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
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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. Sensitive Areas Narrative
r
Approved by:
Tracy Hightsho6, Intentri Director,
Department of Neighborhood and Development Services
1
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Foster Road Development
A17-0540 11.30.17
Applicant's Statement for Rezoning
UTILITY Jhbk INFRASTRUCTURE
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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
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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.
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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.
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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.
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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
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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.
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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
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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.