HomeMy WebLinkAbout2017-08-01 Public hearingNOTICE OF PUBLIC HEARING
Notice Is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7.00 p.m. on the 20th day of June, 2017, in Emma
J. Harvat Hall, 410 E.'Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the
next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
1. An ordinance conditionally rezoning
approximately 0.62 acres of lend from
Community Commercial (CC -2) Zone to
Riverfront Crossings — West Riverfront
(RFC -WR) zone for property located at
513 S. Riverside Drive (REZ17-00005).
A copy of the proposed ordinance is on fife for
public examination in the office of the City Clerk,
City Hall, Iowa City, Iowa. Persons wishing to
make their views known for Council consideration
are encouraged to appear at the above-
mentioned time and place.
JULIE VOPARIL, DEPUTY CITY CLERK
f�
To: Planning and Zoning Commission
Item: REZ17-00005
GENERAL INFORMATION:
Applicant:
Contact:
Requested Action
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
STAFF REPORT
Prepared by: Karen Howard
Date: May 18, 2017
513 Riverside, LLC
528 S. Clinton Street
Iowa City, IA 52240
Charles Graves
13 Woodcrest Lane NE
Iowa City, IA 52240
319-337-4700
Charlie@cghanson.com
Rezone 513 South Riverside Drive from Community
Commercial (CC -2) zone to Riverfront Crossings -
West Riverfront (RFC -WR)
Redevelop the property according to the Riverfront
Crossings — West Riverfront standards
513 S. Riverside Drive
Approximately 0.6 acres (27,040 square feet)
vacant -former convenience store/gas station (CC -2)
North: undeveloped - University of Iowa (P-2)
South: fast food/take-out restaurants (CC -2)
East: used auto dealership (CC -2) and Iowa River
West: multi -family residential (RM -44)
March 30, 2017
May 14, 2017 (waived by applicant)
The applicant, 513 Riverside LLC, has requested a rezoning from Community Commercial (CC -2)
Zone to Riverfront Crossings West Riverfront (RFC -WR) Zone for 0.6 acres at 513 S. Riverside
Drive. This property is currently vacant, but was previously a Kum & Go convenience store and
gas station. Kum & Go vacated and sold the property when they moved the operation to their new
location at the corner of Benton and Riverside Drive. The property is located in the Riverfront
Crossings West Riverfront subdistrict and is directly adjacent to the west campus area of the
University of Iowa and across the street from properties that abut the Iowa River and the Iowa
River Corridor Trail.
In 2016 the City of Iowa City conducted a planning effort to improve conditions along Riverside
Drive for pedestrians and to improve the aesthetics of the corridor to encourage reinvestment and
redevelopment. This planning effort resulted in the South Riverside Drive Streetscape Master
Plan. The first phase of implementation of that plan will include a pedestrian tunnel through the
railroad embankment, full signalization and pedestrian crossing at the Myrtle intersection, and
improved sidewalks, parkway buffer and street trees from the Myrtle Avenue to Benton Street
along the west side of Riverside Drive. Similar to properties that have been rezoned and
developed according to the Riverfront Crossings form -based code along Riverside Drive south of
the Iowa Interstate Railroad embankment, additional right-of-way along the frontage of the subject
property will be needed to achieve this safer and more comfortable pedestrian environment to
support the increase in residential population made possible with the subject rezoning.
The applicant did not hold a Good Neighbor Meeting
ANALYSIS
Current and proposed zoning: The current CC -2 zoning is intended for major retail commercial
areas that serve a significant segment of the community population. The maximum building height
in the CC -2 Zone is 35 feet. The zone is primarily a commercial zone, but allows upper floor
residential uses by special exception. Minimal parking and building setbacks apply, but parking
may be placed between buildings and the street, which has resulted in the auto -dominated
commercial strip development along Riverside Drive.
The Riverfront Crossings form -based zoning for the West Riverfront subdistrict allows for a broad
mix of commercial and residential uses. Unlike the CC -2 Zone, the Riverfront Crossings code
allows for a variety of building types, residential, commercial and mixed-use. New buildings must
be located close to the street and oriented to Riverside Drive with street -facing entries opening
onto an improved streetscape designed to provide a safe, comfortable and attractive environment
for pedestrians buffered from vehicular traffic on Riverside Drive. Parking must be located behind
or to the side of buildings and screened and buffered from the sidewalk and the street. Residential
density is limited by building height and the amount of parking that can be provided on the site.
The maximum building height in this area of the West Riverfront subdistrict is four stories. An
additional story may be granted through the bonus provisions. An open space requirement of 10
square feet per bedroom is required for properties containing residential uses. Building design
standards apply and will be administered through the staff design review process. If the project
includes residential uses, the affordable housing requirement that applies in Riverfront
Crossings will apply. At this time the owner of the property has not decided whether the
property will be developed with a commercial building or a mixed-use building. Both types of
buildings would be allowed and appropriate in this location according to the Riverfront Crossings
Master Plan.
Comprehensive Plan: The Downtown and Riverfront Crossings Master Plan was adopted in
January 2013 as an integral part of the City's Comprehensive Plan. The subject property is
located in the West Riverfront Subdistrict of Riverfront Crossings. One of the primary goals for
this subdistrict is to encourage redevelopment that will help create a more pedestrian -friendly
character along Riverside Drive by enhancing the streetscape and overall aesthetics, tempering
auto -dominated frontages by locating buildings closer to the street with parking behind or to the
side of buildings, and creating a place where people can live close to the Iowa River and to
shopping, restaurants, and other services. The new form -based zoning code for Riverfront
Crossings is intended to help implement that vision and contains standards for building and
parking placement, streetscape improvements, building form and design, and landscaping and
Page 2 of 6
open space requirements. Due to the absence of building and parking placement standards and
few requirements related to building form and design, the current CC -2 zoning will allow the
property will develop in a manner inconsistent with the Riverfront Crossings Master Plan.
One of the most important goals for the West Riverfront subdistrict is to improve the
environment along Riverside Drive to make it safer and more comfortable for pedestrians and
bicyclists. Since the requested rezoning will allow a significant increase in the residential
population in the area, staff recommends as a condition of rezoning, that the applicant dedicate
land along the Riverside Drive frontage of the property to widen the public right-of-way and
close driveways that are inconsistent with the new zoning and the City's access management
standards. Details of these necessary improvements are described in more detail in the traffic
and pedestrian circulation section, below. Closure of noncompliant driveways and the increased
right-of-way will be used to create a wider landscaped buffer between the traffic lanes on
Riverside Drive and the public sidewalk and a safer condition along the sidewalk and at the
intersection for pedestrians, bicyclists and motorists. This will improve public safety and provide
for a higher quality living environment for residents of the new building and encourage those
residents to walk or bike to area businesses and to other destinations in the community. In
addition, those improvements will provide safer bicycle, pedestrian, and vehicular access to any
new businesses developed on the site and a more attractive frontage condition that will be of
economic benefit to the property owner and the businesses. The City is also moving forward with
plans to create a pedestrian tunnel through the railroad embankment. The proposed tunnel will
allow safe pedestrian movement north along Riverside Drive to the subject property and to the
University campus and Downtown. The applicant has indicated willingness to dedicate the
necessary land for widening the right-of-way along Riverside Drive and to reduce the number of
driveways on the property.
For all the reasons stated above, staff finds that the requested zoning (RFC -WR) is consistent
with the City's Comprehensive Plan and will help to facilitate redevelopment that will comply with
the Riverfront Crossings Master Plan, provided that land along Riverside Drive is dedicated to the
City to allow for improvements to the street corridor necessary to accommodate the increase in
residential density and pedestrian -oriented commercial development allowed by the rezoning.
Compatibility with neighborhood: The proposed rezoning to RFC -WR will allow development
that is compatible with the future goals of the Comprehensive Plan to transform this auto -
dominated area into a more pedestrian -friendly environment with a better mix of residential uses
and neighborhood -serving businesses provided the public space along the street is also
improved to support a more walkable urban neighborhood. The form -based zoning standards
will help ensure that new buildings are compatible with the vision of the Riverfront Crossings
plan and with surrounding residential neighborhoods. Therefore, staff finds that the proposed
rezoning is compatible with the surrounding neighborhood, provided the necessary
improvements are made to the street corridor along Riverside Drive and Myrtle Avenue.
Traffic and pedestrian circulation: The proposed rezoning will allow a considerable increase
in residential density and new pedestrian -oriented commercial and mixed-use buildings. The
subject property fronts on Riverside Drive and Myrtle Avenue. One of the objectives of the
Riverfront Crossings Plan is to create high quality mixed-use neighborhoods with tree -lined
streets and safer conditions that encourage walking and biking. Riverside Drive is a high-
volume, 4 -lane arterial street that is also a State highway. The public right-of-way in this location
is only 63 feet wide. With the wide traffic lanes, higher traffic speeds, excessive number of
driveways and no on -street parking to buffer the pedestrian area, there is not enough space
between the street curb and the front property line of abutting properties to achieve a safe and
Page 3 of 6
comfortable environment for pedestrians. In much of the corridor the limited space does not
leave enough room for any landscape buffer between the sidewalk and the travel lanes along
the street and in some cases not even enough space for a sidewalk. Lack of street trees and an
excessive number of driveways further degrade the pedestrian environment along the corridor.
As mentioned, the City is planning improvements to the corridor to construct a pedestrian tunnel
through the railroad embankment located to the south of the property, extend a new sidewalk
north to the intersection of Myrtle Avenue, and signalize the Myrtle/Riverside Drive intersection
to improve pedestrian, bicycle, and traffic circulation in the area (See preliminary design, below).
As properties are rezoned along Riverside Drive, staff recommends requiring a dedication of
land to improve conditions for pedestrians and to ensure that the streetscape and frontage area
improvements required in the Riverfront Crossings form -based code can be achieved. The
cross-section in the South Riverside Drive Streetscape Master Plan (see below) calls for a
minimum of 20 feet between the street curb and the front property line. This pedestrian area
would include a 6 -foot sidewalk, 6 -foot wide area for street trees, and 6 -foot wide area between
the street curb and the trees for snow storage and utilities.
Page 4 of 6
3
The applicant has agreed to enter into a conditional zoning agreement to dedicate land along
the frontage of the subject property to create a right-of-way that achieves the minimum
requirements specified in the streetscape master plan and the improvements necessary for
signalization of the intersection and also to reduce the number and location of driveways to be
consistent with the City's access management standards.
These modifications to the street corridor will improve conditions for future residents and
businesses that live or do business on the subject property. To improve traffic safety, staff
recommends requiring closure of several of the existing driveways in concert with the City's
streetscape project or prior to issuance of a building permit, whichever occurs first. At a
minimum the two driveways closest to the intersection of Myrtle and Riverside should be closed
to bring the site into compliance with the City's access management standards. With regard to
the southernmost driveway on Riverside Drive, depending on the type of building and the uses
proposed, some limited access, such as a right -out may be acceptable to support a ground level
commercial use on this corner. If, however, a 100% residential building is proposed, then
access should be restricted to the westernmost Myrtle Avenue driveway and all access points to
Riverside Drive should be closed. Regardless of the type of project proposed, negotiation of a
shared cross access easement between adjacent properties along this frontage may also
provide good options for safe traffic circulation for all modes of transportation. Further traffic
analysis will need to be conducted at the time a project is proposed to determine whether a
driveway is appropriate on Riverside Drive and, if allowed, its design and location should be in
accordance with the City's access management standards.
STAFF RECOMMENDATION:
Staff recommends approval of REZ17-00005 a proposal to rezone approximately 0.6 acres of
property at 513 S. Riverside Drive from Community Commercial (CC -2) Zone to Riverfront
Crossings -West Riverfront (RFC -WR) Zone, subject to a conditional zoning agreement requiring
dedication of land along the Riverside Drive frontage to widen the pedestrian area within the
public right-of-way to a minimum of 20 feet measured between the inside of the street curb and
the new front property line, and closure of driveways consistent with the City's access
management standards. These conddions should be satisfied coincident with the City's street
improvement project or prior to issuance of a permit for any improvements to the subject property,
whichever occurs first.
ATTACHMENTS:
1. Location Map
Approved by: / 6/-1 y z,l =
John Yapp, Development Services Coordinator
Department of Neighborhood and Development Services
Page 6 of 6
A rezoning application submitted by 513 Riverside, LLC
to rezone property at 513 S. Riverside Drive from
Community Commercial (CC -2) to to
Riverfront Crossings -West Rivefront Subdistrict (RFC -WR)
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Planning and Zoning Commission
May 18, 2017 — Formal Meeting
Page 2 of 6
Theobald asked if a translator will be present at the meeting when this item is discussed.
Hektoen stated she believes the applicant is bringing a translator.
Hensch moved to set a public hearing for June 1, 2017 on an application for a
Comprehensive Plan amendment item CPA17-00005.
Parsons seconded the motion.
A vote was taken and the motion carried 6-0.
REZONING ITEM (REZ17-00005):
Discussion of an application submitted by 513 Riverside, LLC for a rezoning of approximately
.62 -acres from Community Commercial (CC -2) zone to Riverfront Crossings -West Riverfront
(RFC -WR) zone for property located at 513 S. Riverside Drive.
Howard presented the Staff report and stated this property is located at the corner of Riverside
Drive and Myrtle Avenue, which is at the very north edge of the Riverfront Crossings West
Riverfront Zone. The property to the north is owned by The University of Iowa and they have
not indicated their future use of the property. To the west are some high density multi -family
properties and the other properties surrounding the area are zoned Community Commercial
(CC -2). Howard explained that one of the goals of the Riverfront Crossings Plan for this area is
to improve conditions along Riverside Drive for pedestrians and to improve the aesthetics of the
corridor, so when an upzoning to Riverfront Crossings zoning is requested, the City has been
requesting additional property to widen the pedestrian area along street frontages. This
particular property has a poor frontage condition. There is no sidewalk, and very little room
between the travel lanes and the private property to even provide a safe sidewalk to support the
new residential and commercial uses allowed by the proposed rezoning. The current zoning of
Community Commercial (CC -2) is not compatible with the Riverfront Crossings Master Plan as it
allows low -scale commercial development, limited housing above the commercial, and a very
auto -oriented area. Therefore, with additional land to enhance the public area along the street
to make it safe for future residents and customers, the change to Riverfront Crossings Zoning is
the appropriate zoning for the area.
With regards to the compatibility with the neighborhood, rezoning this property will bring the
property closer to compliance with the future vision for the area. Howard stated the largest
issue for this property is to make sure any new development has the kind of pedestrian facilities
necessary to support it. Howard showed images from the Riverfront Crossings Streetscape
Master Plan that was adopted last year. Riverside Drive is a State highway, there is no on -
street parking, and it has higher speeds than a typical residential or commercial street in the
downtown area. It is currently a four -lane arterial street with only about 60 feet of street right-of-
way. The City is planning improvements to the corridor to construct a pedestrian tunnel through
the railroad embankment located to the south of the property, extend a new sidewalk north to
the intersection of Myrtle Avenue, and signalize the Myrtle/Riverside Drive intersection to
improve pedestrian, bicycle, and traffic circulation in the area. Howard stated that as properties
are rezoned along Riverside Drive, staff recommends requiring a dedication of land to improve
conditions for pedestrians and to ensure that the streetscape and frontage area improvements
required in the Riverfront Crossings form -based code can be achieved. The cross-section in the
South Riverside Drive Streetscape Master Plan calls for a minimum of 20 feet between the
street curb and the front property line. This pedestrian area would include a 6 -foot sidewalk, 8-
Planning and Zoning Commission
May 18, 2017—Formal Meeting
Page 3 of 6
foot wide area for street trees, and 6 -foot wide area between the street curb and the trees for
snow storage and utilities.
The applicant has agreed to enter into a conditional zoning agreement to dedicate land along
the frontage of the subject property to create a right-of-way that achieves the minimum
requirements (the 20 feet) specified in the streetscape master plan and the improvements
necessary for signalization of the intersection and also to reduce the number and location of
driveways to be consistent with the City's access management standards. The applicant has
agreed to close the driveways closest to the intersection that don't meet current access
management standards. This should improve safety for pedestrian, bicyclists, and for drivers.
Howard explained that it may also be necessary to close the other driveway on Riverside Drive,
but depending on what the applicant chooses to do with the property (whether it is just
commercial or mixed-use), that a right -out only driveway might work. Howard explained that the
developer doesn't have a concept plan for the property at this time because the applicant is
unsure whether the project will be solely a commercial building or a mixed use building. Since
the form -based zoning standards in the Riverfront Crossings code will ensure that the building is
built in a manner consistent with the goals for the Riverfront Crossings Master Plan and there is
an imminent City project planned to improve conditions along Riverside Drive, In addition, the
developer is supportive and will participate in helping to achieve a safer and more pleasant
environment along the street to support future redevelopment. Therefore, staff is supportive of
the rezoning.
Staff recommends approval of REZ17-00005 a proposal to rezone approximately 0.6 acres of
property at 513 S. Riverside Drive from Community Commercial (CC -2) Zone to Riverfront
Crossings -West Riverfront (RFC -WR) Zone, subject to a conditional zoning agreement requiring
dedication of land along the Riverside Drive frontage to widen the pedestrian area within the
public right-of-way to a minimum of 20 feet measured between the street curb and the new front
property line, and closure of driveways consistent with the City's access management
standards. These conditions should be satisfied coincident with the City's street improvement
project or prior to issuance of a permit for any improvements to the subject property, whichever
occurs first.
Hensch asked if there was an anticipated date or year when the street improvement project will
be complete. Howard stated it is under design currently and is budgeted for 2018. The City is
currently negotiating with the railroad for the pedestrian underpass.
Freerks asked if negotiations are complete with the other property owners to the south closer to
the railroad tracks so that the sidewalk improvements can be completed. Howard is unsure if
what conversations have taken place so far. However both property owners were contacted by
the City during the design of the Streetscape Master Plan.
Hensch asked if this was as far north as the Riverfront Crossings Plan goes. Howard answered
yes as everything to the north is University property.
Signs stated he did have a conversation with the applicant several months ago when they first
bought the property as he was expressing an interest in possibly doing some affordable housing
there and Signs directed him to the appropriate staff to have those conversations.
Freerks opened the public hearing
Planning and Zoning Commission
May 18, 2017 — Formal Meeting
Page 4 of 6
Charlie Graves (13 Woodcrest Lane NE) stated he just closed on the property about three
weeks ago. Kum & Go, the previous owner, was required to make sure it was a clean site as
part of the purchase agreement and the DNR just gave clearance. Graves has been in
conversations with the City and is aware of their planned improvements to the area and until he
knows exactly where his boundaries area and the setbacks required he cannot design a project.
They are imagining a commercial use or multi -use building for the property.
Martin asked if they are also purchasing 517 Riverside Drive or what the overall plan for the
area might be. Graves said there have been preliminary conversations with that property owner
but the owner doesn't wish to sell and the tenant of that property just signed a multi-year long-
term lease extension.
Martin asked then if the entrance/exit to his property then would be on Myrtle Avenue and
Graves confirmed that but said that they are exploring a right out only onto Riverside Drive as
well.
Parsons asked if the right -out only drive would directly abut the neighboring property or would a
buffer be maintained between the properties. Graves noted there are some Department of
Transportation requirements that a driveway be so many feet from a signal, so if there is a drive
they would try to have it as far from the intersection as possible. They would do their best to
maintain the buffer between properties.
Hektoen noted that Riverside Drive is a State Highway so any access points will have to be
approved by the Department of Transportation. Howard stated that additionally the City also
has access management requirements and this will all have to be reviewed once a development
plan is proposed.
Graves added the timing on this project is such that it takes them about six months to a year to
plan a project and get it designed. Therefore, it is imperative that they can get started so they
can work in parallel with the City doing the street improvements.
Freerks asked what the distance for building required would be from the RM -44 that is to the
west. Howard said the setback would be 10 feet from the adjacent property. Freerks asked if
there was any stepping required due to height. Howard stated that the stepping in the West
Riverfront Crossings is required only where a property abuts a single family zone.
Freerks noted her concern about not having a concept plan prior to approving this zoning
change, but acknowledged that approval of the rezoning at this time would be beneficial to
working together to achieve the necessary pedestrian improvements. Graves noted that to
draw up a concept plan and present something to investors they have to be sure the footprint
they are working with is correct, and in this case could not do so without knowing the zoning is
approved and what the setbacks required will be. Freerks understands that for this case, but
cautions that is not something the Commission will necessarily relax on in the future.
Freerks closed the public hearing.
Hensch moved to approve REZ17-00005 subject to the conditional zoning agreement as
outlined in the Staff Report.
Martin seconded the motion.
Planning and Zoning Commission
May 18, 2017 — Formal Meeting
Page 5 of 6
Hensch noted he feels it is a great step up to go to a Form -Based Code in this area as the
current layout is extremely dangerous for pedestrians and vehicles. The applicant dedicating
the land for the improvements is much appreciated and needed.
Signs added that the lot has a steep hill behind it and the neighboring properties are much
higher so if a future building is taller on this site, it will not look out of place or be a hindrance.
Several others on the commission noted their agreement that the sloping site will help to
mitigate concern about a taller building on the site.
A vote was taken and the motion carried 6-0.
CONSIDERATION OF MEETING MINUTES: MAY 4. 2017
Hensch moved to approve the meeting minutes of May 4, 2017.
Theobald seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
None.
ADJOURNMENT:
Martin moved to adjourn.
Parsons seconded.
A vote was taken and motion carried 6-0.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 1st day of August, 2017, in
Emma J. Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
1. An ordinance rezoning approximately
21.77 acres from Rural Residential, RR -
1, (4.16 acres) and Interim
Development—Single Family Residential,
ID -RS (17.61) acres to Single Family
Residential, RS -5, zone for property
located north of Rohret Road, west of
Lake Shore Drive. (REZ17-00009)
2. An ordinance rezoning 1.59 acres of
property from Medium Density Single -
Family, RS -8, zone to Low Density Multi -
Family, RM -12, zone located west of
Taft Avenue and east of Huntington
Drive. (REZ17-00011/SUB17-00008)
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
Kellie Fruehling, City Clerk
1.1r_1yaV=1*91C711
To: Planning and Zoning Commission Prepared by: Bob Miklo
Item: REZ17-00009
Robret Road — Country Club Estates
GENERAL INFORMATION:
Applicant:
Date: June 1, 2017
Watts Group Construction
Contact: Duane Musser
1917 S. Gilbert Street
Iowa City, IA 52240
319-351-8282
d.musser@mmsconsultants.net
Requested Action: Rezone three tracts (17.61, 3.11, and 1.05
acres) from Rural Residential (RR -1) and
Interim Development Single -Family Residential
(ID -RS) to Low -Density Single -Family
Residential (RS -5).
Purpose:
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
To allow single-family residential development
North of Rohret Road, west of Lake Shore Drive
21.77 acres
Agriculture and undeveloped - 17.61 acres ID -
RS, 3.11 acres and 1.05 acres RR -1
North:
Residential - OPD -5
South:
Residential —County AR and R
East:
Residential - RS -5
West:
Agricultural — County A
Southwest District Plan — single family/duplex
residential
SW5 Hunters Run
May 11, 2017
45 Day Limitation Period: June 25, 2017
z
BACKGROUND INFORMATION
Most of the land under consideration for the proposed rezoning (17.61 acres) was
annexed into the city in 1994. Approximately 3 acres was annexed in 1972 as part of a
larger annexation that was later developed into Southwest Estates and Country Club
Estates. When the 17.61 acres adjacent to Rohret Road was annexed in 1994 a
proposal to rezone this area to Medium Density Single -Family Residential zone (RS -8)
and Low Density Single -Family residential zone (RS -5) was considered. However,
because of the lack of sanitary sewer services and the substandard condition of Rohret
Road, the newly annexed land was zoned Interim Development Residential (ID -RS).
Since 1994, the future alignment of Highway 965 between Highway 6 and Highway 1
was determined and the City extended the growth boundary to include this area. The
City committed to serving this area with sanitary sewer extensions and necessary lift
stations, in order to allow development within the city. Country Club Estates Parts 1 to 6
were subsequently subdivided and developed as single-family residential lots. The
applicant has requested this rezoning to allow development of the next phase of
Country Club Estates.
The applicant has indicated that they held a Good Neighbor meeting on May 25. A report
from that meeting will be available prior to the June 1 Planning and Zoning Commission
meeting.
ANALYSIS:
Current zoning: The Rural Residential Zone (RR -1) is intended to provide a rural
residential character for those areas in the city that are not projected to have the utilities
necessary for urban development in the foreseeable future or for areas that have
sensitive environmental features that preclude development at urban densities. The
RR -1 zone allows single family dwellings and limited agricultural uses on lots that are a
minimum of 40,000 square feet. Septic systems are allowed in RR -1 zones that are not
served by City sanitary sewer. The RR -1 zoning designation was applied to this area
prior to the installation of a sanitary sewer lift station for County Club Estates, which
now makes it possible to provide sanitary sewer service.
The purpose of the Interim Development Single -Family Residential Zone (ID -RS) is to
provide for areas of managed growth in which agricultural and other non -urban uses of
land may continue until such time as the City is able to provide City services and urban
development can occur. Agricultural uses are permitted, while other uses including
residential uses, are allowed as provisional uses. The Interim Development Zone is the
default zoning district, to which all undeveloped areas should be classified until City
services are provided. The ID -RS designation indicates that residential uses were
anticipated at the time of the annexation, though this designation does not compel that
single family use upon development nor foreclose rezoning to a different use. Upon
9
provision of City services, the City or the property owner may initiate rezoning to zones
consistent with the Comprehensive Plan, as amended.
Proposed zoning: The Low Density Single -Family Residential Zone (RS -5) is primarily
intended to provide housing opportunities for individual households. The regulations are
intended to create, maintain, and promote livable neighborhoods. The regulations allow
for some flexibility of dwelling types to provide housing opportunities for a variety of
household types. The zone allows single-family dwellings with a minimum lot size of
8,000 square feet and lot widths of 60 feet. For lots with vehicle access from an alley or
rear lane, the minimum lot area is reduced to 6,000 square feet and lot width is reduced
to 50 feet. Duplexes are allowed on corner lots with a minimum lot area of 12,000 square
feet.
This zone also allows for some non-residential uses that contribute to the livability of
residential neighborhoods, such as parks, schools, religious institutions, and daycare
facilities. Related non-residential uses and structures should be planned and designed
to be compatible with the character, scale, and pattern of the residential development.
Comprehensive Plan: This property is located within the Weber Subarea of the
Southwest District Plan. The Southwest District Plan identifies this land as appropriate
for single-family and duplex residential development. The proposed zoning, Low
Density Single -Family Residential (RS -5), will allow for a residential development with a
maximum density of five dwelling units per acre. Adjacent properties within the city are
zoned RS -5. Land to the south is located outside of the city limits and is zoned County
Residential (AR, R, and R-10) zones. In staffs opinion the proposed RS -5 zoning is
consistent with the Comprehensive Plan and compatible with the neighborhood,
provided adequate infrastructure is installed to serve development.
Infrastructure: Sanitary sewer service is now available to serve this property as a
result of the lift station installed for earlier phases of Country Club Estates.
Water service is also available to serve this area, but due to low water pressure, staff
recommends that as part of a preliminary plat application, the developer be required to
complete a pressure analysis and if necessary install a booster pump to provide
adequate water pressure.
Rohret Road is a rural cross section with chip seal surface and drainage ditches. When
Irving Weber School was built, the City improved Rohret Road to a point approximately
500 feet west of Phoenix Drive. When County Club Estates, Part 7 was developed, the
developer extended the improvements of Rohret Road to Lake Shore Drive.
Extending this infrastructure west to the new intersection is important to insure it is
developed in accordance with the City's adopted design standards. A majority of the
traffic generated from this development will be traveling east. Curb and gutter will help
control stormwater, and sidewalks will serve pedestrians.
As a condition of rezoning the property, the applicant has agreed to improve Rohret
Road to the first street intersection that will provide access to the next phase of
development (conceptually identified at approximately 200 feet to the west of where the
current street improvements end). The applicant agrees to pay 50% of the cost of
improving the street to the western city limits. The City and/or future private
development to the south will be responsible for the other 50%. Staff does not
anticipate a need improve the remainder of Rohret Road in the near future. Any
subdivision of land adjacent to Rohret Road will also include installation of a sidewalk
along Rohret Road as a public improvement to be installed by the Developer. Subject to
these conditions, staff finds the improvements necessary to change the zoning to RS -5
will be provided.
STAFF RECOMMENDATION:
Staff recommends approval of REZ17-00009, an application submitted by Watts Group
Construction for a rezoning of approximately 21.77 acres to Low Density Single Family
Residential (RS -5) zone for property located north of Rohret Road, west of Lake Shore
Drive, subject to a Conditional Zoning Agreement specifying:
1) Upon subdividing any of the property hereby rezoned the Developer shall enter
into a subdivider's agreement with the City for the installation of Rohret Road as a
public improvement to the first street that will serve the development (a point
approximately 200' west of Lake Shore Drive);
2) Prior to the issuance of a building permit, the Developer shall pay 50% of the cost
of improving Rohret Road to the western city limits as determined by the City
Engineer;
3) As part of a preliminary plat application for any of the property hereby rezoned, the
Developer shall complete a water pressure analysis and, if necessary, design and
construct the water system to include a booster pump to provide adequate water
pressure.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
Approved by:
.4 X 7y --
John Yapp,'Development Services Coordinator,
Department of Neighborhood and Development Services
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REZONING
EXHIBIT
COUNTRY CLUB
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ADDITION
IOWA CITY
JOHNSON COUNTY
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MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
JUNE 15, 2017 — 7:00 PM — FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Ann Freerks, Carolyn Dyer Mike Hensch, Max Parsons, Mark
Signs, Jodie Theobald
MEMBERS ABSENT: Phoebe Martin,
STAFF PRESENT: Sara Hektoen, John Yapp
OTHERS PRESENT: Adam Hahn, Steve Long, Brian Boelk, Judy Joyce, Ivan Hall, Kurt
Kimmerling, Jeffrey Maxwell, Laura Hawks
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 (Martin absent) the Commission recommends to approve REZ17-00009 an
application submitted by Watts Group Construction for a rezoning of approximately 21.77 acres
to Low Density Single Family Residential (RS -5) zone for property located north of Rohret Road,
west of Lake Shore Drive, subject to a Conditional Zoning Agreement specifying:
1) Upon subdividing any of the property hereby rezoned the Developer shall enter into a
subdivider's agreement with the City for the installation of Rohret Road as a public
improvement to the first street that will serve the development (a point approximately
200' west of Lake Shore Drive);
2) Prior to the issuance of a building permit, the Developer shall pay 50% of the cost of
improving Rohret Road to the western city limits as determined by the City Engineer;
3) As part of a preliminary plat application for any of the property hereby rezoned, the
Developer shall complete a water pressure analysis and, if necessary, design and
construct the water system to include a booster pump to provide adequate water
pressure.
By a vote of 6-0 (Martin absent) the Commission recommends adding Rohret Road
improvements to the Capital Improvements Plan.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING ITEM (REZ17-00009):
Discussion of an application submitted by Wafts Group Construction for a rezoning of
approximately 21.77 acres from Rural Residential, RR -1, (4.16 acres) and Interim
Development—Single Family Residential, ID -RS (17.61) acres to Single Family Residential (RS -
5) zone for property located north of Rohret Road, west of Lake Shore Drive.
Planning and Zoning Commission
June 15, 2017—Formal Meeting
Page 2 of 9
Yapp began by showing the location of the proposed rezoning on the far west side of Iowa City.
Yapp said at the last meeting where this item was discussed the Commission questioned the
improvements to Rohret Road and the Staff recommendation that Rohret Road be required to
be improved to the first access point of the proposed development which would be
approximately 200 feet to the west. Additionally the developer would be required to pay for 50%
of the cost of improving the remainder of Rohret Road to the City limits. Yapp explained the
rationale is that the properties on the south side of Rohret Road are unincorporated Johnson
County and unlikely to be annexed in the foreseeable future. Rohret Road has a relatively low
traffic volume, in 2011 there were 2400 vehicles per day and it has probably increased slightly
since then due to residential development, but not significantly. Yapp also noted there will be
no direct driveway access to Rohret Road. He explained that in other situations where there is
an unimproved street that development is occurring off of the Subdivision Code allows the City
to require the developer pay 12.5% of the cost of upgrading the street. In this case because it is
a rezoning Staff is recommending a 50% contribution.
Freerks stated that is similar to what the City has done in the past and Yapp confirmed it is what
similar to what was required in the past for other developments.
Freerks opened the public hearing.
Adam Hahn (Watts Group) discussed the water pressure concerns that was also discussed at
the last Commission meeting. In 2016 the Water Department conducted a hydrant test in that
area and it reported the hydrants are at 36-37 pounds.
Yapp noted that the water report will require more analysis.
Hahn agreed and also noted that they feel they have contributed to Rohret Road as they have
shifted the center line so that they will not affect the neighbors to the south when Rohret Road is
widened.
Yapp explained the water pressure issue, the flow tests ran on existing hydrants showed that
water in the existing part of Country Club Estates is adequate. The further analysis that needs
to be done is modeling the water usage of the new development and estimating if the pressure
is still adequate. Staff believes it will be but needs to complete all the analysis before signing
off.
Hensch asked if the water pressure is not sufficient is it then contingent upon the developer to
install or rectify the issues. Yapp confirmed.
Freerks noted there are three Staff recommendations in the Report and asked if Staff still
recommends all three. Yapp replied that Staff does.
Freerks closed the public hearing.
Hensch moved to approve REZ17-00009 an application submitted by Watts Group
Construction for a rezoning of approximately 21.77 acres to Low Density Single Family
Residential (RS -5) zone for property located north of Rohret Road, west of Lake Shore
Drive, subject to a Conditional Zoning Agreement specifying:
1) Upon subdividing any of the property hereby rezoned the Developer shall enter
into a subdivider's agreement with the City for the installation of Rohret Road
as a public improvement to the first street that will serve the development (a
point approximately 200' west of Lake Shore Drive);
Planning and Zoning Commission
June 15, 2017 - Formal Meeting
Page 3 of 9
2) Prior to the issuance of a building permit, the Developer shall pay 50% of the
cost of improving Rohret Road to the western city limits as determined by the
City Engineer;
3) As part of a preliminary plat application for any of the property hereby
rezoned, the Developer shall complete a water pressure analysis and, if
necessary, design and construct the water system to include a booster pump
to provide adequate water pressure.
Parsons seconded the motion.
Freerks noted she is not against the development but thinks the standard of the road is
important and agrees it is not the developers place to have to pay for 100% of the upgrade but
does believe Rohret Road needs to be on the Capital Improvements Plan. Herbert Hoover
Highway and Taft Avenue are both on the Capital Improvements Plan, they are unfunded, but at
least on the Plan. She is interested in recommending to City Council that Rohret Road be
added to the Capital Improvements Plan. She added that the improvements to Rohret Road
might be more crucial as the smaller homes in the development will have their front yards facing
Rohret Road.
A vote was taken and the motion passed 6-0.
Theobald moved to recommend adding Rohret Road improvements to the Capital
Improvements Plan.
Parsons seconded the motion.
A vote was taken and the motion passed 6-0.
COMPREHENSIVE PLAN ITEM (CPA16-00005):
A public hearing on an application for a Comprehensive Plan amendment to amend the North
District Plan for approximately 70 acres west of Dubuque Street, south of Interstate 80, and
north and east of Mission Point Road and Mackinaw Drive, to modify the land use map, adopt a
sensitive areas survey, and add certain housing, transportation and design goals.
Theobald disclosed that she is part of a group that kayaks with Steve Long (from HBK
Engineering) but feels she can be impartial and she and Long have not had any conversations
about this item.
Yapp began the Staff report showing an outline of the area proposed for the Comprehensive
Plan Amendment and also the proposed land use map. He noted at the Commissions work
session on June 7 they asked for additional information on this item. The applicant is ready to
report the answers to the information requests however Staff has not had a chance to review
the information in any detail. Yapp also noted the Commission received correspondence from
the Idyllwild neighborhood but again Staff has not had time to fully review and react to that as
well. Staff has no additional presentation for the Commission at this meeting but invites the
Applicant the opportunity to review their materials.
Freerks noted it is unlikely the Commission will act on this item this evening as they need to
v
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52449; 319-a-5240
(REZ77-00009) (^) c_
i rte'
Ordinance No. C)
Cl) co
An ordinance conditionally rezoning app- 'mately 21.77 acres of pro _<r—
fir
r of
Rohret Road and west of Lake Shore Drive, fr m Rural Residential, RR -1 (crand.t rim
Development Single -Family Residential, ID- S (17.61 acres) to Low-Ansity %ingl mily
Residential, RS -5, zone. (REZ17-00009) w
Whereas, the applicant, Watts Group Constructio , has requested a rezoning of property located north of
Rohret Road and west of Lake Shore Drive fro Rural Residential, RRA (4.16 acres) and Interim
Development Single -Family Residential, ID -RS ( acres) to
17.6 Low -Density Single -Family Residential, RS -
5, zone; and
Whereas, the Corehensive Plan indicates hat this area is appropriate for single-family and duplex
residential developmennd
Whereas, the Low -De ity Single -Family
acre, which is within the rang 'ndicated by the
Whereas, the Planning an Zoning G
determined that it complies with th Comprep
need for water pressure analysis and prov
Whereas, Iowa Code §414.5 (201
conditions on granting a rezoning requ(
needs caused by the requested change;
Zone would allow a maximum of 5 dwelling units per
ahensive Plan; and
>sion has the reviewed the proposed rezoning and
e Plan provided that it meets conditions addressing the
to Rohret Road ; and
fes that the City of Iowa City may impose reasonable
and above existing regulations, in order to satisfy public
Whereas, the owner and applicant ave agre that the property shall be developed in accordance with
the terms and conditions of the Co itional Zon Agreement attached hereto to ensure appropriate
development in this area of the city.
Now, therefore, be it ordained b the City Council \from
City, Iowa:
Section I Approval. Subject the Conditional nt attached hereto and incorporated
herein, property described bell is hereby reclassified urrent zoning designations of Rural
Residential (RR -1) and Interim velopment Single FID -RS) to Low -Density Single -Family
Residential (RS -5):
(Rezone from ID -RS to RS�TE
BEGINNING AT THE NTHWEST CORNER OF THE NORTHW T ONE-QUARTER OF THE
NORTHEAST ONE-QUAR OFSECTION 24, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S89°48'18"E, ALONG THE
NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15
FEET; THENCE S21°52'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN
ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 318.30 FOOT
CHORD BEARS N62°49'01"E, TO A POINT ON SAID NORTH LINE; THENCE S89°47'31"E, ALONG
SAID NORTH LINE, 346.07 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S89047'31"E,
ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY
LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE
Ordinance No.
Page 2
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S29°33'01"E, ALONG SAID SOUTHERLY LINE,
133.10 FEET, TO THE SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE
OF ROHRET ROAD SW; THENCE S59°5646"W, ALONG SAID CENTERLINE, 111.34 FEET; THENCE
S59043'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG SAID
CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST LINE OF SLOTHOWER ROAD; THENCE
N00°16'13"W, ALONG SAID EAST LINE, 973.05 FEET, TO SAID POINT OF BEGINNING. "D TRACT
CONTAINS 17.61 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS fito REeICTIONS
OF RECORD. An C
ci
(Rezone from RR -1 to RS -5) n_'< �7
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE- TIER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RAN _ WE -8T OFnE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N01°15'57" NG THE T
LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE -QUA , '13x9.85 MPT,
TO THE SOUTHWEST CORNER OF COUNTRY CLUB ESTATES, THIRD A ITION, WA CITY,
IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT OOK 54, A PAGE 221,
IN THE RECORDS OF TH JOHNSON COUNTY RECORDER'S OFF E; THENCE S55°09'02"E,
ALONG THE SOUTHERLY LIN OF SAID COUNTRY CLUB ESTATE , THIRD ADDITION; THENCE
NORTHEASTERLY, 15.40 FEET, ONG SAID SOUTHERLY LINE, D AN ARC OF A 180.00 FOOT
RADIUS CURVE, CONCAVE SOU EASTERLY, WHOSE 15.40 F OT CHORD BEARS N37°18'02"E;
THENCE N50°14'53"W, ALONG SA SOUTHERLY LINE, 1 .04 FEET; THENCE N40°13'58"E,
ALONG SAID SOUTHERLY LINE, 10 8 FEET; THENCE N °00'56"E, ALONG SAID SOUTHERLY
LINE, 223.03 FEET; THENCE N71°00'0 E, ALONG SAID S THERLY LINE, 117.53 FEET; THENCE
N64°30'09"E, ALONG SAID SOUTHERL LINE, 57.24 F T; THENCE S22°17'21"E, 135.16 FEET;
THENCE S12°36'51"E, 60.83 FEET; THEN S21°52'26" , 150.82 FEET, TO A POINT ON THE SOUTH
LINE OF SAID SOUTHWEST ONE-QUAR R OF T SOUTHEAST ONE-QUARTER OF SECTION
13; THENCE N89°48'18"W, ALONG SAI SOU LINE, 634.15 FEET, TO SAID POINT OF
BEGINNING. SAID TRACT CONTAINS 3. 1 RES, MORE OR LESS, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECO .
(Rezone from RRA to RS -5)
BEGINNING AT THE SOUTHEAST C NER F THE SOUTHWEST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SE ION 13, OWNSHIP 79 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JO SON COON Y, IOWA; THENCE N89°47'31"W, ALONG THE
SOUTH LINE OF SAID SOUTHWE ONE -QUART OF THE SOUTHEAST ONE-QUARTER, 346.07
FEET; THENCE NORTHEASTE Y, 343.58 FEET, LONG AN ARC OF A 1720.00 FOOT RADIUS
CURVE, CONCAVE NORTHW TERLY, WHOSE 34 .01 FOOT CHORD BEARS N51°47'07"E, TO A
POINT ON THE SOUTH LY LINE OF COUNT Y CLUB ESTATES, THIRD ADDITION, IN
ACCORDANCE WITH TH LAT THEREOF RECORD IN PLAT BOOK 54, AT PAGE 221, IN THE
RECORDS OF THE JOH SON COUNTY RECORDER'S FFICE; THENCE S47°4446"E, ALONG SAID
SOUTHERLY LINE, 93 4 FEET; THENCE S29°33'01"E, ALONG SAID SOUTHERLY LINE, 173.77
FEET, TO A POINT ON THE SOUTH LINE OF TH SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SAID SECTION 13; TH NCE N89°47'31"W, ALONG THE SOUTH
LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOU HEAST ONE-QUARTER, 78.00 FEET, TO
SAID POINT OF BEGINNING. SAID TRACT CONTAINS .05 ACRES, MORE OR LESS, AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECO D.
Section II. Zoning Mao. The building official is hereby authori ed and directed to change the zoning map
of the City of Iowa City, Iowa, to conform to this amendmeoLypothe 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.
Ordinance No.
Page 3
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of
MAYOR
ATTEST
Approve(
City Attor
20_
m
s 0
W
C'D
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00009)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), S&J Development LLP (hereinafter "Owner"), and Watts Group Construction
(hereinafter "Applicant").
Whereas, Owner is the legal title holder of approximately 21.77 acres of property located
north of Rohret Road and west of Lake Shore Drive; and o
o =+
Whereas, the Owner has requested the rezoning )andwater
roperty frog�lra�eside�al,
RR -1 (4.16 acres) and Interim Development Single-Famential, ID _�17 61 ac" to
Low -Density Single -Family Residential, RS -5; and --tc-� (�
�M
Whereas, the Planning and Zoning Commissionermined that�nrit%pprppPrnPyyate
conditions regarding improvements to Rohret Road pre�Sure i'nalysiathe
requested zoning is consistent with the Comprehensive Whereas, Iowa Code §414.5 (2017) provides tity of Iowa City may impose
reasonable conditions on granting a rezoning request, above existing regulations, in
order to satisfy public needs caused by the requested chd
Whereas, the Owner acknowledges that
reasonable to ensure the developmeh) of the prop
Plan, including necessary improvemen�on Rohre
residential development ; and \
Whereas, the Owner agrees to develo th
conditions of a Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual
follows:
lain conditions and restrictions are
is consistent with the Comprehensive
ad, and adequate water pressure for
property in accordance with the terms and
contained herein, the parties agree as
1. S&J Development LLP is the legal titlo holder of the\property legally described as:
(Rezone from ID -RS to RS -5)
BEGINNING AT THE NORTHWE T CORNER OF THE ORTHWEST ONE-QUARTER
OF THE NORTHEAST ONE -Q ARTIER OF SECTION TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFT PRINCIPAL MERIDIAN, J NSON COUNTY, IOWA;
THENCE S89048'18"E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15 FEET; THENCE
S21052'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN
ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE
318.30 FOOT CHORD BEARS N62049'01"E, TO A POINT ON SAID NORTH LINE;
THENCE S89047'31"E, ALONG SAID NORTH LINE, 346.07 FEET, TO THE
NORTHEAST CORNER THEREOF; THENCE S89°47'31"E, ALONG THE NORTH LINE
OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY
LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN
ppdadMagVw17-0DDD9 conditional zoning agreement doc
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT
PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE S29033'01"E, ALONG SAID SOUTHERLY LINE, 133.10 FEET, TO THE
SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE OF
ROHRET ROAD SW; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 111.34
FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE
S59044'45"W, ALONG SAID CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST
LINE OF SLOTHOWER ROAD; THENCE N00°16'13"W, ALONG_�SAID 9ST LINE,
973.05 FEET, TO SAID POINT OF BEGINNING. SAID TRAC�NINS 17.61
ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS A Ey%TRICTIMS
OF RECORD.
-,� c r
(Rezone from RR -1 to RS -5) �m v M
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWE$�NE��--QUER
WSi
OF THE SOUTHEAST ONE-QUARTER OF SECTIO 13, TOSHIP"a9 N TH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDI N, JOHNSON CO(3'I,VTY, IOWA;
THENCE N01°15'5 "E, ALONG THE WEST LINE OF SAID SOUTHWEST ONE-
QUARTER OFTH SOUTHEAST ONE-QUAR ER, 139.85 FEET, TO THE
SOUTHWEST Co
OF COUNTRY CLUB ES ATES, THIRD ADDITION, IOWA
CITY, IOWA, IN ACCOR ANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 54, AT PAGE 2 , IN THE RECORD OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S55009'02"E, ONG THE SOUTHERLY LINE OF
SAID COUNTRY CLUB ESTA S, THIRD ADD ION; THENCE NORTHEASTERLY,
15.40 FEET, ALONG SAID SO HERLY LIN , AND AN ARC OF A 180.00 FOOT
RADIUS CURVE, CONCAVE S THEAST LY, WHOSE 15.40 FOOT CHORD
BEARS N37018'02"E; THENCE N °14'53" , ALONG SAID SOUTHERLY LINE,
124.04 FEET; THENCE N40°13'58"E, ON SAID SOUTHERLY LINE, 108.48 FEET;
THENCE N78000'56"E, ALONG SAID THERLY LINE, 223.03 FEET; THENCE
N71°00'01"E, ALONG SAID SOUTHERLY NE, 117.53 FEET; THENCE N64°30'09"E,
ALONG SAID SOUTHERLY LINE, 57.2 FE T; THENCE S22°17'21"E, 135.16 FEET;
THENCE S12036'51"E, 60.83 FEET; T NCE 1052'26"E, 150.82 FEET, TO A POINT
ON THE SOUTH LINE OF SAID SOU HWEST E -QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 13- THENCE N 9°48'18"W, ALONG SAID SOUTH
LINE, 634.15 FEET, TO SAID POI OF BEGINNI G. SAID TRACT CONTAINS 3.11
ACRES, MORE OR LESS, AND IS SUBJECT TO E EMENTS AND RESTRICTIONS
OF RECORD.
(Rezone from RR -1 to RS -5)
BEGINNING AT THE SOUTHEAST CORNER OF THE SO THWEST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE N89047'31"W, ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER, 346.07 FEET; THENCE
NORTHEASTERLY, 343.58 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 343.01 FOOT CHORD BEARS
N51047'07"E, TO A POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB
ESTATES, THIRD ADDITION, IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S47°44'46"E, ALONG SAID
SOUTHERLY LINE, 93.04 FEET; THENCE S29°33'01"E, ALONG SAID SOUTHERLY
LINE, 173.77 FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-
ppdadnVagVrezl 7- 009 conditional zoning agreement.doc 2
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 13; THENCE
N89047'31"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER OF
THE SOUTHEAST ONE-QUARTER, 78.00 FEET, TO SAID POINT OF BEGINNING.
SAID TRACT CONTAINS 1.05 ACRES, MORE OR LESS, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Southwest district plan. Further, the parties
acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may
impose reasonable conditions on granting a rezoning request, over anj�pbove the
existing regulations, in order to satisfy public needs caused by thQ reggested7Lhange.
3. In consideration of the City's rezoning the subject property, (
that development of the' subject property will conform to all
zoning chapter, as well asqhe following conditions: /
a. Upon subdividing any X the property hereby
into a subdivider's agree ent with the City for
public improvement to the first street that v
approximately 200' west of L e Shore Drive);
b. Prior to the issuance of a build g permit, th�/,
of improving Rohret Road to t
Engineer;
c. As part of a preliminary plat applic
Developer shall complete a water
construct the water system to inc
pressure.
the
serve the
C- c
i pplrcantee
eBents Mhe
M z m
impar shaGAter
:df Rohe Road as a
evelopdRnt (a point
veloper shall pay 50% of the cost
limits as determined by the City
)r any of the property hereby rezoned, the
re analysis and, if necessary, design and
booster pump to provide adequate water
4. The Owner and Applicant, and Cit acknowledg that the conditions contained herein
are reasonable conditions to imp se on the land Vnder Iowa Code §414.5 (2017), and
that said conditions satisfy public needs that a caused by the requested zoning
change.
5. The Owner and Applicant and City acknowledge that' in the event the subject property is
transferred, sold, redeveloped, or subdivided, all re evelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zonin.4 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.
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 and Applicant acknowledge 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.
ppdadm/agt/rez17-00009 conditional zoning agreement doc 3
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of
City of Iowa City
20_
Jim Throgmorton, Mayor
By:
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Attest:
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Kellie Fruehling, City Clerk
By:
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Approved by:
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City Attorney's Office
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
Throgmorton and Kellie Fruehling as Mayor and City Clerk,
Notary Public in and
(Stamp or Seal)
Title (and Rank)
Corporate Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
pdadnvagVrez17-00009 conditional zoning agreement doc 4
, 20_ by Jim
of the City of Iowa City.
the State of Iowa
This instrument was acknowledged before me on
20_ by
as
of Inc.
Notary Public in and for said County and State
(Stamp or Seal)
N
a
Title (and Rank)
c-3 c
S8J Development LLP Acknowledgment:
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State of
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County of
w
This record was acknowledged before me
(Date)
by (Name(s)
f individua ) as
(typ of authority, such as officer or trustee) of
( me of party on behalf of whom record
was executed).
otary Nblic in and for the State of Iowa
(Stamp o Seal)
Title (and ank)
My commis ion expires:
Watts Group Construction Acknowledgment:
State of
County of
This record was acknowledged be a me
by (Name(
was executed).
of
(Date)
al(s) as
of authority, such as officer or trustee) of
,ie of party on behalf of whom record
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
ppdadmlag1Jrez17MOOg conditional zoning agreement.doc 5
My commission expires:
ppdatlm/agVrezl 7-00009 conditional zoning agreement doc
To: Planning & Zoning Commission
Item: REZ17-00011/SUB17-0008
Stonebridge Estates, Part Ten
Huntington and Thames
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
SPECIAL INFORMATION:
Public Utilities:
STAFF REPORT
Prepared by: Sarah Walz
Date: July 6, 2017
Arlington Development
1486 151 Avenue, Unit A
Iowa City, IA 52240
Duane Musser
1917 S. Gilbert
Iowa City, IA 52240
319-351-8282
Preliminary Plat for a 7.9 -acre subdivision.
Rezoning from RS -8 to RM -12 for 1.59 acres within
the subdivision.
To allow the development of Stone Bridge Estates
Part 10 with a mix of single-family, duplex, and
townhomes.
Thames Drive and Huntington Drive
7.90 acres (subdivision)
1.59 acre (re -zoning)
Undeveloped (RS -8)
North: Single-family residential (County -R)
South: Residential (RM -12)
East: Agricultural (County -Ag)
West: Undeveloped (OPD -5)
Single-family residential
Lower West Branch
June 15, 2017
July 31, 2017
Sanitary Sewer can be extended from neighboring
Iowa City subdivisions on the west and south.
2
Public Services: The City will provide Police and Fire protection, and
refuse and recycling collection services. The transit
route Eastside Express serves the proposed
subdivision with a stop along Ashford Place.
BACKGROUND INFORMATION
The subject property is located east of Stone Bridge Estates, Parts 7 and 8 and north of Windsor
Ridge, Part 21. The property is bounded on its west by the south branch of Ralston Creek and by
Taft Avenue to its east. Huntington Drive serves as the principal access from Court Street to the
south. Additional access is provided from Thames Drive, which connects with Colchester to the
west. Thames Drive will also connect with Taft Avenue to the east. At this time Taft Avenue is an
unimproved, chip seal road. It is planned as a future north–south arterial street and may serve as
a route to and from the industrial park and proposed eastside sports complex to the south.
The applicant, Arlington Development, has requested a rezoning from Medium Density Single -
Family Residential (RS -8) to Low Density Multi -Family (RM -12) zone to allow for townhomes on lot
147 of the proposed subdivision. The requested RM -12 zoning will allow development of
approximately 8 townhome style multi -family units (two buildings with four units each) adjacent to
an established multi -family zone in Windsor Ridge, Part 21. The applicant has provided elevations
of the proposed buildings. Vehicle access to the units would be from a rear alley.
In 2009, the property was zoned RS -8 with conditions pertaining to the future upgrade of Taft
Avenue as well as minimum lot depths and a landscaped buffer for properties double -fronting
along Taft Avenue. The rezoning also required a stub street abutting the single-family property to
the north such that the Huntington Drive may be extended if the adjacent property is redeveloped
in the future.
The applicant has used the "Good Neighbor Policy"; a Good Neighbor Meeting took place on June
8. In response to concerns expressed by some neighbors, the applicant has amended the
rezoning application to remove the request for RM -12 zoning on lots 148 to 152 located on the
west side of Huntington Drive. RM -12 zoning is now only being requested for lot 147 located on
the east side of Huntington Drive.
ANALYSIS:
Current Zoning: The Medium Density Single -Family Residential (RS -8) zone allows the
development of small lot, single-family dwellings and provides flexibility for duplex development on
corner lots that meet minimum lot area and width standards. Corner lots shown on the plat exceed
the minimum 8,700 square foot standard for duplex development in the RS -8 zone. The remaining
single family lots exceed the minimum 5,000 square foot standard—the smallest lot is 5,898
square feet. Lots on the west side of Huntington Drive are double fronting and are therefore
required by code to be 125% of the minimum lot size (6,250 for single-family detached and
10,875 for duplexes)—all lots meet this standard. In addition, the conditional rezoning, approved
in 2009, requires that lots fronting onto Taft Avenue be a minimum of 140 feet deep in order to
accommodate a minimum 40 -foot setback from the arterial street. All lots meet this standard and
the plat shows the landscaped buffer required by the previous conditional zoning.
Proposed Zoning: The purpose of the Low Density Multi -Family Residential (RM -12) zone is to
provide for the development of high density, single-family housing and low density, multi -family
PCMStaff Repert Vez17-00011 subl7-00008 stonebritlge corrededl0.doc
3
housing. This zone is intended to provide a diverse variety of housing options in neighborhoods
throughout the city. Careful attention to site and building design is important to ensure that the
various housing types are compatible with one another. The RM -12 zoning proposed for 1.59
acres (lot 147) at the southeast corner of the subdivision would allow for the development of multi-
family housing adjacent to an existing RM -12 zone. The applicant is proposing attached single-
family housing (townhomes), which are allowed with a minimum lot area of 3,000 square feet per
unit. The applicant has submitted a concept and elevations for 2 buildings with 4 townhome units
each.
Compliance with Comprehensive Plan: The Northeast District Plan shows the area north of
Thames Drive as appropriate for single-family housing. Large lots were proposed to allow
space for a buffer to minimize noise and glare from traffic along Taft Avenue. To satisfy the
conditional zoning requirements, the applicant addressed the concern regarding double -fronting
lots by platting deeper lots with a substantial landscaped bugger located within a 40 -foot
setback from the road. The area proposed for the rezoning includes a rear alley with garages
toward Taft Avenue; the 40 -foot setback and landscaped buffer are retained. Staff
recommends the same landscaping plan approved in 2009 continue to be required for
consistency.
Compatibility with neighborhood. The recently established neighborhood on the west side of
the creek consists of single-family housing zoned Low Density Single -Family (RS -5). To the
north is a single-family home on a large lot with County residential zoning. Property to the south
(Windsor Ridge, Part 21) is a Low Density Multi -family (RM -12) zone and is already developed.
Staff believes that zoning to allow townhomes on the east side of Huntington Drive can provide
an appropriate transition from the multi -family to the south, which is oriented toward Taft
Avenue. Duplex lots are proposed at the intersection of Huntington Drive and Thames Drive –
duplex lots on corner properties are permitted under the existing RS -8 zoning.
Environmentally Sensitive Areas: The property is adjacent to Stone Bridge, Parts 7 and 8,
which encompass the South Branch of Ralston Creek along the eastern edge. The developer
has provided a sensitive area site plan indicating the stream corridor and required stream buffer
just outside the property.
Access and street design: The main access to the subdivision will be provided from an
extension of Huntington Drive, which connects to Court Street through Windsor Ridge Part 21
to the south. Thames Drive will provide additional access across the creek to Colchester to the
west and Taft Avenue to the east. Once constructed, Thames Drive will provide the sole east
west neighborhood connection to Taft Avenue between East Court Street and Lower West Branch
Road—the two arterials are approximately one half mile apart with Thames equidistant between
them.
Section 15 -3E -2K of the subdivision code states that "At the discretion of the City, subdivisions
may be approved that access existing public streets that do not meet City standards, provided
the subdivider contributes toward the future construction cost of bringing the segment of the
subject public street that abuts the subject property to City standards." As stated above, Taft
Avenue is currently an unimproved chip seal road, but is planned as a future arterial street.
Therefore the subdivider of Stone Bridge Part 10 will be subject to the arterial street costs
(12.5% of total construction cost) at the time of final plat. This percentage is included in the
existing Conditional Zoning Agreement from when the property was rezoned in 2009, and
PC Mtaff RepodslrezV-00011 subV7 0000 stanebridge wuectedl0. doc
rd
should also be included in the legal papers for the subdivision.
Because the proposed lots are small, a condition of the 2009 rezoning required the applicant to
provide a detailed landscaping plan to buffer the development from the future arterial street,
which may carry considerable truck traffic. The rezoning for the 1.59 acres on lot 47 should
include the same condition for an enhanced buffer along Taft Avenue. The applicant has
indicated the continuation of the buffer on the submitted plat.
To provide for the future improvement of Taft Avenue, the prior RS -8 rezoning required the
property owner to dedicate space for right-of-way and construction easements at the time of
subdivision. Prior to the issuance of building permits, the property owner must also set aside
funds to establish the landscape buffer along Taft Avenue. The buffer will be installed after the
Taft Avenue is rebuilt. The same conditions should apply to the RM -12 rezoning
The current concept plan shows Huntington Drive continuing north to allow adequate space for
lots on the east side of Huntington to accommodate the buffer as well as usable back yard. A
minimum 40 -foot building setback is required along Taft Avenue. Within this setback a 20 -foot
landscaped buffer is required. The applicant has provided a concept indicating that the
townhomes and rear alley can be accommodated without reducing the buffer area. No fences
are allowed in the 20 -foot buffer area; this prohibition must be made explicit in the subdivision
papers.
The proposed subdivision provides emergency vehicle turn -around at the end of Huntington
where it abuts the single-family property to the north.
Thames Drive includes an 8 -foot sidewalk on the south side of the street to provide an adequate
connection between the planned trail system and the neighborhood to the west of the creek. An
easement along the east side of the creek, which was established with Stonebridge Estates, Part
7, will be vacated and relocated along the edge of Part 10 in order to move the trail back from the
creek and buffer area.
Neighborhood parkland or fees in lieu of: Open space dedication or fees in lieu of are
addressed at the time of subdivision. Based on 1.59 acres of RM -12 zoning and 6.31 acres of RS -
8 zoning, the developer would be required to dedicate 0.58 acres of land. Fees in lieu of
dedication would be appropriate given the lack of suitable open space on this property.
Storm water management:
The applicant will provide infrastructure to convey the storm water to the creek which carries the
100 -year storm run-off to the public storm water management facility—Scott Park Detention Areas
on the south branch of the Ralston Creek. No separate storm water management facility on the
property is required.
Infrastructure fees: The water main extension fee of $435 per acre will apply to this subdivision
and should be noted in the legal papers at the time of final plat approval. No fees for sanitary
sewer are required. As noted above, fees will also be collected for the improvement of Taft
Avenue.
STAFF RECOMMENDATION: Staff recommends that REZ17-00011, a rezoning of 1.59 acres
from Medium Density Single Family (RS -8) zone to RM -12 Low Density Multi -family, for property
PC CISteg ReponsVez17-00011 sub17 DWS stonebridge wrrected 10 doc
located on Huntington Drive, south of Thames be approved subject to a conditional zoning
agreement requiring compliance with the following:
1. the developer is required to dedicate space along Taft Avenue for right-of-way and
construction easements to allow the future improvement of the arterial street;
2. substantial conformance with the concept plan in regard to lot depths and street layout;
and
3. substantial compliance with the landscaping plan dated 10-12-09
4. substantial compliance with the elevations submitted for two buildings consisting of 4
townhomes each.
Staff recommends approval of SUB17-00008, a 22 -lot, 7.9 acre preliminary plat located along
Huntington Drive and Thames Drive.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Rezoning Exhibit
4. Elevations
5. 10/12/08 Landscape Plan
6. Summary Report of Good Neighbor Meeting
Approved by: / \/
John Yapp, Develo ment Servi9 s Coordinator,
Department of Neighborhood and Development Services
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PRELIMINARY PLAT & SENSITIVE AREAS DEVELOPMENT PLAN
STONE BRIDGE ESTATES, PART TEN
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REZONING EXHIBIT
STONE BRIDGE
ESTATES, PART TEN
IOWA CITY
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05-25,17
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LARGE EVERGREEN SHRUBS 10/12/09
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Summary Report for
Good Neighbor Meeting
Project Name: Stone Bridge Estates, Part Ten
Meeting Date and Time: June a, 2017 at 5:30pm
Meeting Location: St. Patricks Church
I P 1
CITY OF IOWA CITY
Location: Huntington & Thames Drive
Names of Applicant Representatives attending: John Moreland
Names of City Staff Representatives attending: Marcia Bollinger
Number of Neighbors Attending; Sign -In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary)-
Concerns expressed regarding project (attach additional sheets if necessary) -
Will there be any changes made to the proposal based on this input? If so, describe:
1'V v — G� a v,., Gt e S W e s(' VVI k d' 2 ;M0 0 r2.
ti.'p. •:
Staff Representative Comments
Initial concerns expressed included the multi -family rental causing instability to the neighborhood.
Others suggested they were told all development to Scott Blvd. would be single family. The schedule for improvements
to Taft and connection with Thames was also of interest as the need to access it by the new residents was important.
Good Neighbor Meeting
June 8th @ 5:30pm
Stone Bridge Estates, Part Ten
St. Patricks Church
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Planning and Zoning Commission
July 6, 2017 — Formal Meeting
Page 10 of 13
Hensch moved to defer the item until the next meeting so an additional goal can be
drafted regarding the woodland preservation along the Dubuque Street entrance.
Dyer noted the houses on Knollwood Lane may qualify as historical houses since they are mid-
century modern that were created by a distinctive developer.
Parsons seconded the motion and concurred
Parsons noted that when he read the North District Plan there was already mention of trying to
preserve the area, so would that statement remain. Yapp confirmed that would remain in the
Plan. The current language discusses the scenic character of the corridor but doesn't get into
the specific woodland preservation or natural areas.
A vote was taken and the motion carried 6-1 (Signs dissenting).
REZONING / DEVELOPMENT ITEM (REZ17-00011/SUB17-00008):
Discussion of an application submitted by Arlington LC for a rezoning of approximately 1.59
acres from Medium Density Single -Family (RS -8) zone to Low Density Multi -Family (RM -12)
zone and a preliminary plat of Stone Bridge Estates, Part Ten, a 22 -lot, 7.9 -acre residential
subdivision located southeast of the intersection of Thames Drive and Huntington Drive.
Yapp began the staff report showing a map of the location of the proposed subdivision. The
existing zoning is Medium Density Single -Family Residential (RS -8), to the south is Low Density
Multi -Family (RM -12) zone, and to the west is Planned Development 5, a Planned Development
Single -Family. The proposed application consists of two parts; the first part is rezoning lot 147
to Low Density Multi -Family consistent with the property to the south. The remainder of the
application is for a single-family subdivision, extending Huntington Drive to the northern property
line and extending Thames Drive to Taft Avenue. Yapp explained that the existing RS -8 zoning
does allow duplexes on corner lots and the applicant does intend to construct duplexes at the
intersection of Huntington and Thames Drives and that is why those lots are a little bit larger.
Yapp showed images of the proposed townhouses and lot 147 could accommodate
approximately 8 townhomes that would be accessed from a rear lane. When this property was
first rezoned in 2009 the City required a landscape buffer along Taft Avenue and a concept plan
was adopted and Staff now requires that same concept be required. The concern at the time
was someday Taft Avenue will become a major north/south arterial street and the hope is by the
time that happens this landscaping will have matured and help protect the rear yards of these
properties.
Staff recommends approval of REZ17-00011, a rezoning of 1.59 acres from Medium Density
Single Family (RS -8) zone to RM -12 Low Density Multi -family, for property located on
Huntington Drive, south of Thames be approved subject to a conditional zoning agreement
requiring compliance with the following:
1. The developer is required to dedicate space along Taft Avenue for right-of-way and
construction easements to allow the future improvement of the arterial street;
2. Substantial conformance with the concept plan in regard to lot depths and street layout;
and
3. Substantial compliance with the landscaping plan dated 10-12-09
4. Substantial compliance with the elevations submitted for two buildings consisting of 4
Planning and Zoning Commission
July 6, 2017 — Formal Meeting
Page 11 of 13
townhomes each
Stormwater management would be collected near the creek and directed along Scott Boulevard
stormwater basin, a City regional stormwater facility.
Staff also recommends approval of SUB17-00008, a 22 -lot, 7.9 acre preliminary plat located
along Huntington Drive and Thames Drive.
Hensch asked if Taft Avenue from Highway 6 to Rochester Avenue was a City road. Yapp
stated that most of that is half City half County but the City does have a maintenance agreement
with the County regarding who does dust control and snow removal.
Hensch shared the concern again regarding the appropriate amount for the developer to have to
improve. Yapp stated that when this property was rezoned in 2009 the amount (the 12.5%) was
stated in the Conditional Zoning Agreement at that time. Freerks noted these dwellings will be
fronting onto Huntington Drive not Taft Avneue.
Dyer asked if there are plans to extend the City limits to the other side of Taft Avenue at some
point. Yapp replied that the City's growth area does not extend much further east. The growth
area is defined as areas where the City can provide gravity sewer so unless a significant sewer
pump station were funded and constructed they could not provide sewer no more than a quarter
mile east of Taft Avenue.
Freerks opened the public hearing
John Moreland (960 Arlington Drive) is the developer. He noted that 25 years ago they started
on American Legion Road with 300 acres and have developed all the way up to Lower West
Branch Road. They have been very successful in mixing multi -family with single-family and feel
it is important to have a different price point for everyone involved. One of the reasons that
prompted this rezoning was the ability to build duplexes only on corner lots. Since there is the
cross street that goes through this area it allows for a nice place to put some ranch -style
duplexes which are very popular for retirees. They held a Good Neighbor Meeting and scaled
reduced the amount of townhouses they were originally proposing due to the feedback.
Freerks closed the public hearing.
Martin moved to approve SUB17-00008, a 22 -lot, 7.9 acre preliminary plat located along
Huntington Drive and Thames Drive and also REZ77-00011, a rezoning of 1.59 acres from
Medium Density Single Family (RS -8) zone to RM -12 Low Density Multi -family, for
property located on Huntington Drive, south of Thames be approved subject to a
conditional zoning agreement as stated in the Staff Report.
Parsons seconded the motion.
Hensch stated he likes seeing the mix of housing types in this area and supports that. Freerks
agrees.
A vote was taken and the motion carried 7-0.
Planning and Zoning Commission
July 6, 2017 — Formal Meeting
Page 12 of 13
CONSIDERATION OF MEETING MINUTES: JUNE 1, JUNE 7 and June 15, 2017
Hensch moved to approve the meeting minutes of June 1, June 7 and June 15, 2017.
Theobald seconded the motion.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Theobald requested that locations of firework selling stands be discussed at a future meeting.
Yapp noted that a City Council member has made the same request.
ADJOURNMENT:
Parsons moved to adjourn.
Hensch seconded.
A vote was taken and motion carried 7-0.
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-3565239 (REZ17-
00011)
Ordinance No.
An ordinance conditionally rezoning approximately 1.59 acres of property located west of Taft
Avenue and east of Huntington Drive, from Medium Density Single -Family Residential (RS -8)
zone to Low Density Multi -Family Residential (RM -12) zone. (RF -Z17-00011)
Whereas, the applicant, Arlington Development, he requested a rezoning of property located West of
Taft Avenue and East of Huntington Drive from Medium ensity Single -Family Residential (RS -8) zone to
Low Density Multi -Family Residential (RM -12) zone' a
nd
Whereas, the Comprehensive Plan indicatest�ndat the ar a is appropriate for low density residential uses;
and
Whereas, the Planning and Zoning Commission as the reviewed the proposed rezoning and
determined that it complies wit the Comprehensive PI provided that it meets conditions regarding the
future upgrade of Taft Avenue a an arterial street, mi um lot depths and landscape buffers for double -
fronting lots, and compliance wit the applicant's
appropriate transition to the adjacent on,
to I
Whereas, Iowa Code §414.5 ( 15) provides
conditions on granting a rezoning requ st, over an
needs caused by the requested change; d
Whereas, the owner has agreed that th rope
conditions of the Conditional Zoning Agreeme a
area of the city.
Now, therefore, be it ordained by the City Cou
Section I Approval. Subject to the Conditi al
herein, property described below is hereby recla she
Single -Family Residential (RS -8) zone to Low nsit)
posed townhome designs intended to provide an
north and east; and
at the City of Iowa City may impose reasonable
above existing regulations, in order to satisfy public
shall be developed in accordance with the terms and
ied hereto to ensure appropriate development in this
the City of Iowa City, Iowa:
ming Agreement attached hereto and incorporated
its current zoning designation of Medium Density
ulti- amity Residential (RM -12) zone:
BEGINNING AT THE SOUTHEAST ORNER OF ITOR'S PARCEL 2004098, IOWA CITY
IOWA, IN ACCORDANCE WITH THE P THEREOF RECO ED IN PLAT BOOK 48, AT PAGE 113
IN THE RECORDS OF THE JOHNSO COUNTY RECORDE 'S OFFICE; THENCE S89°59'58"W,
ALONG THE SOUTH LINE OF SAIDA ITOR'S PARCEL, 271.69 ET; THENCE NORTHEASTERLY
13.37 FEET ALONG A 500.00 FOOT AD CURVE CURVE CONCAVE N THWESTERLY, WITH A 13.37
FOOT CHORD BEARING N28 43'38"E; THENCE N27°57'40' 30.61 FEET; THENCE
NORTHEASTERLY 142.28 FE ALONG A 281.50 FOOT IU S CURVE CONCAVE
NORTHWESTERLY, WITH A 14 .77 FOOT CHORD BEARING N13°28'53 - TH@WCE Nl°59'54"W,
129.68 FEET; THENCE N89°00'06"E, 215.00 FEET TO A POINT ON THE EA L OF IDITOR'S
PARCEL 2004098; THENCE S00°59'54"E ALONG SAID EAST LINE, A DISTANC 09r`�0 FEE 40
THE POINT OF BEGINNING, CONTAINING 1.59 ACRES, (69,399 SQUARE FEET!J? D , JEQTO
EASEMENTS AND RESTRICTIONS OF RECORD. /r�.s
r • i
Section ll. Zoning Mao. The building official is hereby authorized and directed tgeJhe zomap
of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval,pnd pu kation
of the ordinance as approved by law. ko
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 car* 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.
Ordinance No.
Page 2
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorneys Office
20_
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ17-
00011)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Arlington Development, Inc. (hereinafter "Owner"):
WHEREAS, Owner is the legal title holder of approximately 1.59 acres of property located on
Huntington Drive West of Taft Avenue; and
WHEREAS, the Owner has requested the rezoning of said property from Medium Density
Single -Family Residential (RS -8) to Low Density Single -Family Residential (RM -12) zone; and
WHEREAS, the Planning and Zoning Commission has determined th t, with appropriate
conditions regarding the future upgrade of Taft Avenue, the nee to buffer residential
development on double -fronting lots abutting Taft Avenue, and t appropriate design of
townhomes to transition into the adjacent single-family dev pment, the zoning is in
conformance with the Comprehensive Play; and
WHEREAS, Iowa Code §414.5 (Xbuffering
es that a City of Iowa City may impose
reasonable conditions on grantingt's re ing request, over and above existing
regulations, in order to satisfy publicd the requested change; and
WHEREAS, the Owner acknowledgi conditions and restrictions are reasonable to
ensure the development of the prsi tent with the Comprehensive Plan and the
need for right-of-way improvementing evelopment from traffic along the arterial
street; and
WHEREAS, the Owner agre to develop this
conditions of this ConditioneIVZoning Agreement.
NOW, THEREFORE, iyf consideration of the mutual p
agree as follows:
1. Arlington Development, Inc. is the legal title holc
follows:
2. BEGINNING AT THS SOUTHEAST CORNER
IOWA CITY IOWA, IN ACCORDANCE WITH l
in accordance wiq5the t�3vins and
ZE L
Wises contained n, 00 p ies
of the property to fily jscritdas
c,s
7
AUDITOR'S PARCEL 2004098,
PLAT THEREOF RECORDED IN
PLAT BOOK 48, AT PAGE 115�,IN THE RECgRDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S89°59'58"W ALONG THE SOUTH LINE OF SAID
AUDITOR'S PARCEL, 271.69 FEET; THENCE -NORTHEASTERLY 13.37 FEET ALONG
A 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A 13.37
FOOT CHORD BEARING N28°43'38"E; THENCE N27°57'40"E, 30.61 FEET; THENCE
NORTHEASTERLY 142.28 FEET ALONG A 281.50 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, WITH A 140.77 FOOT CHORD BEARING N13028'53"E; THENCE
N00059'54"W, 129.68 FEET; THENCE N89°00'06"E, 215.00 FEET TO A POINT ON
THE EASE LINE OF AUDITOR'S PARCEL 2004098; THENCE S00°59'54"E ALONG
SAID EAST LINE, A DISTANCE OF 309.10 FEET TO THE POINT OF BEGINNING,
ppdada1agVrez17-0011 cza stone budge c s doc
CONTAINING 1.59 ACRES, (69,399 SQUARE FEET), AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
3. 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
(2017) 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, including the future upgrade of
Taft Avenue and appropriate buffers for lots that front on to the arterial street.
4. 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. Developer shall grant to City necessary temporary co truction easements, as
determined by the City, at no expense to the City, for the i ovement of Taft Avenue to
City standards;
b. Developer shall contribute 12.5% of the cost oupgrading to City standards that
portion of Taft Avenue adjacent to the land currorhtly being rezoned, as described in
paragraph 1 above, pursuant to Iowa City Ordin ce 15-3-2K;
c. lots adjacent to Taft Avenue shall
d. A minimum of 50% of the land
evergreen plantings. The landscapir
the attached landscaping plan. ,
rprfnum of 140 feet in depth; o
I along Taft Avenue shall W-tbmL}sed
other aspects shall substan�§Ir7tomply wi`
\ _+D 00 f
m
C-3 s
5. The Owner and City acknowl dge that the conditions contained hereiwaTe reoson4D
conditions to impose on a land under Iowa Code §414.5 (2017); and4at said
conditions satisfy public needs that are caused by the requested zoning change?
6. The Owner and City acknowledge that in the eventhe subject property is transferred,
sold, redeveloped, or subdivided, all redevelopmen willconform with the terms of this
Conditional Zoning Agreement.
7. The parties acknowledge that this Conditional Zoning greement shall be deemed to be
a covenant running with the land and with title to the I nd, 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.
The parties further acknowledge that this agree nt shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
8. The Owner acknowledge(s) 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.
9. 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
ppdadmlagtlre,17-0 011 cza stone bndge cm doc
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of
City of Iowa City
20_
Jim Throgmorton, Mayor By:
Attest:
Chris B. Guidry, City Clerk
Approved by:
City Attorney's Office
City Of Iowa City Acknowledgeme6l�
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
0
This instrument was acknowledged beforQ me\onThrogmorton (put in name of current Maybr) and
Clerk) as Mayor and City Clerk, respec�ly, of the City of
Corporate Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
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by Jim
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City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
ppdadMagUrez 17-0 Oil. stone bldge. dw 3
This instrument was acknowledged before me on
as
State of _
County of
or Seal)
Title (and Rank)
This record was acknowledged efore me on_
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was executed).
My
ppeadMagV=l 7-00011 as stone bdege =.dm 4
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said County and State
(Date)
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ17-
00011)
Ordinance No.
An o dinance conditionally rezoning approximate' 1.59 acres of property
locate west of Taft Avenue and east of Hun ' gton Drive, from Medium
Density Single -Family Residential (RS -8) one to Low Density Multi -
Family R idential (RM -12) zon/area
0011)
Whereas, the apple nt, Arlington Developmested a rezoning of property located West
of Taft Avenue and East f Huntington Drive from Single -Family Residential (RS -8) zone to
Low Density Multi -Family sidential (RM -12) zone
Whereas, the Compreh sive Plan indicates tppropriate for low density residential uses;
and
Whereas, the Planning I
d ZoningCo#nission has the reviewed the proposed rezoning and
determined that it complies with a Comprehe sive conditions regarding the future upgrade of Taft Avenue
as an arterial street, minimum lot pths and ndscape buffers for double -fronting lots, and compliance with
the applicants proposed townhom design intended to provide an appropriate transition to the adjacent
single-family to the north and east; an
Whereas, Iowa Code §414.5 (2 17 provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning requ t, over and above existing regulations, in order to satisfy public
needs caused by the requested chang , nd
Whereas, the owner and applicant as hat the property shall be developed in accordance with the terms
and conditions of the Conditional Zo ng Ag eement attached hereto to ensure appropriate development in
this area of the city.
Now, therefore, be it ordained W the City Co cel of the City of Iowa City, Iowa:
Section I Approval. Subject the Condition I Zoning Agreement attached hereto and incorporated
herein, property described below' the
reclass d from its current zoning designation of Medium Density
Single -Family Residential (RS 8) one to Low Density ulti-Family Residential (RM -12) zone:
BEGINNING AT THE OUTHEAST CORNER F AUDITOR'S PARCEL 2004098, IOWA CITY
IOWA, IN ACCORDANCE ITH THE PLAT THEREO RECORDED IN PLAT BOOK 48, AT PAGE 113
IN THE RECORDS OF T E JOHNSON COUNTY RE ORDER'S OFFICE; THENCE S89059'58"W,
ALONG THE SOUTH LIN OF SAID AUDITOR'S PARCE , 271.69 FEET; THENCE NORTHEASTERLY
13.37 FEET ALONG A 5 0.00 FOOT RADIUS CURVE CO CAVE NORTHWESTERLY, WITH A 13.37
FOOT CHORD EARING N28°43'38"E; THENCE 7°57'40"E, 30.61 FEET; THENCE
NORTHEASTE LY 142.28 FEET ALONG A 281.50 F OT RADIUS CURVE CONCAVE
NORTHWESTERLY, ITH A 140.77 FOOT CHORD BEARIN N13°28'53"E; THENCE N00059'54"W,
129.68 FEET; THEN E N89°00'06"E, 215.00 FEET TO A POIN ON THE EASE LINE OF AUDITOR'S
PARCEL 2004098; T ENCE S00°59'54"E ALONG SAID EAST LI A DISTANCE OF 309.10 FEET TO
THE POINT OF BE INNING, CONTAINING 1.59 ACRES, (69,399 UARE FEET), AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF R ORD.
Section II. Zoiiing Mai). The building official is hereby authorized and di cte
of the City of low City, Iowa, to conform to this amendment upon the final pas -N
of the ordinance as approved by law.
Section III. onditional Zoning Agreement. The mayor is hereby authorized
City Clerk attdst, the Conditional Zoning Agreement between the property own
passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the
to change the zoning map
approval and publication
directed to sign, and the
'hand the City, following
hereby authorized and directed to certify a copy of this ordinance, and record the same
the City Clerk is
the Office of the
County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
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.
q - C,
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ17-
00011)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and'Arlington Development, LC. (hereinafter "Owner"):
WHEREAS, Owner
Huntington Drive W
WHEREAS, the
Single -Family R(
the legal title holder of approximately 1.59 acres of property located on
,of Taft Avenue; and
WHEREAS, the Planning
conditions regarding the
development on double -fl
townhomes to transition
conformance with the Com
is requested the rezoning of said property from Medium Density
tS-8) to Low Density Single -Family Residential (RM -12) zone; and
nd Zoning Commission has etermined that, with appropriate
fu re upgrade of Taft Ave e, the need to buffer residential
mti lots abutting Taft Av nue, and the appropriate design of
into he adjacent single- mily development, the zoning is in
lrehen ive Plan; and
WHEREAS, Iowa Code §414.5 (N7)
reasonable conditions on granting a al
regulations, in order to satisfy public ne d
that the City of Iowa City may impose
rezoning request, over and above existing
by the requested change; and
WHEREAS, the Owner acknowledges t t certain conditions and restrictions are reasonable to
ensure the development of the prop y consistent with the Comprehensive Plan and the
need for right-of-way improvement and b ffering development from traffic along the arterial
street; and
WHEREAS, the Owner agre96 to develop th property in accordance with the terms and
conditions of this Conditional/Zoning Agreement.
NOW, THEREFORE, in onsideration of the mutual promises contained herein, the parties
agree as follows: \
1. Arlington De�lelopment, Inc. is the legal title holder of the property legally described as
follows: / \
BEGIN NG AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2004098,
IOWA/CITY IOWA, IN ACCORDANCE WITH T PLAT THEREOF RECORDED IN
PLA BOOK 48, AT PAGE 113 IN THE RECOS OF THE JOHNSON COUNTY
RE ORDER'S OFFICE; THENCE S89°59'58"W, AL NG THE SOUTH LINE OF SAID
AUDITOR'S PARCEL, 271.69 FEET; THENCE NOR EASTERLY 13.37 FEET ALONG
A 500.00 FOOT RADIUS CURVE CONCAVE NOF1THWESTERLY, WITH A 13.37
FOOT CHORD BEARING N28°43'38"E; THENCE N27 7'40"E, 30.61 FEET; THENCE
NORTHEASTERLY 142.28 FEET ALONG A 281.50 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, WITH A 140.77 FOOT CHORD BEARING N13°28'53"E; THENCE
N00°59'54"W, 129.68 FEET; THENCE N89°00'06"E, 215.00 FEET TO A POINT ON
THE EASE LINE OF AUDITOR'S PARCEL 2004098; THENCE S00°59'54"E ALONG
SAID EAST LINE, A DISTANCE OF 309.10 FEET TO THE POINT OF BEGINNING,
ppdadnVagttrez17-00011 = stone bndge ma (5(.doc
CONTAINING 1.59 ACRES, (69,399 SQUARE FEET), AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner ack owledges that the City wishes to ensure conformance to the principles
of the Compreh nsive Plan. Further, the parties acknowledge that Iowa Code §414.5
(2017) provides tt the City of Iowa City may impose reasonable conditions on granting
an applicant's rezing request, over and above the existing regulations, in order to
satisfy public needs caused by the requested change, including the future upgrade of
Taft Avenue and appr priate buffers for lots that fronton to the/arteI street3. In consideration of th City's rezoning the subject propwner agrees that
development of the subje t property will conform to all other rents of the zoning
chapter, as well as the foil Wing conditions:
a. At time of final plat, the deJteloper shall grant to City ne essary temporary construction
easements, as determined by`the City, at no expense/the the City, for the improvement of
Taft Avenue to City standards;
b. Prior to issuance of a buildingrmit, the dev per shall contribute 12.5% of the cost
of upgrading to City standards tha or n of ft Avenue adjacent to the land currently
being rezoned, as described in para raph 1 ove, pursuant to Iowa City Ordinance 15-
3-2K. The cost shall be based on an stim a to be provided by the City Engineer; and
c. lots adjacent to Taft Avenue shall beX minimum of 140 feet in depth; and
d. A minimum of 50% of the Ian cap(g along Taft Avenue shall be comprised of
evergreen plantings. The landsca mg in a other aspects shall substantially comply with
the attached landscaping plan.
4. The Owner and City ackno edge that the c nditions contained herein are reasonable
conditions to impose on a land under lo,,a Code §414.5 (2017), and that said
conditions satisfy public e that are caused the requested zoning change.
5. The Owner and City cknowledge that in the ev t the subject property is transferred,
sold, redeveloped, subdivided, all redevelopme twill conform with the terms of this
Conditional Zonina areement.
6. The parties ack owledge that this Conditional Zoning greement shall be deemed to be
a covenant ru ing with the land and with title to the la d, and shall remain in full force
and effect a a covenant with title to the land, unless o until released of record by the
City of low City.
The part' s further acknowledge that this agreement shall in a to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge(s) that nothing in this Conditional Zo 'ng Agreement shall be
construed to relieve the Owner or Applicant from complying w h 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
ppdadWagV.17-0001Y1. stone bddge=(5).doo 2
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of 20_.
1
City of Iowa City
Jim Throgmorton,
Attest:
Clerk
Approved by: \
9C/ ( ,, /;(, ,..., I ,"/s��'
City Attorney's Office )1,z-71,-,
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was ackng(wledged before me
Throgmorton (put in nam of current Mayor) and Chris\B.
Clerk) as Mayor and Ci Clerk, respectively, of the City of
(Stamp or Seal)
Title (and Rank)
Corporate Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
ppdadndagVrez1 ]-00011 coa stone bridge cza (5(.doc 3
20_ by Jim
Guidry (put in name of current City
City.
for the State of Iowa
This instrument was acknowledged before me on
State of
County of
This record was acknowledged be
by
was executed).
as
me
20_ by
of Inc.
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
of individ al(s) as
(,Oe of authority, such as officer or trustee) of
(name of party on behalf of whom record
Public in and for the State of Iowa
or Seal)
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Staff Recommendation
Staff recommends approval of REZ17-00011, a rezoning of
1.59 acres to RM -12 Low Density Multi Family subject to a
Conditional Zoning Agreement:
1. Dedication of right of way and construction easements
along Taft Avenue
2. Conformance with the concept plan in regard to lot depths
and street layout
3. Compliance with the landscaping plan dated 10-12-09
4. Compliance with the elevations submitted for the multi-
family buildings
The Planning and Zoning Commission recommended approval
by a vote of 7-0
Publish 7/24
Notice of public hearing on a Resolution of
intent to consider the proposed conveyance of a
utility easement on and over portions of the
Iowa City Municipal Airport to accommodate
construction of additional hangars and setting
a public hearing on said proposal for August 1,
2017.
To all taxpayers of the City of Iowa City, Iowa, and
to other interested persons:
Public notice is hereby given that the City Council
of the City of Iowa City, Iowa, will conduct a public
hearing on its intention to convey a utility
easement on and over portions of the Iowa City
Municipal Airport at 7:00 p.m. on the 1" day of
August, 2017, said meeting to be held in the
Emma J. Harvat Hall in the City Hall, 410 E.
Washington Street in said city, or if said meeting
is cancelled, at the next meeting of the City
Council thereafter as posted by the City Clerk.
Said resolution and easement agreement are
now on file in the office of the City Clerk in the City
Hall in Iowa City, Iowa, and may be inspected by
any interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
the proposed sale of said storm sewer easement.
This notice is given by order of the City Council of
the City of Iowa City, Iowa and as provided by law.
Kellie K. Fruehling, City Clerk
FILE®
�'.3o P m
JUL 18 1017
City Clerk
Iowa City, Iowa
and Retum to: Eric Goers, Iowa City Attomey's Office. 410 E. Washington. Iowa City. lA
UNDERGROUND UTILITY
Late Handouts Distributed
--I —t2 -C)
(Date)
In considerati of One and no/100 Dollar ($Y.00), and other valuable consideration,
Grantor, the City of Io a City, a municipal corporatio hereby grants to MidAmerican Energy
Company, Centurylink, c., Mediacom Iowa LLC, On Communications, L.L.C., and their
successors and assigns (c Ilectively referred to "Grantees'), a perpetual, non-exclusive
easement to construct alta reconstruct, opi
underground conduits, wires d cables for the
and for communication and a cal contro
including but not limited to, met , valves s
reasonably necessary equipment in . ent ther t
the surface of the ground, through an cross e
"A", together with the right of ingress d egr
privileges incident and necessary to the e ' yme
Grantor, its successors in interest
for purposes which will not interfere J�
granted; provided that Grantor shall ndt
said areas, or diminish or subsi
Sidewalks and driveways may be
trees or fences shall be placed on
be used for gardens, shrubs, mil
interfere with the aforesaid uses t
caused by Grantees within the eat
at ,maintain, replace or remove line(s) and
tsd
mission and distribution of electric energy
for the transportation of natural gas,
pport brackets, piping, line markers and other
1 (collectively "Facilities") under, upon and on
easement area described on the attached Exhibit
ss to and from the same, and all the rights and
tt of this easement ("Easement Area").
,bnd signs, reserve the right to use said easement areas
rich Grantees' full enjoyment of the rights hereby
erect o construct any reservoir or other obstruction on
rrr add to a ground cover over said easement areas.
structed on th easement areas. No permanent dwellings or
areas so design ted for utility easement, but the same may
r landscaping and ther purposes that do not then or later
the rights herein gr ed. Grantees shall repair any damage
gent areas.
Dated this 4ay of V 2017.
J
GRANTOR CITY OF IOWA CITY, IOWA
By:
James A. Throgmorton, Mayor
ATTEST:
By:
Kellie K. Fruehling, City Clerk
STATE OF IOWA \ )
�*l
COUNTY OF JOHNSON
On this day of
for said State, personally appear
personally known, who being dul
respectively, of the City of Iowa City,
of the State of Iowa, and that the seal ffi:
Municipality, and that said instrument w s
authority and resolution of its City Counci ,
instrument to be the free act and deed of said
Approved by
City Attorney's
James A.
swom, did say
owa. a M
FILE®
JUL 18 1011
City Clerk
Iowa City, Iowa
017, before me a Notary Public in and
Thro
E/horton and Kellie K. Fruehling, to me
at they are the Mayor and City Clerk,
ipality created and existing under the laws
i)/the foregoing instrument is the seal of said
and sealed on behalf of said Municipality by
said Mayor and City Clerk acknowledged said
icipality by it voluntarily executed.
Public in and for the State of Iowa
EXHIBIT "A" Page 1
Parcel Legal Description:
Beginning at a point in the center of the Harris Road (now known as the Red Ball Route), said point being 777.6 feet South and 2823.7 feet East
of the Southwest corner of the NW1/4 SE1/4 of Sec 16, Twp. 79 N., R 6 West of the 51h P.M.; running thence in a Northwesterly direction along
the center of said road 135.3 feet; thence West 261.3 feet to a stake; thence South 132 feet; thence East 290.7 feet to the place of beginning.
And
Beginning at a point which is 290.7 feet West and 132 feet North of a point in the center of the Harris Road known a U.S. Highway #218, said
reference point being 772.6 feet South and 2823.7 feet East of the Southwest corner of the NW I/4 SEI/4 of Sec.16 Twp.79 N., R. 6 West of the
51h P.M.; thence North 75 feet; thence due East to the center of said Harris Road; thence southeasterly along the center of said road to a point
261.3 feet due East of the place of beginning; thence due West to the place of beginning. Excepting therefrom that portion condemned for
highway purpose by proceedings recorded in Book 381, Page 24, Records of Johnson County, I a, subject to easements and restrictions of
record.
Easement Area:
A ten (10') feet wide easement commencing at the northeast property co er thence south along the east property line One Thousand Seven
Hundred Thirty-Nine (1739') feet, more or less, to the po of begin ' g #1 (POB #1); thence west One Hundred Forty-Five (145') feet, more or
less, thence north Thirty (30') feet, more or less, thence west undred Sixteen (116') feet, more or less, to a point of terminus.
AND
A ten (10') feet wide easement commencing a e northeast property corner thence so long the east property line One Thousand Three
Hundred Eighty-four (1384') feet, more or ss, thence straight south Three Hundred Thirty-Five feet, more or less, to the point of beginning
#2 (POB #2); thence south Two Hundr Ninety-Five (295') feet, more or less, thence southwesterly Two Five (205') feet, more or less,
thence southwesterly Seventy-fiv 5') feet, more or less, thence west Eighty (80') feet, more less, thence southwesterly Seventy-one (71') feet,
more or less, thence west Fifty ive (55') feet, more or less, to and including a pad mount and transformer. eon
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MidAmerican
Customer: Cit of Iowa City, Iowa DR # 2545900
N�
NWINGT —
Address: 1801 S. Riverside Dr.
Scale: Not to Scale Date: May 17, 2017
Cit : Iowa City State: Iowa
Folder: 002-16 ISec 21, T 79 N, R 6 W
Job Desc: Underground Utility Easement
EXHIBIT "A" Page 2
Northeast Property Corner
Legend
�
Subject Property Line & ROW
�l1 - Easement Area
v
ntrarep
Parcel:
in
m
u+
o
1021126004
111'
w
150'
POB #1
m
m
POB#2
.y
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205'
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IV/AF MidAmerican
Customer: Cit of Iowa City, Iowa
DR #
2545900
N�
Address: 1801 S. Riverside Dr.
Scale: Not to Scale
Date:
May 17, 2017
Cit : Iowa City State: Iowa
Folder: 002-16
ISec 21, T 79 N, R 6 W
Job Desc: Underground Utility Easement
c-
1
Prepared by: Enc Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Resolution conveying a utility easement on and over portions of
the Iowa City Municipal Airport to accommodate construction of
additional hangars.
Whereas, MidAmerican Energy Compan)Ci
requested that the City grant to it
a utility easement across a portion of the IowMunicipal Airport grounds; and
Whereas, the Iowa City Airport Commisss passed a resolution requesting
that Council approve his easement, as onlncil has the authority to convey
permanent property ri hts on Airport propert�
Whereas, the City
within the same space
same structures; and
Whereas, it is in the best
easement.
to convey an/easement for use by other utilities
other utilities t some later point wish to access the
of Oe Airport, and the City, to grant the utility
Now, therefore, be it resolvedliy tta(e City Council of the City of Iowa City, Iowa,
that: �(
1. The attached UndergrouUtili Easement is hereby approved, and the
Mayor is hereby authorize to exe to and the City Clerk to attest same on
behalf of the City of Iowa Ity.
2. Upon execution of tl attached Und ground Utility Easement, the City
Clerk shall record the easement with the hnson County Recorder.
Passed and approved this
Mayor
Attest:
City Clerk
day of , 2017.
App ed by
e a
City Attorney's Office
N
O_
r --
=<m
-°
m
It was moved by and seconded by
Resolution be adopted, and upon roll call there were:
Ayes:
Nays:
the
EXHIBIT "A" Page 1
Parcel Legal Description:
Beginning at a point in the center of the Harris Road (now known as the Red Ball Route), said point being 777.6 feet South and 2823.7 feet East
of the Southwest corner of the NW 1/4 SE1/4 of Sec 16, Twp. 79 N., R 6 West of the 5`h P.M.; running thence in a Northwesterly direction along
the center of said road 135.3 feet; thence West 261.3 feet to a stake; thence South 132 feet; thence East 290.7 feet to the place of beginning.
And
Beginning at a point which is 290.7 feet West and 132 feet North of a point in the center of the Harris Road known a U.S. Highway #218, said
reference point being 772.6 feet South and 2823.7 feet East of the Southwest corner of the NW1/4 SE1/4 of Sec.16 Twp.79 N., R. 6 West of the
5'h P.M.; thence North 75 feet; thence due East to the center of said Harris Road; thence southeasterly along the center of said road to a point
261.3 feet due East of the place of beginning; thence due West to the place of beginning. Excepting therefrom that portion condemned for
highway purpose by proceedings recorded in Book 381, Page 24, Records of Johnson County, Iowa, subject to easements and restrictions of
record.
Easement Area:
A ten (10') feet wide easement commencing at the northeast p perty corner Thence south along the east property line One Thousand Seven
Hundred Thirty-Nine (1739') feet, more or less, to the point of be #1 (POB #1); thence west One Hundred Forty-Five (150') feet, more or
less, thence north Thirty (30') feet, more or less, thence west Hu red Sixteen (111') feet, more or less, to a point of terminus.
AND
A ten (10') feet wide easement commencing at the northeast property corner th ce south along the east property line One Thousand Three
Hundred EiVy-four (1384') feet, more or less, thence straight south Three Hundre Thirty-Five (335') feet, more or less, to the point of beginning
#2 (POB #2)"hence.south Two Hundred Ninety-Five (280') feet, more or less, thence s thwesterly Two Hundred Five (205') feet, more or less,
the soutfi7wes1eY{y"Seventy-five (75') feet, more or less, thence west Eighty (80') feet, re less, thence southwesterly Seventy-one (71') feet,
mor IesShewest Fifty-Five (50') feet, more or less, to and including a pad mount an ransformer.
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MidAmencan Customer: Cit of Iowa City, Iowa DR # 2545900
N�
sweatyAddress: 1801 S. Riverside Dr. Scale: Not to Scale Date: May 17, 2017
Cit : Iowa City State: Iowa Folder: 002-16 ISec 21, T 79 N, R 6 W
Job Desc: Underground Utility Easement
EXHIBIT "A" Page 2
Northeast Property Comer
Legend
Subject Property Line & ROW
111j - Easement Area
Air ort E
Parcel:
N w
m o
1021126004
111'
w
150'
POB #1
d
o d POB #2
N <L
•_
T 9
a
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205'
M
N >-U
t
^y
0
Q
80'
y
ate.+
1
50'
MidAmerican
Customer: Cit of Iowa City, Iowa
DR # 2545900
N�
��`•��-•----
Address: 1801 S. Riverside Dr.
Scale: Not to Scale
Date: May 17, 2017
Cit : Iowa City State: Iowa
Folder: 002-16
JSec 21, T 79 N, R 6 W
Job Desc: Underground Utility Easement
I
NOTICE OF PUBLIC HEARING ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE
WATER TREATMENT PLANT SUPERVISORY CONTROL AND DATA ACQUISITION
(SCADA) SYSTEM UPGRADE PROJECT
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER
INTERESTED PERSONS:
Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con-
duct a public hearing on plans, specifications, form of contract and estimated cost for the
construction of the Water Treatment Plant SCADA System Upgrade Project in said city at
7:00 p.m. on the 151 day of August, 2017, said meeting to be held in the Emma J. Harvat
Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled,
at the next meeting of the City Council thereafter as posted by the City Clerk.
This project includes the upgrade of SCADA system hardware and software components
and is located at 80 Stephen Atkins Dr., Iowa City, IA 52240.
Said plans, specifications, form of contract and estimated cost are now on file in the office
of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested
persons.
Any interested persons may appear at said meeting of the City Council for the purpose of
making objections to and comments concerning said plans, specifications, contract or the
cost of making said improvement.
This notice is given by order of the City Council of the City of Iowa City, Iowa and as
provided by law.
KELLIE K. FRUEHLING, CITY CLERK