Staff were asked why land at 3010/3020 Otis Road SE was “required to subdivide,” and land to be known as Kestrel Heights Addition “was allowed to simply replat.” We will clarify the platting process.
The final plat for DBW First Addition to Cedar Rapids, located at 3010/3020 Otis Road SE, was recorded on 5/29/20. Subsequently, a Plat of Survey No. 2485, part of Lot 2, DBW First Addition was recorded on 1/4/21. Prior to DBW First Addition, the land was un-platted.
Presumably, the property owner elected to subdivide so that lots could be sold to others and property lines established. Because the land was not previously platted and building permits were applied for, a final plat is required to complete the subdivision. A preliminary plat, which would go to the City Planning Commission, was not required because fewer than five lots were subdivided.
The land to be known as Kestrel Heights Addition is currently un-platted, described on the deed as “SE¼ of the NE¼ of Section 35-83-7, Linn County, Iowa; and NE¼ of the SE¼ of Section 35-83-7, Linn County, Iowa, except the East 32.5 feet of the South 264 feet thereof and further excepting the West 272 feet measured along the north line thereof of said NE¼ of the SE¼ and also excepting the East 33 feet of the North 396 feet of the South 660 feet of the NE¼ of the SE¼ of Section 35-83-7 and except all highways”.
We understand that five acres in the southeast corner of the property was not transferred to the developer, and a corrective deed is forthcoming. The land purchased by the developer is not ready for further subdivision of lots, building permits or infrastructure. Thus, the five-acre split by deed was appropriate to transact the real estate, and because the land is not platted, this is not considered a replat. Land owned by the developer went through the preliminary plat process and required a hearing at the City Planning Commission because more than five lots are proposed. Final platting of Kestrel Heights will be required prior to any building permits, same as DBW First Addition.
Future Land Use Amendment and
We were asked why the land at 3010/3020 Otis Road SE, now known as DBW First Addition, received a Future Land Use Amendment (FLUMA) from Urban Low Intensity (U-LI) to Urban Large Lot (U-LL) Land Use Typology Area (LUTA). Also responding to a claim that this and/or adjacent lands are part of a “protected conservation district”.
First the FLUMA: The Urban-Low Intensity designation requires that new residential development create a minimum of two units per acre. This is to ensure utilization of public infrastructure. The City code allows land that is dedicated to infrastructure (such as streets or stormwater management), dedicated to a public use or natural preservation, or land that is unbuildable to be removed from this calculation. The “DBW First Addition” proposed development of approximately 0.25 units per acre (2 homes on roughly 8 acres) without extending public streets or utilities and without a plan for future development of the land. This required City Council to consider (and approve) an amendment to the Comprehensive Plan.
The Kestrel Heights subdivision extended public streets and utilities and met the two-unit-per-acre minimum once removing land necessary for roads, stormwater management, and unbuildable land that was proposed for tree preservation. Because of this, the development meets the requirements of the Future Land Use Map.
The zone district (S-RLL, Suburban Residential Large Lot) is the same for both developments. Both have the same development standards besides the minimum-density requirement found in the City’s comprehensive plan.
Regarding possible conservation areas or districts, staff reported these findings to the City Council:
- City has no zoning overlays on these properties related to conservation or otherwise.
- No County, State or Federal agency has informed the City of any land use restrictions on these properties.
- City is unaware of any conservation-related deed restrictions.
- Area is not identified for conservation on the City’s historical land-use maps.