comprehensive Plan call for appropriate infrastructure to be provided in areas proposed for higher density development. Staff believes that the existing development in the larger neighborhood reflects the kind housing diversity envisioned in the Comprehensive Plan, by placing higher density housing at the edge of the neighborhood on properties with direct access to public collector or arterial streets. Property along Heinz Road shows this variety with 27 multi - family buildings (some of which are located in an RM -20 zone) near the intersection with Highway 6. Further south an approved OPD plan allows duplexes and multi - family buildings along a portion of Heinz Road that is not yet constructed. Both the Subdivision Regulations and the Comprehensive Plan call for developments to contribute to a larger interconnected street pattern to ensure street connectivity between neighborhoods, multiple travel routes resulting in the diffusion and distribution of traffic, efficient routes for public and emergency services, and to provide direct and continuous PCD \Staff Reports \rez13 -00021 saddlebrook staff report.doc n vehicular and pedestrian travel routes to neighborhood destinations. The present plan for the multi - family development creates a single block more than 1,200 feet long (east to west) and more than 800 feet long (north to south) The proposed multi- family buildings are oriented around two large parking areas, connected by a continuous drive in excess of 900 feet. This presents some concern with regard to safety for both vehicles and pedestrian. The long block lengths and reliance in a large parking are with a single drive are more typical of a commercial center than a residential zone. The Multi- family Standards in the Zoning Code require buildings to be oriented toward a public street, private street, or interior courtyard. Parking lots with a perimeter dimension of greater than 300 feet should be divided into smaller, connected lots in order to slow traffic, improve pedestrian safety, and reduce the visual impact of large parking areas. The Zoning Code indicates that parking drives should not be used as aisles —the separation of drives from aisles is intended to control speeds and facilitate safety. As currently configured, the parking area does not conform to design standards in the code. This may create an unsafe environment for drivers and pedestrians. Mass and Scale: Given the larger issues of density and infrastructure, staff has not analyzed the design of the buildings, which would be required to meet the multi - family standards in the Zoning Code. Traffic Circulation: With respect to the site plan, staff views the long driveway with an excess of 100 parking stalls as undesirable. This type of arrangement creates a situation in which traffic for the entire development must funnel past the buildings located near Shire Lane. As vehicles stack at Shire lane, residents of these buildings must back out into higher volumes of traffic, which may likely traveling at higher speeds due the length of the drive. Arrangements with additional internal access points and clusters of buildings are more desirable from a transportation planning perspective. 2. The development will not overburden existing streets and utilities. With respect to neighborhood connectivity, the preliminary site plan provides two access points from the development onto Shire Lane (a private street to be constructed as part of the development). While Shire Lane will ultimately connect to Heinz Road (via Mustang Lane), and to a future extension of McCollister Boulevard at its south terminus; neither of these connections will be constructed in the foreseeable future. This creates a situation in which the development has only a single means of access (Shire Lane). Staff estimates that the proposed development could generate in excess of 900 trips per day. This clearly exceeds the 500 vehicle per day allowance for a single means of access for a local street and triggers the requirement for a secondary access (15- 3 -2:A1 of the City Code). The Fire Chief has raised concerns about the ability to provide emergency vehicle service to the proposed development via the narrow private streets. The streets are 24 feet wide and the sidewalk is built at the curb with no buffer between the sidewalk and the travel lanes. To provide the necessary secondary access to the development, staff recommends that, at a minimum, the connection of Mustang Lane (between Shire Lane and Heinz Road), and the extension of Heinz Road from its south terminus to Mustang Lane be constructed as public streets concurrent with the development. Secondary access will ensure that the adjacent neighborhood is not `overburdened' with traffic and allows emergency services and City services, such as transit, to reach the development. Staff believes that Shire Lane and Mustang Lane should be public streets, constructed to PCD \Staff Reports \rez13 -00021 saddlebrook staff report.doc 5 City standards. City Code 15 -3 -2:12 notes that in multi - family areas, requests for private streets can only be made if connectivity to adjacent properties is not necessary — this is not the case as Shire Lane and Mustang Lane would clearly connect to adjacent properties. The trails and sidewalks within the development are viewed as positive. The path located west of Shire Lane should cross the future arterial corridor adjacent to the intersection of Shire Lane rather than further west as currently shown. Connections to sidewalks from the street - facing sides of buildings are missing and sidewalks within the development along parking areas are all shown are all located at the back of the curb line. Overall the interior pedestrian circulation is less than desirable, given the size and design of the parking area, which will function as a sort of private street. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more that would a conventional development. Staff believes that the proposed duplex units along Shire Drive complement existing single - family development in the manufactured housing park and provide an appropriate transition to higher density development to the east. While the area proposed for multi - family provides ample green space and separation for most of the higher density development, staff is concerned that the design of the parking areas may detract from the lower density housing to the north and future duplex housing to the east of Shire Lane. As stated above, staff believes the increase of the traffic funneling through the private streets will create an undesirable and potentially unsafe environment for residents along Paddock Circle. 4. The combination of land uses and building types and any variation from the underlying zoning requirements from City Street Standards will be in the public interest, in harmony with the purpose of this Title, and with other building regulations of the City. The proposed development would require variations from code requirements to allow a large number of multi - family units in a single - family zone. The City has approved other OPD plans where multi - family buildings were used to cluster development away from sensitive areas or to create large areas of public open space or amenity. However that is not the case with this proposal. In staff's opinion the purpose of this OPD appears to allow a significant increase in density and the construction of multi - family buildings in a single family zone without proving a public benefit. Staff does not believe that these modifications are in the public interest or in harmony with the Zoning Code or Comprehensive Plan. Compliance with Comprehensive Plan: The proposed plan, concentrating 142 multi - family units in an area with no direct access to public streets and with its sole access provided from a single private street, runs counter to several principles contained in the housing section of the South District Plan (New Neighborhoods section, page 6 -7) states: "The predominantly land use in the South District new Neighborhoods will be detached single - family residential. However, the neighborhood will also contain areas where low to medium density multi - family, townhouse and duplex style housing will mix compatibly with single - family housing. The medium density housing options should be carefully designed and located to take advantage of major infrastructure investments, such as arterial streets, and goods and services, which are provided in the neighborhood center." and "Use small lot, single - family housing and duplex development to serve as a gradual, density progression between single - family homes located more centrally in the PCD \Staff Reports \rez13 -00021 saddlebrook staff report.doc C.1 neighborhood and the multi - family or townhouse buildings located near the commercial center or along arterial streets. " and Locate low- to medium- density multi - family housing in the form of townhouses and small apartment buildings at the edges of the neighborhood along arterial streets, and nearer the neighborhood commercial center, trails, major open space areas, and institutional uses, such as a school or religious institutions. Limit the size of individual parcels zoned for such development, so that the scale of the buildings is compatible with surrounding uses and the traffic generated from such developments is adequately accommodated. and "... Ensure a variety of housing stock and provide controls on scale and density by providing small multi - family lots of approximately 12,000 to 16,000 square feet for low density multi - family housing at the intersections of collector and arterial streets. Lots of this size will assure that the resulting apartment buildings will be no more than 4 to 6 units per building so that there are not more than 24 units at any one intersection." The Land Use Goals and Strategies section of the Comprehensive Plan also recognizes the important relationship between transportation and land use by requiring new neighborhoods to be designed in a manner that contributes to the larger interconnected street pattern of the city and that provides for safe, efficient and orderly movement of vehicular, pedestrian, and bicycle traffic. "Blocks should be limited in size and be laid out in a pattern that ensures the connectivity of streets, provides for efficient provision of public and safety services, and establishes efficient and logical routes between residences and non - residential destinations and public gathering places." The proposed development runs counter to the above principle, creating one large block, more than 800 feet in length along Shire Lane and nearly 1,000 feet along its the east - west boundary. Compatibility with neighborhood: The Affordable Housing section in the Comprehensive Plan encourages a mix of housing with small multi - family buildings incorporated on corner lots adjacent to arterial streets, and townhouses and duplex units mixed with single - family homes within a neighborhood. Contrary to the principles of the Comprehensive Plan, the current proposal essentially would allow a large apartment complex in an area of the city that already has large concentrations of multi - family housing. Neighborhood Open Space: At the time of the original Saddlebrook subdivision and the Conditional Zoning Agreement, the Parks and Recreation Commission determined the amount of open space required for the entire subdivision to be 6 acres based on the Neighborhood Open Space Ordinance. At that time approximately 2 acres of neighborhood open space were proposed along the west side of Lot 6. An additional acre was proposed within the 50 -foot wide sanitary sewer easement between Lots 5 and 7. The remaining three acres of Neighborhood Open Space are to be provided along the west boundary of Saddlebrook when that is subdivided, so that it may be combined with open space required for another tract to west, in order to create a more substantial open space area. The amount of open space required was based on the density allowed in the RFBH zoning that was in place at that time. If an OPD plan resulting in an increase in density is approved for this property, an additional 8,637 square feet of open space will be required. If this proposal is approved the developer's agreement will need to address this requirement. Storm water management: The pond within the proposed development provides stormwater detention for the existing Saddlebrook Development and was designed to accomidate the currently approved plan. The facility may require modification to accommodate the proposed development. The wetland mitigatation plan that is required by the CZA will also need to be PCD \Staff Reports \rez13 -00021 saddlebrook staff report.doc rA reviewed to determine if it is sufficient for the proposed changes. If this project proceeds stormwater calculations and a revised mitigation plan will need to be submitted. SUMMARY: Staff believes that proposed amendment to the OPD plan does not comply with the purpose of the Overlay Planned Development. As explained above, it is counter to the requirements of the underlying zone and inconsistent with the Comprehensive Plan. The applicant has indicated that changes in financing requirements and demand for manufactured housing make it difficult to develop the remainder of Lot 6 of Saddlebrook according to the approved plan. In Staff's opinion this is a compelling reason to change the plan to allow other forms of housing, however it does not justify doubling the permitted density and creating a concentration of multi - family units in an area that does not have access to public streets and services. The existing system of private streets was designed to serve a manufactured housing park —a type of development where private streets were the norm. As noted above, private streets are no longer permitted in single - family neighborhoods and are considered for multi - family development only in situations where access to adjacent property is unnecessary. If the OPD plan is to change, staff believes that the area should be served by public streets. We would recommend that Mustang Lane and the portion of Shire Drive south of Mustang Lane, be redesigned and designated as a public streets and that Heinz Road provide access to the Mustang Lane for the initial phases of the development. Staff does not believe it is safe or fair to direct increased traffic through Saddlebrook Lot 4 where home owners leased their lots with the anticipation that traffic on the private streets would be limited to an additional 73 manufactured housing units (in most cases the residents of Saddlebrook lease their lot, but own the dwelling unit placed upon the lot). Staff also believes there is some merit in waiting to approve additional multi - family development until the future arterial corridor to the south is in place. (This corridor is not currently in the City's Capital Improvements Plan.) Data collected in 2010 shows that Heinz Road had 2,231 vehicles per day and is nearing the 2,500 vehicle per day threshold for a single means of access for a collector street (per City Code). If the new development is approved contingent with the completion of Mustang Lane and a portion of Heinz Road as discussed, Heinz Road south of Highway 6 would likely no longer satisfy the secondary access requirements. If an alternative zoning is to be considered for Saddlebrook, staff would recommend that apartments be limited to the frontage along McCollister Boulevard (labeled as future parkway on the plan) and a mix of townhouses and duplex style units or small single family lots for the remainder of Lot 6. We believe that this would allow for a significant increase in residential density without requiring a major change to Comprehensive Plan policies for the South District. Staff would also recommend consideration of multi - family units on the southern portion of Heinz Road (where duplexes are currently approved) as a way of encouraging the construction of this portion of the public street network. STAFF RECOMMENDATION: Staff recommends that the application REZ13- 00021, a rezoning to amend the Overlay Planned Development— Medium Density Single - Family (OPD /RS -12) zone to allow for the development of 6 duplexes along Paddock Circle and 13 multi - family buildings along a proposed private street (Shire Lane) be denied. PCD \Staff Reports \rez13 -00021 saddlebrook staff report.doc F. Moved to above. ATTACHMENTS: 1. Location Map 2. OPD Plan 3. 2003 plat for manufactured housing park 4. Overall view of Saddlebrook development 5. Aerial view of Saddlebrook and surrounding development 6. Materials submitted by the applicant 7. Correspondence Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development PCD \Staff Reports \rez13 -00021 saddlebrook staff report.doc IME CL 0 u V 0 J C G1 t V m v simi 1 Z 31d�jbd�ioo Vic - -- w Nom- - G� T am N 0� 0crm __j Z) I ! 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H p J i IOWA CITY IOWA f .",z> -n $ a$a� 3 Part of Lots 4 and 6 of Saddlebrook 8. kw Addition Part 2 m I _ /_ /-- I s� rrr Rims IL fD i A s 3 • ki 1 Y The Overlook at Saddlebrook Amended Site Plan Proposal Reason we are requesting a Modification to our Approved Planned Development Plan The Underlying Zone does not allow multi- family The property is currently zoned Planned Development Overlay Zone (OPD) RS -12 and is approved for a 73 lot manufactured housing park. This zoning was applied by the city to this parcel to meet the requirements of the new zoning code adopted in 2005. The previous zoning was Residential Factory Built Housing (RFBH). A Planned Development Overlay is appropriate if it falls into one of 6 categories, number 6 being Alternative Ownership; further described as a Manufactured Housing Park or a Condominium Development. We are requesting to amend our approved site plan from one type of Alternative Ownership, Manufactured Housing Park, to the other, Condominium. The underlying zone, RS -12, does not allow multi - family uses nor manufactured housing parks. Both uses are covered by the Planned Development Overlay Zone. Specifically in regards to mufti- family uses the OPD code states: Land Uses Allowed: A mixture of land uses are allowed in planned developments that might not otherwise be allowed with the underlying zoning. Land uses proposed must meet all of the dimensional and site development standards of the underlying base zone, unless a modification is specifically approved during the planned development process. The following provisions provide standards for uses that might not otherwise be allowed in the underlying zone: 1. Uses Allowed On Properties Zoned Residential: A mixture of housing types, including single - family, two- family, and multi - family dwellings, is encouraged in all residentially zoned planned developments. To help assure that the various building types are compatible with one another, similar architectural elements, scale, massing, and materials should be used and the following standards must be followed: (Ord. 05 -4186, 12 -15 -2005) (emphasis supplied) 2. Multi - Family And Group Living Uses: If multi - family or group living uses are proposed, they must comply with the multi - family site development standards set forth in chapter 2, article B, "Multi - Family Residential Zones ", of this title. When located adjacent to single - family and duplex structures, multi - family buildings should be of a scale, massing and architectural style that is compatible with adjacent lower density residential development. (Ord. 09 -4366, 12 -1 -2009) We are not requesting to change the zoning of the property. It is currently zoned OPD RS -12 and will continue to be zoned OPD RS -12. Multi - family dwellings are specifically contemplated by the OPD ordinance. We are simply looking to improve on the currently approved land use from a manufactured housing park to a low density multi - family use. There are many reasons this request will improve and enhance this area for the existing residents of Saddlebrook, the City of Iowa City and the community as a whole which are all outlined in our detailed Amended Site Plan Proposal. We are not looking to create a new zoning and land use on a vacant parcel, rather we are looking to improve an existing approved land use and site plan in an established neighborhood. 0 0 The Overlook at Saddlebrook Amended Site Plan Proposal Statement of Why a Site Plan Amendment is Warranted. A Brief Look Back History of Saddlebrook: The Early Years The planning for Saddlebrook began in 1991 when 420 acres of undeveloped land situated on the Southeast border of Iowa City came under common ownership. Over the next 3 years the owners worked closely with the city on the size of the annexation, wetland mitigation, concept zoning issues and infrastructure challenges until the annexation was completed in 1994. During the process, the owners agreed to annex the entire parcel making the current sanitary sewer treatment site contiguous with the City limits and ultimately allowing the facility to be annexed and built. Over the next couple of years zoning was established, site plans were created and Saddlebrook Addition Part 1 was approved in October of 1996. The Saddlebrook developers have often through the years demonstrated an acceptance and willingness to consider reasonable suggestions, additions and /or changes to the development plan in order to improve the greater Iowa City environment. In addition to agreeing to annex the entire 420 acres to facilitate the waste water treatment plant, discussion regarding wetlands became a big part of the process resulting in approximately 200 acres being set aside in a conservation easement for the establishment of wetlands and open space for all future generations to enjoy. In 1999 the city purchased 68 acres from the developer that is currently used for the South Sycamore Regional Storm Water Management Facility. Saddlebrook reserved for the Iowa City School District a large tract of development property for 15 years in the event Iowa City wanted to expand the school system into the SE side of town. Almost 20 years have passed since Saddlebrook established a right of way for the construction of McCollister Blvd, which we all trust will become reality one day! In part due to the delay of McCollister Blvd, and to allow for the orderly expansion of the project, Saddlebrook agreed to add a secondary access to the property which was completed in 2011. Continued Growth In February 2001 Saddlebrook Addition Part 2 was final platted to complete the initial master plan for Saddlebrook. Parts 1 and 2 encompassed a total of 100 acres. Part 2 was a total of 78 acres zoned residential factory built housing (RFBH) and designed as a manufactured housing park. In 2005 the RFBH zone was changed to a Planned Development Overlay Zone (OPD RS -12) to accommodate the new city zoning code. Vision The original and underlying concept for Saddlebrook was, and continues to be, Community, Value and Lifestyle. Since the first home was built in 1997, Saddlebrook has become the home to over 500 families. Saddlebrook offers various types, styles and sizes of homes while providing country club style amenities at an affordable price. Residents enjoy a clubhouse, library, business center, fitness room, ponds, trails and hundreds of acres of open space all beAtifully Ca -.. landscaped and maintained. All of the homes within Saddlebrook are quality constructed, well n%V@�ainjd°and offered at pricing to meet the workforce housing needs of Iowa City residents. r °' rri b. 10 s- 0 a Why a Site Plan Amendment is Warranted. Looking Forward The approved site plan for the southern portion of Saddlebrook Addition Part 2 is not viable in today's market ❑ Financing for homeowners looking to purchase a home on leased lots is largely unavailable and unaffordable. Lenders require large down payments, with non - competitive high interest rates, without traditional long term fixed rate mortgage financing. Manufactured home ownership is therefore not competitive within the Saddlebrook concept and for those looking for affordable housing options. Our Site Plan Amendment will mitigate that circumstance and again provide affordable housing options with value. ❑ There is an oversupply of residential for sale lots, developed and undeveloped, available in Iowa City. According to a recent market analysis by Cook Appraisal, LLC there are close to 400 single family lots available for sale and there are hundreds of more lots platted but not yet developed. ❑ We are considering smaller single wide manufactured homes for rent on the approved land lease lots. We have also considered selling the platted lots to a developer who specializes in rental manufactured homes. However, we feel there is a better use for the property that will enhance all of the Saddlebrook Community along with the greater Iowa City /Johnson County community. As mentioned earlier, at the request of the City and to further expand the Saddlebrook community, the developers recently added a second access to the development which will facilitate this Plan Amendment and demonstrate our commitment to continue putting together a quality community development encompassing affordability, value and diversity in its' housing products. In today's housing market, quality, affordable, well planned, for rent housing is needed and in high demand ❑ According to the Census Bureau, homeownership is down from its peak in 2004 from 69.2% to 66 %. Consumer confidence in homeownership, tightened loan requirements for homebuyers, reduced job opportunities and concern about the overall economy are all reasons for this downturn. ❑ According to HUD, nationwide single family housing starts are down 30% from 2008 levels. Based on building permits from Iowa City, single family housing starts peaked in 2003 at 193 and were down to 80 starts in 2011. ❑ According to a recently completed market analysis by Cook Appraisal, LLC the vacancy rate for apartments in Iowa City is 1.63 %, which is an indication of the undersupply of units available. w` ❑ Our current rental vacancy rate within the Saddlebrook Community has been under 2 0/chet seNwN years and we currently have a waiting list for our units. Our tenants tell us that it is hard to fip44ali_ WUe non - student housing in Iowa City that offers amenity and flexible lease terms. --I C,:) -- `{r rn r,. ❑ .50% of the households in Iowa City earn under $50,000 and 24% are ages 21 -34, two c s tRNt hav� propensity to seek a quality affordable rental community." All the pieces are present to continue growing the Saddlebrook Community ❑ Saddlebrook was originally annexed into the City of Iowa City in 1996. It contained 420 total acres and includes nearly 200 acres of wetland preserve. ❑ Since the first home in Saddlebrook was built over 15 years ago we have developed, sold or rented 536 units, including 94 rental apartment units and 442 single family, duplex and attached condo owner occupied units. 0 0 All homes sold within the Saddlebrook Community were under $200,000 and a vast majority were under $150,000. All rental apartments within Saddlebrook are affordable to those families making 60% of the area median income. ❑ We have recently developed in the area 12 acres, containing 71 single family owner occupied lots, and have an additional 45 acres containing 183 units, platted but not yet developed, of single family owner occupied lots. ❑ Saddlebrook has inventory land of 48 acres not yet platted and zoned RS -8 along with these 20 acres platted for 73 manufactured home lots and zoned OPDH -12. ❑ The Saddlebrook Community has approximately 200 acres set aside as a wetland preserve -along with multiple acres of green space and amenities within the developed areas including a 4,000 sq. ft. Clubhouse. ❑ The overall current mix of units is 94 apartments, 442 owner occupied units and 183 platted owner occupied units. Adding 142 additional rental units to the Saddlebrook Community would produce a ratio of 27% rental apartments and 73% owner occupied homes which is considerably less than the citywide average of approximately 50% of households occupying rental units. ❑ We provide quality built, well managed, privately owned and financed affordable housing to many within the Iowa City work force and their families. ❑ A 2- person household in Iowa City at 60% of the area median income can afford rent of $965, a 4- person household at 60% of the area median income can afford rent of $1,205. Our current 2- bedroom apartments range in rent from $825 -890 and our 3- bedroom units rent for $975. ❑ The tenants in 55 of our 60 units at the Mane Gate Apartments in Saddlebrook are either graduate students or work in the Iowa City area. Over a third of our tenants have lived in their apartment home for more than a year, showing an investment in the Saddlebrook Community. ❑ We feel the Saddlebrook Community must adjust the mix of housing types by adding more qWity, attractive and affordable rental housing. w CD ZE Cl) ❑ Residents interested in the Saddlebrook Community are asking for rental units as evi&ii7cAd by-bur hwwic occupancy and current waiting lists. .<r E):;u Benefits to the Iowa City Community. ❑ Bring to the market much needed new rental units for working individuals and their families. There will be a mixture of 1, 2 and 3 bedroom units to provide for the needs of diverse family structures. ❑ Privately funded affordable rental workforce housing, defined as non - student housing, is a critical need as stated in City Steps 2011 -2105. Also stated in City Steps as a barrier to affordable rental workforce housing is the lack of land zoned for multi - family units. This is an ideal opportunity to meet this critical need. ❑ Provide jobs and a boost to the local economy. According to the National Association of Home Builders model estimate, this project will bring an immediate impact of $11,000,000 in local income, $1,185,000 in taxes and other revenue for local governments and 175 jobs. ❑ Additionally, the ongoing annual impact of 142 occupied units, and the occupants paying taxes and otherwise participating in the local economy year after year, is over $3,160,000 in local income, $560,000 in taxes and other revenue for local governments and 45 local jobs. ❑ The project will add an estimated $11,000,000 to the city tax base and at current rates will pay $215,000 per year in property taxes. ❑ Most new apartment projects in Iowa City are student focused. There have been few if any larger scale, high quality with amenities work force rental housing projects built in Iowa City in many years. This is an opportunity to meet this need. ❑ This is an infill project and will require no investment by the city. All public infrastructure is in place and to the site. Benefits of this site for multi- family housing ❑ Current underlying zoning is RS -12. Under this zone 255 attached units would be the allowed maximum density. Our plan has a total of 154 units. ❑ The property is surrounded on 3 sides by several hundred acres of open space, ponds, wetlands and walking trails. ❑ The site is well buffered from the manufactured housing community to the north by additional green space and landscaping features. ❑ The site is on the intersection of a planned arterial street and an extra wide collector street. ❑ The site is in the SE part of Iowa City near the Industrial Park and an anticipated commercial growth area and access to quality housing will be an integral part of the success of this area. ❑ This is an infill site with all city services in place and we are ready to develop a product that is needed and in demand by the residents of Iowa City. ❑ The site is part of a community that already has many existing amenities in place, including a clubhouse, fitness room, library, media center, fishing ponds, trails and 200+ acres of green space. ❑ The development will make living at Saddlebrook more affordable for the current residents in that it will reduce their collective community assessment costs. In addition it will allow us to expand the current amenities available and enhance the community living experience for all of the Saddlebrook residents. In summary, we feel the aforementioned Site Plan Amendment will serve the Iowa City Community and the Saddlebrook Community very well. It will provide needed housing diversity for the men, women and families that work and live in Iowa City, it will aid the business community in the recruitment and retainage of employees, it will enhance the housing choices in the Saddlebrook Development and it is a perfect location with easy access yet surrounded by hundreds of acres of nature. Financially it will provide many jobs to local workers, bring an $11,000,000+ impact to the local economy, and increase the property taxes on the site by over $200,000 per year. This project as designed is a true win -win for all involved and we trust the City agrees that this new land use is better for the community than the current 73 manufactured home sites. We hope that the City, after its review, will agree with the proposed Site Plan Amendmentwid will allow us to start building multi - family units rather than the manufactured housing in 2014. w C- c� ~ r` "I h We appreciate your consideration. C7 Evolution X Saddlebrook has evolved over the years to meet the demand of the ever changing housing needs of those that choose to work and live in Iowa City. We have redesigned some of the original RFBH zoned areas to accommodate luxury townhomes and condominiums, attached single family housing and a small commercial office center to serve the needs of the Community. We are pleased that over 500 families, several small local businesses and a place of worship have chosen Saddlebrook as home, an obvious statement of approval from the public for the Saddlebrook plan. With the recent completion of secondary access into the development, the next phase of planning has begun. Housing needs and choices have changed dramatically in Iowa City over the last 20 years. Saddlebrook must meet those needs and choices while keeping with the original development concept. Therefore, we are proposing a change to the original Part 2 Site Plan which will be an exciting and beneficial improvement for 20 acres on the Southern edge of the current development. Proposed Site Plan Summary Saddlebrook Addition Part 2 Original Site Plan Zoning: RFBH; Residential Factory Built Housing Max Density Allowed: Approximately 9 units per acre. Note: The Saddlebrook Addition Part 2 manufactured home site area could have been platted for approximately 702 lots on about 78 acres. Developers chose to build larger lots to meet the housing demands of that time and designed 285 lots, of which 146 have been developed. The Overlook at Saddlebrook, Proposed Site Plan E2 Acres: 19.67 acres of the original 78 acres of Saddlebrook Part 2C-) Q w Current Zoning: OPD RS -12 r Current Site Plan: 73 land lease manufactured home sites ©M Proposed Site Plan: 12 2 -unit attached single family houses and 142 multi - family units Max Density Allowed: 13 units per acre Density: 7.8 units per acre 1. 2. 3. 4. 5. 6. 7. �J The Overlook at Saddlebrook List of Exterior Building Materials Vinyl Siding Masonry per Plan Aluminum Soffit and Wrap per Plan Asphalt Shingles Wood Decks per Plan Wood or Composite Columns per Plan Painted Cement Board per Plan N CE *E2 C= �r 3 .F' 0 0 FILED 2013 JUL I I AM 11: 4 4 CITY CLERK IOWA CITY, IOWA H FILED 2013 JUL I I API 11: 45 wv inv .w�nr g$ 89_41 CITY CLERK IOWA CITY. IOWA Z 0 f- tu to z 0 Z fl 4 ua J w cv Q 01 z Q } W J to W J z 0 Q } w w N Gm- 7111111 • �mr'� I �lilili oru I I �I uu■ Illllllllfll I 1����1� r u,a■ is ra �.■ YI�Y ■• I �: ....• � IAfA11 - I I! Ia C—= II ■.�.■ III _ li'�. /.■'!111111 ■�.�■ 1111111 �II.......... IRS 1i4h4 1111111111111 I I ������ � i11lllllillll � °°� � �I,'l uu■ ,111111 1111f1 t iIl 1111 ■...■ �11111� C■ ' ■a..a 111,1,1 MA ski ■ ..■ .. �■ lil �siiii I I'1'I I I LI. �ou■ I iL.lJ —mm AS- ti L.. ■ ■■ IIllfll - C�. ■..0',111111 y Nunn I From: Roberts, Cindy <cindy- roberts @uiowa.edu> Sent: Thursday, September 05, 2013 3:09 PM To: Plan ningZoningPublic Subject: Saddlebrook additional development concern -from Cindy Roberts TO: Planning & Zoning Commission RE: Steve Gordon's proposal for Saddlebrook development It came to my attention recently of a developer's proposal to expand the current Saddlebrook area in southeast Iowa City. I first want to express that I think the current mix of the Saddlebrook development is a good one —one that was planned out well when it was first developed back in the 90's. However, a plan that includes 13 more apartment buildings (an additional 142 multi - family units) to this area is a plan that is only looking at the $$ —not how this will blend in w /the current Saddlebrook neighborhood and the surrounding southeast neighborhoods. I live in the Grant Wood Neighborhood. Southeast Iowa City already has one of the highest densities of multi - family units within Iowa City — perhaps the highest. Some of my concerns are... *There is no plan for a secondary access road. This will result in substantially increased traffic thru the Whispering Meadow residential area and Lakeside Drive. Whispering Meadow Drive is not designed for increased traffic. Lakeside Drive is already a very heavy traffic street that connects Sycamore St to the eastside Lakeside apartment complexes and runs along Fairmeadows Park, Sycamore Greeway Trail, Grant Wood Elem School and residential houses. This would definitely be a congestion and safety issue. *The developer indicated that they have used the "Good Neighbor Policy" and have had discussions with neighborhood representatives. I do realize the Good Neighbor Policy only requires resident notification for those who live within 300 ft of the project. I want to emphasize that this development would certainly affect neighboring residents outside of -the prescribed area —such as residents in the Whispering Meadow and Lakeside areas. *We're all aware of the types of issues facing our school district with the need for new elementary school(s), renovating existing schools, and how redistricting issues need to be addressed. It's crucial that City officials and our IC School District partner and communicate on any number of topics — especially housing developments. Part of the City's role is to look very carefully that housing developments are planned with the thought of how this will affect the neighboring schools. As an example, Grant Wood Elementary School currently has 7 "portable" buildings outside the regular school building which translates into 13 different classrooms /offices that are not able to be housed within the building. There's always a need for affordable housing in our city that continues to grow. City officials speak often of the need for neighborhood stabilization as it relates to many different topics. This housing proposal adds substantially to an existing dense concentration of multi - faimly housing in southeast Iowa City. It's ill- advised for the specific area, the surrounding neighborhoods, and is not in line with the Iowa City's Comprehensive Plan. Thank you for listening to my concerns and please do not approve this particular development as it's being presented at this time. Cindy Roberts 2034 Grantwood Street Coordinator, Grantwood Neighborhood Association Cell: 319 - 330 -6734 To: Planning and Zoning Commission From: Erik and Carol Winborn Owners of the condominium located at 2922 Belmont Lane Iowa City, Iowa We appreciate the opportunity to provide comments to the Planning and Zoning Commission concerning Steve Gordon's application to rezone property in the Saddlebrook development to allow the development of 6 duplexes and 13 multi - family building for a total of 154 units. We own a condominium located at 2922 Belmont Lane and live in the condominium for part of the year. The proposed rezoning would adversely impact our neighbors and us. We agree with the staff report and strongly concur with the staff recommendation that the commission deny Steve Gordon's application. Our son, Brett Winborn, purchased the condominium from Triple Crown Condominiums LLC on August 1, 2004. Steve Gordon signed the warranty deed for AM Management as Triple Crown's representative. Triple Crown made a number of representations to Brett regarding the character of the neighborhood and Brett purchased the property with the understanding that the zoning in the area would not be changed. After Brett and his wife graduated from the University of Iowa, we purchased the property from him on January 13, 2009. We knew he would not be able to sell the condominium in a poor real estate market and we wanted to use the condominium during our frequent visits to Iowa City. We agree with the staff's comment that it would not be safe or fair to direct increased traffic through Saddlebrook. When Triple Crown marketed the condominiums, they claimed the area would be a low- density housing area with safe streets and green areas for children. Increasing the housing density with the resultant increase in traffic would not be family friendly and would definitely pose a danger to the children living in our area. The staff noted in the report that the "applicant has indicated that they have used the `Good Neighbor Policy' and have had discussions with neighborhood representatives." We disagree with the applicant's contention. We first learned about the rezoning request by reading about it in the Cedar Rapids Gazette on September 3`d. No one contacted us, which is especially disconcerting considering that AM Management manages the property for our Belmont Townhomes Owner Association. Steve Gordon in his position with AM Management has our contact information. We applaud the staff's analysis in their staff report. We urge that the Commission deny the rezoning request. Sincerely Erik and Carol Winborn 9706 Rambling Ridge Ct Fairfax Station, VA 22039 Phone: 703 - 440 -0015 Sarah Walz From: Cljewell@aol.com Sent: Friday, August 30, 2013 1:37 PM To: Sarah Walz Subject: Shire Lane (REZ13- 00021) Sarah, this is a follow -up email to our phone conversation of 3 days ago. Regarding the zoning of the aforementioned property, I believe that the city is very amiss in doing the necessary research about Steve Gordon & his "partners ". First of all, Steve has contended in court just a few months ago that he is an owner of AM Management & The Paddock LLC, however he has never filed this information with the Secretary of State. Only James Miller's name is on file & by the way, he is in hiding. No resident knows of his whereabouts & Steve Gordon will not reveal it. These are violations that require the companies' business licenses be voided. Supposedly, Steve is a paid employee of AM Management, however he rarely appears on duty, but rather continues to do land development that your department, others & the city allow. Shame on youll He demands management payments from the residents at the Paddock, however no services are being rendered, which is fraud & is in breach of the contract with AM Management & The Paddock, which starts, "We will make a reasonable effort to....." NO effort is not a reasonable effort. Many residents complain, but it falls on deaf ears. Rather, he argues & lies, & will intimidate if he doesn't get his way. The most damaging is the resistance of The Paddock ownership in bestowing lot & home deeds to the purchasers of homes in the complex. At the very least, we should have received a recorded covenant deed, which is a common practice across this country. My understanding from a past conversation with Bob Miklo is that the ownership need only to submit a plan & if it met city requirements, then the homeowners should be given recorded deeds. If the plan did not meet city requirements (for example, lot sizes were too small), a request to 'grandfather would very probably be accepted, especially in light of the fact that it was the city which approved the development, issued the permits & then signed -off on them. Personally, when I purchased my home, no mention of a land lease was made until closing & when I hesitated, I was told that I would be able to purchase my lot at a future date in that the management was finalizing a plan --- -which was an overt lie! And the lease I received was not a complete & valid contract. I still have not received a corrected lease --10 years later!! What has a lack of deeds done to us? Well, without deeds, no financing institution other than Hills Bart will write a mortgage on these homes & the terms at Hills are very debilitating. The requirement for 20% down & the offer ` of only a 5/1 ARM is not what the purchasing public will accept, especially when conventional mortgages still offer low, fixed interest rates with a lesser amount down. As well, historically Hills Bank has written their ARMs at an interest rate higher than a conventional mortgage rate. Given that these homes do not appeal to those who have the income to afford a higher - priced home, those at the lower ends of income cannot afford the 20% down & few will accept an ARM in a economic climate where interest rates are rising. Therefore, in order for us to sell our homes, we cannot offer them at the selling price that they should garner given the market in this area, but must sell them at losses of $30,000 to $60,000. We cannot afford these losses when so many of us are seniors with fixed or limited incomes who do not have the years ahead of us to recover these loses. So we desperately try to hang -on or for some, they have simply packed & moved, allowing the home to fall into foreclosure, which devastates their credit rating. Then when the home goes into foreclosure, The Paddock & AM Management buy them at a very reduced amount & converts them to rental properties, which by & large have become weed- & debris - infested properties, which in turn depress the values of our homes even more. (Is the saturation of these rental properties in violation of city code ? ?? I think as much.) This entire scheme to depress our home values & preclude us from selling our homes in this market is a federal & state restraint of trade - - -a felony. If we cannot market our homes in the same manner as any other home in this area & cannot garner the same selling price that a comparable home would bring, we are being economically compromised, & that is unlawful. Furthermore, attorney Nancy Willis is complicit in this scheme & should be investigated. Now to make matters worse, a few years ago, Steve presented a single sheet of information stating that a Master Association was formed with the sole purpose of encumbering every resident in this complex & the adjoining developments with the task of purchasing the club house. The club house was valued at 3 times its market value ($800,000) which I confirmed with local realtors. No one ever saw an appraisal, no purchase agreement was offered & no vote was allowed. This Is duress. Furthermore, when the residents of The Paddock requested to have an Association of their own, the only ones allowed to vote were the ones who purchased a 99 -year lease for their lots. All others were excluded ---very illegal. And no one was allowed to see the final tally. Steve said that the vote failed & we were to take his word for it. From a man who is a perpetual & consummate liar, this is unacceptable. One needs to understand that the ownership has received enough return from home & lease sales to satisfy the liability of the club house, however instead the monies were pocketed & the club house liability was extended and more monies borrowed against it. Steve says this never happened, but will not produce the documentation to support his claim. It did not take $800,000 to build that clubhouse. Anyone with half a brain knows or can discern what building & land costs were when it was constructed & I assure you that it never was an $800,000 project. (Local realtors have contended the same.) With this additional liability, home buyers have even more reason to turn away from our homes. fly one needs to recognize the many city violations that are taking place here every day. I have already told you of the ,,.-ad & debris problem at some home sites as well as around the community mailboxes. There are weeds 3 -, 4- & even 5 -ft tall in violation of city ordinances. There are homes in disrepair, as well. And has the number of rental units surpassed what is allowed under city ordinance? The worst problem is the speeding occurring on Paddock Circle & this isn't a once -in -a -while event. It is every day & has been happening for the better part of 8 years. MANY vehicles are speeding through here in excess of 40 mph on streets that are narrow with no boulevards separating the street from the sidewalks & with homes sitting within a few feet of the street. The posted limit is 15 mph on small signs that few can see & are not illuminated after dark. But mostly, the perpetual speeders just don't care whether they are a threat to safety or not. Personally, I have stopped FedEx & UPS vans, school buses, residents & visitors cars & maintenance personnel who were hired by the managementlownershio. I have made calls to businesses & to every member of the school board multiple times & to residents' homes. Yet the management/ownership refuse to do anything about this & I have been told on 2 occasions that they can't do anything about it when on the back side, they printed a warning that they would fine, however I have seen no fine income. This is a violation of public safety & that is a felonyl And anyone who will not make an effort to arrest the problem is complicit in its occurrence, & will be liable if any person is maimed or killed. I have argued several times that we need stop signs, speed bumps & patrolling, which are strongly resisted. Steve says there isn't the manpower to patrol, but of course there isn't when he doesn't show up for work & will not mandate that other employees who are available do some patrolling. However he has a contract that says that he must make a reasonable effort! He argues that they can't put up stop signs because "other residents are unwilling ", however are they the ones who are being threatened every day? Actually, I am hesitant to believe that those "other residents" actually exist as so many with whom I have spoken agree with me. Then there is the reluctance to construct speed bumps with the excuse that the snow plowers will not be able to remove the snow if there are bumps. Well, if snow can be removed in Minneapolis, Chicago, New York City & Denver from streets with speed bumps, I am certain it can be done here. And I am certain that the management/ownership has the funds for signage, speed bump construction & patrolling if they can pay people who don't appear for work or are unwilling to do the work. Keep in mind that when you are dealing with Steve Gordon, he is very good at appearing & playing the concerned & re-toonsible person, but I assure you that he is a pretentious person who is a constant liar. Nothing he says should be ;pted & he should be thoroughly investigate. As well, the same should be done with the missing James Miller & with Nancy Willis. No zoning & no permits should be extended without this thorough investigation & certainly the city council, the city manager & the city attorney should have some responsibility in legally stopping him. I & my neighbors pay taxes to the city, therefore every department owes us the legal protection! CbwthiAJewell cljewell@aol.com 319/354 -2357 I Sarah Walz From: Cljewell@aol.com Sent: Friday, August 30, 2013 2:19 PM To: Sarah Walz Subject: Postscript Shire Lane Sarah, I forgot to mention the violations of the city's noise ordinance. With the speeders on Paddock Circle, we have to also tolerate those with very loud disk players wired into multiple, extremely loud woofers. When such vehicle passes, usually speeding as well, the noise is so loud, the walls of our homes vibrate & our windows & the dishes in our cupboards rattle. Often this is happening very early in the morning or very late at night, but surely, it happens around the clock. Yet, the management/ownership refuse to do anything about this & they are certainly aware of it happening. This is also illsgalil cbwthiRiewell cl iewell(&- aol.com 319/354 -2357 PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAMF ADDRESS L.'fitZ D 2 q 0 024 4 2'�S NA E ADDRESS A X 017, VAN A". 1pmlla / mA- u C*, s,,uq 2241 6;-.2 -Z fr-C 57-zk 47 7-V PX, i s t r ADDRESS 3 3 1. -�a ckn P , c t. r_ 0 5 / mir C -r-c- -s--L-A-40 25-1 �v-L. PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME ADDRESS a f a2 NAME ADDRESS v_Q 4o k c 1\ _YZ PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME �� Mod ADDRESS rug Ii I,• • ADDRESS PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. M-1 ,IIt eA � e o�vtJ iii ADDRESS 2-20�d 2f', l �t..o NAME ADDRESS - ' N6R L Joc vri7J Gt d� GQ 0 G,.�' K- PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME A ADDRESS Me r � NAME ADDRESS JW'%n I.,rL -otl LPr� , &6,LCk in 1, PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME ADDRESS i n�r 1AA -Sc PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME ADDRESS A�5��� A CA ifcle .2Ic "� PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME Jez M"- ?"f l� ADDRESS Marian Karr From: Kenoyer, Belle V <belle- kenoyer @uiowa.edu> Sent: Monday, September 23, 2013 1:00 PM To: Council Subject: regarding Saddlebrook developer rezoning proposal Dear Iowa City Council I am a resident who lives at 1747 lakeside dr. Recently the Grant Wood Neighborhood Association notified us of the public hearing slated for October 1 and passed on the corresponding documents from the developer of Saddlebrook who is requesting a zoning change. As someone who lives RIGHT ON lakeside, I can already attest to the large amount of traffic, not to mention people who speed well over the posted speed limits, on a regular basis. As someone who walked my kids to school every day last year, the fact that the cross walks were routinely ignored by people actually taking their children to Grant Wood Elementary school makes me nervous to add an additional 900 trips /day on this road. In addition, to increase the population density for this previously zoned land by 110% makes no sense to me as a means to maintain proper land use. I would like to ask the council to reject this proposal out right. Belle Vukovich Kenoyer This correspondence will become a public record. Marian Karr From: Roberts, Cindy <cindy- roberts @uiowa.edu> Sent: Monday, September 23, 2013 1:57 PM To: Council Subject: Saddlebrook development concern -from Cindy Roberts TO: Mayor Hayek and City Council RE: Steve Gordon's proposal for Saddlebrook development Date: 9/23/13 It came to my attention recently of a developer's proposal to expand the current Saddlebrook area in southeast Iowa City. I first want to express that I think the current mix of the Saddlebrook development is a good one —one that was planned well when it was first developed and built in the 1990's. However, the current expansion plan from the developer includes 13 more apartment buildings (an additional 142 multi - family units) to the area. This plan is looking at the "dollar signs" only and not how this will blend in w /the current Saddlebrook neighborhood and the surrounding southeast neighborhoods. I live in the Grant Wood Neighborhood. Some of my concerns are... *There is no plan for a suitable secondary access road. This will result in substantially increased traffic thru the Whispering Meadow /Paddock residential area and Lakeside Drive. The Whispering Meadow area is not designed for increased traffic and many families with young school -age children live there. Lakeside Drive is already a very heavy traffic street that connects Sycamore St to the west and the Lakeside apartment complexes to the east. Lakeside also runs along Fairmeadows Park, Sycamore Greenway Trail, Grant Wood Elem School and residential houses. This would definitely be a congestion and safety issue. *The developer indicated that they have used the "Good Neighbor Policy" and have had discussions with neighborhood representatives. The only neighbors he has discussed this plan with are those within Saddlebrook. There's been no outreach by this developer to residents outside of the Saddlebrook area. I realize the Good Neighbor Policy only requires resident notification for those who live within 300 ft of the project. I want to emphasize that this development would certainly affect neighboring residents outside of the prescribed area —such as residents in the Whispering Meadow /Pinto Street and Lakeside Drive areas. It's critical that one realizes this current development plan will affect residents and neighborhoods well beyond the Saddlebrook area. Let's also keep in mind that southeast Iowa City already has one of the highest densities of multi - family units within Iowa City — perhaps the highest. *We're all aware of the types of issues facing our school district with the need for new elementary school(s), renovating existing schools, and how redistricting issues need to be addressed. It's crucial that City officials and our IC School District partner and communicate on any number of topics — especially housing developments. Part of the City's role is to look very carefully that housing developments are planned with the thought of how this will affect our neighboring schools and neighborhoods. As an example, Grant Wood Elementary School currently has 7 "portable" buildings outside the regular school building which translates into 13 different classrooms /offices that are not able to be housed within the building. There's always a need for affordable housing in our city that continues to grow. City officials speak often of the need for neighborhood stabilization as it relates to many different topics. This plan is ill- advised as it relates to the surrounding neighborhoods and is not in line with the Iowa City's Comprehensive Plan. Thank you for listening to my concerns and please do not approve this particular development as it's being presented at this time. Cindy Roberts 2034 Grantwood Street Coordinator, Grantwood Neighborhood Association Cell: 319 - 330 -6734 Marian Karr From: Roberts, Cindy <cindy- roberts @uiowa.edu> Sent: Tuesday, September 24, 2013 9:40 AM To: Council Subject: CR Gazette Article - Saddlebrook rezoning Attachments: CR Gazette article - Saddlebrook rezoning request -Sept 2013.docx Submitting attached CR Gazette article as it relates to the Saddlebrook rezoning request. Thanks, Cindy Roberts Iowa City resident Article from Cedar Rapids Gazette, Sept 3, 213 by Greg Hennigan http: / /thegazette.com /2013 /09/03 /city - staff -recom mend -den is I -of -la rge -a pa rtment -com plex -in- southeast -iowa -city/ City staff recommend denial of large `apartment complex' in southeast Iowa City Developer wants to put up 19 buildings with 154 total units IOWA CITY — Iowa City planning staffers are recommending denial of a proposal to build what they say would essentially be a large apartment complex in southeast Iowa City. While such a project could have implications on the city's and the Iowa City school district's efforts to address issues related to the concentration of low- income housing on that side of town, the lack of an adequate street network played a bigger factor in the city's stance. "I can honestly tell you it (affordable housing) is actually not a motivation with this project for us," said Jeff Davidson, Iowa City's director of planning and community development. "We're focused on the infrastructure with this one." It does play a role in the developer's pitch, however, with Steve Gordon writing in his application to the city that the 154 units he wants to build would bring "much needed new rental units for working individuals and their families." Gordon is requesting a rezoning to amend the plan for nearly 20 acres in the Saddlebrook subdivision near Heinz Road south of Highway 6. The land is platted to allow for 73 manufactured housing units, but Gordon instead wants to put up 19 buildings with 154 total units. The Planning and Zoning Commission will consider the application at its Sept. 5 meeting The area under discussion, south of Paddock Circle, has no direct access to public streets or bus service. Instead, there would be one private street, which goes through a manufactured housing park and that the city says is narrow and raised public safety concerns from the Fire Department. The current plan also calls for a single block more than 1,200 feet long east to west and 800 feet long north to south. The city estimates traffic would be high enough to trigger a city rule that secondary access be required. The city eventually plans to extend Heinz Road to the south and McCollister Boulevard to the east and they could serve the development, but that will not occur in the foreseeable future. "If there were better street access to this property, we would look at it more seriously," said Bob Miklo, Iowa City's senior planner. His department's recommendation to deny also says the project runs counter to the affordable housing section of the city's comprehensive plan, which calls for a mix of housing with small multi - family buildings on corners next to arterial streets. The Saddlebrook proposal "essentially would allow a large apartment complex in an area of the city that already has large concentrations of multi - family housing," associate planner Sarah Walz wrote in her report to the Planning and Zoning Commission. Affordable housing in southeast Iowa City has been a hot topic among city, neighborhood and school district representatives in recent years. Some people argue there is too high a concentration of low- income housing in the area and that has negative consequences on the neighborhoods there and the schools. The Iowa City Council two years ago adopted a model that prevents city- controlled money from going to rental housing projects that include new construction or property acquisition in areas where there already is a concentration of low - income housing. Most of southeast Iowa City is closed to that funding, but the policy does not apply to privately funded housing like the current Saddlebrook plan, and that land is just outside a restricted area anyway. The housing issue also has an effect on the Iowa City school district, which has developed a diversity policy to achieve greater socio- economic balance across its schools. The two elementary schools in southeast Iowa City had the highest poverty rates in the district last school year. The district also has many schools that are overcrowded and plans to build two new elementary schools in southeastern and eastern Iowa City. Schools Superintendent Stephen Murley said the Saddlebrook project would not be a great concern even if it went forward. The new schools will ease overcrowding and the redrawing of boundaries when the buildings open will provide a way to balance student demographics, he said. Gordon did not immediately return phone messages Tuesday. His is the sole name listed the application, but he used the word "we" in the material and provided the Heinz Road address of AM Management Inc., where he works. The land is owned by Paddock LLC, which is registered with the Iowa Secretary of State with that same address. In his application, Gordon wrote that his project will meet a need for rental housing and would add $11 million to the city's tax base and generate $215,000 a year in property taxes, at current tax rates. It is rare for staff to recommend denial of a request to the Planning and Zoning Commission. Typically, developers will modify a project in response to staff concerns or drop it before it gets to the commission, Davidson and Miklo said. Marian Karr From: boboppliger @q.com Sent: Thursday, September 26, 2013 9:52 AM To: Council Subject: saddlebrook development Dear Council, I oppose the proposed added development at the south end of Saddlebrok subdivision. It would significantly increase the traffic on neighborhood streets in the area and Lakeside Dr. which runs past Fair Meadows park and its splash pad as well as Grant Wood school. This would lead to added congestion on Highway 6. As a property own in the Triple Crown Condo Association, I can not recommend the relator who developed the 14 units. His management company made excessive charges to the association members until we were able to take control. We subsequently found structural flaws in the buildings that cost association members upwards of $1000 each to repair. In a law suit we filed, the developers and his contractor would not accept responsibility for the needed repairs. I hope you will support the zone commissions unanimous rejection of the proposal and the wishes of many of us in the neighborhood. Thanks, Bob Oppliger 1928 Delwood Dr. Iowa City TO: Mayor Hayek and City Council RE: Steve Gordon's proposal for Saddlebrook development Date: 9/25/13 am writing to express my concern over Steve Gordon's proposal to expand Saddlebrook by 13 more apartment buildings (an additional 142 multi - family units). I live in Saddlebrook Meadows in a home that I purchased through the City of Iowa City's Single- Family New Construction program. I have a three - year -old son and am expecting another child in October. Our neighborhood is comprised of young families, most of whom have children. Saddlebrook Meadows is intended to be a "pocket neighborhood," with a shared green space for gathering, as opposed to individual backyards. Unfortunately, the green space has not been sodded so the only place for our children to play is in our front yards. I am worried that Gordon's proposal will result in a vast increase in traffic right where our children play. I am extremely concerned that Gordon's expansion plan does not include a suitable secondary access road and that the traffic associated with the almost - 150 new units will be routed directly down my street (Whispering Meadow Drive). Even before the proposed expansion, I have concerns about the safety of the children in our neighborhood because there is an ongoing problem with people traveling at high rates of speed as they use our street to access the modular homes and apartments in Saddlebrook. I fear that this will only be exacerbated with the dramatic increase in traffic associated with Gordon's proposed expansion. I feel very strongly that, without a plan for a suitable secondary access road, this expansion plan should not be approved, as it will create a serious safety issue for the children in my neighborhood. Thank you for listening to my concerns. I request that you not approve this development as it is being presented at this time. Megan Schwalm 2834 Whispering Meadow Drive Cell: 319- 936 -8656 4 SEP 2 6 2013 PLANNING AND ZONING COMMISSION APPROVED SEPTEMBER 5,— 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: Carolyn Dyer STAFF PRESENT: Bob Miklo, Bailee McClellan, Sarah Greenwood Hektoen OTHERS PRESENT: Steve Gordon, Mike Pugh, Cindy Roberts, Carroll Smith, Dave Larsen RECOMMENDATIONS TO CITY COUNCIL: 1. The Commission voted 0 -6 to recommend denial of REZ13- 00021, a rezoning to amend the Planned Overlay / High Density Single Family Zone (OPD /RS -12) to allow for the development of six duplexes along Paddock Circle and thirteen multifamily buildings along a proposed private street Shire Lane. 2. The Commission voted 6-0 to recommend that the City send a letter to Johnson County Board of Adjustment recommending approval of the conditional use permit for CU13- 00001. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Rezoning Item REZ13- 00021: Discussion of an application submitted by Steve Gordon for a rezoning to amend the Planned Development Overlay / High Density Single - Family (OPD /RS -12) Plan allowing 73 manufactured housing units on 19.67 -acres of land located south of Paddock Circle. The proposal under consideration would allow 13 apartment buildings with 142 multi - family dwellings and 6 duplexes with 12 dwelling units along Shire Lane, a private road extension from Paddock Circle. Miklo showed the Commission the location of the property and the proposed plan. He showed the plan of what was approved shortly after this area was annexed into the city. He said the entire development at that time was zoned Factory Built Housing, a district which was eliminated in the 2005 rewrite of the Code. In that process this property was changed to High Density Single Family with a Planned Development Overlay (OPC /RS -12). He showed an aerial photograph of the development in the context of the larger neighborhood. He showed where Heinz Road, a public street, ended. He said access to the subject property is via Paddock Planning and Zoning Commission September 5, 2013 - Formal Page 2 of 10 Circle, a private street. He said for Saddlebrook itself, there is a second means of access on Pinto Lane, a private street that becomes public and goes through the Whispering Meadows subdivision. Miklo explained that the proposal is to rezone an area south of Paddock Circle and amend the Planned Development that's in place that currently allows up to seventy -three additional manufactured housing units. He said the proposal is to allow six duplexes or twelve units, and thirteen buildings with 142 apartment units for a total of 156 units. He said that would be a 110 percent increase in the density that's granted by the current plan. Miklo said the Planned Development allows the City to waive underlying zoning requirements in terms of lot area, street configurations, and types of housing in a development to allow clustering or a unique design. He said for that to occur, staff must first look at the criteria in the Code. He said that in terms of this proposal, staff feels that it's lacking in some of the criteria, and the overall design is more like an apartment complex that would normally require multifamily zoning, so they don't feel that this proposal is in compliance with the spirit of Planned Development process or zone. Miklo said another concern is that although there is a future arterial street (McCollister Boulevard) proposed to the south and a collector that will provide access (Heinz Road), much of that infrastructure is not in place and the arterial street is not foreseen to be built within the next five or ten years. He said that raises the concern about an increase in density in a place that relies on private streets that are only twenty -four feet wide. He said the City Transportation Planners estimate that this development would generate about 900 vehicle trips a day added to the roughly 2.200 vehicle trips a day that are already generated by the Saddlebrook Development. He said that raises concerns about increasing density until more of the infrastructure to serve the general area is provided. Miklo said there would be one point of access to the apartment buildings, so there would be fairly large parking lots to drive through to get to the end of the lot. He said staff prefers to break parking lots into smaller components to better direct traffic. Miklo said the Planned Development process does allow the City to waive certain requirements like allowing apartment buildings in what is otherwise a single family zone, but that's usually done to create a public amenity or open space or where there's a mix of housing units within the planned development. He said this proposal calls for the vast majority to be apartment buildings rather than a mix. Miklo said staff finds that the change in financing requirements for manufactured housing that makes it harder to finance them does make a compelling reason for considering alternatives for the development of this property. He said that is not, however, reason enough for more than doubling density or not considering the lack of infrastructure in this area. He said without that public access it's difficult to provide City services. He said staff is recommending denial of this application. Eastham asked if all the Planned Development requirements have to be met for an approval. Miklo said they are all things the Commission should consider when they approve a Planned Development. Eastham asked about public buses and asked if the issue is that they won't operate on a private street. Miklo said it would be difficult to get a bus to circulate and turn around. He said the extension of Heinz Avenue and McCollister Boulevard, a public street, would provide for a public route through this area. Planning and Zoning Commission September 5, 2013 - Formal Page 3 of 10 Freerks opened public discussion. Steve Gordon of AM Management gave a history of Saddlebrook and its evolution. He showed photographs of the development. He said financing options for manufactured homes on leased lots have become unaffordable and generally unavailable. He said the original developer's agreement allowed a total of 416 units in the Saddlebrook Development before secondary access had to be established. He said that additional land had to be purchased to provide the secondary access needed when the 416th unit was built. He said that an amendment to the original developer's agreement, the secondary access requirement, was inadvertently removed. He said the developer could have proceeded with most of the development without secondary access, but they chose to honor the intent of the agreement and the wishes of the City and went ahead and created the secondary access. Gordon said the infrastructure is in place and Saddlebrook is ready to move to the next phase of the development. He said the next phase is platted and approved for seventy -three manufactured homes on land lease lots. He reiterated that acquiring financing for manufactured homes is difficult now and likely to get worse. He said the only viable option under the current, approved site plan would be a low cost manufactured home used as a rental. Gordon said they are seeking to amend their current site plan and build a condominium project and lease the units as an apartment community. He said non - student work force rental housing is needed in this area. He listed the reasons why a quality condominium community is superior to a manufactured home park and why they are seeking the site plan amendment. Gordon said they held five meetings with residents of The Paddock to get their feedback, and he has a petition with sixty -five of the owners within The Paddock in support of their site plan amendment application. He pointed out some highlights of the revised site plan, including trails, a play area, and green space. He said for over two years they have worked on this project and have met with the City, staff and current residents and have made significant changes. He said they have reduced the density of the project and the scale of the buildings and designed the buildings to look like townhouses and attached houses, among other things. He showed pictures of the style of the proposed housing. Gordon pointed out that Bon Aire has 398 units on 58 acres or a density of seven units per acre, using private streets similar to what's within Saddlebrook. He said if this site plan amendment were to be approved, Saddlebrook Part II has a density of less than six units per acre, well within the limits of the Zoning Code or the Comprehensive Plan. Gordon said the applicants question why private streets are okay for manufactured housing but not for condominiums and why manufactured housing with a density of seven to nine units per acre would allow private streets, but a condominium project with less than six units per acre would not. He said they have already provided secondary access on the east with access to Heinz Road and Highway 6 and Pinto Lane to Whispering Meadows on the west, as required in the final plat and the developer's agreement. He said it is not economically feasible at this time to extend Heinz Road. He said they have not been able to reach a compromise with the City on this project. He said they are asking the Commission for a different type of residential unit that is in demand and needed, is aesthetically pleasing, will provide a substantial increase in tax revenue, will provide a boost to the local economy and is supported by the residents who have already made an investment in the Saddlebrook community as they look to maintain and enhance their investment. Freerks asked if it's possible that the applicants would be interested in this housing type at the Planning and Zoning Commission September 5, 2013 - Formal Page 4 of 10 same density they currently have. Gordon said the economics of that would not make sense as the land value of a manufactured housing site and a house on that site is more valuable than the land value per unit of a multifamily type development. Eastham asked if it's possible to just sell the lots and let people develop their own manufactured housing. Greenwood Hektoen said there aren't separate, platted lots on the site. Eastham asked if it could be subdivided. Miklo said it's possible, but they would have to go through the subdivision process. Gordon said they just developed and put in a very large subdivision to the west which will take a long time to sell through. He said they have many, many acres of single family development ground, and the market will just not absorb that many single family homes. Eastham asked if Gordon knew of any physical obstacle to having a different street design, one that might eliminate some of staffs concerns. Gordon said he didn't believe so. Gordon provided copies of a letter from a tenant explaining the difficulty they had finding quality non - student housing and the petition from the current residents and a letter from Casey Cook, an appraiser, summarizing his analysis. Freerks said she needed to clarify that these leases can't be guaranteed for one kind of renter, and Gordon agreed. Mike Pugh, the legal representative for the applicant, said the applicant is here to ask the Commission to consider an amendment to the existing OPD development site plan. He said amending an approved OPD plan is to be by ordinance in accordance with the approval procedures of a Planned Development Overlay rezoning. He said when there are substantive changes to the plan, which this application presents, this reference speaks to the process of rezoning only. He said the Code is clear that the substantive requirements of an OPD Plan are those set forth among the approval criteria in Section 14 -3A -4. He said once approved, the OPD becomes the substantive part of the rezoning, so references to general principles and broad concepts of the Comprehensive Plan provide little relevance to the specific approval criteria found in the OPD ordinance. Pugh reviewed the specific approval criteria. He said this property is well under the density limitations under the OPD zone. He said all of the specific approval criteria in the OPD ordinance have been met with this plan. He said this lot has already been subdivided, so considerations about infrastructure and street access to this lot were already approved as part of Saddlebrook Part II subdivision process. He said there was discussion then that the number of units allowed in this area would be limited to 416 without secondary access. He said the developer did nothing for almost seven years because of that limitation, then had to spend millions of dollars purchasing and developing an adjacent property so a private street could be extended and connect with a public street. He said he doesn't think it's fair or equitable to burden this developer now and be told that they can't have any more units in part because McCollister has not been constructed. He claimed that it is the City's cost and responsibility to build McCollister Boulevard. Pugh said the neighbors are overwhelmingly in support of this project. Eastham asked if Pugh thought that the scope of review does not include the current requirements for interconnected streets. Pugh responded the scope of review is the specific approval criteria under the Code, and several of those issues are somewhat of a duplication of what's in the subdivision ordinance. He said that several of the things that are contained in the Planning and Zoning Commission September 5, 2013 - Formal Page 5 of 10 City's Subdivision Code are also articulated in the OPD Ordinance. Greenwood Hektoen said because there are substantial deviations from the approved OPD Plan that raise public safety and welfare concerns, the Commission can consider some of the more general concepts that are espoused in the Zoning Code about traffic circulation. Freerks said as has happened so many times before when an OPD is changed drastically, the Commission looks at everything again because it really is a whole new development. Eastham asked if the allowed density under RS -12 zoning would be 73 or so units on this lot based on the amount of land that needs to be set aside for storm water management. Miklo said the estimate is based on taking out the land needed for storm water detention. Eastham said he thought the Code clearly allowed developers to count the entire lot size, no matter what part of the lot was actually developable in determining the maximum allowed density. Miklo said it's a judgment call. He said if the developer can draw plans with streets and individual lots you might be able to get a few more than seventy units, but nothing close to the 154 being proposed here. Freerks asked how big the storm water detention area was. Miklo said it was roughly five acres. Eastham asked if its capacity for this additional development has been calculated yet. Miklo said it hadn't. Gordon said the storm water for the entire development has been put into place including the sixty acres to the west. He said this development could change those calculations. Miklo said when this land was annexed and zoned, there was a concept plan for an arterial street, later named McCollister Boulevard, to be built along the southern boundary of the development. He said there was no timing commitment on the part of the City for that construction, and that is one of the reasons they put a cap of 416 units until secondary access was built. He said they knew for the full development of this area there would need to be more street access than Heinz Road. He said on the original plan, they didn't anticipate secondary access through the private streets in Saddlebrook itself but from public streets to the east or south. He said a later amendment to the plan that the applicant sought came through with this private street connection to what eventually became a public street to the west (Pinto Lane). He said the concern about secondary access is that these streets were designed for a manufactured housing park, meaning they are more narrow than normal and not designed for the volume of traffic that would go through this neighborhood. He said staff feels that the heavier traffic that would be created by this approval should be going back to a public street. Cindy Roberts of 2034 Grant Wood Street said she doesn't live in Saddlebrook, but has some concerns. She said she is impressed with the way Gordon has developed the area. She said a plan that contains so many units is a plan looking at the dollar signs and not how well this will blend in with the current Saddlebrook neighborhood and surrounding neighborhoods. She said there is no plan for a suitable secondary access road, which will result in substantially increased traffic through the Whispering Meadow residential area and Lakeside Drive. She said neither Pinto Lane nor Whispering Meadow Drive is designed for increased traffic and would definitely create congestion and potential safety issues. Roberts said she thinks the Good Neighbor Policy should encompass a much larger area than it does now, since this development would certainly affect neighborhoods in the adjacent areas. She said it's crucial that City officials and Iowa City School District communicate on housing developments and how schools factor in. She gave an example of the Grant Wood Elementary Planning and Zoning Commission September 5, 2013 - Formal Page 6 of 10 School with seven portable buildings in use, which means that approximately thirteen offices or classrooms are not able to be housed within that school. She said this development would add substantially to already concentrated multiple family housing. She said it is ill advised for the specific area and the surrounding neighborhoods and is not in line with the Comprehensive Plan. Carroll Smith of 220 Paddock Circle said he doesn't think that 900 additional trips per day, which breaks down into one and one -half trips per minutes if they occur over a ten hour period, sounds like a lot to him. Smith said he participated in getting petitions signed, and he found no opposition within the neighborhood. He said the neighborhood strongly supports the application because it will allow continual improvement to Saddlebrook addition, it will maintain property values, architectural styles, will provide more green space and recreational activities, and will add to the cultural and diversity factor of the neighborhood. Smith said that the developer had counted on the extension of McCollister Boulevard and Heinz Road to continue the development in the way that it was planned, but forces outside his control have necessitated changes. He asked if the citizens and residents of the Paddock be allowed to improve their neighborhood and increase or hold the value of their property. He indicated the number of residents of Saddlebrook in attendance who support this application. Miklo clarified that it's never been in the City's Capital Improvement Plan to build McCollister Boulevard in this area. He said staff knew that with a large development that road would eventually need to be built, and that's why it's on paper. He said that Heinz Road is a collector street and is the responsibility of the developer. Freerks closed public discussion. Eastham moved that this item be deferred until the Commission's next meeting. Thomas seconded. Eastham said he's not all that bothered about the building type or the density, but is primarily concerned about the street design because people living in Paddock Circle and the proposed development would be better served by a more interconnecting street design. He said he doesn't know how to address that problem. Thomas said he is also concerned about the vehicular connectivity. He's concerned how this development ties into the surrounding network of streets with Paddock Circle being such a critical component. Martin said that looking at the street design, it more resembles a long parking lot than a street. She said she doesn't know if this is the most efficient use of pavement. She said there is parking along both sides of Heinz Road and at certain times of day it's very congested, and that's something that concerns her no matter what type of housing goes in here. Eastham said the first element of the street issue is the internal street design within the proposed development and the second is the connection of those streets to access. Freerks said she doesn't see how this happens at this density with the proposed street structure. She said what they need is something more. She said these streets weren't meant to take the kind of traffic proposed. She said the Commission could defer it, but she doesn't see how in two weeks' time they can make those roads happen as well as look at storm water Planning and Zoning Commission September 5, 2013 - Formal Page 7 of 10 calculations, density, the parking doesn't meet code and all the other issues they have to look at. Eastham said deferring it gives the developer some time to listen to the Commission's input. He argued that they have deferred proposals over three or four meetings to give developers more time to figure out what to do. Theobald said she feels the application has problems in all four of the general points, and she doesn't see that changing in two weeks either. Freerks said she knows a lot of work has been put into this, and it's a nice development as it is and as it was initially proposed and approved. She said it's an asset to the community. She said she knows there's a need for work force rental housing, but there's no guarantee that this would be such housing if the Commission approves the application. She feels thirteen apartment buildings offers no diversity and alters the dynamic. Eastham asked what the reaction would be if the developer proposed extending Heinz Road to some point south to provide access to this development without using the private streets. Miklo said that's' something the staff discussed with the developer before this was an application. Eastham asked if the developer has to bear the entire cost of extending Heinz Road. Miklo explained that Heinz Road is a collector street, and the City doesn't build collector streets. Freerks said that only extending the road might not be enough for her. She said she would like to see more diverse housing. Eastham said the road would at least give the chance to talk about composition. He said there are some real benefits in terms of amenities that many people would find attractive. Thomas said he also has concerns about the internal road circulation. He said there was reference to pedestrian- oriented street frontage, but he's concerned that the Commission get a better sense of what that means with the projects that come before them. He said basically what are linear parking lots double as access roads. with right angle parking and the sidewalks directly behind the curb, with two feet of the sidewalk lost to the automobiles. He said he supports the concept and thinks there are some wonderful things that have been incorporated into this plan with some of the open space elements, but the actual layout of the site with respect to the street and the parking are major stumbling blocks for him. A vote was taken and the motion to defer was denied 1 -5 ( Eastham in favor). Thomas moved to approve REZ13- 00021, a rezoning to amend the Planned Overlay / High Density Single Family Zone (OPD /RS -12) to allow for the development of six duplexes along Paddock Circle and thirteen multifamily buildings along a proposed private street Shire Lane. Swygard seconded. A vote was taken and the motion was denied 0 -6. 5f Prepared by: Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ- 00024) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 3.77 ACRES FROM INTERIM DEVELOPMENT SINGLE FAMILY (ID -RS) ZONE TO PLANNED DEVELOPMENT OVERLAY — LOW DENSITY SINGLE FAMILY (OPD -5) ZONE FOR CARDINAL RIDGE PART 4, LOCATED ON CAMP CARDINAL ROAD SOUTH OF KENNEDY PARKWAY. (REZ - 00024 /SUB13- 00018) WHEREAS, the applicant, The Crossings Development LC, has requested a rezoning of property located at Camp Cardinal Road from Interim Development Single Family (ID -RS) zone to Planned Development Overlay — Low Density Single Family (OPD -5); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for single - family residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of ID -RS to OPD -5: LEGAL DESCRIPTION: A PART OF OUTLOT "C ", CARDINAL POINTE SOUTH PART ONE AS RECORDED IN BOOK 53, PAGE 153 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND A PART OF OUTLOT "D ", CARDINAL POINTE SOUTH PART TWO AS RECORDED IN BOOK 52, PAGE 279 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN; THENCE S018'40 "W ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER AND THE WEST LINE OF OUTLOT "E ", CARDINAL RIDGE PART TWO AS RECORDED IN BOOK 50, PAGE 55 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, 674.54 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE N20 °52'10 "W, 299.58 FEET; THENCE N23 °39'53 "W, 98.09 FEET; THENCE N12 °11'00 "W, 180.00 FEET; THENCE N9 °47'39 "W, 101.86 FEET; THENCE N1 °52'18 "W, 106.42 FEET; THENCE NO °02'58 "E, 356.96 FEET TO THE SOUTHERLY RIGHT Ol�WAY OF KENNEDY PARKWAY; THENCE EASTERLY 141.30 FEET ALONG SAID SOUTHERLY RIGHT OF WAY AND THE ARC OF A 826.43 FOOT RADIUS CURVE, CONCAVE NORTHERLY (CHORD BEARS S84 °48'52 "E, 141.13 FEET); THENCE SOUTHEASTERLY 31.36 FEET ALONG SAID SOUTHERLY RIGHT OF WAY AND THE WEST RIGHT OF WAY OF CAMP CARDINAL ROAD AND THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S44 °51'28 "E, 28.24 FEET); THENCE SO °19'07 "W ALONG SAID WESTERLY RIGHT OF WAY, 108.03 FEET; THENCE S89 °41'07 "E ALONG THE SOUTH RIGHT OF WAY OF CAMP CARDINAL ROAD, 50.00 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 12 AND THE WEST LINE OF SAID OUTLOT "E "; THENCE SO °19'07 "W ALONG SAID EAST LINE AND SAID WEST LINE, 293.80 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 164,159 SQ.FT., 3.77 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be Ordinance No. Page 2 invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by k(�u 44 City Attorney's Office !v J / lP/! 3 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 11/12/13 Voteforpassage: AYES:Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 12/03/13 Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published 5g Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (R EZ 13 -00019 ORDINANCE NO. 13 -4562 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.31 ACRES LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF MELROSE AVENUE AND WESTWINDS DRIVE FROM LOW DENSITY MULTI- FAMILY (RM -12) TO PLANNED DEVELOPMENT OVERLAY /LOW DENSITY MULTI - FAMILY (OPD- RM12). (REZ13- 00019) WHEREAS, the owner, Willowwind Properties, LLC, has requested a rezoning of property located at Willow Wind Place and Westwinds Drive from Low Density Multi - Family (RM -12) to Planned Development Overlay /Low Density Multi - Family (OPD- RM12); and WHEREAS, the owner proposes to develop Westwinds Second Addition, a 2 -lot residential subdivision including an existing duplex and a seven unit multi - family building; and, WHEREAS, the Southwest District Plan indicates that low- density multi - family residential uses are appropriate for the property; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for restoration of the stormwater detention facility, driveway and parking easements, pedestrian access, and design review of the building; and WHEREAS, Iowa Code §414.5 (2011) 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 requested change; and WHEREAS, the owner agrees that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RIM-12 to OPD /RM12: A portion of Lot 3, Westwinds Subdivision, Iowa City, Iowa, according to the recorded plat thereof, more particularly described as follows: Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 °13'31 "W, 1875.00 feet on the centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast Corner of the Westwinds; thence West 796.65 feet; thence N00 016'31 "W, 529.34 feet to the Point of beginning; thence N00 °16'31 "W, 186.02 feet; thence N89 °10'16 "E, 139.00 feet; thence S00 °50'44 "E, 139.50 feet; thence N89 °09'16 "E, 19.00 feet; thence S00 050'44 "E, 48.87 feet; thence West 159.87 feet to the Point of Beginning. Also including: Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 013'31 "W 1875.00 feet on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of the Westwinds; thence west 796.65 feet; thence N00 016'13 "W, 715.36 feet to the southerly right - of -way line of Melrose Avenue; thence N89 °09'16 "E, 139.00 feet to the Point of Beginning; thence N89 °09'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve, concave Southwesterly, whose 28.40 foot chord bears S45 036'49 "E; thence S00 022'55 "E, 57.45 feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly 51.17 feet Ordinance No. 13-456 Page 2 along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears S02 016'24 "E; thence SO4 °09'53 "E, 70.86 feet; thence S89 °09'16 "W, 140.70 feet; thence N00 050'44 "W, 60.00 feet; thence S89 "09'16 "W, 19.00 feet; thence N00 °50'44 "W, 139.50 feet to the Point of Beginning. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _3rd day of December 2013. MAYOR ATTEST: C CITY CLERK App oved by Z' ' Iveex, City Attorney's Office -71(P �� Ordinance No. 13 -4562 Page 3 It was moved by Dobyns and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 10/15/13 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 11/12113 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Date published 12112/13 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00019) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Willowwind Properties, LLC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 1.31 acres of property located at Willow Wind Place and Westwinds Drive; and WHEREAS, the Owner has requested the rezoning of said property from Low Density Multi- family (RM -12) to Planned Development Overlay /Low Density Multi- family (OPD- RM12); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding restoration and maintenance of the existing storm water detention facility and vehicular and pedestrian access to the property, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) 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 requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for access to the property and storm water maintenance; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Willowwind Properties, LLC is the legal title holder of the property legally described as: A portion of Lot 3, Westwinds Subdivision, Iowa City, Iowa, according to the recorded plat thereof, more particularly described as follows: Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 °13'31 "W, 1875.00 feet on the centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast Corner of the Westwinds; thence West 796.65 feet; thence N00 °16'31 "W, 529.34 feet to the Point of beginning; thence N00 °16'31 "W, 186.02 feet; thence N89 °10'16 "E, 139.00 feet; thence S00 °50'44 "E, 139.50 feet; thence N89 009'16 "E, 19.00 feet; thence S00 °50'44 "E, 48.87 feet; thence West 159.87 feet to the Point of Beginning. Also including: Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 013'31 "W 1875.00 feet on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of the Westwinds; thence west 796.65 feet; thence N00 016'13 "W, 715.36 feet to the southerly right- ppdadm /agt /rez13 -00019 conditional zoning agreement .doc of -way line of Melrose Avenue; thence N89 °09'16 "E, 139.00 feet to the Point of Beginning; thence N89 009'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve, concave Southwesterly, whose 28.40 foot chord bears S45 °36'49 "E; thence S00 °22'55 "E, 57.45 feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly 51.17 feet along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears S02 016'24 "E; thence SO4 009'53 "E, 70.86 feet; thence S89 °09'16 "W, 140.70 feet; thence N00 050'44 "W, 60.00 feet; thence S89 "09'16 "W, 19.00 feet; thence N00 °50'44 "W, 139.50 feet to the Point of Beginning. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) 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 caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. A plan for maintenance of the stormwater detention facility to be submitted and approved by the City Engineer with the final plat. b. Restoration of the existing stormwater detention facility, including removal of brush, silt and debris as required by and to the satisfaction of the City Engineer prior to the issuance of any building permit for any work on the subject land c. An easement agreement for the shared use of the private driveway that provides vehicular access to the subject properties from Westwinds Drive shall be entered into prior to or concurrent with the final platting of any portion of the subject land. d. An easement agreement to allow Lot 3 of Westwinds to use the existing parking spaces on the proposed Lot 1 and 2 of the Westwinds Second shall be entered into prior to or concurrent with the final platting of any portion of the subject land. e. Review and approval of the building design by the Design Review Committee at the time of site plan review. f. Provision of a pedestrian access along Willowwind Place to Westwinds Drive at time of site plan review and installed prior to the issuance of a certificate of occupancy for any dwelling unit on the subject property. g. Provision of an accessible pedestrian route from the any building to Melrose Avenue to be shown on the site plan and installed prior to the issuance of a certificate of occupancy for any dwelling unit on the subject property. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all development 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 of Iowa City. ppdadm /agt/rez13 -00019 conditional zoning agreement .doc 2 The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other 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 Courity Recorder's Office at the Applicant's expense. Dated this %rhday of de--,4o bee 2013. CITY OF IOWA CITY OWNER ten„ J�� 0-4—T . Matthew Hayek, Mayor By: 01-op av firs Attest: Maria -K. Karr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 0 g De .P, -)2..�L'!" 3'�t 2013 by Matthew Hayek This instrument was acknowledged before me on ' and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. KELLIE K. TUTTLE Commission Number 221819 z My Co mis 'on Expires Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ppdadm /agt1rez13 -00019 conditional zoning agreement. doc 3 10/11/2013 11:37 6126261496 LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this II'"""day of (�Cle Ger , A.D. 20 1 3 , before me, Public in and for the State of +�►��ewu, P0641/ 5 D' / ;,, -,to me personally known, w did say that the person is . jPtydr�it PAGE 01/04 the undersigned, a Notary personally appeared o being by me duly swom, �idpwi4Gr (title) of and that said instrument was signed on behalf of the said mited liability company by authority of its managers and the said ��� �,�• acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed, R Notary Public in and for the StateANowa yh,�nt$�j My commission expires: BONITA H. FALKINOHAM P40TA RY PUBLIC MINNESOTA MY rA"16010n EXP1nrn Jan. 81, 2016 DOdadm/*RVraz13.00019 oondlllonnlzoning nprnamnnt,Qa4 4 10/11/2013 11:37 6126261496 PAGE 04/04 Prepared by. Bailee McClellan, Planning Intern. 410 E. Washington, Iowa City, IA 52240 (319) 3565230 (RE213.00019) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Willowwind Properties, LLC (hereinafter "Owner "). WHER S, Owner is the legal title holder of approximately 1.31 acres of property located at Willow ind Place and Westwinds Drive; and WHEREAS, a Owner has requested the rezoning of said property from Low Density Multi- family (RM -12) t Planned Development Oveday /Low Density Multi - family (OP - RM12); and WHEREAS, the Plan ' g and Zoning Commission has determined that, ith appropriate conditions regarding restorat n and maintenance of the existing storm watgedetention facility and vehicular and pedestrian cess to the property, the reque/Clof consistent with the Comprehensive Plan; and WHEREAS, Iowa Code § 14.5 (2011) provides that ta City may impose reasonable conditions on grantin an applicant's rezoning rnd above existing regulations, in order to satisfy publi needs caused by the requ and WHEREAS, the Owner ack owle reasonable to ensure the developmMerl of Plan and the need for access to the WHEREAS, the Owner agrees to conditions of a Conditional Zoning f NOW, THEREFORE, in consideration of agree as follows: / 1. Willowwind Properties, LLC )es that cent n conditions and restrictions are ie propertYA property ' consistent With the Comprehensive and storrvKwater maintenance; and in accordance with the terms and mutual promises contained herein, the parties holder of the property legally described as: A portion of Lot 3, Weslw' ds Subdivisio Iowa City, Iowa, according to the recorded plat thereof, more particularly d cribed as follows. Commencing at the S utheast Comer of the outhwest Quarter of the Northwest Quarter of Section 17, Townshl 79 North, Range 6 West f the 5th P.M.; thence N00'13'31"W, 1875.00 feet on the centerl' a of Mormon Trek Bouleva ; thence West 524.10 feet to the Southeast Corner of the We nds; thence West 796.65 feet; hence N00'16'31"W, 529.34 feet to the Point of beginning; t ence N00'16'31 "W, 186.02 feet; the N89'10'16 "E, 139.00 feet; thence S00'50'44 "E. 39.50 feet; thence N89'09'16 "E, 19. 0 feet; thence S00'50'44 "E, 48.87 feet; thence West, 59.87 feet to the Point of Beginning. Also Commeencing at the Southeast comer of the Southwest uarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P. thence N00013'31'W 1875.00 feet on•the Centerline of Mormon Trek Boulevard; thence West 524,10 feet to the Southeast corner of the Westwinds: thence west 796.65 feet; thence N004613"W, 15.36 feet to the southerly right - ppdndnVa9droz13.00019 cendlftnal w1n0 agrnn"c+ni An 1 10/11/2013 11:37 6126261496 PAGE 03/04 of -way line of Melrose Avenue; thence N89 009116 "E, 139.00 feet to the Point of Beginning hence N89 °09'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot d' s curve, concave Southwesterly, whose 28.40 foot chord bears S45e36'49 "E; thence S00022! 6"E, 57.45 feet along the Westerly right -of -way line of Westwinds Drive; thence Southeas y $1.17 feet along a 775.00 foot radius curve concave Northeasterly whose 51.16 f chord bears S02 "16'24 "E; thence SO4e09'53 "E, 70.86 fed` thence S89e09'16"W, 14!94.i6 feet; thence NOOe50'44"W, 60.00 feet, thence S89"09'16"W� 19.00 feet; thence N00 °50' "W, 139.50 feet to the Point of Beginning. 2. The Owner acknowledges that the City w of the Comprehensive Plan. Further, the (2011) provides that the City of Iowa City i an applicant's rezoning request, over an satisfy public needs caused by the reques 3. In consideration of the City's rezoning development of the subject property will cc chapter, as well as the following conditions: yes to ensure co ormance to the principles arties acknowl ge that Iowa Code §414.5 ty impose re onable conditions on granting above the xisting regulations, in order to I change. :� ke s ject property, Owner agrees that to all other requirements of the zoning a. A plan for maintenance of the storm to detention facility to be submitted and approved by the City Engineer with a fin I plat. b. Restoration of the existing storm ter dete tion facility, including removal of brush, silt and debris as required by an to the sati faction of the City Engineer prior to the issuance of any building p mit for any rk on the subject land c. An easement agreement for a shared use the private driveway that provides vehicular access to the sub' ct properties fro Westwinds Drive shall be entered into prior to or concurrent 'th the final platting f any portion of the subject land. d. An easement agreemen c allow Lot 3 of We nds to use the existing parking spaces on the propose Lot 1 and 2 of the West 'nds Second shall be entered into prior to or concurr nt with the final platting of ny portion of the subject land. e. Review and approva of the building design by the esign Review Committee at the time of site pia eview. f. Provision of a ped stria access along Willowwind ace to Westwinds Drive at time of site plan r view and installed prior to the issu nce of a certificate of occupancy for a y dwelling unit on the subject prope g. Provision of a accessible pedestrian route from the a building to Melrose Avenue to be hown on the site plan and installed prior o the issuance of a certificate of ccupancy for any dwelling unit on the subj ct property. 4. The Owner and Vity acknowledge that the conditions contain herein are reasonable conditions to irrIpose, on the land under Iowa Code §414.5 (2011), and that said conditions satisf public needs that are caused by the requested oning change. 5. The Owner a d City acknowledge that in the event the subject p oPe rty is transferred, sold, redevel ped, or subdivided, all development will conform th the terms of this Conditional oning Agreement. 6. The pantie acknowledge that this Conditional Zoning Agreement sha be deemed to be a covens t running with the land and with title to the land, and shall r ain in full force and of e t as a covenant with title to the land, unless or until released f record by the City of Iowa City, ppdedlNapllroz13.0gg9g road leM zoning c9mnrnnnt,4nr; 2 10/11/2013 11:37 6126261496 The parties further acknowledge that this agreement shall inure to all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Z it construed to relieve the Owner or Applicant from complyi wi local, state, and federal regulations. PAGE 02/04 benefit of and bind Agreement shall be all other applicable U. The parties agre that this Conditional Zoning Agre ment shall be incorporated by reference into the rdinance rezoning the subject pr erty, and that upon adoption and publication of the o dinance, this agreement shall a recorded in the Johnson County Recorder's Office at a Applicant's expense. Dated this L Ifi` day of Ic►er' 13. CITY OF IOWA CITY OWNER Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's 01 CITY OF IOWA C STATE OF IOWA JOHNSON C04 ACKNOWLEDGEMENT: ss: le�zl --Z - mc, -,/., By: c.6.0 By: This instrume t was acknowledged before me on N , 2013 by Matthew Hayek and Marian . Karr as Mayor and City Clerk, respectively, of a City of Iowa City, Notary Public in and or the State of (Stamp or Seal) Title (and Rank) ppdndmiapUm» a -nnn7P rnnditmal mninp aaroownt A= 3 ro C(apr Prepared by: Ron Knoche, Engineering, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5139 ORDINANCE NO. -- AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, "STORMWATER UTILITY FE " AND AMENDING TITLE 16 iNTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIE ' ARTICLE G, "STORM WATER C LLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) CHANGE THE RATE OF THE STO MWATER UTILITY FEE. WHEREAS, pursuant to Ch pters 384 and 388, Code of Iowa (2013) the City of Iowa City is authorized to establish a stormwa r utility and provide for the collection of rates and charges to pay for said utility; and ;` WHEREAS, stormwater utility rate fund the stormwater utility stem over time; and WHEREAS, the flat rate for an Equi lent Residential Unit ERU) will increase from $3.00 to $3.50, and the multiplying rate for non - residential operties will incre e from $1.25 to $1.50. NOW, THEREFORE, BE IT ORDAINED BXTHE COUI�tIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter \Segion 6, entitled "Stormwater Utility Fee" is hereby amended by increasing the fee to $3.50. X` SECTION II. AMENDMENT. Title 16, Chapfer Article G, Section 10, Subsection F, entitled "Determination of Storm Water Utility Charge ", F1'aragraph , is hereby amended by substituting one dollar twenty five cents ($1.25) with one dollar fifty c,p6ts ($1.50). SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. I any section, provision or part of,,' Ordinance shall be adjudged to be invalid or unconstitutional, such , djudication shall not affect the valid(ty of the Ordinance as a whole or any section, provision or part ther f not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE ATE. This Ordinance shall be in effect January 1, 2014. w Passed and approved this day of _,20 0 © C-* my � 01-{ i MAYOR ft`3 —J T" ATTEST: M CITY CLERK of m Co A owed by > CYN City Attorney's Office 10 Prepared by: Ron Knoche, Engineering, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5139 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. WHEREAS, pursuant to Chapters 384 and 388, Code of Iowa (2013) the City of Iowa City is authorized to establish a stormwater utility and provide for the collection of rates and charges to pay for said utility; and WHEREAS, stormwater utility rates fund the stormwater utility system over time; and WHEREAS, the flat rate for an Equivalent Residential Unit (ERU) will increase from $3.00 to $3.50, and the multiplying rate for non - residential properties will increase from $1.25 to $1.50. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 6, entitled "Stormwater Utility Fee" is hereby amended by increasing the fee to $3.50. SECTION II. AMENDMENT. Title 16, Chapter 3, Article G, Section 10, Subsection F, entitled "Determination of Storm Water Utility Charge ", Paragraph 3, is hereby amended by substituting one dollar twenty five cents ($1.25) with one dollar fifty cents ($1.50). SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect January 1, 2014. Passed and approved this day of 120 MAYOR ATTEST: CITY CLERK X A oved by (C /v� /1' � City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 12/03/13 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 11 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. 13 -4563 ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 5, ENTITLED "CITY PLAZA," AND CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," TO MAKE CURRENT REGULATIONS ON CITY PLAZA APPLY TO BLACK HAWK MINI PARK. WHEREAS, in the City Code, the definition of City Plaza, aka the ped mall, does not explicitly include Black Hawk Mini Park; WHEREAS, City Council has adopted various Code provisions over the past several years that do not apply to both City Plaza and Black Hawk Mini Park; WHEREAS, this ordinance will provide the intended uniformity of regulations in these locations; WHEREAS, Ordinance No. 13 -4554 incorrectly states a restriction applicable to the "100" block of S. Clinton Street, whereas it should state the "0 -99" block; WHEREAS, this ordinance furthers the health, safety and welfare of the City, and it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," Section 1, entitled "Smoke Free Places Itemized," is amended by adding the following new Subsection R: Black Hawk Mini Park 2. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Solicitation," Subsection B, is amended by deleting "100" immediately preceding "block S. Clinton Street" in Paragraph 1i and substituting in lieu thereof "0 -99." 3. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Solicitation," Subsection B, is amended by adding the following new Subsection 1j: To solicit in Black Hawk Mini Park 4. Title 8, entitled 'Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 10, entitled "Sitting and Lying on Sidewalks," is amended by adding the following sentence after the word "amenity" at the end of Subsection A: For purposes of this Section, "right of way in the downtown" includes Black Hawk Mini Park. 5. Title 8, entitled 'Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 14, entitled "Storage of Property," is amended by adding the following sentence at the end of the definition in of "downtown" in Subsection A: For purposes of this Section, "right of way in the downtown" includes Black Hawk Mini Park. 6. Title 8, entitled 'Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 15, entitled "Electrical Outlets," is amended by adding the following sentence at the end of Subsection A: For purposes of this Section, "right of way in the downtown" includes Black Hawk Mini Park. 7. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2, entitled "Definitions," is hereby amended by adding the following sentence at the end of the definition of "City Plaza ": For purposes of Title 10, City Plaza includes Black Hawk Mini Park. 8. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Acts in Parks," is hereby amended by deleting Subsection J1 in its entirety and substituting in lieu thereof the following new Subsection J1: No person shall travel upon or operate a bicycle or nonmotorized vehicle within Chauncey Swan Park or Black Hawk Mini Park. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Ordinance No. X563 Page 2 SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of December , 2013. MAYOR // ATTEST: ' CI -LERK Approved by City Attorney's Office Ordinance No. 13 -4563 Page 3 It was moved by Mims and seconded by Dobyns that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek g Mims g Payne x Throgmorton First Consideration 11/12/13 Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration -------- - - - --- Vote for passage: Date published 12/12/13 Moved by Mims, seconded by Dobyns, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None ABSENT: None. 12 Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 -356 -5030 ORDINANCE NO. 13 -4564 ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 2, LIQUOR LICENSES AND BEER PERMITS, SECTION 2, PREMISES REQUIREMENTS, SUBSECTION B, TO MODIFY AND CLARIFY THE GROUND FLOOR REQUIREMENT. WHEREAS, the City has long prohibited new liquor license space outside the ground floor so as to maximize safety, in that the ability of the police department and fire department to quickly access and respond to emergencies outside the ground floor is diminished, and their services are needed more frequently in drinking establishments; and WHEREAS, Ordinance No. 97 -3790 contained a whereas clause stating that, "liquor and beer may only be served, consumed, and stored on the ground floor of an establishment ", outside of several delineated exceptions, making clear Council intent, despite that intent being less clear in the actual language of the ordinance; and WHEREAS, Council wishes to reinforce, through Code language, their intent, as well as excluding from the Code's application low- occupancy outdoor rooftop patio use associated with indoor commercial recreational use, such as that of FilmScene, as the risks associated with commercial recreational uses is lower than with eating or drinking establishments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 2, LIQUOR LICENSES AND BEER PERMITS, SECTION 2, PREMISES REQUIREMENTS, SUBSECTION B, is hereby amended by deleting the subsection and substituting the following language: B. No liquor control license nor beer permit for serving and consuming on premises shall be approved for an establishment which is not located entirely on the ground floor of a building and which does not contain windows which permit visibility of its interior from the public way, except for hotels, motels, restaurants, private clubs, theaters that have live performances as their principal function, and outdoor rooftop patios (with an occupant load under 50) associated with an indoor commercial recreational use. An establishment will be considered to be on the ground floor if it is located on a mall level. This provision shall not be applicable to premises licensed prior to July 1, 1997. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this 3rd day of December , 2013. � MAYOR — � ATTEST: A&44�' ' lLW CITY CLERK Appr ed by # City Attorney's Office (( Ordinance No. 13 -4564 Page 2 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 11/12/13 Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration -- Vote for passage: Date published 12/12/13 Moved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the sedond consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES:Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. 12-03-13 13 Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CHANGE THE DEFINITION OF PEDICAB. WHEREAS, the City Code defines a pedicab as a vehicle propelled only by human power; WHEREAS, Velotaxis are 3- wheeled tricycles used in U.S. and international cities to transport passengers for hire that utilize a small motor to provide additional power for large hills; WHEREAS, the definition of pedicab should be amended in order to treat Velotaxis, or similar vehicles, as pedicabs for purposes of taxicab business licensing; and WHEREAS, it is in the public interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 1, entitled "Definitions," is amended by deleting the definition of "pedicab" and substituting the following new definition of "pedicab ": A vehicle propelled primarily by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. A motor may assist or supplement the human power, but the pedicab cannot be propelled exclusively by the motor. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn signals, and operates without a taximeter. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2013. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 12/03/13 Vote for passage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published