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HomeMy WebLinkAbout2018-03-06 OrdinanceLate Handouts Distributed Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City TA'52240'3fy 5 3 � /( (REZ17-00019) (Date) Ordinance No. An ordinance conditionally rezoning approximately 0.5 acres of property located at 1010 S. First Avenue from Low Density Single - Family Residential (RS -5) to Community Commercial (CC -2),1022 S. First Avenue from Low Density Single -Family Residential (RS -5) to Commercial Office (CO -1), and a portion of 1025 Wade Street from Commercial Office (CO -1) to Community Commercial (CC -2). (REZ17-00019) Whereas, the applicant, Kum & Go, L.C., has requested a rezoning of property located at 1010 S. First Avenue from Low Density Single -Family Residential (RS -5) to Community Commercial (CC -2), 1022 S. First Avenue from Low Density Single -Family Residential (RS -5) to Commercial Office (GO -1), and a portion of 1025 Wade Street from Commercial Office (CO -1) to Community Commercial (CC -2); and Whereas, the purpose of this rezoning is to allow for the consolidation of two gas stations, located at 2303 Muscatine Avenue and 2315 Muscatine Avenue, by contributing to the site of a redeveloped Kum & Go Market and gas station and providing parking for the Iowa City Hospice, located at 1025 Wade Street; and Whereas, the subject area is located within the Towncrest Urban Renewal Area and Towncrest Design Review District; and Whereas, the Comprehensive Plan supports redevelopment in this area according to Design Review standards; and Whereas, the proposed redevelopment meets several comprehensive plan goals, including improving the pedestrian environment, reducing the number of curb cuts on the property, and providing landscaped screening between commercial and residential uses; and Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for conformance with the submitted concept and landscaping plans and the need for additional landscaping in parking areas; and Whereas, to avoid splitting platted lots with into two different zoning classifications, it is reasonable to require that the Owners replat the properties to conform to the zoning boundaries established in the rezoning ordinance to which this Agreement is attached and incorporated; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the properties described below are hereby classified as: Ordinance No. Page 2 A. CO -1: Auditor's Parcel 2018018 (Parcels A and B), as shown in Book 61, Page 392, in the records of the Johnson County, Iowa Recorder's Office. B. CC -2: Auditor's Parcel 2018017(Parcel A), as shown in Book 61, Page 391, in the records of the Johnson County, Iowa Recorder's Office. C: CC -2: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK ONE, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N01°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 12.52 FEET; THENCE N13043'15"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 28.69 FEET; THENCE N01020'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 18.15 AND THE POINT OF BEGINNING; THENCE CONTINUING N01020'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 73.48 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL; THENCE N88000'49"E ALONG THE NORTHERLY LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID PARCEL, A DISTANCE OF 117.10 FEET; THENCE S01017'34"E ALONG THE EASTERLY LINE OF SAID PARCEL TO THE SOUTH EAST CORNER OF SAID PARCEL, A DISTANCE OF 74.71 FEET; THENCE S88034'51"W, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 117.04 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 0.20 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD. Section II Zoning Map The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owners and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of .2018. MAYOR ATTEST: CITY CLERK Ordinance No. Page 3 Appoved by City Attorney's Office Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 03/06/2018 Vote for passage: AYE S Mims. NAYS: None. Second Consideration _ Vote for passage: Date published Botchway Cole Mims Salih Taylor Thomas Throgmorton that the Salih, Taylor, Thomas, Throgmorton, Cole, ABSENT: Botchway. Late Handouts Distribu ed 133 i7 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washingron, Iowa City, IA 52240 (319) 3 6t52A0 {REZ17-Oep1g) Conditional Zoning Agreement This agreement is made >between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Builders of Hope Global Village, L.L.C., KG Store 502, L.L.C., and Iowa City -Hospice, Inc. (hereinafter collectively referred to as "Owners"), and Kum & Go. L.C. (hereinafter "Applicant"). Whereas, Owners are the collective legal title holder Of approximately 0.5 acres 01 Property located at 1010 S. First Avenue, 1022 S. First Avenue, and 1025 Wada Street, Iowa City, Iowa; and Whereas, the Applicant has requested the rezoning of 1010 S. First Avenue and a portion of 1025 Wade Street to Community Commercial (CC -2), and 1022 S. First Avenue to Commercial Office (CO -1), and Whereas, the requested rezoning will allow commercial development in close proximity to exiting residential uses; and Whereas, the Planning and Zoning Commission has determined that landscaping with over -story trees, evergreens trees, and shrubs Is necessary to buffer residential uses tram lighting, noise, and traffic associated with commercial uses; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding conformance to submitted concept and landscaping plans, the requested zoning is consistent with the Comprehensive Plan; and Whereas, to avoid splitting platted lots with into two different zoning classifications, it is _ rlo reasonable to require that the Owner; replat the propertiesto conform to the zoning boundaa established in the rezoning ordinance to which this Agreement is attached and incorporated; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, to Satisfy public needs caused by the requested change; and Whereas, the Owners and Applicant acknowledge that certain conditions and restrictions re areasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for landscaped buffers between commercial and residential uses; and Whereas, the Owners and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: APzolsola Builders of Hope Global Village, LLC. is the legal title holder of the property legally Parcel B described as Auditor's Parcel 2018ojeas shown In Book 1pt , Page- in the records of the Johnson County, Iowa Recorder s Office. h �{ F` L `i'�I°ti"t ��17t} khCarDal� PP W WagV=174e014 W40o uQ zDft qg ROW? km and p",due AP 2018018 2, KG Store 502, L.L.C., is the legal title holder of the property legally described as Parcel A Auditor's Parcel 201808, as shown in Book kJ , Page391, in the records of the Johnson County, Iowa Recorder's Office AP 2018017 3. Iowa City Hospice, Inc. is the legal title holder of the property legally described as Parcel A 17 Auditor's Parcel 2018on, as shown in Book ! i ,Page 391, in the records of the Johnson County, Iowa Recorder's Office. 4, The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southeast District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change, 5. In consideration of the City's rezoning the subject property, Owners and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, that no building permit shall be issued for any of the subject property until the City Council approves a final plat resubdividing the subject property to conform to the zoning boundaries established by the rezoning ordinance to which this Agreement is attached; and that any development on the subject property shall generally general conform to the attached site plan, particularly with regarding to the landscaping intended to provide a buffer between commercial and residential uses; and 6. The Owners and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 7. The Owners and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 8. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 9. The Owners and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners or Applicant from complying with all other applicable local, state, and federal regulations. 10. 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 to day of. M"CcA 20_Lq City of Iowa City ppdadWoWeW W019 emomwz,".0 ag,."nl Num and go.dw 2 Builders of Hope Global Village, L.L.C. Jim Throgrnorton; Maybr Attest: Kellie FrUehling, City Clerk Approved by: ify Attorney a Office �� City of 1QWa City Acknowledgement: STATE OF IOWA ) JOHNSON COUNTY KG Store 502, L.L.C. By, Iowa city Hoyplce, Inc. Kum & Go, L.C. BY This instrument WAS acknowledged before me on 20_ by Jim Throgmorton end Kellie Fruehling as Mayor and 6ty Clerk, respectively, of the Cltyof Iowa City. 'Wesly Pubtiein anu Tor the State of Iowa (Stamp or gee[) Suiklgrs of Hope Global Village, L.L.C. Acknowledgment; STATE OF IOWA ) ) SS: COUNTY) Tfla Int rn nt was acknowledged before me on kkUyL� �` 20„4'' by as �l.. _ t of Suifders of Hope Criobal Village, L.L,C, WC�ef c �l; JIM Throgmorton, Mayor Attest: Wile Fluehflng, Clty Glark Apprnvod by: CltyAttomey OOffloe City of lawn Clty Acknowledgement; STATE of IOWA ) JOHNSON COUNTY ) gy; XG Stare sot, LLC. ey; X10 10wwa City Hos-j-pice, Inc. za Kum & Oa, L,C, WE This instrument was acknowledged before me an 20 by Jim Thrcgmorton and Ke@e Fruehling as Mayor and City Clerk, respects ft of the City of Iowa Oily. Notary Pubtio In and for the State of Iowa (Stamp or sea)) Builders of Hope Global Village, LLC, Acknowledgment: STATE OF IOWA j ) es: COUNTY) TNs Instrument was noknowledged before me on as of Builders of Hope Global Village, II PPdq*WWk '?4010 OMA" YA*Q 141 Im ndM4. 3 Notary Public in and for said State (Stamp or SeaD KO Store 602, L.L.C, Acknowledgement: STATE OF IOWA ) ) as: COUNTY ) This Instrument was acknowledged before T_Ea as Iowa City Hospice, Inc. Acknowledgment: STATE OF IOWA me on , 20,__, by of KG Store 502, Notary Public In and for said State (Stamp or Seal) ) as: JOHNSON COUNTY ) This Instrument was acknowledged before me on S2off by __ Kar16 komQ jas ewe e, IrPcdf)r of Iowa City Hospide, Inc. Notary Public In and for Bald Stato "— (Stamp or Seal} Kum and Go, L.C. Acknowledgement: STATE OF IOWA ) ) ss: COUNTY ) This Instrument was acknowledged before me on as MONTALVO CMy kgonHubber786�B6 atl,xotErg 20 by of Kum & Go, L,G. Notary Public in and for said State (Stamp or Seal) PP m '9*WTT 7amWmaM" eWIMM kma and V1W 4 Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: City Attorney's Office City of Iowa City Acknowledgement: STATE OF IOWA ) ) ss; JOHNSON COUNTY } a KG 5tor 502, L.L.C. By: CRJ�O. (i 62G5�R-OM Iowa City Hospice, Inc. Kum , L,C. By'ca.�r�G t6�Lass�.on^ This instrument was actmoWedged before me on 20_ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Builders of Hope Global Village, L.L.C. Acknowledgment: STATE OF IOWA ) ) ss: COUNTY) This instrument was acknowledged before me on as Global Village, L.L.C. PPdadrdWlez17-0 19 wrddonWm jnq a9mmm0um and Qm4w 3 20_ by of Builders of Hope Notary Public in and for said State (Stamp or Seal) KG Store 502, L.L.C. Acknowledgement; =Notarlal RNEAU l - IOWASTATE OF IOWA o.8o1748bruary 18.20 2Et ss: Q�9 ,COUNTY ) This instrument was acknowledged before me an MAp4m 6 , 20 It by CIZA't a t3G1LG5tryoM as CFO of KG Store 502, L.L.C. Notary Puibilb in and for said State (Stamp or Seal) Iowa City Hospice, Inc. Acknowledgment: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on as Hospice, Inc. Notary Public in and for said State (Stamp or Seal) Kum and Go, L.C. Acknowledgement: STATE OF IOWA ) ) ss: off_ COUNTY ) 20 by Of Iowa City This instrument was acknowledged before me on KAiGN 6 , 20!$ by UZAW% of Kum & Go, L.C. DAME~ GARNEAU Notary Pu is in and for said State g. Notarlal Seal • IOWA (Stamp or Seal) OOmmlealon No. 801748 My Commtralon Expire February 18, 20 I— ----------------- 3 ppdaamv0k0z17.0001 9 MAdOnIONA00 wftwml pa,m and amw EXHIBIT COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK ONE, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N01"24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 12.52 FEET; THENCE N13"43'15'E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 28.69 FEET; THENCE N01°20'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 18.15 AND THE POINT OF BEGINNING; THENCE CONTINUING N01°20'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 73.48 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL; THENCE N88°00'49"E ALONG THE NORTHERLY LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID PARCEL, A DISTANCE OF 117.10 FEET; THENCE S01°17'34"E ALONG THE EASTERLY LINE OF SAID PARCEL TO THE SOUTH EAST CORNER OF SAID PARCEL, A DISTANCE OF 74.71 FEET; THENCE S88 -34-51"W, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 117.04 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 0.20 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD. Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240 (REZ17-00017) Ordinance No. 18-4740 Ordinance rezoning approximately 53.29 acres of property from High Density Single Family Residential (RS -12) to Planned Development Overlay—High Density Single Family Residential (OPD/RS-12) zone for 50.11 acres and Commercial Office (CO -1) zone for 3.18 acres located south of 1-80 between Dubuque Street and Prairie Du Chien Road (REZ17-00017). Whereas, the applicant, University Lake Partners ll, LLC, has requested a rezoning of property located south of 1-80 between Dubuque Street and Prairie Du Chien Road from High Density Single Family Residential (RS -12) to Planned Development Overlay—High Density Single Family Residential (OPD/RS-12) zone for 50.11 acres and Commercial Office (CO -1) zone for 3.18 acres; and Whereas, the Comprehensive Plan, specifically the North District Plan indicates that the extension of Foster Road is desirable and that the subject area is appropriate for residential and commercial development designed to conserve and protect environmentally sensitive areas; and Whereas, the rezoning and planned development allows for multifamily residential and commercial development clustered away from environmentally sensitive areas; and Whereas, the planned development includes a 23.87 acre outlot that will be set aside as private open space; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and attached Planned Development Sensitive Areas Development Plan and has recommended approval; and Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: Section I Approval. The property described below is hereby classified as Planned Development Overlay—High Density Single Family Residential (OPD/RS-12) in accordance with the attached Planned Development Sensitive Areas Development Plan: A RESUBDIVISION OF AUDITOR'S PARCEL 'A' AS RECORDED IN BOOK 32, PAGE 52, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; AUDITOR'S PARCEL 'B' AS RECORDED IN BOOK 32, PAGE 53, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, A TRIANGULAR PIECE LAYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, AND SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80, EXCEPT THAT LAND CONVEYED TO THE CITY OF IOWA CITY FOR FOSTER ROAD AS RECORDED IN BOOK 3058 PAGE 1 OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THE PARCEL DESCRIBED IN TRUSTEE WARRANTY DEED RECORDED IN BOOK 5696, PAGE 474 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; PART OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST LYING SOUTH OF INTERSTATE 80; AND ALL OF THE PARCEL DESCRIBED IN WARRANTY DEED 4879-681 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; ALL LOCATED IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. EXCEPT; A RE -SUBDIVISION OF AUDITOR'S PARCEL "A" AS RECORDED IN BOOK 32, PAGE 52 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, ALL IN IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES DESCRIBED AS FOLLOWS: Ordinance No. 18-4740 Page 2 BEGINNING AT THE NORTHEAST CORNER OF SAID AUDITOR'S PARCEL "A"; THENCE S21043'39"E ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 183.97 FEET; THENCE S89041'35"W ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 79.99 FEET; THENCE S01°16'03"E ALONG THE WESTERLY LINE OF THE PARCEL DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 439, PAGE 231 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 118.69 FEET TO A POINT ALONG THE NORTHERLY LINE OF PARCEL 6A OF THE ACQUISITION PLAT RECORDED WITH THE WARRANTY DEED IN BOOK 3058, PAGE 1 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S88°47'17"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 15.52 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 431.45 FEET AND A CHORD BEARING OF S77°10'48"W, AN ARC DISTANCE OF 175.47 FEET; THENCE N24°28'16"W, A DISTANCE OF 59.44 FEET; THENCE N90000'00"W, A DISTANCE OF 252.00 TO A POINT ALONG THE EASTERLY LINE OF AUDITOR'S PARCEL "B" AS RECORDED IN BOOK 32, PAGE 53 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE NO2°30'21"W ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL "B", A DISTANCE OF 101.16 FEET; THENCE N89041'34"E ALONG SAID EASTERLY LINE, A DISTANCE OF 14.73 FEET; THENCE N00030'10"W ALONG SAID EASTERLY LINE OF AUDITOR'S PARCEL "B", A DISTANCE OF 173.83 FEET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL "A" ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 80; THENCE S89059'20"E ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 462.55 FEET TO THE POINT OF BEGINNING. Section II. Approval. The property described below is hereby classified Commercial Office (CO -1): A RE -SUBDIVISION OF AUDITOR'S PARCEL "A" AS RECORDED IN BOOK 32, PAGE 52 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, ALL IN IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID AUDITOR'S PARCEL W'; THENCE S21043'39"E ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 183.97 FEET; THENCE S89041'35"W ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 79.99 FEET; THENCE S01°16'03"E ALONG THE WESTERLY LINE OF THE PARCEL DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 439, PAGE 231 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 118.69 FEET TO A POINT ALONG THE NORTHERLY LINE OF PARCEL 6A OF THE ACQUISITION PLAT RECORDED WITH THE WARRANTY DEED IN BOOK 3058, PAGE 1 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S88047'17"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 15.52 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 431.45 FEET AND A CHORD BEARING OF S77°10'48"W, AN ARC DISTANCE OF 175.47 FEET; THENCE N24°28'16"W, A DISTANCE OF 59.44 FEET; THENCE N90000'00"W, A DISTANCE OF 252.00 TO A POINT ALONG THE EASTERLY LINE OF AUDITOR'S PARCEL "B" AS RECORDED IN BOOK 32, PAGE 53 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE NO2030'21"W ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL "B", A DISTANCE OF 101.16 FEET; THENCE N89041'34"E ALONG SAID EASTERLY LINE, A DISTANCE OF 14.73 FEET; THENCE N00030'10"W ALONG SAID EASTERLY LINE OF AUDITOR'S PARCEL "B", A DISTANCE OF 173.83 FEET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL "A" ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 80; THENCE S89°59'20"E ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 462.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.18 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Section III. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and Ordinance No. 18-4740 Page 3 publication of this ordinance by law. 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 Planned Development Sensitive Areas Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section V. Repealer. All ordinances and 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 6th day of March , 20 18 Ma r Approved by: Attes • 9 tt1 cam, �wtDU>�fd�(T�, City Clerk City Attorneys Office a IB Ordinance No. 18-4740 Page 4 It was moved by Mims and seconded by _ Thomas that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: x First Consideration 02/20/2018 Vote for passage: AYES: Throgmorton, Botchway Second Consideration _ Vote for passage: Botchway Cole Mims Salih Taylor Thomas Throgmorton Cole, Mims, Salih, '%iylor, Thomas, NAYS: None. ABSENT: None. Date published 03/15/2018 Moved by Mims, seconded by Taylor, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Taylor, Thomas, Throgmorton, Cole, Mims, Salih. NAYS: None. ABSENT: Botchway. APPLICATION FOR REZONING FOSTER ROAD PLANNED DEVELOPMENT SENSITIVE AREAS DEVELOPMENT PLAN (REVISED 02.13.18) IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA IhAA-INGTON PARK PARTNERS ED BOX= IOM COV, W 522LL�9 SI.I. .NE EW STRKE PAR1NEi13 O. 11L TRIMELEEN i.A lNO.I.IEST LRIEA]Y.IA 5D1] ]10.UTAP8 SITE INFORMATION ERLrnW RMATIorz. PROPEWARU D.ALRES CVRZOMNG RSI, PRmREOGEPZOHW CVUasL61 REOYECTEOVA 1. NORMNI MONT 3ETBACR REONREOALONGANY LOT LIKE ABVRING AN ARRA4L STREET PROECT PROPOSES NARNNS FRONT SETP .DEPETDFNT ON ussaxo WmowcxRorR z UNIFNLETED DOW 13 RSI2; PROTECT PROPOSES NULTlFPl0.Y USE AR. IO SEPaPATOx DENhENSI11tOWGS PHO PARNG, PROJECT P NO POSES 9 SEPARATION ATA LOCATIONS ON LOT A FEW SULLOWO TO BASK OF 66EYN1% SUR WNO SETBACKINFORWl10N. FRONT If fEEi PER YARD IO FEET PER '4F OP PARCELSDT343000D1 10.T9ACRES LEGAL DESCRIPTION SUW.TTEO SEPARATELY EXISTING LOT LINES SHOWN HERE PROPOSED LOT LINES SHOWN ON PUNS ARE CONCEPTUAL ONLY AND SUWECT TO CHANCE FINaLLOTUNES WSLBEPROUmED WITNPUT SUBMITTAL PROJECT VICINITY MAP IOWALRY, AHNSON COUNTY, IOWA PARCELC0734454001 1.95ACRES PARCELR44 01354002 5.14ACRES T.9IACRES vARc¢naaTl2eam PARCEL{1003126003 21.65ACRES INIIFY 11F CHCFTC -SREET � •TITLE._ .._ GO.W GOVER SIEET CML Glm E% I.T. rOPOCMNIC PLN m.al DENsm EYnISR ..El EN 3Exv1NE PRUs Sl.m PNUPPSEOLO.10OPIUT OIDI SEHCIxVE PREPC OEVFIOPMEM%PN C]al SITE PLAN - LOTS I Cl L]E PLAN. 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AM oa.Mnc Las rp ♦.eMw1FA FOSTER ROAD DEVELOPMENT PLAT P"T FOR CONCEPTUAL USE ONLY tib TPROPoaEn mNma co -1 X17-0540 FOSTER ROM LOTT DEVELOPMENT }BR DNELLMG UNRS. -B50 BF fOOIPRMEACH TOTAL PARKING REOUIRED: t STALLSrM; 14 STALLS TOTAL PARKING MOV , IA STALLS Il STALL GARAGE, I STALL miwNAY EAGIB hbk LOT 1 t- -- - - e /� GORSTRUO 3� e e 1 S00' RE510ENML SOIND IEafw �ueamnvla mwm UNIT EBID md1EC ew �Ksm� I (BN DING E )6,M F vsx maemie / srF<F uoeeream �/-� / � 1 —_ — lT rn�I -_____ Lti ��• 1 G — L mNrt£R V2RAIN AAmmeCYal �� VW'0.A16 !11£RMI-LOT81f3 to A(KW[OYLMIe2 l PRRYMR mxamucmxulms ' CONST UCTION LIMITS cbNsrRLIMITS --------------- -------1 / 'Lme 17-0540 ELOEfl GPNRTMENT6'. YB.90b SF TOTAL FOSTER OEWLO MEN UNIT BREAKDOMM'. I KWOOM J ��• �" 3WDROOM 24 �l / S EEdi00M Te - y / TOTAL PARKING REQUIRED. M STALLS ' ,I ■ j / TOTAL PARKMO FRONDED', 97 STALLS > ONCLUDING67INTERIOM MRDROUND) hbk 1� �-_- � ' T dN071PdddINO PLEASE REFER TO SEPARATE -� SITE PLAN SUBMrTTAL FOR PROPOSED GRADING AND / DIMENSIONAL INFORMATION `� � �. V q 9 ♦ ��� M.wmnw.nnrm ' nnortcrtbunre uwan7ura / I rnmrcrtouurc / wnnv �r ..+ �' ertePsloren�+l ��� adamn co LIMITS Fpy,�AK b1tE RNi-LOT] GRFLn InV1Yx conenu Uv — - Q •\\r� 00 /�°♦ �— �, (4) �TOWNH�SDSREACK (1) �UNITTO�HONES(30REACH) TOTAL PARKING REQUIRED: 2(33) $TAUS �S"ACE MR MM all° LL IF o -, a®� .. UNIT A- FRONT PERSPECTIVE - NTS UNIT S7- FRONT PERSPECTIVE - NTS FINISHES VARY FROM UNIT TO UNIT UNIT C1 - FRONT PERSPECTIVE - NTS 17-0540 UNIT A- REAR PERSPECTIVE - NTS hbk xNonrxaxm �� iw F»mxu uc fiW 6.YllPi T. IOM GIIY,NOQi Nme mnp.�r UNIT R - REAR PERSPECTIVE - NTS UNIT C -REAR PERSPECTIVE - NTS r � FINISHES: � MASONRY FACADE plod FIBERBOARD HOW. SIDING FIBERBOARD VERT. SIDING ASPHALT SHINGLES T7-0540 . ■ ■ ■ ■ Fp ST HILL EBTATEB hbk UNIT A - FROM ELEVATION - NTS WOIIII�lAO a s.aueBr Br. ITM 4IV.NlIIe RIOli.lrl%A678I rosvreNNm UNIT A - REAR ELEVATION 'v iu auwWxo Loo ■ ■ ■ ti R 1, or F ■ UNIT A - LEFT ELEVATION - NTS UNIT A - RIGHT ELEVATION- NTS A1.00 _ 1 1 1 � G 71n Im LM UNIT Cl -REAR PERSPECTIVE - NTS UNIT Cl - FRONT ELEVATION - NTS W g ELEVATIONUNIT Cl - LEFT FIBERBOARD HORIZ. SIDING C FINISHES MASONRYFACADE Y� Iri�M FgiEBT MLLE9TFTE8 hbk - MREINiFf11W 1�L UNIT C2 - REAR PERSPECTIVE - NTS wvwcrrv.w�o � mn m+sr UNIT C2 - FRONT ELEVATION - NTS A1C � - AtRTY® auwxo�oa n n ,o eo UNIT C2 - LEFT ELEVATION - NTS UNIT C2 - RIGHT ELEVATION - NTS FINISHES: MASONRY FACADE FIBERBOARD HORIZ. SIDING FIBERBOARD VERT. SIDING ASPHALT SHINGLES uMIT B] UNIT C3 -FRONT ELEVATION -NTS UNIT C3 - LEFT ELEVATION - NTS FINISHES: MASONRY FACADE FIBERBOARD MORD:. SIDING FIBERBOARD VERT. SIDING ASPHALT SHINGLES II 17-0540 II MLL hbk II� UNIT C3 -REAR PERSPECTNE - NT$ VII.tlM1.N6IIi IIIEII MONxrwr UNIT C3 -RIGHT ELEVATION -NTS rowwmr® mmm UNIT C/ - FRONT ELEVATION - NTS UNIT CI - LEFT ELEVATION - NTS FINISHES: MASONRY FACADE FIBERBOARD HORIZ. SIDING FIBERBOARD VERT. SIDING ASPHALT SHINGLES II 17-0540 II hbk manamim UNIT Cd - REAR PERSPECTNE - NTS oatm.K . I0W1tlrv.N@O Nc�l: pfRfis� UNIT C4 - RIGHT ELEVATION - NTS roeea�v+.m MIT W V m n X11 t�.. l..i.- � 4-11 �� ■ ■ ■ Nag ■ • 17-0540 _. ___ ■ ■ --_-_. ■ .-_-_.--._--_ FOREST HILL ESTATES I - i z hbk MR 8SASSO. LLC WYB.LlERi 6, UNIT B2 - FRONT ELEVATION - NTSarc mq v.m UNR B2 -REAR ELEVATION - NTS ' msonw�w OPAWAIOY FINISHES: UNIT B2 -LEFT ELEVATION - NTS UNIT B2 -RIGHT ELEVATION - NTS MASONRY FACADE FIBERBOARD HORIZ. SIDING FIBERBOARD VERT. SIDING uxR c: ASPHALT SHINGLES A3.01 ' n-0seo _.. _. ...._._. ■ ` ■ ■ FO TRILL ESTAT $ hbk �eFexaxeeew uc _. wsaxertt. UNIT 83 -FRONT ELEVATION - NTSme mNam UNIT B3 -REAR ELEVATION -NTS msonew�m E2 m4M6[Id pp � 11 11 FINISHES: UNIT 83 - LEFT ELEVATION - NTS UNIT B3 - RIGHT ELEVATION - NTS MASONRY FACADE wo ars FIBERBOARD HORIZ. SIDING FIBERBOARD VERT. SIDING um ca ASPHALT SHINGLES A3.02 N 24 'Imp �/f pw1j .4-.. !!lI+JJYRll4MR ii ! pWAC11YCODf Of ORgNANQS SwF 0,- SCREENING PLANTINGS 1""- SCREENING STANDARDS OR /��I219AL SO o•e..• —-�+ MGN SCREEN. S3: 1. INTENT, ME 53 STANDARD N A RAMMING TREATMENTMAT USES d.. DENSE LANOSCAPE SCREENING TO PROVIDE A VISUAL AHD PHYSICAL SEPARATION BETWEEN USES AND ZONES. R ISCOMMOHLY APPUFD IMUM RESIDENTIALUSES AMD COMMERCYI AMD INDUSTRIAL USES XIS ROID AND TO SCREEN OUTDOOR WORK OR STORAGE AREAS, DEVELOPMENT Z, REQUIRED MATERIALS: ENDWH SHRUBS AMD SFMLL EVERGREENS TO FORM A CONTNWU5 SCREEN OR HEDGE AT LEAST FIVE FEET ISI TO SIR FEET I61 IN HEIGHT AND MORE THAN FIFTY PERCENT (SMI SOLID YEAR ROUND. SCREENING MATERIALS MUST BI AT LEAST THREE FEET IVI HIGH WHEN PLANTED. AT LEAST ONE HALF I112I ME SHRUBS MUST M EVERGREEN VARIETIES, A. ALTERNATNT MATEMALS (OPTM)N A): A BERM MAY BE USED HE COMUHC DN WITH A HEDGE TO ACXIFVE AN OMALL HEIGHT OF SM FEET ALTERNATIVE MATFRIALSIOPTION 11: A CONTINUOUSORYMNOMIHWUS SHMICO. Fl ISI TO SIX FOOT I6'I MASONRY WAIL ORSOLID I FfHCE. BRFAk51H MF WALL OR RNCF ARF PFRMTRE0 i0R E AR ACCESS ASCD TO ACCOMMODATEET REQUIRED STRETRFFS.OHF SHRUB PER TEN II01 LREM FEET OF WALL, ON AARAGE. M REQUIRED. SMRUBS My BE GNOME, BUT LONG STRETCHES WfMKHJT ANY SHRUBS SHOULD BE AVOMM AT LEAST ONE -MMD QJU OF ME SHRUBS MUST GROW TO Lh�bkN. AND LESS MAH FNE FEET IS-) IN HEIGHT. PIAN SHOWS VEGETATED 53 SCREENING. • FINAL SCREENING DESIGN TO BE DETERMINED AT TIME OF SRT MELOPEMFM. • FINAL DESIGN TO BE IN ACCORDANCE WIM ME ARRIVE SCREENING REQUIREMENTS IN ME KYWA CITY COTE OF ORDINANCES. SCREENING PLANTINGS LL OR /��I219AL SO o•e..• —-�+ YSLd d.. ® .•.�M.......-•.... � p To: Planning and Zoning Commission Item: REZ17-00017 Foster Road GENERAL INFORMATION: STAFF REPORT Prepared by: Bob Miklo and Sylvia Bochner, Planning Intern Date: December 21, 2017 Applicant: University Lake Partners II, LLC 340 Herky Street North Liberty, IA 52317 319-351-6788 jimglasgow@q.com Contact: Rob Decker 509 S. Gilbert St. Iowa City, IA 52245 319-338-7557 Property Owner: 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: rdecker@hbkengineedng.com Washington Park Partners PO Box 2208 Iowa City, IA 52244-2208 319-351-6788 jimglasgow@q.com Rezone 53.29 acres from RS -12 to OPD/RS-12 (50.11 acres) and CO -1 (3.18 acres) To allow for multifamily residential and office development South of 1-80 west of Prairie Du Chien Road 53.29 acres Undeveloped, RS -12 North: Interstate 80 South: Undeveloped, RS -12 East: Residential, OPD -12, RS -5, and RR -1 West: Undeveloped and residential, RS -12 North District Plan - Conservation Design Foster Road December 7, 2017 January 21, 2018 BACKGROUND INFORMATION The applicant, University Lake Partners II, LLC, has requested a rezoning of 53.29 acres from High Density Single Family Residential (RS -12) to Planned Development Overlay — High Density Single Family Residential (OPD/RS-12) for 50.11acres and Commercial Office (CO -1) for 3.18 acres located south of 1-80 between Dubuque Street and Prairie Du Chien Road. The applicant is applying for a Planned Development Overlay to allow clustering of dwellings into multifamily buildings and to preserve sensitive areas. In order to develop this area, Foster Road would be extended, connecting Dubuque Street and Prairie Du Chien Road. The applicant has submitted a Planned Development— Sensitive Areas Development Plan showing a 53 -unit senior housing cooperative and 61 townhouse style multifamily units. Outiot A, containing 23.87 acres, would be set aside as private open space to preserve sensitive areas and to provide a buffer between residential development and Interstate 80 as required by the Subdivision Code. This area has been zoned RS -12 since 1983 when the City adopted a zoning code with the High Density Single Family Residential zone. If the requested rezoning is approved a subdivision plat will be necessary to create proposed lots shown on the plan. The applicant has indicated that they have used the "Good Neighbor Policy" and conducted a neighborhood meeting on November 6, 2017. ANALYSIS: Current zoning: The High Density Single -Family Residential Zone (RS -12) is intended to provide for development of single-family dwellings, duplexes and attached housing units at a higher density than in other single family zones. Because this district represents a relatively high density for single-family development, dwellings should be in close proximity to all City services and facilities, especially parks, schools and recreational facilities. Special attention should be given to site design to ensure the development of quality neighborhoods. Nonresidential uses and structures permitted in this zone should be planned and designed to be compatible with the character, scale, and pattern of the residential development. The zone allows single family lots with a minimum of 5,000 square feet of lot area and 45 feet of lot width. Duplexes and townhouse are allowed with a lot area of 3,000 square feet of lot area and a lot width of 55 feet. Attached townhouses are allowed with a minimum of 3,000 square feet of lot area and a lot width of 20 feet (28 feet for end units). The front set back is 15 feet for all single family dwellings. Proposed zoning: The purpose of the Planned Development Overlay (OPD) zone is to allow flexibility in the use and design of structures in situations where conventional development may not be appropriate. The OPD zone is intended to provide flexibility in the design, placement, and clustering of buildings while encouraging the preservation and best use of existing landscape features through sensitive areas development. In this case, the subject area contains many sensitive areas, including critical and protected slopes, woodlands, and wetlands. OPD zoning would allow for development of the subject area by clustering density away from sensitive features into buildings containing multiple units rather than requiring each unit to be located on a separate lot. The purpose of the Commercial Office Zone (CO -1) is to provide specific areas where office functions, compatible businesses, apartments and certain public and semipublic uses may be developed in accordance with the Comprehensive Plan. The CO -1 Zone can serve as a buffer between residential and more intensive commercial or industrial areas. In this case the CO -1 zone will provide a buffer between Interstate 80 and residential development. Comprehensive Plan: The North District Plan includes the follow discussion of the Foster Road area: The plan map shows the proposed extension of Foster Road between Dubuque Street east to Prairie du Chien Road. The extension of Foster Road would provide an alternative east - west street route across the northern part of the district, which may relieve some of the traffic that currently flows along Kimball Road. It would also create new opportunities to connect existing neighborhoods. For example, Oaklawn Avenue and St. Anne's Drive could be extended to connect with Foster Road. If Foster Road is extended, it will open up the possibility of new development in this part of the district. The traffic capacity of an extended Foster Road could accommodate the development of small apartments, townhouses, and single family homes in this area. However, development will continue to be constrained by the rugged, wooded terrain and the 100 -foot wide gas pipeline easement that cuts across this neighborhood. Future development, therefore, should be designed to conserve and protect open space by clustering development away from steep slopes and environmentally sensitive areas. In light of the environmental constraints, the existing High Density Single Family (RS -12) zoning in this area may encourage development that is too intense. Consideration should be given to rezoning this area to a lower density. If Foster Road is extended, the plan also calls for the development of a pedestrian trail between Foster Road and Shimek School. As new development occurs in this area, there may be sufficient demand to support office development or an institutional use at the intersection of Foster Road and Prairie du Chien Road. The plan map indicates appropriate locations for these types of land uses. A mobile home park currently exists just south of the location where Foster Road would connect with Prairie du Chien Road. If this property were ever to be redeveloped it should be reserved for small apartment buildings or similar multi- family housing to maintain a mix of housing in the area. It is generally the policy of the City that if development proposals are submitted that require new street connections that it is the responsibility of the developer to build the streets necessary to serve the property. In this case, it may be unlikely that a private developer would be willing to bear the cost of building Foster Road given the limited amount of developable land in the area. If the City determines that Foster Road should be extended for traffic circulation and access purposes, it may have to contribute to the construction of this connection. In such a case the benefits of extending Foster Road will have to be balanced against the potential impacts on the environmentally sensitive features of this area. The proposed development appears to generally comply with the Comprehensive Plan policies. If the OPD zoning is approved the applicant will build Foster Road, which will improve traffic circulation in the northern part of the city. As forecasted in the North District Plan, the applicant is seeking City assistance through Tax Increment Financing to assist in construction of Foster Road, including a complete connection from Prairie Du Chien Road to Dubuque Street. The City Council Economic Development Committee recently unanimously voted to forward a recommendation to create an Urban Renewal Area for this purpose to the full City Council. The City is working with the applicant to design the road in manner with a particular emphasis on bicycle on pedestrian connections. 0 The proposed development clusters development and preserves open space and sensitive areas as envisioned in the North District Plan. The proposed density is relatively low and therefore addresses the Comprehensive Plan concern that existing High Density Single RS -12 zoning in this area may encourage development that is too intense. General Planned Development Criteria: Applications for Planned Development rezonings are reviewed for compliance with the following standards according to Article 14-3A of the Iowa City Zoning Ordinance. 1.The density and design of the Planned Development will be compatible with and / or complimentary to adjacent development in terms of land use, building mass and scale, open space and traffic circulation and general layout. Density: The overall proposed density including Outlot A is 2.44 units per acre. The density per lot would be 8.9 per acre on Lot 2, 8.8 units per acre on Lot 3, 3.78 units per acre on Lot 4, and 2.8 units per acre on Lot 5. This is well within the maximum density allowed in the RS -12 zone. Given the amount of environmentally sensitive features on the property this appears to be a realistic density. Land use and layout: The site plan divides the subject area into 5 lots and one outlot. Lot 1 is proposed to be zoned CO -1 and would contain 3.19 acres. Lot 1 currently is completed covered by woodlands and contains a critical slope in the southwest corner. Prior to any development of Lot 1 the applicant will need to demonstrate compliance with the sensitive areas provisions of the Zoning Code. The proposed CO -1 is compliant with the Comprehensive Plan which shows this area as appropriate for an office or institutional use to avoid placing residential adjacent to Interstate 80. Lot 2 would contain a 7 -unit townhouse style residential building. Lot 3 would contain a 53 -unit senior housing facility, with parking located in the lower level and in the rear of the building. Lot 4 would contain 36 townhouse style multifamily dwellings in 9 buildings. Three of the buildings are proposed to front onto Foster Road. Six of the buildings are proposed on a private street with alleys to provide rear access to garages. Lot 5 would contain 4 4-plex townhouse style building and 1 duplex building. The buildings face Foster Road and have vehicular access through a rear lane, which leads to driveways and garages for each unit. The surrounding area is largely undeveloped. However, there is some single family and small multi -family residential development on Bjaysville Lane, a private road which will be extended and converted into Foster Road. There is also single family and manufactured housing along Prairie Du Chien Road and St. Anne's Drive. The proposed layout clusters the majority of the residential units on three parcels near the middle of the Foster Road extension. This area abuts only undeveloped land. The office zoning and 7 multi -family units, are located near the intersection of Foster Road and Prairie Du Chien Road. These uses would be adjacent to single family and manufactured housing units. As noted below staff recommends that a landscape buffer be established between the future office development and the existing single family dwellings located on Prairie Du Chien Road. Mass and scale: The largest proposed building is the 53 -unit senior housing on Lot 3. It is proposed to be 3 stories with below grade parking. Although the proposed building is long (greater than 400 feet), it would be articulated into three wings with bays and balconies which help give definition to separate units in the building. In staffs view, the amount of open space and separation from the nearest single family structure help mitigate the size of the structure. The townhouse style apartment buildings would be two -stories, a scale appropriate for a residential neighborhood. Traffic circulation: The applicant plans to build Foster Road from Prairie Du Chien Road to Dubuque Street. The Foster Road extension will provide an alternative east -west street route through the area and provide for better multi -modal connectivity in the northern part of the city. 2. The development will not overburden existing streets and utilities Access to the development will be through the extension of Foster Road. All the development will have access to Foster Road. A private street with alleys is proposed to provide access to dwelling units on Lot 4. These streets will be sufficient to serve the proposed development and utilities will be installed during the road construction phase. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development Because of the clustering of density, there would be a significant amount of open space between the proposed development and its neighbors. Therefore views, light and air, property values, and privacy of neighboring properties, with the exception of the commercial office lot, which is adjacent to an existing house on Prairie Du Chien Road, will be preserved. Staff recommend that the site plan for the proposed CO -1 property contain a landscape buffer between future development and the existing house at 1823 Prairie Du Chien Road. 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City standards will be in the public interest, in harmony with the purpose of the zoning code and with other building regulations of the City. The applicant is seeking variations in the RS -12 standards to allow multifamily buildings rather than single family dwellings on individual lots. Given the amount of open space and sensitive areas that would be preserved and the minimization of paving, this proposal appears to be in the public interest and compliance with the land use and environmental goals of the Comprehensive Plan. Pedestrian facilities: Planned developments must include pedestrian facilities to ensure that residents and visitors have access to public streets and sidewalks, building entrances, parking areas, shared open spaces, natural areas, and other amenities. The plan currently does not show a complete sidewalk network. This will need to be resolved prior to plan approval. Public Open Space Requirement: Based on the City's neighborhood open space formula, 1.39 acres of public open space will be required or a fee paid in lieu. The Parks and Recreation Commission will review this application and make a recommendation regarding the dedication of open space or fees in lieu of. If the Commission chooses not to accept open space, the fee will be equal to the fair market value of the land that otherwise would have been required for dedication. The fee must be paid in full by the developer prior to the issuance of the first building permit for any lot within the development. Private Shared Open Space: At the time of final approval the applicant must submit a legally binding instrument setting forth the procedures and financing structure to be followed for maintaining the common areas. The details of this arrangement will need to be addressed in the legal papers submitted when the final planned development plan is submitted. Sensitive Areas: This property contains regulated slopes, wetlands, woodlands and a stream corridor. Wetlands: A 100 -foot buffer is generally required between wetlands and development activity unless a wetland buffer reduction is granted or wetland buffer averaging is approved through the OPD rezoning. The wetlands on this property are not eligible for a buffer reduction due to the presence of habit for an endangered species, the Indian bat, and a stream corridor located on Lot 5. The applicant is proposing to use buffer averaging to increase the buffer in areas generally up stream of the wetlands and to reduce the buffer for wetlands on lots 3, 4 and 5 to allow installation of driveways, retaining walls on these three lots, and a portion of a residential building on lot 4 near Foster Road. Regulated Slopes: The plan generally avoids disturbance of critical slopes, disturbing approximately 3%. Protected slopes and required buffers would not be disturbed. The plan does not illustrate steep slopes (18 — 25%). These should be shown on the plan and percent proposed to be disturbed should be reported. Because no protected slopes or required slope buffers are proposed to be disturbed, and critical slope disturbance is minimal, the plan complies with the guidelines for regulated slopes. Stream Corridor: A stream crosses the southeast corner of Lot 5. The plan illustrates the required buffer. Woodlands: The overall property contains approximately 45.5 acres of woodlands. The applicant is proposing to disturb approximately 11 acres or 25% of the woodlands. This would result in above the 50% woodland preservation requirement for residential developments. At the time the proposed CO -1 lot is developed the applicant will need to preserve 10% of the woodlands on Lot 1. STAFF RECOMMENDATION: Staff recommends deferral of this application pending resolution of deficiencies noted below. Upon resolution of these items staff would recommend approval of rezoning of approximately 53.29 acres from High Density Single Family Residential (RS -12) zone to Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) for approximately 50.11 acres and Commercial Office (CO -1) zone for approximately 3.18 acres, located south of 1-80 west of Prairie Du Chien Road. DEFICIENCIES AND DISCREPANCIES: 1. Plan should be labeled Planned Development — Sensitive Areas Development Plan 2. Construction limit lines should be illustrated on the plan 3. Sidewalk access to all buildings should be illustrated on the plan 4. The wetland delineation must be reviewed and accepted by the Army Corp of Engineers 5. Sensitive slopes should be labeled as "Protected Slopes" if they are 40% or greater 6. Sensitive areas plan should illustrate steep slopes (slopes between 18 and 25%) and report the percentage being disturbed 7. An emergency vehicle turnaround is required at the north end of the private street 8. Elevations drawings needed for all townhouse models (they should illustrate how access to parking will be provided given the change in grade) ATTACHMENTS: 1. Location Map 2. Planned Development Overlay Plan 3. Elevation Drawings 4. Applicant's Statement 5. 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Ij Cai ala.;p ON ■algyp; all :,r;, on an on ■■ �: ala :.����so ■■ =; its ala :_ ■� ���=;:aaa ■■ ��=_.0 t■ alar=—u so —=: na mai as=� 7I I ►irZvi l � I I _ 17A MA ►VA ►moi = ►'Ii �v/i ►moi IW 51,41 DA �x!I =� I��� ��,! IA %�! ►I Al rte? _ _ ��� :�� ��� Foster Road Development A17-0540 11.30.17 Applicant's Statement for Rezoning UTILITY Jhbk INFRASTRUCTURE SOLUTIONS ENGINEERING The proposed development area ("project") consists of 7 existing parcels, 4 of which are adjacent to the southerly 1-80 right-of-way between Dubuque Street and Prairie Du Chien Road. The project proposes to combine 3 of the 4 parcels adjacent to 1-80 into one Outlot, which will remain undeveloped. Additionally, one of the existing parcels is currently bisected by the proposed Foster Road Extension Right -of -Way and will be re -platted as separate parcels accordingly. The current zoning classification is RS -12 for all parcels. In an effort to preserve the numerous existing sensitive slopes, woodlands, 'and wetlands present in the project area, a re- classification to Planned Development Overlay (OPD) -12 zoning is being requested for all parcels (with the exception of one), with RS -12 as the base zone. Rezoning would cluster the proposed density and allow for a significant portion of the project area to remain undisturbed. Proposed Lot 1, Parcel 0734484001, is requested for rezoning to CO -1. This rezoning request is also in accordance with the current North District Plan, which maps the anticipated uses for the property as Conservation Design, Multi -Family Residential, and Office Commercial. The project area will incorporate all of these uses. The development plan will focus heavily on land conservation and includes the extension of Foster Road, completing this vital connection between Dubuque Street and Prairie du Chien Road. Extensive natural sensitive features exist within the overall project area. These include wetlands, woodlands, and protected slopes. More information on these Sensitive Areas can be found in the Sensitive Areas Development Plan, included in this application. The anticipated disturbance areas are explained later in this statement. A breakdown of the area to be re -zoned is provided below: Total Project Area: 53.29 acres Foster Road ROW: 3.14 acres Total Remaining Area: 50.15 acres The majority of the project is located to the north and west of proposed Foster Road. A narrow, linear parcel lies south of Foster Road and will be developed with multi -family units. Utilities The existing 24" sanitary sewer line on Foster Road will be extended to Prairie du Chien Road within the Foster Road right-of-way. The proposed sewer will be 24". There is currently a 24" transmission water main along the south side of the Foster Road right- of-way. There is also an existing 12" water main stubbed on both the east and west ends of the Foster Road Development A17-0540 11.30.17 UTILITY hbk INFRASTRUCTURE SOLUTIONS ENGINEERING Foster Road right-of-way. New 12" water main will be constructed within the Foster Road right- of-way to connect to two stubbed mains on the east and west end. Stormwater will be addressed on each individual lot (Lots 1 & 2 will have combined stormwater management). Lot 3 will primarily use underground stormwater treatment chambers for storage, due to limited open space available for detention. Lot 4 will have several detention basins on site, and Lot 5 will also have its own detention basin or may also use stormwater treatment. chambers. Per City Code 16-3G-5, stormwater calculations will be provided immediately upon rezoning approval. Further information pertaining to each individual proposed lot is provided below. Outlot A Outlot A is the combination of Parcels 0734380001, 0734454002, and 0734454001. The ownership and maintenance of Outlot A will be established in conjunction with the development of Lot 4, via a Homeowner's Association. Outlot B Outlot B is currently platted as Parcel 0734484003. This lot will remain under the developer's ownership at this time. Lot 1 Lot 1 is currently platted as Parcel 0734484001 and part of Parcel 1003126003. Lot 1 lies within the 300' residential sound buffer required adjacent to the southerly right-of-way line of Interstate 80, and is therefore proposed to be developed commercially, and re -zoned to CO -1. This coincides with the North District Plan. Lot 2 Lot 2 is currently part of Parcel 1003126003. Lot 2 is proposed to have a single 7 -unit townhome, with a building configuration that is situated between the gas line easement and the residential sound buffer. Lot 3 Lot 3 will be developed as elderly housing, with 53 total units. A separate site plan application for this development has previously been submitted to the City, and is currently in the review process. Lot 4 Foster Road Development A17-0540 11.30.17 UTILITY I hbk INFRASTRUCTURE SOLUTIONS ENGINEERING Also north of Foster Road, Lot 4 is proposed to be developed as multi -family housing, with (9) buildings of 4 units each (ail 2 -Bedroom). Various retaining walls will be constructed as required around the perimeter of the development to minimize grading impacts to the surrounding ground and to avoid the nearby sensitive areas. Total proposed units for Lot 4 is 36. Lot 5 Lot 5 is a narrow lot running south and east of Foster Road. Due to the proximity of wetlands to the road right-of-way, at this time 4-plex development is only proposed within the more southerly portion of the lot. Should access to the northeastern area of this proposed lot (currently Parcel 1003102006) be obtained in the future via Prairie du Chien Road, additional development and potential replatting may take place at that time. Total proposed units for Lot 4 is 18. Density Per City Code, the allowable density for an RS -12 zoning designation is 13 dwelling units/acre A density schematic (Plan Sheet C1.01) is provided as part of this application demonstrating a full build -out scenario assuming no topographic or sensitive area limitations. Subtracting out right-of-way and open space requirements, a conceptual built density is 402 dwelling units. By Code, the allowable density, when right-of-way and open space requirements are considered, is 289 dwelling units. The proposed density of this development is 114 dwelling units. Sensitive Areas Disturbance The table below identifies the sensitive areas located in each proposed lot, and the anticipated disturbance areas/percentages, based on the development proposed in this application. All areas provided are in acres. MG d WedanGB M.P.. WatleMs Total BeMtive Thal Seruldve Mm SemMm Mm sendtln •sem opea¢ W Woodlands Wt5¢e msm . )pp BBHer Wopolmds WS . Mn OlmmbanM 5ismrbanMm WaMhanMn ZMM esWtlwam nm zse 310 am am zees%4m 4W am M 0.m 0.m 0.90 am Q90Lm 131 AD am 400 4]6 zm A]5 z2e e9% 3iS tore z3s an Lmaes an as as 33z am, 10 9e% 99)6 Lets Lm 472 161 5.70 am a05 a16 1.26 Sze 226 39% 35% OWatA L% 17.55 110 am D.87 aW 4m am A63 0.m aWetO ¢,m ¢m 0.m' 0.m 410 am 0.m Qm am am W{ py} t¢)AL 6.® 1250 5.11 e2sz 5410 p.A 1G5 1101 ec3s 1111 2e% 7D1 UTILITY lhbk INFRASTRUMIZE Foster Road Development SOLUTIONS ENGINEERING A17-0540 11.30.17 Requested Variances Requested Variances are as follows: 1. With RS -12 as the underlying base zone for this development, a variance is requested to allow multi -family housing, which is not currently permitted in the RS -12 zone. 2. The code requires a 40 -foot front setback along arterial streets. Lot 3 and Lot 5 are designed with a 20' setback, due to sensitive areas on the site. UTILITY Jhbk INFRASTRUCTUREFoster Road Development SOLUTIONS A17-0540 11.30.17 ENGINEERING SENSITIVE AREAS DEVELOPMENT PLAN Introduction HBK Engineering prepared this report to evaluate the development in conjunction with the requirements of City of Iowa City Code of Ordinances Article 14-51. The purpose of the Article is as follows: 1. Implement the environmental policies of the comprehensive plan, as amended. 2. Permit and define the reasonable use of properties that contain environmentally sensitive features and natural resources while recognizing the importance of environmental resources and protecting such resources from destruction. 3. Provide for the ecologically sound transitions between protected environmentally sensitive areas and urban development. 4. Protect the public from injury and property damage due to flooding, erosion, and other natural hazards, which can be exacerbated by development of environmentally sensitive land. 5. Foster urban design that preserves open space and minimizes disturbance of environmentally sensitive features and natural resources. 6. Provide for the mitigation of disturbances of environmentally sensitive features and natural resources by requiring and implementing mitigation plans, as needed. The Sensitive Areas Ordinance addresses Wetlands, Stream Corridors, Regulated Slopes, Wooded Areas, Fully Hydric Soils, Prairie Remnants, and Archaeological Sites. HBK enlisted the services of Earthview Environmental, Inc, to conduct a field investigation of the proposed development. Findings are as follows: Jurisdictional Wetlands & Wetland Buffers Wetland locations have been determined, and buffer zones provided as shown on the submittal drawings. Per guidance from Earthview Environmental, wetland buffers maybe averaged and are shown accordingly. A minimum of 50' will be maintained around all wetlands. Wetland buffer averaging assists in expanding the wetland buffer to areas where other sensitive areas are present (primarily critical and sensitive slopes) and will allow for further protection of these areas, and therefore the project proposes an overall increase of 20% in wetlands buffer area through wetland buffer averaging. This will also be beneficial in connecting the wetlands on the westerly side of Lot 4 around the stream, where the corridor will be further protected. UTILITY Iftbk INFRASTRUCTURE Foster Road Development sotuilDNs ENGINEERING A17-0540 11.30.17 Quantitative information regarding buffer averaging is as follows: Combined wetlands north of Foster Road lying between Lots 3 & 4 extending through Cutlot A: Existing 100' wetland buffer acreage: 5.86 acres Disturbed wetland buffer between 50' and 100': 0.46 acres Proposed additional.wetland buffer acreage: 0.91 acres Proposed overall wetland buffer acreage: 5.86-0.46+0.91= 6.31 acres Combined wetlands westerly side of Lot 4 development: Existing 100' wetland buffer acreage: 2.19 acres Disturbed wetland buffer between 50' and 100': 0.42 acres Proposed additional wetland buffer acreage: 1.21 acres Proposed overall wetland buffer acreage: 2.19 — 0.42 + 1.21= 2.98 acres Combined wetlands easterly side of Lot 5: Existing 100' wetland buffer acreage: 3.11 acres Disturbed wetland buffer between 50' and 100': 0.16 acres Proposed additional wetland buffer acreage: 1.21 acres Proposed overall wetland buffer acreage: 3.11-0.16+ 1.21= 4.16 acres It is assumed that all delineated wetlands will be considered jurisdictional. Buffer reduction is not available for this project because the wetland includes both bat habitat and stream corridors. If any area within a 50' buffer has the potential of being disturbed, further analysis and permitting will be required, Including the involvement of the US Army Corps of Engineers. uTam lhbk INFRASTRUCTURE Foster Road Development SOLUTIONS A17-0540 1130 17 ENGINEERING Stream Corridors HBK Engineering looked at the FEMA floodplain maps as well as the Johnson County GIS property viewer website and has determined that no portions of the property are within a floodplain or floodway. Regulated tributaries with no mapped floodway are present, however, and require a natural buffer of 15' each side of the stream corridor. A Stream Corridor is defined as "a river, stream or drainageway shown in blue (the blue line) on the most current U.S. Geological Survey Quadrangle Maps, and the area of its delineated floodway. In cases where no floodway Is delineated, the blue line will serve as the centerline of a 30 -foot wide stream corridor". Additionally, there is one stream in the SE corner of proposed Lot 5 that, due to its connection to adjacent wetlands, a 65' buffer is being provided. The project contains many other "non -blue line" stream corridors, many connecting wetlands. For purposes of sensitive areas calculations, these corridors and their respective buffers are included in the "wetlands" acreages. Critical and Protected Slopes HBK has identified critical and protected slopes and buffers. "Critical" Slopes are those that fall between 25%-39%. "Protected" Slopes are those 40% and above, and we have included a buffer in our sensitive areas analysis. Only 3% of the approximately 29 acres of critical and protected slopes are anticipated to be disturbed in conjunction with the project. Wooded Areas A woodland is defined as having a minimum of 2 acres of contiguous wooded area containing at least 200 trees per acre, and a grove of trees is 10 or more individual trees with diameter breast height of at least 12" whose combined canopies cover at least 50% of the area. Buffers for woodlands are 50' from trunks or 5' beyond driplines. RS -12 zoning requires a minimum of 50% preservation. The project anticipates disturbing approximately 25% of the total existing woodlands (refer to calculations in the Application Statement). Fully Hydric Soils No fully hydric soils are present In the project area. Prairies and Prairie Remnants Earthview Environmental did not Identify any prairie remnants during wetland and threatened/endangered species field investigation. UTILITY 110kINFRASTRUCTURE Foster Road Development soLUTIONs ENGINEERING A17-0540 11.30.17 Archaeological Sites An archaeological study is underway and as of the date of this updated report, the field work has been completed. This report will be updated upon receiving results of this field investigation. Preliminary conversations with the archaeological subconsultant suggest that the site areas are eroded, which "limits the sites' information potential and thus their potential significance would be low. The likely recommendation will be for no further investigation." P CITY OF IOWA CITY Z-%= MEMORANDUM Date: December 29, 2017 To: Planning and Zoning Commission From: Bob Miklo, Senior Planner Re: REZ17-00017 Foster Road The Commission requested information regarding traffic on Prairie Du Chien Road. See the attached memo from Kent Ralston, Transportation Planner. The applicant anticipates providing updated plans prior to the January 4 meeting. r �_, CITY OF IOWA CITY . � MEMORANDUM -®��� Date: December 29, 2017 To: Bob Miklo; Senior Planner From: Kent Ralston; Transportation Planner Re: Proposed Foster Road Development Trip Generation At their December 215' meeting, the Planning & Zoning Commission asked for information with respect to the proposed development on Foster Road and its effect on traffic on Prairie Du Chien Road. Based on the Institute of Traffic Engineers Trip Generation Handbook (9'h Edition), the development, as proposed, will generate approximately 1,450 vehicle trips per weekday. In 2014, Prairie Du Chien Road had an average daily traffic count of approximately 2,400 near St. Anne's Drive (Iowa DOT). Given that the capacity of a two-lane minor arterial street is more than 14,000 trips per day, the additional traffic generated by the development alone will not over- burden Prairie Du Chien Road as currently constructed. To estimate the total effect of the development along with other pass-through traffic that will utilize the corridor, staff consulted the Metropolitan Planning Organization's 2045 traffic model. The results of the model (which is the best tool available for forecasting future traffic volumes) indicates that the future Foster Road connection will carry less than 4,000 trips per day in 2045, and indicates that Prairie Du Chien Road will carry similar traffic volumes in 2045 as it does today. As is the case, Prairie Du Chien Road has the capacity to handle the additional traffic generated by the proposed development. r CITY OF IOWA CITY 1 MEMORANDUM Date: January 12, 2018 To: Planning and Zoning Commission From: Bob Miklo, Senior Planner Re: REZ17-00017 Foster Road The applicant has indicated that a revised Sensitive Areas Development Plan will be submitted. Staff will review the revised plan and provide comments at the January 18 Planning and Zoning Commission meeting. Planning and Zoning Commission December 21, 2017 — Formal Meeting Page 5 of 8 Theobald questioned the possibility of rail service in the future and would this development cause an issue. Miklo stated that rail service is not likely in the near future, but there would be 40 feet of right-of-way of green space through the middle of the block. He noted that additional open space and parking to serve any future passenger rail service may be possible on the land owned by the University on the western part of this block. Signs asked if there was any interest among the Commission to defer this item to have the applicant come back with an updated proposal. Overall there was not. A vote was taken on the motion as amended, it passed 5-1 (Signs dissenting). REZONING ITEM (REZ17-00017): Discussion of an application submitted by University Lake Partners II, LLC, for a rezoning of r� approximately 53.29 acres from High Density Single Family Residential (RS -12) zone to Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) for approximately 50.11 acres and Commercial Office (CO -1) zone for approximately 3.18 acres, located south of 1-80 west of Prairie Du Chien Road. Miklo noted this property is located directly south of Interstate 80, west of Prairie Du Chien, and the future extension of Foster Road will go along the southern part of this property. Miklo stated the Comprehensive Plan for this area calls for Foster Road to be constructed to connect Dubuque Street to Prairie Du Chien Road. When the City installed a water main a number of years ago they graded the site for a street and acquired the right-of-way. Miklo noted the Comprehensive Plan acknowledges the rugged topography of this area, it contains woodlands, steep and critical slopes, and some protected slopes and wetlands. Therefore the Plan called for clustering development away from those sensitive areas up towards Foster Road, additionally clustering development would help to maintain a 300 foot buffer from the interstate and residential uses. The Plan also called for the opportunity of development of office or institutional use at Prairie Du Chien, again to not put residential right up against the interstate. Miklo stated the Commission received a packet that showed the sensitive areas, almost all of the property is woodlands with wetlands and steep slopes. The proposal shows a clustering of development away from those areas leaving a large 23 acre portion as an outlot for open space. Iowa City Parks & Recreation Commission will look at the space to see if they want to have any of it dedicated to public open space or if it should be maintained by a homeowners association as private open space. The proposed development has five development lots. Lot 1 would be zoned Commercial Office (roughly 3 acres), Lot 2 would contain seven dwelling units in a townhouse fashion that would have access to Foster Road, Lot 3 would contain a 53 -unit senior housing cooperative, Lot 4 would contain a series of townhouses with thirty some units, and Lot 5 would contain a series of townhouses on the south side of Foster Road. Miklo stated that overall when you look at the entire property it translates to a density of approximately 2.5 units per acre. It is noted in the Comprehensive Plan that the current RS -12 Single Family High Density zoning was perhaps too dense for this rugged area and suggested it be zoned for a lower density. The proposal achieves the lesser density even through it would still be zoned RS - 12 the overall density would be comparable to what is typically seen in a RS -5 zone. Parsons asked why it was zoned RS -12 because it feels odd for developers to want to down - zone an area. Miklo noted it is not a down -zoning, it will retain the RS -12 zoning and where the units are built it will be 8-12 units per acre, which is typical of a RS -12 zone. Miklo stated this area has been zoned RS -12 since 1983. Planning and Zoning Commission December 21, 2017 — Formal Meeting Page 6 of 8 Miklo said that the Comprehensive Plan notes the expense of building Foster Road may be too much for a developer given the limited development potential and indicates some possibility of City financial assistance. Miklo stated the applicant may seek Tax Increment Financing to help construct the road and that would be in compliance with the Comprehensive Plan. There would be some great benefits to the overall public to have Foster Road extended, it would help improve traffic circulation in the northern part of the city and for traffic coming in off Prairie Du Chien it would relieve the traffic on other streets. In terms of the planned development, the idea is to cluster the development that might otherwise occur in the sensitive areas into smaller pockets. There are series of criteria a planned development must meet that are outlined in the staff report, and staff feels those are generally met in this proposal. The proposed plan also respects the sensitive area on the site and adheres to required buffers with the exception of a few locations where they are requesting buffer averaging, which means they would increase the wetland buffer in certain areas where it is more crucial and reduce the buffer area in other areas. In no place would the buffer be less than 50 foot. Additionally the grading of steep slopes is minimal and there is no encroachment into the protected slopes. Miklo stated there is some information Staff has not yet reviewed with the application, the wetland delineation information from the Corp, stormwater management has not been addressed yet, and the necessary plat will also need to be reviewed by the Commission. Staff recommends deferral of this application pending resolution of deficiencies noted in the Staff Report. Parsons asked about the 100 foot gas pipeline that cuts through the property. Miklo showed the easement for the gas pipeline that crosses the property and the development will not encroach into that at all. Hensch asked if the applicant is able to receive Tax Increment Financing for this project if there are affordable housing implications. Hektoen replied that yes, affordable housing would be required. Dyer asked about removal of trees. Miklo stated the applicant is proposing to remove about 25% of the woodlands, they are required to preserve 50% and they are preserving 75%. Freerks opened the public hearing. Sam Ray (HBK Engineering) is representing the applicant and came forward to answer any questions. Hensch asked about the senior housing area. Ray said the intent is for it to be independent living apartments. Dyer asked if the intent is to develop all five lots at once. Ray said that was correct. Freerks asked if there were tenants for lot one, the office area. Ray said currently they have not figured that out. Joe Murphy (Iowa City) questioned the Tanglewood Street/Ventura Avenue area and if there would be street access to that area from this new development. Miklo replied there would not. Murphy said he supported the proposal. Curt Moore (Dubuque Street north) stated he is in favor of this proposal and it should be Planning and Zoning Commission December 21, 2017 — Formal Meeting Page 7 of 8 expedited as it should have been done 20 years ago. Linder Road is a terrible road to handle all the traffic. Paul Ellis (Caroline Avenue) feels overall it is a fantastic plan his concern is lot one being a commercial lot and adding commercial traffic to Prairie Du Chien. As of the last DOT survey, Prairie Du Chien already handles over 2500 cars per day. All the other properties along Prairie Du Chien are residential and it should all remain residential. A Commissioner responded that it the goal was to not put housing adjacent to Interstate 80 because of the health effects of high noise levels and fumes. Mark Nelson noted he has a vested interest in the senior living part of this development and is unsure what the deferral will mean with regards to a time table. Freerks noted that a deferral this evening would not set back the timeline any further because the plat for the area also needs to be approved and the applicant has not yet submitted the plat. Hetkoen noted that giving a definite timeline is difficult because there are quite a few factors including if a Tax Increment Financing situation arises. Freerks closed the public hearing. Hensch moved to defer until January 4, 2018, the request to a rezoning of approximately 53.29 acres from High Density Single Family Residential (RS -12) zone to Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) for approximately 50.11 acres and Commercial Office (CO -1) zone for approximately 3.18 acres, located south of 1-80 west of Prairie Du Chien Road. Parsons seconded the motion. Freerks noted this will be a fabulous addition to the community once all the details are taken care of. It is nice to see how much green space will be retained. Signs asked if Staff could get data on the Prairie Du Chien traffic and how this development may impact it. Parsons asked about the landscaping buffer noted on the plan and asked if they can see specifics on that due to disappointing landscaping results in the past. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: DECEMBER 7. 2017 Hencsh moved to approve the meeting minutes of December 7, 2017 with edits. Parsons seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: None. ADJOURNMENT: Parsons moved to adjourn. Signs seconded. A vote was taken and motion carried 6-0. MINUTES Approved PLANNING AND ZONING COMMISSION JANUARY 4, 2018 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Max Parsons, Mark Signs MEMBERS ABSENT: Phoebe Martin, Jodie Theobald STAFF PRESENT: Sylvia Bochner, Sara Hektoen, Bob Miklo, OTHERS PRESENT: Curt Moore, Mike Welch, Siobhan Harman, Megan Carr RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 the Commission recommends approval of the rezoning of 1010 1st Avenue from Low Density Single Family Residential (RS -5) to Community Commercial (CC -2), and 1022 1st Avenue from (RS -5) to Commercial Office (CO -1) and a portion of 1025 Wade Street from (CO -1) to (CC -2). By a vote of 5-0 the Commission recommends approval of ANN17-00001 and REZ17-00020, annexation of approximately 7.90 acres and a rezoning from County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Multifamily (ID -RM) for approximately 5.27 acres and Interim Development Single Family (ID -RS) for approximately 2.76 acres located at 4643 Herbert Hoover Highway SE. 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 (REZ17-00017): Discussion of an application submitted by University Lake Partners II, LLC, for a rezoning of approximately 53.29 acres from High Density Single Family Residential (RS -12) zone to Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) for approximately 50.11 acres and Commercial Office (CO -1) zone for approximately 3.18 acres, located south of 1-80 west of Prairie Du Chien Road. Miklo noted this item was deferred at the last meeting due to a number of deficiencies in the in application, new material was received today and Miklo shared that with the Commission. One was a revised plan that now shows the townhouse units as three bedrooms rather than one and two bedroom units, there has also been a slight reconfiguration of some of the townhouses. Additionally a new townhouse building design was submitted, but Miklo is unclear if that is an alternative or if it is in addition to the other elevations already submitted. He said that with other Planning and Zoning Commission January 4, 2018 — Formal Meeting Page 2 of 10 recent projects there has been a concern about the same townhouse being repeated on every lot, resulting in a monotonous design. Miklo noted that there are still a few items that have not been clarified completely on the revised plan, the construction limit lines do appear on some of the lots but not all of them and that is necessary to establish where the grading will end to make sure the steep slopes and wetlands are not encroached upon. Miklo stated they did receive a cross-section for the private street but engineering and fire department staff have not had time to review that. He said the City had not yet received acceptance of the wetlands delineation from the Army Corp of Engineers. Therefore if the Commission does decide to recommend this item to Council it could be subject to the Corp signoff before the Council reviews the plan. The issue being if the Corp does not agree with this delineation there may be some changes to the overall plan and it would have to come back to Planning & Zoning. Miklo stated that due to some of these items not being resolved Staff is recommending deferral until the January 18 meeting. Hensch asked if the issue of varying facades on the townhouses could also be an issue asked to be resolved before approval. Freerks agreed that plus many other items need to be resolved and agrees with a deferral. Freerks noted that the original townhouse design was much better than the new proposal and asked that the applicant reconsider that design. Freerks opened the public hearing. Curt Moore (3169 Dubuque Street) asked that the City move forward with this application as fast as possible as the street is needed. Mike Welch (HBK Engineering) spoke on behalf of the applicant. He stated that the wetland delineation was conducted by Earthview Environmental on site and they are waiting on the Corp concurrence. They are confident with the delineation that Earthview did, past experiences show the Corp concurs with Earthview's delineations. With regards to the building elevations and facades it is the applicants intentions to have a varying unit type throughout and not have them all look the same. Welch stated the construction limit lines are on all the drawings, they are just hard to see so their staff is working to update the drawings so that can be seen easier. Hensch asked about the S3 screening notated on Lot 1, but a landscaping plan is not included. Welch stated that if the Commission would like to see a detailed landscaping plan they will provide one. Freerks closed the public hearing. Hensch moved to defer REZ17-00017 until the January 18, 2018 meeting to clarify the issues raised in the staff report as well as a landscaping plan and illustrations of varying facades on the townhomes. Parsons seconded the motion. A vote was taken and the motion carried 5-0. MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION JANUARY 18, 2018 — 7:00 PM — FORMAL MEETING E M MA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Jodie Theobald MEMBERS ABSENT: Ann Freerks STAFF PRESENT: Sara Hektoen, Bob Miklo, OTHERS PRESENT: Mike Welch RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 (Freerks absent) the Commission recommends approval of REZ17-00017 an application submitted by University Lake Partners II, LLC, for a rezoning of approximately 53.29 acres from High Density Single Family Residential (RS -12) zone to Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) for approximately 50.11 acres and Commercial Office (CO -1) zone for approximately 3.18 acres, located south of 1-80 west of Prairie Du Chien Road. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEM (REZ17-00017): Discussion of an application submitted by University Lake Partners II, LLC, for a rezoning of approximately 53.29 acres from High Density Single Family Residential (RS -12) zone to Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) for approximately 50.11 acres and Commercial Office (CO -1) zone for approximately 3.18 acres, located south of I- 80 west of Prairie Du Chien Road. Miklo began with a summary of the staff report from the December 21, 2017 meeting. The property is south of Interstate 80 and west of Prairie Du Chien Road and would include the extension of Foster Road to connect Prairie Du Chien Road and Dubuque Street. The area is currently zoned high-density single-family residential, the proposal is to keep that zoning over most of the property and apply a Planned Development Overlay Zone to allow clustering of development away from the sensitive areas on the property which include wetlands, woodlands, steep slopes and a stream corridor and leaving a large portion of the property open for private open space. The proposal does include the rezoning of the area adjacent to Prairie Du Chien Planning and Zoning Commission January 18, 2018—Formal Meeting Page 2 of 5 Road and Interstate 80 to Commercial Office Zone which is in compliance with the Comprehensive Plan as in this area the Plan discourages residential development and the subdivision regulations prohibit residential building sites immediately adjacent to the interstate due to health concerns related to noise and particulate matter. Miklo stated that the Commercial Office Zone would allow light commercial uses such as office or a religious institution such as a small church in that area. The development would consist of a series of townhouse style units on four lots and then one larger lot for a 53 -unit senior housing development. Miklo noted the sensitive areas are being avoided for the most part, there is one exception being requested in that the applicant is asking that the wetland buffer be decreased in some areas to the 50 feet (rather than the required 100 feet) but in other areas would be increased. This is called wetland buffer averaging. Staff has reviewed that exception and recommends approval of that modification. There would be a large outlot (approximately 23 acres) that would be owned and maintained by a Homeowners Association. The Parks and Recreation Commission looked at this proposal and chose not to accept dedication of land, for a neighborhood park they would rather have something flatter and more accessible. At the time of the final plat, fees would be paid by the applicant in lieu of dedication of land. Miklo stated the staff report originally recommended deferral while a number of items were corrected or resolved. The application is now complete and all those items have been resolved. As noted on page six of the December 21 staff report the plan is now correctly labeled as a sensitive areas development plan, construction limits are clearly shown on the plan (demarking where construction will occur and sensitive areas will be preserved), a sidewalk network is illustrated on the plan, the wetland delineation has been reviewed by the Army Core of Engineers and accepted, the protected slopes are labeled and clearly shown, the steep slopes are labeled and clearly shown, an emergency turnaround has been added to the private street, and the City has received elevation drawings. Staff has discussed some changes to the building facades to break up and distinguish the buildings more. The applicant has agreed and will make those changes on the plans before this application goes to Council. Miklo added that the senior housing building will have underground parking. Staff recommends approval of REZ17-00017 an application submitted by University Lake Partners II, LLC, for a rezoning of approximately 53.29 acres from High Density Single Family Residential (RS -12) zone to Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) for approximately 50.11 acres and Commercial Office (CO -1) zone for approximately 3.18 acres, located south of 1-80 west of Prairie Du Chien Road. Hensch questioned the altering of the wetlands buffer to 50 feet in some areas and if that was common practice and had been done before in other applications. Miklo said it has been done on two or three occasions, it is not very common. Hensch asked the objective for the decrease. Miklo said it would allow for an increase in other areas where a larger buffer will be beneficial and in exchange it decreases the buffer in other areas. In one area the buffer would be reduced to allow for a retaining wall for theparking lot of the large senior housing building. In the areas where the buffer is increased it will allow for better filtration of the other wetlands on the site. Hensch asked where the water shed for this area was, where would all the water drain to. Miklo showed a stream where the water would drain to, and then from the stream into the Iowa River. Signs asked if this development would complete the connection of Foster Road from Prairie Du Chien Road to Dubuque Street. Miklo confirmed it would, the applicant is required as part of the Planning and Zoning Commission January 18, 2018 — Formal Meeting Page 3 of 5 approval of development to complete Foster Road to the edge of their development, however the applicant feels that to make their development marketable they want to complete Foster Road all the way to Dubuque Street to provide access to downtown and the University. Miklo added there have been some discussions that the applicant would finance and build the road and then based on the increase in tax increment they could be paid back for portions of the road that are not adjacent to their property. That agreement would have to be part of an Urban Renewal Plan and Developers Agreement which would be completed at a later stage. The Comprehensive Plan contemplates something of that sort, it recognizes given the steep topography this would be an expensive property for a developer to build, the overall density of this development is roughly 2 /2 to 3 units per acre when you look at the overall property. Therefore, the Plan has noted there may be a need for some City involvement in the development of Foster Road. The competed street will be very beneficial for general circulation for the north side of Iowa City. Hensch opened the public hearing. Mike Welch (HBK Engineering) spoke on behalf of the applicant. Welch confirmed they are working with the developer to redesign the rooflines and building facades to break up and distinguish the buildings more. With regards to the road connection they submitted plans yesterday to the City Engineering for the Foster Road connection and the applicant agrees that to make this development work the connection is needed. Dyer asked when the road was anticipated to be built. Welch said they are looking at starting work on the road this spring. Hensch stated that on the issue of wetlands, one of the things the Commission frequently hears from people is how their property is wet, basements get wet, etc., and with so many slopes on this site and wetlands, will the water be able to be contained onsite. Welch replied that in general there is a waterway (stream) that parallels the Foster Road extension on the south side and the water will discharge to that stream. For the most part the building grades are significantly higher than the wetlands, in some areas they will be installing underground chambers where there is not room for an at -grade detention. The underground chambers will control the flow of water discharge. Hensch also asked about the reducing of the buffer to 50 feet and why it was decided that would be needed. Welch said the reductions were needed in areas where they had to have additional area for driveways to allow them to achieve the density needed to make the development succeed. Welch noted they worked with Earthview Consulting to identify the areas where buffers should be increased and could be decreased so they could plan accordingly. Hensch asked if there was any need to purchase any wetlands credit for this project. Welch replied it was all done onsite as they are not actually removing any of the wetlands they are just adjusting their buffers. Hensch asked about flooding and if this area was in the 100 year or 500 year flood plains. Welch said in 2008 near Hidden Meadow Drive there is a low point in the road and that did have some water over it. He added they are working with Engineering and Public Works to set the road elevation so that the road can remain open during a flood event. Hensch closed the public hearing Planning and Zoning Commission January 18, 2018 — Formal Meeting Page 4 of S Theobald moved to approve REZ17-00017 an application submitted by University Lake Partners II, LLC, for a rezoning of approximately 53.29 acres from High Density Single Family Residential (RS -12) zone to Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) for approximately 50.11 acres and Commercial Office (CO -1) zone for approximately 3.18 acres, located south of 1-80 west of Prairie Du Chien Road. Dyer seconded the motion. Hensch reiterated that it appears all the concerns raised at the previous meetings have been resolved. Parsons added that the extension of Foster Road will be a benefit for the area and with all the steep slopes on the area the clustering is a very effective use of the land. Signs agreed on the clustering and the maximization of the space that is less valuable from an ecological point. Hensch added that this area looks difficult to develop due to the topography so this plan seems to best meet the needs of the area and the extension of Foster Road is needed. A vote was taken and the motion passed 6-0 (Freerks absent). CONSIDERATION OF MEETING MINUTES: JANUARY 4, 2018 Signs moved to approve the meeting minutes of January 4, 2018 Theobald seconded the motion. A vote was taken and the motion passed 6-0 (Freerks absent). PLANNING AND ZONING INFORMATION: None. ADJOURNMENT: Theobald moved to adjourn. Signs seconded. A vote was taken and motion carried 6-0. Kellie Fruehling From: Kellie Fruehling Sent: Thursday, March 01, 2018 1:34 PM To: 'Rob Decker' Cc: Bob Miklo; Brian Boelk; Michael Welch Subject: RE: Request for Foster Road East to Condense 2nd/3rd Readings - PLEASE CONFIRM Hi Rob, I'll add your request to the Council packet Thank you Kellie Fruehling City Clerk City of Iowa City 410 E Washington St Iowa City, IA 52240 (319) 356-5041 From: Rob Decker[ma iIto: rdecker@hbkengineering.comj Sent: Thursday, March 01, 2018 1:30 PM To: Kellie Fruehling <Kellie-Fruehling@iowa-city.org> Cc: Bob Miklo <Bob-Miklo@iowa-city.org>; Brian Boelk <bboelk@hbkengineering.com>; Michael Welch <michael.welch@hbkengineering.com> Subject: Request for Foster Road East to Condense 2nd/3rd Readings - PLEASE CONFIRM Importance: High Good Morning Kellie, HBK and the Owner for the Foster Road (East) rezoning (Forest Hill Estates) would like to condense the 2nd/3rd readings and the next council meeting. Bob Miklo said I can make a formal request of you. Please confirm that this is sufficient and/or that this can be accomplished. Let me know if there is anything else needed. Thanks much! Rob Decker, MSE, CPG, CPII Division Manager HBK ENGINEERING, LLC 509 S Gilbert St Iowa City, IA 52240 Office: (319)338-7557 x4459 Mobile: (319) 333-9322 rdecker(& h bkena ineenna.com www.hbkenpineeriniz.com CM Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00020) Ordinance No. 18-4741 Ordinance rezoning approximately 8.62 acres of property from County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Multi -family Residential (ID -RM) zone for 5.86 acres and Interim Development Single Family (ID -RS) for 2.76 acres located at 4643 Herbert Hoover Highway SE. (REZ17-00020) Whereas, the applicant, IC Housing Group, LLC, has requested a rezoning of property located at 4643 Herbert Hoover Highway SE from County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Multi -Family Residential (ID -RM) for 5.86 acres and Interim Development Single Family (ID -RS) for 2.76 acres; and Whereas, the Comprehensive Plan, specifically the Northeast District Plan indicates that the subject area is appropriate for residential development; and Whereas, the applicant is still investigating options for utility provision; and Whereas, interim zoning allows for managed growth until utilities are identified; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Property described below is hereby reclassified from its current zoning designation of County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Single Family (ID -RS) and Interim Development Multi -Family Residential (ID -RM): ID -RS : BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF TEGLER SUBDIVISION, JOHNSON COUNTY, IOWA AS RECORDED IN BOOK 25 AT PAGE 42 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88040'08°W, ALONG THE SOUTHERLY LINE OF SAID LOT 1, 298.79 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N01°19'52"E, ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 404.00 FEET; THENCE S88°40'08"E, 296.62 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1; THENCE S01°01'23"W, ALONG SAID EASTERLY LINE 404.01 FEET TO THE POINT OF BEGINNING, CONTAINING 2.76 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1911:1 1 COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF TEGLER SUBDIVISION, JOHNSON COUNTY, IOWA AS RECORDED IN BOOK 25 AT PAGE 42 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N01001'23"E, ALONG THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 404.01 FEET TO THE POINT OF BEGINNING; THENCE N88°40'08"W, 622.58 FEET TO A POINT ON THE WESTERLY LINE Ordinance No. is -474i Page 2 OF SAID LOT 1; THENCE N01°19'52°E, ALONG SAID WESTERLY LINE AND ITS NORTHERLY EXTENSION, 328.94 FEET TO A POINT ON THE CENTER LINE OF HERBERT HOOVER HIGHWAY SE; THENCE N76°31'01"E, ALONG SAID CENTER LINE, 641.25 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 1; THENCE S01001'23"W, ALONG SAID NORTHERLY EXTENSION OF THE EASTERLY LINE AND THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 492.90 FEET TO THE POINT OF BEGINNING, CONTAINING 5.86 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Section II. Zoning Mao. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of march 2018, Mb6or Approved by: Attest City Clerk City Attorney's Office Ordinance No. 18-4741 Page 3 It was moved by Salih and seconded by Mims Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: x Botchway Cole Mims Salih Taylor Thomas Throgmorton that the First Consideration 02/06/2018 Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Botchway, Cole, Mims, Salih. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Botchway, Cole 02/20/2018 AYES: Mims, Salih, Taylor, Thomas, Throgmorton, NAYS: None. ABSENT: None. Date published 03/15/2018 STAFF REPORT To: Planning & Zoning Commission Prepared by: Sylvia Bochner, Planning Intern Item: ANN17-00001/REZ17-00020 Date: January 4, 2018 GENERAL INFORMATION: Applicant: IC Housing Group, LLC 266 South 101 Avenue Waite Park, MN 56387 MSCarr@SandCompanies.com Contact Person: Megan Carr 366 South 10th Avenue Waite Park, MN 56387 320-202-3100 MSCarr(ai7S andComoanies.com Property Owner: Lyle Mark and Betsy Larson 22780 Hope Dale Avenue Parker, CO 80138 larsonmbjk@gmail.com Requested Action: Annexation & Rezoning Purpose: To annex 7.9 acres at 4643 Herbert Hoover Highway SE to rezone the property from County Commercial (C) and County Multi -Family Residential (RMF) to Interim Development Multifamily (ID -RM) for 5.27 acres and Interim Development Single Family (ID -RS) for 2.76 acres. Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: File Date: 4643 Herbert Hoover Highway SE 7.90 acres Residential—County Commercial (C) and County Multi -Family Residential (RMF) North: Residential – County Residential (R) South: Residential – County Commercial (C), County Multi -family Residential (RMF), and County Residential (R) East: Residential – County Residential (R) West: Commercial –Community Commercial (CC -2) and Office Commercial (CO -1) Northeast District Plan – residential December 4, 2017 45 Day Limitation Period: January 18, 2018 703-06-18 6c BACKGROUND INFORMATION The applicant, IC Housing Group, LLC, with the consent of the owners, Lyle Mark and Betsy Larson, is requesting annexation and rezoning of 7.90 acres of property located at 4643 Herbert Hoover Highway SE. The applicant has requested that the property be rezoned from County Commercial (C) and County Multi -Family Residential (RMF) to Interim Development Multifamily (ID -RM) for approximately 5.27 acres and Interim Development Single Family (ID -RS) for approximately 2.76 acres (see attachment label A-6) This area is located adjacent to Iowa City's current boundary and within Fringe Area B of Johnson County's Fringe Area Agreement with Iowa City. The comprehensive plan shows this area within the City's growth boundary with a future land use of residential at a density of 2-8 dwelling units per acre. The applicant has used the "Good Neighbor Policy" and held a meeting on December 19, 2017. At that meeting a concept plan was presented showing multifamily residential on the northern part of the property and single family on the southern portion. ANALYSIS: Annexation: The Comprehensive Plan has established a growth policy to guide decisions regarding annexations. The annexation policy states that annexations are to occur primarily through voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be reviewed under the following three criteria. The Comprehensive Plan states that voluntary annexation requests should be viewed positively when the following conditions exist. 1. The area under consideration falls within the adopted long-range planning boundary. A general growth area limit is illustrated in the Comprehensive Plan and on the City's Zoning Map. The subject property is located within the City's long-range growth boundary. The boundary is located about 1.5 miles east of the subject property. 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. Iowa City has a need for expanded housing options to accommodate a growing population. At the time of the development of the Northeast District Plan, the area east of Scott Road and south of Herbert Hoover Highway was largely agricultural and undeveloped. However, the plan indicated that a variety of types of residential uses would be appropriate for the subject area. One of the goals for this area is to encourage a reasonable level of housing diversity, including single family homes, duplexes, townhouses, and small apartment buildings. The Comprehensive Plan encourages growth that is contiguous and connected to existing neighborhoods to reduce the costs of providing infrastructure and City services. The western border of the subject property is adjacent to the eastern border of Iowa City, near the Olde Towne Village commercial area. Therefore the subject property is contiguous to current development and meets the goal of contiguous growth. 3. Control of the development is in the City's best interest. The property is within the Long - Range Planning Boundary. It is appropriate that the proposed property be located within the city so that residents of future development may be served by Fire, Police, water, and sanitary sewer service. Annexation will allow the City to provide these services and assure PCMStaHRepansls ffreportannW-0O 1doc 3 that the infrastructure meets City standards. Annexation will allow the City to control zoning so that it is compatible with the Comprehensive Plan. For the reasons stated above, staff finds that the proposed annexation complies with the annexation policy. Zoning: The western portion of the subject property is currently zoned County Commercial (C), while the eastern portion of the lot is zoned County Multifamily Residential (RMF). The County Commercial zone allows for the development of a wide variety of retail uses, businesses, government and professional offices, and places of amusement. The County Multifamily Residential zone allows the construction of multifamily housing with a minimum lot area of 1,000 square feet per unit with a maximum height of 3 stories. Single family dwellings and two-family dwellings are also permitted in this zone. However, because of the subject area's location in Iowa City's Fringe Area within the growth boundary, all development in this area must be constructed to City standards and it is unlikely that development would occur prior to annexation. The applicant is requesting rezoning of the subject property to Interim Development Multifamily Residential (ID -RM) for approximately the northern 5.27 acres, and Interim Development Single Family Residential (ID -RS) for approximately the southern 2.76 acres. The purpose of the Interim Development zone is to provide areas of managed growth in which agricultural and non -urban land uses can continue until the City is able to provide services to support development. Under this zoning, the only use that is permitted by right is agriculture. The applicant is currently investigating options for providing utilities to this area. Because utilities are still undetermined, interim zoning is appropriate for this property. Sanitary Sewer and Water: As noted, the applicant is investigating options to provide water and sewer service to this property. Once that is determined a permanent zoning designation will be considered. Traffic Implications: Herbert Hoover Highway serves as the arterial street connecting the subject property to the rest of Iowa City. This street is currently not built to City standards. Although the pavement is in reasonable condition, there is no curb, gutter, or storm sewers. The Subdivision Code gives the City the discretion to approve development on roads that do not meet City standards, provided the developer contributes to the cost of improving the street in the future. For arterial streets, the fee is 12.5% of the cost for improving the street based the City Engineer's estimate. Payment of these fees will need to a part of the developer's agreement at the time the property is platted. A sidewalk was installed along Herbert Hoover Highway by the developers of the Churchill Meadows subdivision to provide pedestrian access between their development and the rest of Iowa City. That sidewalk crosses the northern part of this property and provides a pedestrian connection to the commercial area to the west. STAFF RECOMMENDATION: Staff recommends approval of ANN 17-00001 and REZ17-00020, annexation of approximately 7.90 acres and a rezoning from County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Multifamily (ID -RM) for approximately 5.27 acres and Interim Development Single Family (ID -RS) for approximately 2.76 acres located at 4643 Herbert Hoover Highway SE. P=SIeH ReponAsleH repon 9W7-0OOD7 Aoc ATTACHMENTS: 1. Location Map 2. Applicants Statement 3. A-6 Proposed Zoning 4. Summary of Good Neighbqr Meeting Approved Tracy Hightshoe, Director, Department of Neighborhood and Development Services PCMSWff Repodslslafl report ann17-=OI.dOG NEX Apartments Annexation Application Legal Description TEGLER SUBDIVISION LOT 1 SUBJ TO ROW EASEMENT TO JOHNSON COUNTY AS DESC IN BK 997 PG 349 Location Mao Neighboring Property Listing See the attached spreadsheet. Emailed on December 4, 2017 as an Excel file to PlanningZoning@iowa-city.org. Applicant's Statement IC Housing Group, LLC, Applicant, requests annexation and Interim Development zoning from the City of Iowa City. Applicant is requesting annexation within Iowa City's growth area. The intent is to build multifamily housing on the northern portion, but the Applicant needs to further review, with City Staff, utility and other infrastructure, which is why the zoning being requested is Interim Development. Further, land directly to the west, and nearby on the east and south have all been annexed into the City of Iowa City. Zoning on the northern portion of the site will be requested at RM -12 and will be forthcoming in spring 2018. The southern portion will remain as Interim Development until further analyzed. ' I ID: RM 5.27 ACREAS i I i 1 ID: RS I y 2.76 ACREAS j INM2o., NEX Apartments Annexation Application Summary of Good Neighbor Meeting A Good Neighbor Meeting for the annexation of 4643 Herbert Hoover Highway SE took place at Helen Lemme Elementary School on December 19, 2017 from 6:30 pm to 8 pm. Owner/Developer representatives were Megan Carr and Nikki Sand from Sand Development, LLC representing IC Housing Group, LLC. Bob Miklo from the City of Iowa City attended the meeting to answer any relevant City procedural questions. Two neighbors attended and asked various questions regarding the process and plans for the site. Megan Carr answered their questions relating to the site development and timeline. Bob Miklo answered their questions relating to rezoning and process. The two neighbors were Ted Pacha, 4640 Lower West Branch Road SE, Iowa City, IA and Linda Lovik, 4665 Herbert Hoover Highway SE, Iowa City, IA. Planning and Zoning Commission January 4, 2018 — Formal Meeting Page 7 of 10 Hensch stated his appreciation with Kum & Go working with Hospice and that this design actually improves the parking situation for Hospice. Freerks agreed noting the details that have gone into this proposal are thoughtful. Signs stated he was concerned at first about the parking lot for Hospice jetting over to the residential part of Is' Avenue but feels the applicant did a nice job trying to screen that as nice as they can. Dyer added that most of the parking in that area will happen during the day so headlights shouldn't be an issue. Parsons stated he likes the layout and thinks it will be an efficient use of space, much better than what is there now. A vote was taken and the motion with amendment carried 5-0. y ANNEXATION & REZONING ITEM (ANN17-00001/REZ17-00020): Discussion of an application submitted by IC Housing Group, LLC, for annexation and a rezoning of approximately 7.9 acres from County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Multifamily (ID -RM) for approximately 5.27 acres and Interim Development Single Family for approximately 2.76 acres located at 4643 Herbert Hoover Highway SE. Miklo noted that the property is on the south side of Herbert Hoover Highway, just east of the Iowa City Care Center and Old Towne commercial area, and west of the latest addition of Churchill Meadows. Miklo showed aerials of the current zoning and the proposed zoning. The Comprehensive Plan for the area is the Northeast District Plan, the Plan shows the Care Center and shows this area as green space around the Care Center, but that is not going to happen. The Plan does show single family as it moves to the east. The staff report shares the details about the annexation policy, this application meets the policy as it is clearly in the Iowa City growth area, it is an area they would rather see develop in the City and not the County. Miklo noted there are some infrastructure needs that haven't been resolved such as how sewer and water will be provided but the interim zoning address that until those issues are resolved. Staff recommends approval of ANN17-00001 and REZ17-00020, annexation of approximately 7.90 acres and a rezoning from County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Multifamily (ID -RM) for approximately 5.27 acres and Interim Development Single Family (ID -RS) for approximately 2.76 acres located at 4643 Herbert Hoover Highway SE. Freerks asked if in the ID -RS area how many houses could go in an area like that. Miklo replied that in the RS -5 zone they typically see about three units per acre, if it is a planned development it might be up to five houses per acre, so there could be a total of five to ten houses here. Parsons asked about utilities and the sidewalk along Herbert Hoover Highway extending down to Churchill Estates. Miklo said that sidewalk is now in place. Planning and Zoning Commission January 4, 2018— Formal Meeting Page 8 of 10 Signs asked if the Commission had seen the adjacent property to the east in an application recently. Miklo said with that location the Commission saw the application because it was a County subdivision and the City allowed it to be split into one additional lot and an outlot and any development other than that would require annexation. Miklo pointed out two other properties in the area that are still County properties. Parsons asked about the green space to the south and if it would remain green space. Miklo said while the current owner has the property it will be green space but any future owner could develop that space. Freerks opened the public hearing. Megan Carr (Sand Companies/IC Housing Group) said they do have under contract the 5.72 acres and would like to apply for annexation and then eventual rezoning to develop two multi- family developments at that location. Each building would be about 30-40 units. Hensch asked what the timeline for that project. Carr replied start of construction would be in 9- 10 months noting they recognize there are water, sewer and traffic items they need to address which they are not prepared to proceed with at this time, and that is why they are applying for interim development at this time. Freerks commented that 30-40 units per building seems quite large. Miklo noted the City has approved some 36 unit buildings recently. Carr noted they are currently developing a building in Coralville that is 56 units where the old Lantern Park Nursing Home was. Carr added the building would be no taller than three stories. Freerks closed the public hearing Hensch moved to recommend approval of ANN17-00001 and REZ17-00020, annexation of approximately 7.90 acres and a rezoning from County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Multifamily (ID -RM) for approximately 5.27 acres and Interim Development Single Family (ID -RS) for approximately 2.76 acres located at 4643 Herbert Hoover Highway SE. Parsons seconded the motion. Freerks noted it meets all criteria of annexation and development. Parsons asked if there has been any interest in developing the northern side of Herbert Hoover Highway. Miklo replied there has not. Parsons noted seeing this portion of the Highway becoming very busy in the future. Signs noted the north side is owned by one individual. A vote was taken and the motion carried 5-0. CONSIDERATION OF MEETING MINUTES: DECEMBER 21, 2017 Parsons moved to approve the meeting minutes of December 21, 2017. Hensch seconded the motion. A vote was taken and the motion passed 5-0.