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HomeMy WebLinkAbout2020-05-05 OrdinanceItem Number: 10.a. �r CITY OE IOWA CITY www.iogov.org May 5, 2020 Ordinance conditionally rezoning land near the intersection of Eastbrook Street and American Legion Road from Interim Development Single -Family (ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, to Low Density Multi -Family Residential (RM -12) for approximately 10.64 acres, and to Low Density Single -Family Residential (RS -5) for approximately 22.51 acres. (REZ19-13) ATTACHMENTS: Description Public Hearing Notice Staff Report with Attachments Ordinance Conditional Zoning Agreement NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held at which the Council will consider: An ordinance conditionally rezoning land near the intersection of Eastbrook Street and American Legion Road from Interim Development Single -Family (ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, from Interim Development Single -Family (ID -RS) to Low Density Multi -Family Residential (RM -12) for approximately 10.64 acres, and from Interim Development Single - Family (ID -RS) to Low Density Single - Family Residential (RS -5) for approximately 22.51 acres. (REZ19-13) Copies of the proposed ordinance and conditional zoning agreement are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa, which is currently closed to the public because of the coronavirus. Copies are available by telephoning the City Clerk at 319/356-5043 or emailing kellie-fruehling(a�iowa- city.org. The public hearing will be held at 7:00 p.m. on April 21, 2020, in Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City. If City Hall remains closed to the public, the meeting will be an electronic meeting using the Zoom Meetings Platform. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at 319/356-5043. Persons wishing to make their views known for Council consideration are encouraged to participate. Kellie Fruehling, City Clerk To: Planning & Zoning Commission Item: REZ19-13 GENERAL INFORMATION: STAFF REPORT Prepared by: Ray Heitner, Associate Planner Date: April 2, 2020 Applicant: Allen Homes, Inc. PO Box 3474 Iowa City, IA 52244 319-350-8238 allenhomesinc@gmail.com Contact Person: Property Owner: Same as Applicant Allen Development, LLC PO BOX 3474 IOWA CITY IA 52244 Summit Ridge, LLC PO BOX 3474 IOWA CITY IA 52244 Requested Action: Rezoning from Interim Development - Single - Family Residential (ID -RS) to Low Density - Multi -Family Residential (RM -12), Low Density - Single -Family Residential (RS -5), and Neighborhood Public (P-1). Purpose: Development of single-family and multi -family housing, and a fire station. Location: East of Eastbrook Street and north of American Legion Road K Location Map: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: W 35.29 acres Farmland, Interim Development — Single -Family Residential (ID -RS) North: P-1 — Neighborhood Public (Parkland) South: R — County Residential (Farmland and Religious Space) East: RS -5 - Low Density Single -Family Residential (Residential) West: P-1 — Neighborhood Public (Parkland) RM -12 - Low Density Multi -Family Residential (Residential) Southeast District Plan District Plan: Southeast District Plan — Low/Medium Single - Family Residential and Duplex; Medium/High Density Single -Family Residential and Townhouse Neighborhood Open Space District: File Date: 45 Day Limitation Period: SE3 November 27, 2019 (Original Submission Date) March 13, 2020 (Revised Submission) The applicant has waived the 45 -day limitation period. BACKGROUND INFORMATION: An application submitted by Allen Homes, Inc. for a rezoning of approximately 35.29 acres located north of American Legion Rd and east of Eastbrook St from Interim Development - 3 Single -Family Residential (ID -RS) to 10.64 acres of Low Density Multi -Family Residential (RM -12), 22.51 acres of Low Density Single -Family Residential (RS -5), and 2.14 acres of Neighborhood Public (P-1). Earlier this year, the Council approved an annexation and rezoning of the subject property to Interim Development Single -Family Residential (ID -RS) with the following conditions: 1.The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in Resolution 18-211. 2. The dedication of 17 feet of additional public right-of-way along American Legion Road to be dedicated to the City at the time of final platting. 3. Conveyance of a temporary construction easement to the City along the north side of American Legion Road. Due to concerns over COVID-19, staff asked the applicant not to hold an in-person good neighbor meeting. Instead, the applicant mailed out pertinent materials to area neighbors. ANALYSIS: Current Zoning: Earlier this year, the City Council approved the annexation and rezoning of the subject property from County Residential (R) to Interim Development Single -Family Residential (ID -RS). The Secretary of State's Office is currently reviewing the application for annexation. The Interim Development zone is intended 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. Therefore, a subsequent rezoning is necessary for the property owner to develop the property beyond an agricultural use. Proposed Zoning: The applicant is requesting a rezoning of the subject property to 10.64 acres of Low Density Multi -Family Residential zone (RM -12), 22.51 acres of Low Density Single -Family Residential zone (RS -5), and 2.14 acres of Neighborhood Public zone (P-1). The purpose of the Low Density Multi -Family Residential zone (RM -12) is to provide for the development of high density, single-family housing and low density, multi -family housing. This zone is intended to provide a diverse variety of housing options in neighborhoods throughout the city. Careful attention to site and building design is important to ensure that the various housing types in any one location are compatible with one another. The applicant has submitted the attached concept plan, dated 02/26/2020. The concept shows a total of 104 stacked -flat units and 6 townhouse units in the proposed RM -12 zone. Six 8 -10 -unit stacked -flat buildings are shown south of the proposed Eastbrook Street extension, with another four 12 -unit stacked -flat buildings shown to the north of Eastbrook Street. Densities range between 8-16 units per acre on the proposed RM -12 lots, with densities on the stacked -flat lots between 12-16 units per acre. The proposed density conforms with what is allowed under the RM -12 zone. The low density single-family residential zone (RS -5) is primarily intended to provide for single-family housing opportunities. The regulations are intended to create, maintain, and C! promote livable neighborhoods. The regulations allow for some flexibility of dwelling types to provide housing opportunities for a variety of household types. This zone also allows for some nonresidential uses that contribute to the livability of residential neighborhoods, such as parks, schools, religious institutions, and daycare facilities. Related nonresidential uses and structures should be planned and designed to be compatible with the character, scale, and pattern of the residential development. The attached concept plan shows 56 single- family residential lots on the area to be rezoned to RS -5, with an average density of 4.41 units per acre. This range in density conforms with what is allowed under the RS -5 zone. The Neighborhood Public (P-1) zone accommodates uses such as schools, parks, police and fire stations, and other civic buildings owned or otherwise controlled by the county, the city, or the Iowa City community school district. These uses are subject to certain development standards in order to create a transition between public and private uses. The attached concept plan shows the proposed P-1 zone lot as a site for a future City fire station. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezonings: 1.Consistency with the comprehensive plan; 2.Compatibility with the existing neighborhood character. Consistency with the Comprehensive Plan: The Southeast District Plan shows the subject property within the City's growth area, with two different land use designations over the subject property (see Figure 1.0). The Low/Medium Density Single -Family and Duplex land use designation covers the majority of the subject property and envisions development at a density of 2-8 dwelling units per acre. The Medium/High Density Single -Family and Townhouse designation covers the western portion of the property and envisions zero lot line development, duplexes, townhouses, and narrow lot detached single-family at a density of 8-13 dwelling units per acre. Figure 1.0 — Subject Property within the Southeast District Plan Ma Legend - — Creeks and Streams •---• Growth Area Limit - 17-1 SE District Boundary Possible Elementary Sites Lt Future Alley - . - - Future Collector Street Future Local Street r Future Land Utes J C LowNedium Density SF & Duplex 1 r MediumrHigh Density 5F & Townhouse L'. 171 .I �4 r � ■ 5 Within the western portion of the property, lots 57 and 59 in the attached concept plan show a slightly higher density (just under 14 units/acre) than what is envisioned for this area in the Southeast District Plan (8-13 units/acre). On these lots, the concept plan shows stacked -flats, which is a housing type not contemplated in the Southeast District Plan. Rather, the plan generally calls for detached and attached single-family and townhouse - style housing. However, the Comprehensive Plan calls for increasing housing options within the Southeast District and encouraging a mix of housing types within new neighborhoods; which the proposed concept plan accomplishes. The Comprehensive Plan also calls for the continued development of interconnected street networks. Specifically, the Plan calls for new neighborhoods to be designed in a manner that contributes to the larger interconnected street pattern of the city and that provides for safe, efficient and orderly movement of vehicular, pedestrian, and bicycle traffic. The attached concept plan accomplishes this objective by extending Eastbrook Street to the east, thereby providing a connection between the future north -south road and the Eastbrook Flats neighborhood to the west. Despite the slightly higher planned density in the RM -12 zone areas, the housing diversity and street connectivity shown in the concept plan align with the policy direction provided in the Southeast District Plan. Therefore, staff recommends a condition that development on the subject property generally conform to the attached concept plan, dated 02/26/2020, which will include the extension of Eastbrook Street to the future north -south street. Compatibility with the Existing Neighborhood: The RS -5 zoning that is proposed along the property's east side matches the zoning and scale of housing seen to the east in the Windsor West neighborhood. The attached concept plan does show a transition in intensity from the 3 -flat multi -family housing to the west, to some townhouse housing along the southern portion of the proposed north -south street, to the detached single-family housing proposed throughout the eastern portion of the property. While the proposed extension of this style of multi -family housing to the east is more intense than what is detailed in the Southeast District Plan, the relative proximity of this housing to the Eastbrook Flats neighborhood, and to the intersection of Scott Boulevard and American Legion Road, help to justify the proposed extension of density eastward. Sanitary Sewer: The developer will be required to pay a water main extension fee of $456.75 per acre before public improvements are constructed. The subject property is located outside of the sewer tap -on fee district and will not be required to pay sanitary sewer tap -on fees. Stormwater: There is a stormwater detention easement over the northwestern portion of the property. The attached concept plan shows this detention easement decreasing in overall area but maintaining enough volume for the proposed development in the concept. Public Works staff has reviewed these preliminary estimates on the proposed changes to the detention easement area. The existing detention easement will need to be amended before any building permits can be issued for the proposed development. Staff is also recommending a condition that a permanent drainage easement from the American Legion Road improvement project, be dedicated to the City at a location to be determined by Public Works staff. In addition, staff is recommending a condition 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. LIS Environmentally Sensitive Areas: The subject property does not contain any environmentally sensitive features. The northern and western portions of the property are in the 100 and 500 -year flood plains. Access and Street Design: Staff is recommending carrying over conditions from the property's previous rezoning to ID -RS with respect to dedication of 17 feet of additional right-of-way to the City when the property is platted for future development, and another condition to allow for the conveyance of a temporary construction easement to the City along the north side of American Legion Road. These conditions support the public need for enhancing American Legion Road, thereby allowing it to be used as an arterial road. Staff views the extension of Eastbrook Street as a positive aspect of the concept plan. The plan also provides internal connections to the existing street network that has been established in the Windsor West and Eastbrook Flats neighborhoods. Proposed connections to the City's established trail network on the property's west side to Scott Park, and in the far northeast corner of the property also align with Southeast District Plan goals for enhancing walkability and connectivity. Staff is recommending a condition that trail connections to the City's park and trail networks are provided as shown in the concept plan. The trail connection on the property's far west side must be built to the northern property line. The trail connection between Lots 23 and 24 must be made all the way to the existing trail on City property. Staff does have some concerns related to the potential for speeding, due to the proposed block lengths shown in the attached concept plan. It appears that several proposed blocks in the concept plan are greater than the City's maximum block length recommendation of 600' for local streets. Additionally, the distance between the proposed north -south street and Buckingham Lane (to the east of the subject property) is less than the recommended 600' block length for arterial streets. Staff is recommending a condition that the applicant work with staff to implement traffic calming measures that staff deems necessary during the plat review stage of the property's development. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, a public hearing will be scheduled for consideration of the application by the City Council. Pending approval by the City Council, the applicant will be required to submit applications for preliminary and final plats to subdivide the land into lots that follow the proposed zoning boundaries. STAFF RECOMMENDATION: Staff recommends approval of REZ19-13, a rezoning from Interim Development — Single - Family Residential (ID -RS) to Low Density Multi -Family Residential (RM -12) for approximately 10.64 acres, Low Density Single -Family Residential (RS -5) for approximately 22.51 acres, and Neighborhood Public (P-1) for approximately 2.14 acres with the following conditions (Conditions 1-3 are carried over from REZ 19-09): 1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in Resolution 18-211. VA 2. The dedication of 17 feet of additional public right-of-way to along American Legion Road, to be dedicated to the City within seven days of execution of the Conditional Zoning Agreement for REZ19-09. 3. Conveyance of a temporary construction easement along the north side of American Legion Road within seven days of execution of the Conditional Zoning Agreement for REZ19-09. 4. No building permit shall be issued for any development on 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. 5. Any development on the subject property shall generally conform to the attached concept plan, dated 02/26/2020, which will include the extension of Eastbrook Street to the future north -south street, and the development of single-family, townhouse, and stacked -flat multi -family housing as shown in said concept plan. 6. Trail connections to the City's park and trail networks are provided as shown in the attached concept plan. The trail connection on the property's far west side must be built to the northern property line. The trail connection between Lots 23 and 24 must be made all the way to the existing trail on City property. The developer shall be responsible for installing these trails at such time as described in a subdivider's agreement to be executed at the time any portion of this land is subdivided, and in accordance with the specifications for such improvements as to be set forth therein. 7. That a permanent drainage easement from the American Legion Road improvement project be dedicated to the City in a form of agreement acceptable to the City Attorney at the time of platting at a location to be determined by Public Works staff. 8. At platting, traffic calming measures, such as traffic circles, narrower lane widths, etc., must be incorporated to the satisfaction of City staff to address concerns related to speeding. ATTACHMENTS: 1. Aerial Map 2. Zoning Exhibit 3. Applicants Statement 4. Concept Plan from 02/26/2020 Approved by: Danielle Sitzman, AICP Department of Neighborhood and Development Services UtzbUKIF' I IUN - KLLUNIN(i F'AKULL 41 (IU -K5 I U H-1) A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet; Thence Northeasterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly, whose 133.92 foot chord bears N64°02'03"E; Thence S89°27'12"E, 145.99 feet; Thence S00°32'48"W, 359.01 feet, to a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 265.91 feet, to the Point of Beginning. Said Rezoning Parcel #1 contains 2.14 Acres, and is subject to easements and restrictions of record. RS8 RM12 \\ RS5 RM12 Pi UTTL E% P1 e� w RS5 G ° suix Ea.nnv RS5 cxnuviev P1 RS5 g ING PARCEL P1 DESCRIPTION - REZONING PARCEL #2 (ID -RS TO RM -12) A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: �\v Commencing at the West Quarter Corner of Section 18, Township 79 North, <\"� Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence v S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats O Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at O Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet, to the Point of Beginning; Thence continuing N00°33'49"E, along said East Line, 210.61 feet, to the Northeast Corner of said Eastbrook Flats .� Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at POINT OF Addition, and a Point on the South Line of Parcel 1 of "Ralston Creek South N N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 509.80 N feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1 Property Acquisition", in accordance with the Plat thereof Recorded in Plat o' D PARCEL #2 Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; 40 N o � D C r Thence S89°26'59"E, along said South Line, 373.32 feet, to the Southeast 20 OF THE RECORDS OF rn w 0) Corner thereof; Thence N01°31'04"W, along the East Line of said Parcel 1, ac� _ D� -� �' o 0 �' cn � m RECORDER'S OFFICE distance of 230.90 feet; Thence S72°19'56"E, 481.11 feet; Thence = o z �rn POINT S00°48'17"E, 239.99 feet; Thence S89°27'12"E, 165.05 feet; Thence N OF 0 Z Z S00°48'17"E, 359.23 feet, to a Point on the South Line of the Northwest BEGINNING rn = v)�cnor m w Quarter of said Section 18; Thence N89°26'40"W, along said South Line, M 70 0 PARCEL 738.21 feet; Thence N00°32'48"E, 359.01 feet; Thence N89°27'12"W, 145.9970 I� rn # 1 #1 a O feet; Thence Southwesterly, 138.82 feet, along an arc of a 150.00 foot radius Southeasterly, 133.92 foot bears S64°02'03"W, 1 C C7 n� = curve, concave whose chord D o o N to the Point of Beginning. Said Rezoning Parcel #2 contains 10.64 Acres, and70 < D �_ is subject to easements and restrictions of record. rn rn � r- m� z m DESCRIPTION -REZONING PARCEL #3 ( ID -RS TO RS -5) N � m o� ���� A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, a o CO TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL ti z l�lrJ MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: rnti� O C/3 Commencing at the West Quarter Corner of Section 18, Township 79 North, 9) o Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence o S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats .� Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at POINT OF Page 20 of the Records of the Johnson County Recorder's Office; Thence N N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 509.80 N feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1 REZONING of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01 °31'04"W, along the East Line of said Parcel 1, a distance of 230.90 feet, to the Point of Beginning; Thence continuing N01 °31'04"W, along said East Line, 525.20 feet; Thence N20°10'51"E, along said East Line, 209.78 feet; Thence N50°29'32"E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the Records of the Johnson County Recorder's Office; Thence S00°50'20"E, along said West Line, and the West Line of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 165.48 feet; Thence N00°48'17"W, 359.23 feet; Thence N89°27'12"W, 165.05 feet; Thence N00°48'17"W, 239.99 feet; Thence N72°19'56"W, 481.11 feet, to the Point of Beginning. Said Rezoning Parcel #3 contains 22.51 Acres, and is subject to easements and restrictions of record. PARCEL I rNALSUGH CHREEGK SOU7H pV�OPERNTY ACOUNSMOO N IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT �,OOK 19 AT PAGE 84 OF THE RECORDS OF THE JOHN601 COUNTY RECORDER"S OFFICE E,A87 o G300 K 6 o ai FLATS t 1 w POINT OF „D0OMOD m ZW;u0 =OZm�� KU'=�mp N p z BEGINNING o 0 REZONING 0) ai O z PARCEL #2 IN PLAT ;300K 55 AT PAGE E,A87 o G300 K 6 o ai FLATS Qv o DO DZ „D0OMOD m ZW;u0 =OZm�� KU'=�mp N p z W 1 fl co IN ACCORDANCE WITH THE / z o PLAT THEREOF RECORDED IN PLAT ;300K 55 AT PAGE C r z C7 O 20 OF THE RECORDS OF X w 0) THE JOHNSON COUNTY _ D� -� �' rn � �-0 r cn � m RECORDER'S OFFICE 't O POINT �0) 0 N OF 0 Z Z BEGINNING w m v)�cnor m w REZONING M W � PARCEL FL- L- I� A ,�Dj # 1 #1 a O ° Z o Z S89"26'59"E 373.32'(M) 373.47'(R) 0=53°01'30" R=150.00' L=138.82' T=74.83' C=133.92' CB=S64°02'03"W N 64°02'03"E 145.99' N89'27'12"W S89°27'12"E 145.99' 00 REZONING o rn PARCEL #1co ID -RS TO P-1 00 2.14 AC Lr) M r7 O O Z 1 POINT OF BEGINNING REZONING PARCEL li#3 PARC EL I RALSTON MEEK SOUTH [PaOCEN ry QCOUMTJON 0� Oq' �h M9 1\14 - �j] V �1\4 LI V Ll SECUPOQ _ LI 1�09_5 N 89'45' 05"E ,177.85'(M) 177.66'(R) I 1 II I I I I II I II 1 1\ I _r \ I II \ I I \ I PA ±E ` I I II I I I I ,I I ' 0 10 25 50 75 100 GRAPHIC SCALE IN FEET,'' V=100' HIE 1\4 MW 1w � connnn SC�C���O�] IJ o-LlJ-3 o i Ui O i i LF'a pAF=r 'rH`D C C N ACCORDANCE WITH THE PLAT T EREOF RECORDED IN PLAT 600 58 AT PAGE 235 OF THE RECORD, OF THE JOHNSON COUNTY RECORDER", OFFICE I I 0 0 i III I � I I I - REZONING PARCEL #3ID-RS TO RS -5 22.51 AC ! --- a I Ii I II �I II I MVV 1\4- My 1\4 SEC UDHo -7g-5 5jX09 56 E 7 t 1 V N O Cr O O 4 O 0 REZONING PARCEL #2 ID -RS TO RM -12 10.64 AC 0 I ------------ SE, 1\//4 - HVV 1\4 I SECUPON OO N 092_7g-11 I I S89'27'12"E 165.05' 16'_ N89°27'12"W rn Z C4 O Cn 0 N 0 W J WEST QUARTER CORNER 02) OF -- -- SECTION 18-T79N-R5W n n EMIL N LEMON IND A D OF THE FIFTH P.M. 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C/� C/3 C/3 C/3 C/� E This property is surrounded on three sides by City corporate limits, and is within the growth area of Iowa City. American Legion Road is currently being designed to be upgraded to City standards, including a wide sidewalk/trail and utility infrastructure. The Iowa City School District recently established Hoover Elementary School approximately 1/2 mile to the east. These factors make the property ripe for development. The zoning of surrounding properties include Low Density Multi -Family (RM -12) to the west, Public property to the north (Scott Park), Low Density Single Family (RS -5) to the east, and High Density Single Family (RS -12) to the south. We have strove to be consistent with the surrounding zoning, by transitioning from multi -family to single family from west to east. Another factor in the rezoning proposal is meeting the City requirement that 10% of units be designated for affordable housing. Thank you for your consideration. ----- - 1111 11( � ( ' III / ' -- '? 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(First Consideration) M w T REZ19-13 North of American Legion Road and East of Eastbrook Street :P ung Ono W . t � r _ t 1 r T I IMP% 1• t raw - Ad- T�' r_ • • ... . _vamps . An dpplicatninsubmittedbyAllen Hames, Inc Iorarezoning ofapproxIwitely35.29acm • - Incated north or American Legion Rd and cast of Fasthmok St from lnterlm Dcvclopmvnt - Single -Family Residential IID-RS)to Z.14 acres of Neighbarhood Public Zane (P-1 ), 1064 acres of I.ow Density Multi -Family Residential (RM -1). and ZZ.51 acres of Low Density Si ngle-Fan ily Residential (4t_r'•Sj- CIT, OF 10WICITV 4��vrtirr•.�/. .. .-.ter_ �.�: • �f I i.. I Y r .. SSff' I ABEL ID -RS to R5- 5 ID -RS to RM - 12 ID -RS to P-1 � ..-trr wR r• -+v 7� � � � c ..aR`AO' r� pr■ srlit s_ 4 raw - Ad- T�' r_ • • ... . _vamps . An dpplicatninsubmittedbyAllen Hames, Inc Iorarezoning ofapproxIwitely35.29acm • - Incated north or American Legion Rd and cast of Fasthmok St from lnterlm Dcvclopmvnt - Single -Family Residential IID-RS)to Z.14 acres of Neighbarhood Public Zane (P-1 ), 1064 acres of I.ow Density Multi -Family Residential (RM -1). and ZZ.51 acres of Low Density Si ngle-Fan ily Residential (4t_r'•Sj- CIT, OF 10WICITV 4��vrtirr•.�/. .. .-.ter_ �.�: • �f I i.. I Y r .. SSff' I ABEL ID -RS to R5- 5 ID -RS to RM - 12 ID -RS to P-1 Requested Zoning (RM -12) Low Density Multi -Family Residential (RM -12) 10.64 acres Allows for high density, single-family and low-density, multi -family o Intended to provide a diverse variety of housing options, such as detached and attached single-family, duplexes, and multi -family o Careful attention to site and building design is important to ensure compatibility of a variety of housing types Proposed concept shows 110 units in RM -12 zone area. .�.� ES 2� • ti _ illi ori: J�=: ob a vm'� —: W�'z ' � 1111 a2 :1 r j IN �'� 1r,• IVA 1 ■PKIII Iri I II.,ai�� ie,.af e.��.�=-..._::..:.._ --:sem-wwii�--r •.�: Review Criteria Rezoning criteria: • Compliance with the comprehensive plan • Compatibility with the existing neighborhood Consistency with the Comprehensive Plan Southeast District Plan Land Use Map: Low -Medium Density Single Family & Duplex (eastern pale yellow) Envisions 2-8 DU/acre Suitable housing types include: SF detached/attached, duplex. Medium -High Density Single -Family & Townhouse (southwest mustard yellow) Envisions 8-13 DU/acre Suitable housing types include: zero lot line, duplex, townhouse, narrow lot SF detached. I Compatibility with the Existing Neighborhood The proposed RS -5 zoning on the eastern portion of the property matches the zoning to the east. The proposed stacked -flat housing in the southwest is similar to existing housing in the Eastbrook Flats area. :1a11r1a AilaViTIar.11Is elm01Ivivr.IKM NNN3, Nil Ekccpss and strpp RT2E 2 1 PM • I, Annexation into City & Zoned Interim Development Single -Family (ID -RS) w. conditions (December 2019) Rezoning from ID -RS to Neighborhood Public (P-1), Low Density Multi -Family Residential (RM -12), and to Low Density Single -Family Residential (RS -5) - P&Z recommendation to City Council Preliminary Plat-P&Z recommendation to City Council Final Plat -City Council by Resolution Planning &Zoning Commission Recommendation The Planning & Zoning Commission recommends approval REZ19-13, a rezoning from Interim Development — Single -Family Residential (ID -RS) to Low Density Multi -Family Residential (RM -12) for approximately 10.64 acres, Low Density Single -Family Residential (RS -5) for approximately 22.51 acres, and Neighborhood Public (P-1) for approximately 2.14 acres with six conditions: 1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in Resolution 18-211 for provision of affordable housing. 2. No building permit shall be issued for any development on the subject property until the City Council a roves a final plat resubdividing the subject property to con orm tot e zoning boundaries established by the rezoning ordinance. 3. Any development on the subject property shall generally conform to the attached concept plan, dated 02/26/2020, which wi inc u e the extension ot Eastbrook Street to the future north - south street, and the development of single-family, townhouse, and stacked -flat multi -family housing as shown in said concept plan. 4. Trail connections to the City's park and trail networks are provided ass own int e attached concept plan. T e trail connection on the property's far west side must be built to the northern property line. The trail connection between Lots 23 and 24 must be made all the way to the existing trail on City property. The developer shall be responsible for installing these trails at such time as described in a subdivider's agreement to be executed at the time anyportion of this land is subdivided, and in accordance with the specifications for such improvements as to be set forth therein. 5. That a permanent drainage easement from the American Legion Roadimprovement project e dedicated to the City in a form of agreement acceptable to the City Attorney at the time of platting at a location to be determined by Public Works staff. 6. At platting, traffic calming measures, such as traffic circles, narrower lane wits, etc., must be incorporated to the satisfaction of City staff to address concerns related to speeding. STAFF PRESENTATION CONCLUDED � r rrM as � h CITY OF IOWA CITY 410 East Washington Strect Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov. o rg 10,E Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ19-13) Ordinance No. Ordinance conditionally rezoning land near the intersection of Eastbrook Street and American Legion Road from Interim Development Single -Family (ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, to Low Density Multi -Family Residential (RM -12) for approximately 10.64 acres, and to Low Density Single -Family Residential (RS -5) for approximately 22.51 acres. (REZ19-13) Whereas, the applicant, Allen Homes, Inc., has requested a rezoning of property located at Eastbrook Street and American Legion Road from Interim Development Single -Family Residential (ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, to Low Density Multi -Family Residential (RM -12) for approximately 10.64 acres, and to Low Density Single -Family Residential (RS -5) for approximately 22.51 acres; and Whereas, the Iowa City Fire Department's Community Risk Assessment and Standards of Cover plan, indicate that a fifth fire station in the vicinity of the subject area is necessary to meet City response time goals; and Whereas, the Comprehensive Plan, specifically the Southeast District Plan, indicates that the subject area is appropriate for low/medium density and medium/high density single-family residential development; and Whereas, this rezoning creates public needs for affordable housing, street connectivity, housing diversity and scale, the enhancement of American Legion Road, traffic calming, and connection to the City's trail network; and Whereas, prior to annexation, Owners executed an Affordable Housing Pre -Annexation Agreement; and Whereas, by operation of this Pre -Annexation Agreement, Owner shall execute an affordable housing agreement detailing compliance with those obligations prior to issuance of any building permit for the subject property; and Whereas, the Pre -Annexation Agreement remains in full force and effect, unchanged by this rezoning; and Whereas, the Comprehensive Plan calls for increasing housing options within the Southeast District and encouraging a mix of housing types within new neighborhoods; and Whereas, to ensure that the following policy goals from the comprehensive plan related to neighborhood connectivity and housing scale are accomplished, the subject property shall generally conform to the attached concept plan; a. Ensure a mix of housing types within each neighborhood, to provide options for households of all types (singles, families, retirees, etc.) and people of all incomes. Ordinance No. Page 2 b. Encourage development on smaller lots that conserve land and allow for more affordable single-family housing options. C. Concentrate new development in areas contiguous to existing neighborhoods where it is most cost effective to extend infrastructure and services. d. Recognize the important relationship between transportation and land use by requiring new neighborhoods to be designed in a manner that contributes to the larger interconnected street pattern of the city and that provides for safe, efficient and orderly movement of vehicular, pedestrian, and bicycle traffic; and Whereas, there is a public need to improve American Legion Road for use as a modern arterial road, which must include off-site stormwater drainage onto the subject property; and Whereas, due to the long roadway, there is a public need to provide safe, efficient, and orderly movement of vehicular traffic with traffic calming measurements such as traffic circles and/or narrower traffic lanes to reduce vehicular speeds and achieve safe, efficient, and orderly movement of vehicular traffic; and Whereas, there is a public need for interconnected trails to provide safe, efficient and orderly movement of pedestrian and bicycle traffic; and Whereas, the trail connection on the property's far west side must be built to the northern property line. The trail connection between Lots 23 and 24 must be made all the way to the existing trail on City property; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding satisfaction of public needs through the provision of affordable housing, conformance with the attached concept plan to allow for development of interconnected streets and trails and diverse housing types, provision of a drainage easement to allow for improvements to American Legion Road, the provision of traffic calming measures, the requested zoning is consistent with the Comprehensive Plan; and Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Interim Development Single -Family Residential (ID -RS) zone to: P-1: A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet; Thence Ordinance No. Page 3 Northeasterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly, whose 133.92 foot chord bears N64°02'03"E; Thence S89°27'12"E, 145.99 feet; Thence S00°32'48"W, 359.01 feet, to a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 265.91 feet, to the Point of Beginning. Said parcel contains 2.14 Acres, and is subject to easements and restrictions of record. RM-12: A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet, to the Point of Beginning; Thence continuing N00°33'49"E, along said East Line, 210.61 feet, to the Northeast Corner of said Eastbrook Flats Addition, and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to the Southeast Corner thereof; Thence 1\101°31'04"W, along the East Line of said Parcel 1, a distance of 230.90 feet; Thence S72°19'56"E, 481.11 feet; Thence S00°48'17"E, 239.99 feet; Thence S89'27'1 2"E, 165.05 feet; Thence S00°48'17"E, 359.23 feet, to a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 738.21 feet; Thence N00°32'48"E, 359.01 feet; Thence N89027'12"W, 145.99 feet; Thence Southwesterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly, whose 133.92 foot chord bears S64°02'03"W, to the Point of Beginning. Said parcel contains 10.64 Acres, and is subject to easements and restrictions of record. RS-5: A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01 °31'04"W, along the East Line of said Parcel 1, a distance of 230.90 feet, to the Point of Beginning; Thence continuing N01°31'04"W, along said East Line, 525.20 feet; Thence N20010'51"E, along said East Line, 209.78 feet; Thence N50°29'32"E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the Records of the Johnson County Recorder's Office; Thence S00°50'20"E, along said West Line, and the West Line of Windsor West - Part One, in Ordinance No. Page 4 accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 165.48 feet; Thence N00°48'17"W, 359.23 feet; Thence N89°27'12"W, 165.05 feet; Thence N00°48'17"W, 239.99 feet; Thence N72°19'56"W, 481.11 feet, to the Point of Beginning. Said parcel contains 22.51 Acres, and is subject to easements and restrictions of record. Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owners 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 day of 120. Mayor Attest: City Clerk A v d by: � / .( City Attorney's Office (Sara Greenwood Hektoen — 04/30/2020) Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner that the First Consideration 05/05/2020 Voteforpassage: AYES: Mims, Salih, Taylor, Teague, Thomas, Weiner, Bergus. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Ray Hehner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (REZ19-13) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Summit Ridge, LLC and Allen Development, LLC (hereinafter collectively referred to as "Owners"), and Allen Homes, Inc. (hereinafter "Applicant"). Whereas, Owners are the collective legal title holders of approximately 35.29 acres of property located at the northeast corner of Eastbrook Street and American Legion Road; and Whereas, prior to annexation, Owners executed an Affordable Housing Pre -Annexation Agreement; and Whereas, said Pre -Annexation Agreement, recorded in Book 6021, Page 535, in the records of the Johnson County Recorder, requires Owner to: L rent or sell 10% of the total units constructed on the above-described real estate to income -eligible families for a period of 20 years from the date certificates of occupancy are issued for each such affordable unit, to be administered in accordance with Iowa City Code of Ordinance 14-2G-8, or a similar state or federal housing program; or ii, convey 10% of the total units to the City or an affordable housing provider for such affordable housing purposes; or iii. the payment of a fee -in -lieu thereof to the City's affordable housing fund, in an amount established by Resolution 18-213, approved on July 17, 2018, or, if said resolution has been rescinded at the time Owners apply for a building permit, as otherwise established by Council resolution; and Whereas, by operation of this Pre -Annexation Owner shall execute an affordable housing agreement detailing compliance with those obligations prior to issuance of any building permit for the subject property; and Whereas, the Pre -Annexation Agreement remains in full force and effect, unchanged by this rezoning; and Whereas, to ensure that the following policy goals from the comprehensive plan related to neighborhood connectivity and housing scale are accomplished, the subject property shall generally conform to the attached concept plan; a. Ensure a mix of housing types within each neighborhood, to provide options for households of all types (singles, families, retirees, etc.) and people of all incomes. b. Encourage development on smaller lots that conserve land and allow for more affordable single-family housing options. c. Concentrate new development in areas contiguous to existing neighborhoods where it is most cost effective to extend infrastructure and services. d. Recognize the important relationship between transportation and land use by requiring new neighborhoods to be designed in a manner that contributes to the larger interconnected street pattern of the city and that provides for safe, efficient and orderly movement of vehicular, pedestrian, and bicycle traffic; and Whereas, there is a public need to improve American Legion Road for use as a modern arterial road; and Whereas, said improvements require off-site stormwater drainage onto the subject property; and Whereas, a drainage easement must be provided, at a location to be determined by the City Engineer; and Whereas, there is a public need to provide safe, efficient, and orderly movement of vehicular traffic; and Whereas, staff may impose traffic calming measurements such as traffic circles and/or narrower traffic lanes to reduce vehicular speeds and achieve safe, efficient, and orderly movement of vehicular traffic; and Whereas, there is a public need for interconnected trails to provide safe, efficient and orderly movement of pedestrian and bicycle traffic; and Whereas, the trail connection on the property's far west side must be built to the northern property line. The trail connection between Lots 23 and 24 must be made all the way to the existing trail on City property; and Whereas, Owners and Applicant have requested the rezoning of said property from Interim Development Single -Family Residential (ID -RS) zone to Neighborhood Public (P-1) for approximately 2.14 acres; to Low Density Multi -Family Residential (RM -12) for approximately 10.64 acres, and to Low Density Single -Family Residential (RS -5) for approximately 22.51 acres; and Whereas, this rezoning creates public needs for affordable housing, street connectivity, housing diversity and scale, the enhancement of American Legion Road, traffic calming, and connection to the City's trail network; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding satisfaction of these public needs through the provision of affordable housing, conformance with the attached concept plan to allow for development of Interconnected streets and trails and diverse housing types, provision of a drainage easement to allow for improvements to American Legion Road, the provision of traffic calming measures; and Whereas, Iowa Code §414.5 (2020) 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 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: 1. Summit Ridge, LLC and Allen Development, LLC are the collective legal title holders of the property legally described as: DESCRIPTION - REZONING PARCEL #1 (ID -RS TO P-1) A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence NOO°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet; Thence Northeasterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly, whose 133.92 foot chord bears N64°02'03"E; Thence 889027'12"E, 145.99 feet; Thence S00032'48"W, 359.01 feet, to a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89026'40"W, along said South Line, 265.91 feet, to the Point of Beginning. Said Rezoning Parcel #1 contains 2.14 Acres, and is subject to easements and restrictions of record. DESCRIPTION - REZONING PARCEL #2 (ID -RS TO RM -12) A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89026'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet, to the Point of Beginning; Thence continuing N00033'49"E, along said East Line, 210.61 feet, to the Northeast Corner of said Eastbrook Flats Addition, and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89026'59"E, along said South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01031'04"W, along the East Line of said Parcel 1, a distance of 230.90 feet; Thence S72019'56"E, 481.11 feet; Thence S00°48'17"E, 239.99 feet; Thence S89027'12"E, 165.05 feet; Thence S00048'17"E, 359.23 feet, to a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 738.21 feet; Thence N00°32'48"E, 359.01 feet; Thence N89°27'12"W, 145.99 feet; Thence Southwesterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly, whose 133.92 foot chord bears S64°02'03"W, to the Point of Beginning. Said Rezoning Parcel #2 contains 10.64 Acres, and is subject to easements and restrictions of record. DESCRIPTION - REZONING PARCEL #3 (ID -RS TO RS -5) A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89026'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01 *31'04"W, along the East Line of said Parcel 1, a distance of 230.90 feet, to the Point of Beginning; Thence continuing N01031'04"W, along said East Line, 525.20 feet; Thence N20010'51"E, along said East Line, 209.78 feet; Thence N50°29'32'E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89045'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the Records of the Johnson County Recorder's Office; Thence S00°50'20"E, along said West Line, and the West Line of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 165.48 feet; Thence N00048'17"W, 359.23 feet; Thence N89°27'12"W, 165.05 feet; Thence N00°4817"W, 239.99 feet; Thence N72°19'56"W, 481.11 feet, to the Point of Beginning. Said Rezoning Parcel #3 contains 22.51 Acres, and is subject to easements and restrictions of record. 2. Owners and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2020) 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. 3. 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 Code, as well as the following conditions: a. No building permit shall be issued for any portion of the subject property unless and until the property has been subdivided pursuant to Iowa City Code Chapter 15; and b. Any final plat shall generally conform to the attached concept plan, dated 02/26/2020, particularly with regard to the extension of Eastbrook Street to the north - south street, and the development of single-family, townhouse, and stacked -flat multi -family housing; and c. Final plat of the eastern portion of land shall include a drainage easement of a size and in a location to be determined in coordination with the City Engineer, which shall be dedicated to the City, in a form of agreement acceptable to the City Attorney; and d. Any final plat shall include traffic calming measures such as traffic circles and narrower lane widths, and must be incorporated to the satisfaction of City staff to address concerns related to speeding; and e. Owner shall install the trail connections described above and shown in the attached concept plan at such time as the public improvements are installed for any subdivision of the subject property and in accordance with any subdivider's agreement executed at the time a final plat is approved. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2020), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. 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. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. 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. 7. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 20_. City of Iowa City Summit Ridge LLC Bruce Teague, Mayor Attest: Kellie Fruehling, City Clerk 4.0 XL p ov d by: W City Attorney's Office 5 5 2020 City of Iowa City Acknowledgement: 5 By: Allen Develop nt LLC By: Allen Homes, c. M State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on I20_ 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 Sea]) Title (and Rank) d. Any final plat shall include traffic calming measures such as traffic circles and narrower lane widths, and must be incorporated to the satisfaction of City staff to address concerns related to speeding; and e. Owner shall install the trail connections described above and shown in the attached concept plan at such time as the public improvements are installed for any subdivision of the subject property and in accordance with any subdivider's agreement executed at the time a final plat is approved. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2020), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. 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. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. 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. 7. 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 j day of _ ttl ( , 20_. City of Iowa City Summit Ridge LLC // Bruce Te ue, Mayor By; Attest: AllenDevelopment LLC /= 0 - t -- Kellie Fruehling, C' Clerk By: Approved by: Allen Homes, Inc. City Attorney' Office By; City of logia City Acknowledgement: Summit Ridge LLC Acknowledgement: State of ow/ti County of �fi/ro„i This record was acknowledged before me on—MLX 1 2020 b �ei�e i�/l a -/t (Name(s) of individual(s) as r Cc Z, (type of authority, such as officer or trustee) of Summit Ridge LLC. -7v-1ty Notary Public in and fo he Slifite of Iowa (Stamp or Seal) Title (and Rank) APP 4='March 5696 EraxMy commission expires: 2Q Allen Development LLC Acknowledgement: State of SN'4 County of Sy/lffJsit/ This record was acknowledged before me on 1+1& if 2020 b �iJr` /.+/la• (Name(s) of individual(s)as e�r'l 4.1 2.. .� (type of authority, such as officer or trustee) of Allen Development, LLC. -✓ic-" Notary Public in and for St of Iowa (Stamp or Seal) ZZOZ 'e I tagdx3 uoistnuuro� ,(n Title (and Rank) 96%181°4"rW ddVA M I m My commission expires: Allen Homes, Inc. Acknowledgement: State of I County of .ToJ�.tfM! This record was acknowledged before me onAlow i / 2020 by (Name(s) of individuals as v#f lam/ IVAj ivXe. - (type of authority, such as officer or trustee) of Allen Homes, Inc.— Notary Public in nd or them of Iowa (Stamp or Seal) JOHN W YAFP aMls Nwrber 5 15r a'uC Title (and Rank) y COMffft Expires m8rch & 2022 My commission expires: U �, � � � I ��:e�����i 033 �1 10.0 -- Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (R%19-13) \beeen ditional Zoning Agreement This agreement is madthe City of Iowa City, Iowa, a municipal cor ration (hereinafter "City"), Summit Ridge, Allen Development, LLC (hereinafter colt tively referred to as "Owners"), and Allen Hc. (hereinafter "Applicant"). Whereas, Owners are th collective legal title holders of ap oximately 35.29 acres of property located at the northeast c ner of Eastbrook Street and A rican Legion Road; and Whereas, prior to annexation, wners executed /din ble Housing Pre -Annexation Agreement; and Whereas, said Pre -Annexation A eement, recook 6021, Page 535, in the records of the Johnson County Recorder, r uires Owner L rent or sell 10% of the total units ckr income -eligible families for a period of 20 years for each such affordable unit, to be administered 14-213-8, or a similar state or federal housing pr( 6 on the above-described real estate to date certificates of occupancy are issued trdance with Iowa City Code of Ordinance or ii. convey 10% of the total units to the ity r an affordable housing provider for such affordable housing purposes; or iii. the payment of a fee -in -lieu there f to the City' affordable housing fund, in an amount established by Resolution 18-213, appro ed on July 17, 018, or, if said resolution has been rescinded at the time Owners apply for building permit, s otherwise established by Council resolution: and Whereas, by operation of this/Pre-Annexation Owner sh II execute an affordable housing agreement detailing compliance wit those obligations prior to isikiance of any building permit for the subject property; and Whereas, the Pre -Anne tion Agreement remains in full for\the effect, unchanged by this rezoning; and Whereas, to ensure at the following policy goals from the censive plan related to neighborhood connectivity and housing scale are accomplishedubject property shall generally conform to the tached concept plan; a. Ensure a Ix of housing types within each neighborhood, to provide options for household of all types (singles, families, retirees, etc.) and people f all incomes. b. Encourage development on smaller lots that conserve land and laIlow for more afforda)51e single-family housing options. c. Conentrate new development in areas contiguous to existing neighborhoods where it i most cost effective to extend infrastructure and services. 1 d. Rcognize the important relationship between transportation and land use by requiring ne neighborhoods to be designed in a manner that contributes to the larger inte connected street pattern of the city and that provides for safe, efficient and orderly mov ent of vehicular, pedestrian, and bicycle traffic; and Whereas, t re is a public need to improve American Legion Road for use as a modern arterial road: and Whereas, said property; and Whereas, a City Engineer; and Whereas, there is a vehicular traffic; and require off-site stormwater drainage onto the subject must be provided, at a need to provide safe, to be determined by the and orderly movement of Whereas, staff may impose tr is calming me urements such as traffic circles and/or narrower traffic lanes to reduce vehilar speeds and achieve safe, efficient, and orderly movement of vehicular traffic; and Whereas, there is a public need for ' rconnected trails to provide safe, efficient and orderly movement of pedestrian and bicycle ic; and Whereas, the trail connection on t e prope y's far west side must be built to the northern property line. The trail connection be een Lots and 24 must be made all the way to the existing trail on City propert/Apcarnt Whereas, Owners ahave requested a rezoning of said property from Interim Development Single-Famitial (ID -RS) zone to Neighborhood Public (P-1) for approximately 2.14 acres; nsity Multi -Family R idential (RM -12) for approximately 10.64 acres, and to Low Dee -Family Residential (R -5) for approximately 22.51 acres; and Whereas, this re oning creates public needs for affordabl housing, street connectivity, housing diversity and Gale, the enhancement of American Legio Road, traffic calming, and connection to the Cit s trail network; and Whereas, a Planning and Zoning Commission has determine that, with reasonable conditions regar ing satisfaction of these public needs through the pr vision of affordable housing, confor ance with the attached concept plan to allow for developme t of interconnected streets and tr ils and diverse housing types, provision of a drainage easeTent to allow for improvemen to American Legion Road, the provision of traffic calming measu s; and W ereas, Iowa Code §414.5 (2020) provides that the City of Iowa Cityay impose reasona le conditions on granting a rezoning request, over and above existing re lotions, in order satisfy public needs caused by the requested change; and Whereas, the Owners and Applicant agree to develop this property in accordance terms and conditions of this Conditional Zoning Agreement. 2 Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: Summit Ridge, LLC and Allen Development, LLC are the collect iv legal title holders of 'the property legally described as: DESCRIP\AS ZONING PARCEL #1 (ID -RS TO P-1) A PORTIE NORTHWEST QUARTER OF SECTIO 18, TOWNSHIP 79 NORTH, RANGE OF THE FIFTH PRINCIPAL MERIDIA JOHNSON COUNTY, IOWA, DESCRIBLLOWS: Commencing at thestQuarter Corner of Section 18/,Township 79 North, Range 5 West, of the Fifth Principal Meridi ,Johnson County, Iowa; The ce S89°26'40"E, along the South Line of the Northwest Quarter of s 'd Section 18, a distanc of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in cordance with the P t thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johns County Record is Office, and the Point of Beginning; Thence N00°33'49"E, along the East L e of said EAstbrook Flats Addition 299.19 feet; Thence Northeasterly, 138.82 feet, along a whose 133.92 foot chord bears N S00°32'48"W, 359.01 feet, to a Point 18; Thence N89°26'40"W, along said Rezoning Parcel #1 contains 2.14 Acres, and is subject to easeme) arc of a 50.00 foot radius curve, concave Southeasterly, 4002' 3"E; Thence S89°27'12"E, 145.99 feet; Thence oft South Line of the Northwest Quarter of said Section ;At h Line, 265.91 feet, to the Point of Beginning. Said and Testrictions of record. DESCRIPTION - REZONINX CEL #2 (ID -R TO RM -12) A PORTION OF THE NOST QUARTER SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF TTH PRINCIPAL RIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOW Commencing at the We Quarter Corner of Section 18, wnship 79 North, Range 5 West, of the Fifth Principal Merid' n, Johnson County, Iowa; Thence 9°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461. feet, to the Southeast Corner of Eastbrook Flats Add' ion, in accordance with the Plat thereof R corded in Plat Book 58 at Page 20 of the Records o the Johnson County Recorder's Office; Then a N00°33'49"E, along the East Line of said Eastb ook Flats Addition, 299.19 feet, to the Point of eginning; Thence continuing N00°33'49"E, alo g said East Line, 210.61 feet, to the Northeast Co ner of said Eastbrook Flats Addition, and a oint on the South Line of Parcel 1 of "Ralston Creek uth Property Acquisition", in accordance ith the Plat thereof Recorded in Plat Book 19, at Page\an he Records of the Johnson Co ty Recorder's Office; Thence S89°26'59"E, along said Se, 373.32 feet, to the Southa t Corner the Thence N01°31'04"W, along the East said Parcel 1, a distance o 230.90 feet; Thence S72°19'56"E, 481.11 feet; Thence 7"E, 239.99 feet; Thence S 9°27'12"E, 165.05 feet; Thence S00°48'17"E, 359.23 feet, toon the SouthLine ofthe N hwest Quarter of said Section 18; Thence N89°26'40"W, alonuth Line, 738.21 feet; ence N00°32'48"E, 359.01 feet; Thence N89°27'12"W9 feet; Thence South esterly, 138.82 feet, along an arc of a 150.00 foot radius curvve outheasterly, whose 133.92 foot chord bears S64°02'03"W, to the Point of Be. Sai Rezoning Parcel #2 contains 10.64 Acres, and is subject to easements and restrictions o ecord. DESCRIPTION - REZONING PARCEL #3 (ID -RS TO RS -5) A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RA,[gGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESC ED AS FOLLOWS: Commencin at the West Quarter Corner of Section 18, Township 79 Nort ,Range 5 West, of the Fifth Princ al Meridian, Johnson County, Iowa; Thence S89°26'40"E, a ng the South Line of the Northwest arter of said Section 18, a distance of 461.91 feet, to a Southeast Corner of Eastbrook Flats A dition, in accordance with the Plat thereof Record in Plat Book 58 at Page 20 of the Records o he Johnson County Recorder's O/oe 00°33'49"E, along the East Line of said Eastbroo Flats Addition, 509.80 feet, tot Corner thereof, and a Point on the South Line of Pa el 1 of "Ralston Creek Soutquisition", in accordance with the Plat thereof Recorde in Plat Book 19, at Page cords of the Johnson County Recorder's Office; Thence 89°26'59"E, along said 373.32 feet, to the Southeast Corner thereof; Thence N01°'04"W, along the EastParcel 1, a distance of 230.90 feet, to the Point of Beginning; Thence cor feet; Thence N20°10'51"E, alon aid East East Line, 690.91 feet, to the Nort east Co. Point on the West Line of Windso West Recorded in Plat Book 58, at Page 23 of t Thence S00°50'20"E, along said West e accordance with the Plat thereof Rec d Johnson County Recorder's Office, 1 10.7 - Part One, and a Point on the So Line c N89°26'40"W, along said South me, 165.' N89°27'12"W, 165.05 feet; The a N00°48'1 to the Point of Beginning. S d Rezoning easements and restrictions record. tinuing 01°31'04"W, along said East Line, 525.20 Line 09.78 feet; Thence N50°29'32"E, along said ne hereof; Thence N89°45'05"E, 177.85 feet, to a - art Three, in accordance with the Plat thereof Records of the Johnson County Recorder's Office; and the West Line of Windsor West - Part One, in in Plat Book 50 at Page 266 of the Records of the feet, to the Southwest Corner of said Windsor West he Northwest Quarter of said Section 18; Thence 8 eet; Thence N00°48'17"W, 359.23 feet; Thence 7' 239.99 feet; Thence N72°19'56"W, 481.11 feet, narce #3 contains 22.51 Acres, and is subject to 2. Owners and App A ant acknowledge that the (ky wishes to ensure conformance to the principles of the/Comprehensive Plan. Further, Ne parties acknowledge that Iowa Code §414.5 (2020) rovides that the City of Iowa City ay impose reasonable conditions on granting a re oning request, over and above the a fisting regulations, in order to satisfy public needg caused by the requested change. 3.In consi ration of the City's rezoning the subject prop rty, Owners and Applicant agree that de elopment of the subject property will conform all other requirements of the Zo/inCode, as well as the following conditions: a.building permit shall be issued for any portion of the subjectproperty unless and the property has been subdivided pursuant to Iowa 'ty Code Chapter 15; and Any final plat shall generally conform to the attached conceXt dated particularly with regard to the extension of Eastbrook Street to the no south street, and the development of single-family, townhouse, and stacked -flat mu i -family housing; and c. Final plat of the eastern portion of land shall include a drainage\easement of a size and in a location to be determined in coordination with the City E neer, which shall be dedicated to the City, in a form of agreement acceptable to the Oty Attorney; and IH d. Any final plat shall include, traffic calming measures, such as traffic circles and narrower lane widths, must be incorporated to the satisfaction of City staff to address concerns related to speeding; and e. caner shall install the trail connections described above and shown in the attached co apt plan at such time as the public improvements are intailed for any subdivision of th subject property and in accordance with any subdiv' er's agreement executed at the e a final plat is approved. 4. The condition contained herein are reasonable con ' ons to impose on the land under Iowa Code §4 .5 (2020), and that said conditions atisfy public needs that are caused by the requeste oning change. 5. This Conditional Z Hing Agreement shall b deemed to be a covenant running with the land and with title to the land, and shall re ain in full force and effect as a covenant with title to the land, unle s or until release of record by the City of Iowa City. The parties further acknowledge hat this agre ant shall inure to the benefit of and bind all successors, represent tives, and a igns of the parties. In the event the subject property is transferred, sold, re veloped or subdivided, all to will conform with the terms of this Conditional oninq greement. 6. Nothing in this Conditional,Zylning Agreement shall be construed to relieve the Owners or Applicant from complying Vth all other applicable local, state, and federal regulations. 7. This Conditional Zonin Ag ement shall be incorporated by reference into the ordinance rezoning the subject rope , and that upon adoption and publication of the ordinance, this agreement sh I be re orded in the Johnson County Recorder's Office at the Applicant's expen Dated this d of 20_. City of Iowa Cit Summit Ridge LLC Bruce Teagu , Mayor By: Attest: Allen Developme LLC KellieLuehli..n,, City Clerk By: A 4 J Allen Hom s, Inc. City Attorney's Office J (Sara Greenwood Hektoen — 04/30/2020) City of Iowa City Acknowledgement: State of Iowa morton d. Any final plat shall include, traffic calming measures, such as traffi circles and narrower lane widths, must be incorporated to the satisfaction of City aff to address concerns related to speeding; and e. Owner shall install the trail connections described above and s wn in the attached concept plan at such time as the public improvements re installed for any subdivision of the subject property and in accordance Rh any subdivider's greement executed at the time a final plat is approved. 4. The co itions contained herein are reasonable conditions impose on the land under Iowa Co §414.5 (2020), and that said conditions satisfy ublic needs that are caused by the requ ted zoning change. 5. This Conditions oning Agreement shall be deemed land and with title the land, and shall remain in full title to the land, unl s or until released of record b further acknowledge at this agreement shall in successors, representati s, and assigns of the pa i is transferred, sold, redev oped, or subdivided, II terms of this Conditional Zon g Agreement. 6. Nothing in this Conditional Zonir or Applicant from complying with 7. This Conditional Zoning Agreen ordinance rezoning the subject prc ordinance, this agreement shall be the Applicant's expense. Dat this _ day of City Iowa City Bruce Te ue, May r Attest: Kellie Fruehli g, City Clerk Approved y: City Aft may's Office City f Iowa City Acknowledge ent: d t be a covenant running with the f rce and effect as a covenant with the City of Iowa City. The parties re to the benefit of and bind all es. In the event the subject property development will confonn with the be construed to relieve the Owners local, state, and federal regulations. be incorporated by reference into the I that upon adoption and publication of the in the Johnson County Recorders Office at P Summtt idge LLC By. Allen Developrifent LLC nc. Allen Homes, I B Summit Ridge LLC Acknowledgement: State of eft' County of .T/"lnr This (type of was acknowledged before me onz f- 2 0 A17 an. (Name(s) of individual(s) as _ iority, such as officer or trustee) of Summit Ridge Notary state of Iowa (Stamp or ea ti e im Title (a Rank)'k' Ca .96 • MyMy mmission expires: Allen Development LLC Ac owledgeme t: State of f County o�o6W.t� This rec rd was acknowledged be me on �- a 2020 b �ed4 f1Ag (Na a s) of individual(s) as /7 e M V (type of authority, such as officer tru tee) of Allen Development, LLC. -7,o4 y Notary Public in and for the tate of Iowa tamp or Seal) Tit (and Rank) or"' :11"11M:N, YApp a C �mmmb, 615696 My mmission expires: bnau 2 Allen k"es, Inc. Acknowledgement: State of County of wJ Thi�[2cord was ac owledged before me on r 7 14 Vfe (Name(s) of individual(s) as _ (type of authority, such s officer or trustee) of Allen Homes, Notary Public in and f6r 4 State of Iowa (Stamp or Seal) Title (an�dR�) 4��aJOHNWY"Ccmmisston Numer815696�/ly co ssion expires. a , My Marccommission2022 res ►©.rL. Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ19-13) Ordinance No. Ordinance conditionally rezoning land near the intersection of Eastbrook Street and American Legion Road from Interim Development Single -Family (ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, to Low Density Multi -Family Residential (RM -12) for approximately 10.64 acres, and to Low Density Single -Family Residential (RS -5) for approximately 22.51 acres. (REZ19-13) Whereas, the applicant, Allen Homes, Inc., has requested a rezoning of property located at Eastbrook Street and American Legion Road from Interim Development Single -Family Residential (ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, to Low Density Multi -Family Residential (RM -12) for approximately 10.64 acres, and to Low Density Single -Family Residential (RS -5) for approximately 22.51 acres; and Whereas, the Iowa City Fire Department's Community Risk Assessment and Standards of Cover plan, indicate that a fifth fire station in the vicinity of the subject area is necessary to meet City response time goals; and Whereas, the Comprehensive Plan, specifically the Southeast District Plan, indicates that the subject area is appropriate for low/medium density and medium/high density single-family residential development; and Whereas, this rezoning creates public needs for affordable housing, street connectivity, housing diversity and scale, the enhancement of American Legion Road, traffic calming, and connection to the City's trail network; and Whereas, prior to annexation, Owners executed an Affordable Housing Pre -Annexation Agreement; and Whereas, by operation of this Pre -Annexation Agreement, Owner shall execute an affordable housing agreement detailing compliance with those obligations prior to issuance of any building permit for the subject property; and Whereas, the Pre -Annexation Agreement remains in full force and effect, unchanged by this rezoning; and Whereas, the Comprehensive Plan calls for increasing housing options within the Southeast District and encouraging a mix of housing types within new neighborhoods; and Whereas, to ensure that the following policy goals from the comprehensive plan related to neighborhood connectivity and housing scale are accomplished, the subject property shall generally conform to the attached concept plan; a. Ensure a mix of housing types within each neighborhood, to provide options for households of all types (singles, families, retirees, etc.) and people of all incomes. Ordinance No. Page 2 b. Encourage development on smaller lots that conserve land and allow for more affordable single-family housing options. C. Concentrate new development in areas contiguous to existing neighborhoods where it is most cost effective to extend infrastructure and services. d. Recognize the important relationship between transportation and land use by requiring new neighborhoods to be designed in a manner that contributes to the larger interconnected street pattern of the city and that provides for safe, efficient and orderly movement of vehicular, pedestrian, and bicycle traffic; and Whereas, there is a public need to improve American Legion Road for use as a modern arterial road, which must include off-site stormwater drainage onto the subject property; and Whereas, due to the long roadway, there is a public need to provide safe, efficient, and orderly movement of vehicular traffic with traffic calming measurements such as traffic circles and/or narrower traffic lanes to reduce vehicular speeds and achieve safe, efficient, and orderly movement of vehicular traffic; and Whereas, there is a public need for interconnected trails to provide safe, efficient and orderly movement of pedestrian and bicycle traffic; and Whereas, the trail connection on the property's far west side must be built to the northern property line. The trail connection between Lots 23 and 24 must be made all the way to the existing trail on City property; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding satisfaction of public needs through the provision of affordable housing, conformance with the attached concept plan to allow for development of interconnected streets and trails and diverse housing types, provision of a drainage easement to allow for improvements to American Legion Road, the provision of traffic calming measures, the requested zoning is consistent with the Comprehensive Plan; and Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Interim Development Single -Family Residential (ID -RS) zone to: P-1: A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet; Thence Ordinance No. Page 3 Northeasterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly, whose 133.92 foot chord bears N64002'03"E; Thence S89027'12"E, 145.99 feet; Thence Sob032'48"W, 359.01 feet, to a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 265.91 feet, to the Point of Beginning. Said parcel contains 2.14 Acres, and is subject to easements and restrictions of record. RM -12: A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet, to the Point of Beginning; Thence continuing N00°33'49"E, along said East Line, 210.61 feet, to the Northeast Corner of said Eastbrook Flats Addition, and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to the Southeast Comer thereof; Thence N01°31'04"W, along the East Line of said Parcel 1, a distance of 230.90 feet; Thence S72°19'56"E, 481.11 feet; Thence S00°48'17"E, 239.99 feet; Thence S89'27'1 2"E, 165.05 feet; Thence Soo°48'17"E, 359.23 feet, to a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 738.21 feet; Thence N00°32'48"E, 359.01 feet; Thence N89°27'12"W, 145.99 feet; Thence Southwesterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly, whose 133.92 foot chord bears S64°02'03"W, to the Point of Beginning. Said parcel contains 10.64 Acres, and is subject to easements and restrictions of record. RS -5: A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89026'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to the Southeast Comer thereof; Thence N01 °31'04"W, along the East Line of said Parcel 1, a distance of 230.90 feet, to the Point of Beginning; Thence continuing N01031'04"W, along said East Line, 525.20 feet; Thence N20°10'51"E, along said East Line, 209.78 feet; Thence N50029'32"E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the Records of the Johnson County Recorder's Office; Thence S00050'20"E, along said West Line, and the West Line of Windsor West - Part One, in Ordinance No. Page 4 accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 165.48 feet; Thence N00°48'17"W, 359.23 feet; Thence N89°27'12"W, 165.05 feet; Thence N00048'17"W, 239.99 feet; Thence N72019'56"W, 481.11 feet, to the Point of Beginning. Said parcel contains 22.51 Acres, and is subject to easements and restrictions of record. Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and 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 day of 20_. Mayor City Clerk A v d by. , 4.() �L City Attorney's Office (Sara Greenwood Hektoen — 04/30/2020) 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 05/05 Vote for passage: AYES: Bergus. NAYS: None. Second Consideration _ Vote for passage: Date published Bergus Mims Salih Taylor Teague Thomas Weiner -01001 that the Mims, Salih, Taylor, Teague, Thomas, Weiner, ABSENT: None. Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (RP219-13) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Summit Ridge, LLC and Allen Development, LLC (hereinafter collectively referred to as "Owners"), and Allen Homes, Inc. (hereinafter "Applicant"). Whereas, Owners are the collective legal title holders of approximately 35.29 acres of property located at the northeast corner of Eastbrook Street and American Legion Road; and Whereas, prior to annexation, Owners executed an Affordable Housing Pre -Annexation Agreement; and Whereas, said Pre -Annexation Agreement, recorded in Book 6021, Page 535, in the records of the Johnson County Recorder, requires Owner to: I. rent or sell 10% of the total units constructed on the above-described real estate to income -eligible families for a period of 20 years from the date certificates of occupancy are issued for each such affordable unit, to be administered in accordance with Iowa City Code of Ordinance 14-2G-8, or a similar state or federal housing program; or ii. convey 10% of the total units to the City or an affordable housing provider for such affordable housing purposes; or iii. the payment of a fee -in -lieu thereof to the City's affordable housing fund, in an amount established by Resolution 18-213, approved on July 17, 2018, or, if said resolution has been rescinded at the time Owners apply for a building permit, as otherwise established by Council resolution; and Whereas, by operation of this Pre -Annexation Owner shall execute an affordable housing agreement detailing compliance with those obligations prior to issuance of any building permit for the subject property; and Whereas, the Pre -Annexation Agreement remains in full force and effect, unchanged by this rezoning; and Whereas, to ensure that the following policy goals from the comprehensive plan related to neighborhood connectivity and housing scale are accomplished, the subject property shall generally conform to the attached concept plan; a. Ensure a mix of housing types within each neighborhood, to provide options for households of all types (singles, families, retirees, etc.) and people of all incomes. b. Encourage development on smaller lots that conserve land and allow for more affordable single-family housing options. c. Concentrate new development In areas contiguous to existing neighborhoods where it is most cost effective to extend infrastructure and services. d. Recognize the important relationship between transportation and land use by requiring new neighborhoods to be designed in a manner that contributes to the larger interconnected street pattern of the city and that provides for safe, efficient and orderly movement of vehicular, pedestrian, and bicycle traffic; and Whereas, there is a public need to improve American Legion Road for use as a modern arterial road; and Whereas, said improvements require off-site stormwater drainage onto the subject property; and Whereas, a drainage easement must be provided, at a location to be determined by the City Engineer; and Whereas, there is a public need to provide safe, efficient, and orderly movement of vehicular traffic; and Whereas, staff may impose traffic calming measurements such as traffic circles and/or narrower traffic lanes to reduce vehicular speeds and achieve safe, efficient, and orderly movement of vehicular traffic; and Whereas, there is a public need for interconnected trails to provide safe, efficient and orderly movement of pedestrian and bicycle traffic; and Whereas, the trail connection on the property's far west side must be built to the northern property line. The trail connection between Lots 23 and 24 must be made all the way to the existing trail on City property; and Whereas, Owners and Applicant have requested the rezoning of said property from Interim Development Single -Family Residential (ID-RS) zone to Neighborhood Public (P-1) for approximately 2.14 acres; to Low Density Multi-Family Residential (RM-12) for approximately 10.64 acres, and to Low Density Single -Family Residential (RS-5) for approximately 22.51 acres; and Whereas, this rezoning creates public needs for affordable housing, street connectivity, housing diversity and scale, the enhancement of American Legion Road, traffic calming, and connection to the City's trail network; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding satisfaction of these public needs through the provision of affordable housing, conformance with the attached concept plan to allow for development of interconnected streets and trails and diverse housing types, provision of a drainage easement to allow for improvements to American Legion Road, the provision of traffic calming measures; and Whereas, Iowa Code §414.5 (2020) 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 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 2 follows: Summit Ridge, LLC and Allen Development, LLC are the collective legal title holders of the property legally described as: DESCRIPTION - REZONING PARCEL #1 (ID -RS TO P-1) A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89`26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N00033'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet; Thence Northeasterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly, whose 133.92 foot chord bears N64°02'03"E; Thence 389027'12"E, 145.99 feet; Thence S00°32'48"W, 359.01 feet, to a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 265.91 feet, to the Point of Beginning. Said Rezoning Parcel#1 contains 2.14 Acres, and is subject to easements and restrictions of record. DESCRIPTION - REZONING PARCEL #2 (ID -RS TO RM -12) A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89026'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office; Thence N00033'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet, to the Point of Beginning; Thence continuing N00033'49"E, along said East Line, 210.61 feet, to the Northeast Corner of said Eastbrook Flats Addition, and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89026'59"E, along said South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01 031'04"W, along the East Line of said Parcel 1, a distance of 230.90 feet; Thence S72019'56"E, 481.11 feet; Thence S00°48'17"E, 239.99 feet; Thence S89027'12"E, 165.05 feet; Thence S00048'17"E, 359.23 feet, to a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 738.21 feet; Thence N00°3248"E, 359.01 feet; Thence NB9°27'12"W, 145.99 feet; Thence Southwesterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly, whose 133.92 foot chord bears S64002'03"W, to the Point of Beginning. Said Rezoning Parcel #2 contains 10,64 Acres, and is subject to easements and restrictions of record. DESCRIPTION - REZONING PARCEL #3 (ID -RS TO RS -5) A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's Office; Thence N00"3349"E, along the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89026'59"E, along said South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01031'04"W, along the East Line of said Parcel 1, a distance of 230.90 feet, to the Point of Beginning; Thence continuing N01031'04"W, along said East Line, 525.20 feet; Thence N20"10'51"E, along said East Line, 209.78 feet; Thence N50°29'32"E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in accordance with the Plat thereof Recorded In Plat Book 58, at Page 235 of the Records of the Johnson County Recorder's Office; Thence S00°50'20"E, along said West Line, and the West Line of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 165.48 feet; Thence N00048'17"W, 359.23 feet; Thence N89027'12"W, 165.05 feet; Thence N00°4817"W, 239.99 feet; Thence N72019'56"W, 481.11 feet, to the Point of Beginning. Said Rezoning Parcel #3 contains 22.51 Acres, and is subject to easements and restrictions of record. 2. Owners and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2020) 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. 3. 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 Code, as well as the following conditions: a. No building permit shall be issued for any portion of the subject property unless and until the property has been subdivided pursuant to Iowa City Code Chapter 15; and b. Any final plat shall generally conform to the attached concept plan, dated 02/2612020, particularly with regard to the extension of Eastbrook Street to the north - south street, and the development of single-family, townhouse, and stacked -flat multi -family housing; and c. Final plat of the eastern portion of land shall include a drainage easement of a size and in a location to be determined in coordination with the City Engineer, which shall be dedicated to the City, in a form of agreement acceptable to the City Attorney; and d. Any final plat shall include traffic calming measures such as traffic circles and narrower lane widths, and must be incorporated to the satisfaction of City staff to address concerns related to speeding; and Owner shall install the trail connections described above and shown in the attached concept plan at such time as the public improvements are installed for any subdivision of the subject property and in accordance with any subdivider's agreement executed at the time a final plat is approved. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2020), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. 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. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. 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. 7. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of City of Iowa City Bruce Teague, Mayor Attest: Kellie Fruehling, City Clerk City Attorney's Offices g Zo2-o City of Iowa City Acknowledgement: 5 20_ Summit Ridge LLC By: Allen Develop nt LLC By: Allen Homes, c. By: State of Iowa ss: Johnson County This instrument was acknowledged 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 Sea[) Title (and Rank) Cl d. Any final plat shall include traffic calming measures such as traffic circles and narrower lane widths, and must be incorporated to the satisfaction of City staff to address concerns related to speeding, and e. Owner shall install the trail connections described above and shown in the attached concept plan at such time as the public improvements are installed for any subdivision of the subject property and in accordance with any subdivider's agreement executed at the time a final plat is approved. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2020), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. 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. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. 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. 7. 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 j j day of %17 20_ City of Iowa City Summit Ridge LLC Bruce Te nue, Mayor By: Attest: Allen Development LLC Kellie Fruehling, C' Clerk By: Approved by: Allen Homes, Inc. 4�-- � - /,__� City Attomey' Office By: City of loyfa City Acknowledgement: Summit Ridge LLC Acknowledgement: State of .i jpOk County of{w, This record was acknowledged before me on M q 1 , 2020 b �P�J� �// a -/l (Name(s) of individual(s) as r' C'V �/y 2 (type of authority, such as officer or trustee) of Summit Ridge LLC. --7y� Notary Public in and forbilhe 5t6te of Iowa (Stamp or Seal) Title (and Rank) ION" W yApP i Commission Number 815696 My Commission Expires My commission expires: March 8, 2022 Allen Development LLC Acknowledgement: State of County of zr--e lJo/✓ This record was acknowledged before me on rVU 1 f 2020 by Si/✓e- /j//e - (Name(s) of individual(s) as (type of authority, such as officer or trustee) of Allen Development, LLC. -7.4 X -,7- Notary Public in and for M SIM of Iowa (Stamp or Seal) zzoz 'e t10 4 +r Sen,dx3 uoissiwwo� ,(W Title (and Rank) 969518 JagwrW uoissiw=z) p ddVA M Mr My commission expires: Allen Homes, Inc. Acknowledgement: State oft County of This record was acknowledged before me on2020 by 1,4-11A (Name(s) of individual( as (type of authority, such as officer or trustee) of Allen Homes, Inc. Notary Public iand or thdSt�ate of Iowa (Stamp or Seal) .�"'Z. oxe w re.r , $ c cnxwMr81 Title (and Rank) My comCOMMIS"Ex oes' ee March 8, 2022 My commission expires: Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (RO19-13) \beeen ditional Zoning Agreement This agreement is madthe City of Iowa City, Iowa, a municipal cor ration (hereinafter "City"), Summit Ridge, Allen Development, LLC (hereinafter toll tively referred to as "Owners"), and Allen Hc. (hereinafter "Applicant"). Whereas, Owners are th collective legal title holders of ap oximately 35.29 acres of property located at the northeast c ner of Eastbrook Street and A rican Legion Road; and Whereas, prior to annexation, wners executed /.din ble Housing Pre -Annexation Agreement; and Whereas, said Pre -Annexation A eement, recook 6021, Page 535, in the records of the Johnson County Recorder, r uires Owner i. rent or sell 10% of the total units cr income -eligible families for a period of 20 years for each such affordable unit, to be administered 14-2G-8, or a similar state or federal housing pr( ,d on the above-described real estate to date certificates of occupancy are issued Irdance with Iowa City Code of Ordinance or ii. convey 10% of the total units to the ity r an affordable housing provider for such affordable housing purposes; or iii. the payment of a fee -in -lieu there f to the City' affordable housing fund, in an amount established by Resolution 18-213, appro ed on July 17, 018, or, if said resolution has been rescinded at the time Owners apply for building permit, s otherwise established by Council resolution; and Whereas, by operation of this/Pre-Annexation Owner sh II execute an affordable housing agreement detailing compliance wit those obligations prior to is ance of any building permit for the subject property; and Whereas, the Pre -Anne ation Agreement remains in full for and effect, unchanged by this rezoning; and Whereas, to ensure at the following policy goals from the comp ehensive plan related to neighborhood connectivity and housing scale are accomplished, the subject property shall generally conform to the tached concept plan; a. Ensure a rox of housing types within each neighborhood, to provide options for household%of all types (singles, families, retirees, etc.) and people f all incomes. b. Encoure development on smaller lots that conserve land and Ilow for more afforda le single-family housing options. entrate new development in areas contiguous to existing neighborhoods where c. Conq' it is/most cost effective to extend infrastructure and services. 1 d. R cognize the important relationship between transportation and land use by requiring ne neighborhoods to be designed in a manner that contributes to the larger inte connected street pattern of the city and that provides for safe, efficient and orderly mov ent of vehicular, pedestrian, and bicycle traffic; and Whereas, t re is a public need to improve American Legion Road for use as a modern arterial road; and Whereas, said provemei property; and Whereas, a drainage asen City Engineer; and Whereas, there is a pub vehicular traffic; and Whereas, staff may impose narrower traffic lanes to reduce movement of vehicular traffic; and require off-site stormwater drainage onto the subject must be provided, at a need to provide safe, calming Whereas, there is a public need for` 6rconn( orderly movement of pedestrian and bicycle ic; and to be determined by the and orderly movement of ements such as traffic circles and/or achieve safe, efficient, and orderly trails to provide safe, efficient and Whereas, the trail connection on a prope y's far west side must be built to the northern property line. The trail connection be een Lots and 24 must be made all the way to the existing trail on City propert/tySingle-Fami]yResidentiial(R Whereas, Owners at have requested a rezoning of said property from Interim Development Single-Famitial (ID -RS) zone to Neighborhood Public (P-1) for approximately 2.14 acres; nsity Multi -Family R idential (RM -12) for approximately 10.64 acres, and to Low DeR -5) for approximately 22.51 acres; and Whereas, this re omng creates public needs for affordabl housing, street connectivity, housing diversity and dcale, the enhancement of American Legio Road, traffic calming, and connection to the Cit7s trail network; and Whereas, a Planning and Zoning Commission has determine that, with reasonable conditions regar ing satisfaction of these public needs through the pr vision of affordable housing, con/"t1o"AmeriGan ance with the attached concept plan to allow for developme t of interconnected streets and and diverse housing types, provision of a drainage ease ent to allow for provemenimLegion Road, the provision of traffic calming measu s; and /fllae'e reas,Iowa Code §414.5 (2020) provides that the City of Iowa Cityay impose reasoconditionson granting a rezoning request, over and above existing re lotions, in orderisfy public needs caused by the requested change; and Whereas, the Owners and Applicant agree to develop this property in accordance witl the terms and conditions of this Conditional Zoning Agreement. 2 Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: Summit Ridge, LLC and Allen Development, LLC are the collect legal title holders of 'the property legally described as: - REZONING PARCEL #1 (ID -RS TO P-1) A PORTION F THE NORTHWEST QUARTER OF SECTIO 18, TOWNSHIP 79 NORTH, RANGE 5 WE T, OF THE FIFTH PRINCIPAL MERIDIAY JOHNSON COUNTY, IOWA, DESCRIBED AS LLOWS: Commencing at thest Quarter Corner of Section 18/,Township 79 North, Range 5 West, of the Fifth Principal Meridi ,Johnson County, Iowa; The ce S89026'40"E, along the South Line of the Northwest Quarter of s 'd Section 18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats Addition, in cordance with the P t thereof Recorded in Plat Book 58 at Page 20 of the Records of the Johns County Record is Office, and the Point of Beginning; Thence N00°33'49"E, along the East L e of said EAstbrook Flats Addition 299.19 feet Thence Northeasterly, 138.82 feet, along a arc of whose 133.92 foot chord bears N 4°02' S00°32'48"W, 359.01 feet, to a Point ONO 18; Thence N89°26'40"W, along said S t Rezoning Parcel #1 contains 2.14 Acres, and is subject to easeme is and a 50.00 foot radius curve, concave Southeasterly, 3"E; Thence S89°27'12"E, 145.99 feet; Thence South Line of the Northwest Quarter of said Section h Line, 265.91 feet, to the Point of Beginning. Said of record. DESCRIPTION - REZONING PA CEL 4 2 (ID -R TO RM -12) A PORTION OF THE NORT EST QUARTER SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF TH FIFTH PRINCIPAL RIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOW Commencing at the We Quarter Corner of Section 18, wnship 79 North, Range 5 West, of the Fifth Principal Merid' n, Johnson County, Iowa; Thence 9°26'40"E, along the South Line of the Northwest Quarter of said Section 18, a distance of 46, feet, to the Southeast Corner of Eastbrook Flats Add' ion, in accordance with the Plat thereof R corded in Piat Book 58 at Page 20 of the Records o the Johnson County Recorder's Office; Then a N00°33'49"E, along the East Line of said Eastb ook Flats Addition, 299.19 feet, to the Point of eginning; Thence continuing N00°33'49"E, al g said East Line, 210.61 feet, to the Northeast Co ner of said Eastbrook Flats Addition, and a oint on the South Line of Parcel 1 of "Ralston Creek uth Property Acquisition", in accordance it the Plat thereof Recorded in Plat Book 19, at Page 4 of the Records of the Johnson Co ty Recorder's Office; Thence S89°26'59"E, along said So th Line, 373.32 feet, to the Sou t Corner thereof; Thence N01°31'04"W, along the East Li of said Parcel 1, a distance of 230.90 feet; Thence S72°19'56"E, 481.11 feet; Thence S00° '17"E, 239.99 feet; Thence S 9°27'12"E, 165.05 feet; Thence S00°48'17"E, 359.23 feet, to a Poi on the South Line of the N hwest Quarter of said Section 18; Thence N89°26'40"W, along said uth Line, 738.21 feet; ence N00°32'48"E, 359.01 feet; Thence N89°27'12"W, 145.99 fee; Thence South esterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave\ou�iheasterly, whose 133.92 foot chord bears S64°02'03"W, to the Point of Beginning. Sezoning Parcel #2 contains 10.64 Acres, and is subject to easements and restrictioecord. 3 DESCRIPTION - REZONING PARCEL #3 (ID -RS TO RS -5) A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RAN'SiE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRiBED AS FOLLOWS: Corn encin at the West Quarter Corner of Section 18, Township 79 Nort ,Range 5 West, of the Fifth Princ al Meridian, Johnson County, Iowa; Thence S89°26'40"E, al, ng the South Line of the Northwest arter of said Section 18, a distance of 461.91 feet, to a Southeast Corner of Eastbrook Flats A dition, in accordance with the Plat thereof Record in Plat Book 58 at Page 20 of the Records o he Johnson County Recorder's Office; Thenc 00°33'49"E, along the East Line of said Eastbroo Flats Addition, 509.80 feet, to the North st Corner thereof, and a Point on the South Line of Pa el 1 of "Ralston Creek South Prope Acquisition", in accordance with the Plat thereof Recorde in Plat Book 19, at Page 84 of a Records of the Johnson County Recorder's Office; Thence 89°26'59"E, along said So Line, 373.32 feet, to the Southeast Corner thereof; Thence N01 ° 1'04"W, along the East ne of said Parcel 1, a distance of 230.90 feet, to the Point of Beginning; Thence cor feet; Thence N20°10'51"E, along aid East East Line, 690.91 feet, to the Nort ast Cc Point on the West Line of Windso West Recorded in Plat Book 58, a/N0 3 of t Thence S00°50'20"E, alongst e accordance with the Plat thc d Johnson County Recorder's1 10.7 - Part One, and a Point on Line c N89°26'40"W, along said Se, 165. N89°27'12"W, 165.05 feet; T00°48'1to the Point of Beginning. zoningeasements and restrictions. tinning 01 °31'04"W, along said East Line, 525.20 Line 09.78 feet; Thence N50029'32"E, along said ne hereof; Thence N89045'05"E, 177.85 feet, to a - art Three, in accordance with the Plat thereof Records of the Johnson County Recorder's Office; and the West Line of Windsor West - Part One, in in Plat Book 50 at Page 266 of the Records of the feet, to the Southwest Corner of said Windsor West he Northwest Quarter of said Section 18; Thence 8 eet; Thence N00°48'17"W, 359.23 feet; Thence 7' 239.99 feet; Thence N72'1 9'56'W, 481.11 feet, 3arcek#3 contains 22.51 Acres, and is subject to 2. Owners and App' ant acknowledge that the 'iy wishes to ensure conformance to the principles of the/Comprehensive Plan. Further, Ne parties acknowledge that Iowa Code §414.5 (2020) rovides that the City of Iowa City ay impose reasonable conditions on granting a re on request, over and above the a\istingregulations, inorder to satisfy public need caused by the requested change. 3. In consi ration of the City's rezoning the subject , Owners and Applicant agree that de elopment of the subject property will conall other requirements of the Zonin Code, as well as the following conditions: a.o building permit shall be issued for any portion of the subject property unless and until the property has been subdivided pursuant to Iowa qty Code Chapter 15; and Any final plat shall generally conform to the attached conce)lan, dated particularly with regard to the extension of Eastbrook Street to the no south street, and the development of single-family, townhouse, and stacked -flat mu i -family housing; and c. Final plat of the eastern portion of land shall include a drainage\easement of a size and in a location to be determined in coordination with the City E sneer, which shall be dedicated to the City, in a form of agreement acceptable to the Co Attorney; and [a Any final plat shall include, traffic calming measures, such as traffic circles and narrower lane widths, must be incorporated to the satisfaction of City staff to address concerns related to speeding; and of thb at the 4. The condit Iowa Code by the req shall install the trail connections described above and shown in the attached t plan at such time as the public improvements are installed for any subdivision subject property and in accordance with any subdivjder's agreement executed e a final plat is approved. ion contained herein are reasonable con 'ons to impose on the land under §4 .5 (2020), and that said conditions atisfy public needs that are caused ueste oning change. 5. This Conditional Z ning Agreement shall b deemed to be a covenant running with the land and with title to the land, and shall re ain in full force and effect as a covenant with title to the land, unle s or until release of record by the City of Iowa City. The parties further acknowledge hat this agreeAent shall inure to the benefit of and bind all successors, represent Ives, and a igns of the parties. In the event the subject property is transferred, sold, redpvelopedor subdivided, all development will conform with the terms of this Conditional oning greement. 6. Nothing in this ConditionakZyfning Agreement shall be construed to relieve the Owners or Applicant from complying Vth all other applicable local, state, and federal regulations. 7. This Conditional Zonin Ag ement shall be incorporated by reference into the ordinance rezoning the subject rope , and that upon adoption and publication of the ordinance, this agreement sh I be re orded in the Johnson County Recorder's Office at the Applicant's expen . Dated this d of 20_. City of Iowa Cit Summit Ridge LLC Bruce Teagu , Mayor By: Attest: Allen Developme LLC Kellie F uehling, City Clerk By: A vgd by: )A 1 / \ 1 ,1 Allen Homs, Inc. City Attorney's Office (Sara Greenwood Hektoen — 04/30/2020) City of Iowa City Acknowledgement: State of Iowa morton d. Any final plat shall include, traffic calming measures, such as trafficircles and narrower lane widths, must be incorporated to the satisfaction of City staff lr address concerns related to speeding, and e. Owner shall install the trail connections described above ands wn in the attached concept plan at such time as the public improvements re installed for any subdivision of the subject property and in accordance It any subdivider's greement executed at the time a final plat is approved. 4. The cc itions contained herein are reasonable conditions to impose on the land under Iowa Cc §414.5 (2020), and that said conditions satisfy public needs that are caused by the requ ted zoning change. This Conditions oning Agreement shall be deemed t be a covenant running with the land and with title the land, and shall remain in full f rce and effect as a covenant with title to the land, unl s or until released of record b the City of Iowa City. The parties further acknowledge at this agreement shall in re to the benefit of and bind all successors, representaU s, and assigns of the pa ies. In the event the subject property is transferred, sold, redev oped, or subdivided, development will conform with the terms of this Conditional Zon g Agreement. 6. Nothing in this Conditional Zoni Agreement hall be construed to relieve the Owners or Applicant from complying with a other app cable local, state, and federal regulations. 7. This Conditional Zoning Agreement sha be incorporated by reference into the ordinance rezoning the subject propert , a d that upon adoption and publication of the ordinance, this agreement shall be record din the Johnson County Recorder's Office at the Applicant's expense. Dat d this day of 20 City Iowa City Summit idge LLC t✓ Bruce Te ue, May r By, Attest: Allen Develop nt LLC Kellie Fruehli g, City Clerk By Approved y: Allen Homes, Inc. City Att rri Office City bf Iowa City Ack Summit Ridge LLC Acknowledgement: State of "x14 County of � This record was acknowledged before me on ✓ y" O 020 b _7• Ary an, (Name(s) of individual(s) as .., .� (type of a khority, such as officer or trustee) of Summit Ridge 1-17 Notary/Rank) and for ttie State of Iowa (Stamp Title (a CW42 wNumbx 816696 Bb Cm vW$Wn ExpIra My mmission expires: Maroh & 4024 Allen Development LLC Ac owledgeme t: State of 1.4 County OLLT� This rec rd was acknowledged befo me on yo` %- ° 2020 b -;'W+ AAf. (Na a s) of individual(s) as M l/ (type of authority, such as officer tru tee) of Allen Development, LLC. -7 A4 y Notary Public in and for the State of Iowa tamp or Seal) Tit (and Rank) .4A1 ioxN w Yep' Commission Number 816696 My mmission expires: m Cemmisfon0Expba Allen Homes, Inc. Acknowledgement: State of County of ThIWcord was ac owledged before me on 7 //e (Name(s) of individual(s) as Ip' (type of authority, such s officer or trustee) of Allen Homes, Inc. Notary Public in and f6rtfie State of Iowa (Stamp or Sea[) Title (and R ) =COZ1',,m1",nnNvr'r,'b APP Z 815696 Expiresfly co ISSIOn eXpires022 Item Number: 11. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT May 5, 2020 Ordinance Amending Title 3, Entitled "City Finances, Taxation And Fees," Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And Penalties," Section 3-4-5, Entitled "Solid Waste Disposal. (Second Consideration) Prepared By: Jacklyn Fleagle, Budget and Compliance Officer Reviewed By: Dennis Bockenstedt, Finance Director Fiscal Impact: Solid Waste Disposal rate adjustments for FY2021 amounting to an increase of approximately $170,000 per year in revenues for the Refuse fund and $330,000 per year in revenues for the Landfill fund. Recommendations: Staff: Approval AUTO ZYK-TriroXiMPT Attachments: Notice of Public Hearing Draft Fees and Rate Ordinance Executive Summary: The Finance Department requests the City Council hold a public hearing for April 21, 2020 to consider amending Title 3, Chapter 4 of the City Code. Title 3, Chapter 4 amendments include an increase in residential solid waste collection fees for curbside recycling fees by $.90 per dwelling unit per month, an increase in residential solid waste collection fees for all TVs or monitors to $21.50, an increase in landfill use fees for all TVs or monitors to $15.00 per item, an increase in landfill contaminated soil rates to $50 per ton, an increase in landfill use fees for solid waste disposal fees by $2.50 per ton, and an increase of landfill use fees for minimum fee in lieu of tonnage fees by $.50 in fiscal year 2021. Background /Analysis: Title 3, Chapter 4 of the City Code is the `Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties' Solid Waste Disposal Rate Adjustments In the fiscal year 2019, the Refuse Collection fund had an ending unassigned fund balance of $1,563,487. The revised projected fund balance for fiscal year 2020 is estimated to be $1,405,923, a 10.1% decrease. The City's curbside recycling program has seen an increase in the number of customers and a 30% increase in materials recycled by weight with the addition of larger recycling carts and the transition to single -stream recycling. Without the $.90 per unit per month rate increase from $5.10 per dwelling unit per month to $6.00 per dwelling unit per month, the fund balance would continue to decline. The majority of the other rate adjustments largely impact the Landfill fund. In fiscal year 2020, the Landfill fund had an ending unassigned fund balance of $2,509,229. The revised projected fund balance for fiscal year 2020 is estimated to be $1,679,658, a 33.1 % decrease. The City needs to increase electronics recycling rates for TVs and monitors to cover the per -item cost from the City's electronics recycling vendor. The electronics rate for residential solid waste collection fees is going from $18.50 per item for TVs or monitors less than 18 inches and $23.50 per item for TVs or monitors 18 inches or greater to $21.50 per item for all TVs or monitors. The electronics rate for landfill use fees is going from $12.00 per item for TVs or monitors less than 18 inches and $17.00 per item for TVs or monitors 18 inches or greater to $15.00 per item for all TVs or monitors. The contaminated soil rate needs to be increased from $15.00 per ton to $50.00 per ton to cover the costs of administrative work associated with receiving the material and the potential liability. Finally, the solid waste disposal fees for City residents is going from $42.50 to $45.00 per ton and for non -City residents from $47.50 to $50.00 per ton. The minimum fee in lieu of tonnage fees is going from $6.50 to $7.00 for City residents and from $7.00 to $7.50 for non -City residents. These landfill use fee increases are necessary to ensure the long-term ability to fund operations and financial assurance reserves. The Refuse Collection fund and the Landfill fund are enterprise or business -type funds that are expected to be self -funding. The primary solution is to review user rates to ensure that the funds are generating sufficient revenue to cover both their operating and capital expenses. By implementing the solid waste and landfill rate increases mentioned previously in fiscal year 2021, the anticipated declines in the funds' cash balances are greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. The proposed fee increases are expected to generate enough revenue to support the increase in operating costs and ensures that the Refuse Collection and Landfill funds remain self -funding enterprises. The expected increase in revenues for the Refuse Collection fund is approximately $170,000 a year, and the expected increase in revenues for the Landfill fund is approximately $330,000 a year. ATTACHMENTS: Description Ordinance Prepared by: Jacklyn Fleagle, Budget & Compliance Officer, 410 E. Washington Street, Iowa City, IA 52240;319- 356-5063 Ordinance No. Ordinance Amending Title 3, Entitled "City Finances, Taxation And Fees," Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And Penalties," Section 3-4-5, Entitled "Solid Waste Disposal" Whereas, pursuant to Chapter 384, Code of Iowa (2013), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's solid waste disposal services at the municipal landfill; and Whereas, the City's financial policies dictate that the Refuse and Landfill funds shall be self-supporting; and Whereas, the City's current solid waste disposal rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City Council intends to provide a solid waste disposal rate and fee structure that makes the City's refuse and landfill utilizes self-sustaining; and Whereas, it is in the public interest to increase certain fees and charges associated with said solid waste disposal services at the municipal landfill; and Whereas, the Iowa City City Council proposes to increase residential solid waste collection fees for curbside recycling by $.90 per dwelling unit, per month, to change residential solid waste collection fees for all TVs or monitors to $21.50, to change landfill use fees for all TVs or monitors to $15.00 per item, to increase contaminated soil to $50 per ton, to increase landfill use fees for solid waste disposal by $2.50 per ton, and to increase landfill use fees for minimum fee in lieu of tonnage fees by $.50 on July 1, 2020, to adequately finance the municipal landfill and refuse operational costs; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendment. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal,' of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-5: Solid Waste Disposal: Description Of Fee, Charge, Bond, Fine Or Penalty I Charge I Yard waste collection fees: r— Per dwelling unit, per month $2.00 r - Low income discount 75 percent of monthly charge r— Untreated wood waste Free Collection of large items fees: - r Appliance collection, per item collected $20.00 Ordinance No. Page 2 Description Of Fee, Charge, Bond, Fine Or Penalty I Charge IBulky solid waste $12.50 per stop and 1 item; $6.00 per additional items _J Tire collection $3.75 per tire; $7.50 tire and rim �— --- Residential solid waste collection fees: Curbside household refuse: 7-1 dwelling unit, per month $12.00 r Low income discount 75 percent of monthly charge Per sticker for each additional bag beyond each unit's $ 2.50 each monthly allotment —FAdditional refuse carts over 1, per month f 12.00 each r r Per 2 rooming units, per month (in addition to the 15.90 dwelling unit fees) Electronic waste Ns or monitors $21.5D per item �rCurbside recycling: r— FFer dwelling unit, per month $6.00 r— -- -- - — Low income discount 75 percent of monthly charge Iowa City community compost $20.00 per ton, $2.00 minimum Wood chip mulch $10.00 per ton, $2.00 minimum Deposit and delinquency fee combined for City water and/or sanitary sewer and/or solid waste collection accounts: Residential owner account, per combined residential service r0.00 for City water and/or sanitary sewer and/or solid waste collection service r— — Residential tenant account, per combined residential service — 120.00 for City water and/or sanitary sewer and/or solid waste collection service r- 5 percent delinquency charge on current billed portion of the 5 percent current billed portion. Can be outstanding amount on combined water and/or sanitary waived once every 12 months sewer and/or solid waste account that is not paid within 22 days of billing date Delinquency deposit for combined water and/or sanitary sewer An amount equal to an average 2 -month and/or solid waste collection service billing for the delinquent account. Can be waived if the account holder enrolls in SurePay i Special wastes disposal fees: �— r— Disposal of special wastes (except for asbestos containing 2 times the landfill use fees in this material and contaminated soils) section r-1 Minimum fee 2 times the landfill use fee for 1 ton Ordinance No. Page 3 Description Of Fee, Charge, Bond, Fine Or Penalty ( Charge Asbestos containing material (ACM): $100.00/ton r -- Nonfriable ACM, from Iowa City premises subject to a Property Tax and City owned property Nonfnable ACM, from other locations 105.00/tan Friable ACM, from Iowa City premises subject to a Property Tax and City owned property 100.00/cubic yard r— — Friable ACM, from other locations 105.00/cubic yard Minimum fee for any regulated ACM 100.00 F Contaminated soil: 50.00/ton 7 Minimum fee for contaminated soil 150.00 Disposal of large items fees (see also Collection of large items fees above): Fppliance disposal fees: Commercial per item disposed 1.00/cubic foot [Residential per item disposed $12.50 (at landfill scale house) — f -- — - - Tire disposal fee: F--- I -- ' r IPerpound ---- --- $ 0.15 ---- I ISubject to minimum fee 3.00 -� F— Untreated wood waste and yard waste: --- 24.00/ton 7— Minimum 2.00 j I — Landfill use fees: r Arriving at the landfill with an unsecured or uncovered load: First instance in trailing 12 months Waming Second or subsequent instances in trailing 12 months $50.00 Electronic waste $3.00 per item; TVs or monitors $15.O0 i item per r— Solid waste from Iowa City premises subject to a Property 1 Tax and City owned property: 'F-1 Total landfill fee per ton (includes State fee per ton) $45.00 All other solid waste: i [— Total landfill fee per ton (includes State fee per ton) 50.00 Minimum fee in lieu of tonnage fees (300 pounds or less): 17i Solid waste from Iowa City premises subject to a Property Tax and City owned 7.00 property Ordinance No. Page 4 Description Of Fee, Charge, Bond, Fine Or Penalty Charge FFAll other solid waste 7.50 Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect on July 1, 2020. Passed and approved this day of 20 Mayor jCity Clerk 1 4pved by City Attorneys Office — 4/14/2020 Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner First Consideration 04/21/2020 Voteforpassage: AYES: Thomas, Weiner, Bergus, Mims, Salih, Taylor, Teague. NAYS: None. ABSENT: None. Second Consideration 05/05/2020 Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Weiner, Bergus, Mims. NAYS: None. ABSENT: None. Date published that the Item Number: 12. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT May 5, 2020 Ordinance amending Title 17, entitled "Building and Housing," Chapter 5, entitled Housing Code," to delay the requirement for radon testing and mitigation in single-family and duplex rental units until July 1, 2021. (Second Consideration) Prepared By: Stan Laverman, Senior Housing Inspector Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Neighborhood & Development Services Director Fiscal Impact: No impact. Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: To reduce exposure and limit the spread of COVID19, staff recommends delaying the effective date of the radon testing and mitigation requirements until July 1, 2021. Background /Analysis: The radon requirements would result in at least two extra visits to a single family or duplex property by people not typically associated with the property. If radon mitigation was required it could result in visits by multiple contractors to bid the work and additional visits by radon mitigation installers for the actual installation. While staff strongly believes that radon testing and mitigation is important, requiring the radon testing and mitigation work to be done at this particular time is not advisable. Staff encourages property owners to use this time to schedule radon inspections, and mitigation, if necessary, when units maybe vacant. Testing completed throughout this year will be accepted to document compliance with the radon requirements that will go in effect on July 1, 2021. ATTACHMENTS: Description Ordinance Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-3565030 ORDINANCE NO. 20-4822 Ordinance amending Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," to delay the requirement for radon testing and mitigation in single-family and duplex rental units until July 1, 2021. Whereas, in Ordinance No. 19-4816, City Council adopted an ordinance that required single-family and duplex rental units to be tested for radon beginning July 1, 2020; and Whereas, due to COVID-19, the radon testing requirement should be deferred until July 1, 2021; and Whereas, it is in the City's best interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled, "Minimum Structure Standards for All Rental Housing," Subsection T, is amended by adding the following underlined text and deleting the following strike -through text: This provision applies to all applications for new rental permits filed on or after July 1, 2828 2021 and all renewals of rental permits that expire on or after July 1, 2020 2021. Section It. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 5 th day of_ MAy6r Attest: CityCk 2020 I' Ordinance No. 20-4822 Page 2 It was moved by Mims and seconded by Taylor that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x -\G_:I.MI" Bergus Mims Salih Taylor Teague Thomas Weiner First Consideration 04/21/2020 Vote for passage: AYES: Weiner, Bergus, Mims, Salih, Taylor, Teague, Thomas. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 05/14/2020 Moved by Mims, seconded by Weiner, 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, Teague, Thomas, Weiner, Bergus, Mims, Salih. NAYS: None. ABSENT: None.