HomeMy WebLinkAbout1992-09-15 Public hearing
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NOTICE OF PUBLIC HEARING
Notice Is' hsreby given thst a public hearing will be held by ~u.J fu 10 /'3
the Cny Council of Iowa City, Iowa, at 7:30 p.m. on the 15th day {I
of September, 1992, In the Civic Center Council Chambers, 410
E. Washington Street, Iowa Cny, Iowa; at which hearing the
f.?Yncll will consider the fol~wlng lIems:
C:I An Ordinance rezoning a portion of the Advanced
Drainage Syslem (ADS) propsrty located at 1301 Sheridan
Avsnue from 1.1 to RS.8.
2. An Ordinance vacating portions of Dubuqus Road.
Copies ollhe proposed Ordinances are on file for public
examination In the office of Ihe Clly Clerk, Civic Cenler, Iowa
City, Iowa. Persons wishln9 10 make their views known for
CouncillXlnslderatlon are enlXluraged to appear at lhe above.
mentioned time and place.
MARIAN K. KARR, CITY CLERK
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PROTEST AGAINST REZONING
TO: The city Clerk of the city of Iowa city, Iowa
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ADVANCED DRAINAGE SYSTEMS, INC. STATES:
1.
That Advanced Drainage Systems, Inc.
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is the owner of the
following described real estate located in Iowa city, Johnson
County, Iowa, to-wit:
Commencing at a point where the north boundary of the
Chicago, Rock Island & Pacific Railway Company's right-
of-way intersects the West boundary of the Est Half (E
1/2) of the Northwest Quarter (NW 1/4) of section 14,
Township 79 North, Range 6 West of the 5th P.M., running
thence north along the said west boundary approximately
630 feet to the south boundary of Sheridan Avenue in Iowa
city, Iowa; thence easterly in the direction of the south
boundary of Sheridan Avenue produced 400 feet; thence
southerly in a direction which make an angle of deflec-
tion to the right-of-way S2 degrees with the south
boundary of Sheridan Avenue above described, thence
southerly along such course to its intersection with the
north boundary of the Chicago, Rock Island & Pacific
Railway Company's right-of-way; thence along said right-
of-way in a northwesterly direction to the place of
beginning. Also, commencing at a point where the north
boundary of the Chicago, Rock Island & Pacific Railway
Company's right-of-way intersects the west boundary of
the East Half (E 1/2) of the Northwest Quarter (NW 1/4)
of Section 14, Township 79 North, Range 6 West of the 5th
P.M., running thence north along the said west boundary
approximately 630 feet to the south boundary of Sheridan
Avenue, thence westerly following the south line of
Sheridan Avenue 30 feet; thence Southerly parallel to the
said east line of the West Half (W 1/2) of the Northwest
Quarter (NW 1/4) of said section 14 to the north boundary
of said railway right-of-way; thence southeasterly along
said right-of-way to the place of beginning, subject to
an easement for road purposes and excepting therefrom the
following: commencing on the south line of Sheridan
Avenue, Iowa city, Iowa, 102.70 feet east of the east
line of the West Half (W 1/2) of the Northwest Quarter
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(NW 1/4) of Section 14, Township 79 North, Range 6, West
of the 5th P.M.; thence south parallel with the east line
of said West Half (W 1/2) of the Northwest Quarter (NW
1/4) of section 14, 150 feet; thence east parallel with
the south line of said Sheridan Avenue 50 feet; thence
north parallel with the said east line of the West Half
(W 1/2) of the Northwest Quarter (NW 1/4) of Section 14,
150 feet to the said south line of Sheridan Avenue;
thence west along the south line of said Sheridan Avenue
50 feet to the place of beginning, subject to easements
of use and record, restrictions and covenants of record,
according to the plat thereof recorded July 25, 1959, in
Plat Book 2, page 72A, Records of Johnson County, Iowa.
2. That pursuant to Section 36-BB(b) of the Code of
Ordinances of the city of Iowa city, Iowa, the said Advanced
Drainage Systems, Inc. hereby protests against the rezoning from I-
1 to RSB of that portion of the real estate hereinabove described
presently situated in the zoning classification designated as I-1
under the Zoning Ordinance of the city of Iowa city, Iowa.
DATED this 15th day of september, 1992.
ADVANCED DRAINAGE SYSTEMS, INC.
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By: ~ " i J-c7L, on/cdf
-Charles A. Ollendick
Title: Iowa City Pl ant Manaqer
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STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged
1992 by Charles A. Ollendick
of Advanced Drainage Systems, Inc.
before me on September 15,
as Iowa City Plant Manager
Nota
I
in and for the State of
Iowa
My commission expires September 22, 1995.
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING, ORDINANCE BY
CHANGING THE USE REGULATIONS OF APPROXIMATELY
FIVE ACRES OF LAND LOCATED AT 1301 SHERIDAN
AVENUE IN IOWA CITY, IOWA,
WHEREAS, John Shaw, Jill Smith and Barbara Ludke, on
behalf of Longfellow Neighborhood Association, have
requested a zone change from J.1, General Industrial, to
RS.S, Medium Density Single.Family Residential for
approximately live acres of land located at 1301 Sheridan
Avenue, Iowa City, Iowa; and
WHEREAS, the property has been used as an industrial site
for over 90 years, but has becoma an anomaly in the midst
of a residential neighborhood; and
WHEREAS, the requested rezoning would make the
property consistent with the predominantly single.family
residential zoning of surrounding property; and
WHEREAS, the City's Comprehensive Plan designates this
property for low to medium density single.family residential
development; and
WHEREAS, the Comprehensive Plan policy governing
actions of the City for existing land uses encourages the
relocation of incompatible and obsolete land uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION 1. APPROVAL. All that part of the following
described property lying west of the west line of Grant Street
extended south is hereby reclassified from its present classifi.
cation of 1.1, General Industrial, to RS.S, Medium Density
Single.Family Rasldential:
Commencing at a point where the north boundary of
tha Chicago, Roc:, Island and Pacific Railway
Company's right.of.way intersacts the west
boundary of the East Half IE1/21 of the Northwest
Quarter INW1/41 of Section 14, Township 79 North,
Range 6 West of the 5th P.M" running thence north
along the said west boundary approximately 630
feet to the south boundary of Sheridan Avenue in
Iowa City, Iowa; thence easterly in the direction of
the south boundary of Sheridan Avenue produced
400 feel; thence southerly in a direction which
makes an angle of deflection to the right.of.way S2"
with the south boundary 01 Sheridan Avenue above
described, thence southerly along such course to its
inlersection with the north boundary of the Chicago,
Rock Island and Pacific Railway Company's right.of-
way; thence along said right.of.way in a north.
westerly direction to the place of beginning, Also,
commencing at a point where the north boundary of
the Chicago, Rock Island and Pacific Railway
Company's right.of.way intersects thB west
boundary of tho East Half IE1I21 of the Northwest
Quarter INW1/41 of Section 14, Township 79 North,
Range 6 West 01 the 5th P,M" running thBnce north
along the said west boundary approximetaly 630
feet to the south boundary of Sheridan Avenue,
thence westerly following the south line of Sheridan
Avenuo 30 feet; thence southerly parallel to the said
east line of the West Half tW1/21 of the Northwest
Quarter INW1I41 of said Section 14 to the north
boundary of the said railway right.of.way; thence
southeasterly along said right.of.way to the place of
beginning, subject to an easement for road purposos
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Ordinance No.
Page 2
and excepting therefrom the fOllowing:
Commencing on the south iine of Sheridan Avenue,
Iowa City, Iowa, 102.70 feet east of the east iine of
the West Haif IW1/21 of the Northwest Quarter
INW1/41 of Section 14, Township 79 North, Range
6, West of the 5th P.M.; thence south parallel with
the east iine of said West Half IW1I21 of the
Northwest Quarter INW1I41 of Section 14, l50feet;
thence east paraliel with the south line of Sheridan
Avenue 50 feet; thence north paraliel with the said
east iine of the West Half (W1I21 of the Northwest
Quarter INW1/4) of Section 14, 150 feet to the said
south line of Sheridan Avenue; thence west along
the south iine of said Sheridan Avenue 50 feet to
the place of beginning, subject to easements of use
and record, restrictions and covenants of record,
according to tha plat thereof recorded July 25,
1959, in Plat Book 2, Page 72A, Records of
Johnson County, Iowa,
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 final
passage, approval, and pubiicatlon of this Ordinance as
provided by law.
SECTION III. CERTIFICATION AND RECOROING, The City
Clerk is hereby authorized and directed to certify a copy of
this Ordinance which s~all be recorded at the Office of the
County Recorder of Johnson County, Iowa, upon final
passage and pubiication as provided by law.
SECTION IV, REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION V, SEVERABILITY, If any section, provision Dr 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 invaiid or unconstitutional,
SECTION VI, EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approvai and pubiication, as
provided by law.
Passed and approved this
MAYOR
AlTEST:
CITY CLERK
Approved by
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Cltv Attorney's Office
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Melody Rockwell
Item: REZ92.0011. 1301 Sheridan Avenue.
Date: August 20, 1992
GENERAL INFORMATION:
Applicants:
John Shaw, Jill Smith and Barbara
Ludke, on behalf of the Longfellow
Neighborhood Association, 437 S.
Summit Street, Iowa City, Iowa 52240.
Requested action:
To rezone approximately 5 acres of the
ADS site from 1-1 to RS-B.
Purpose:
To rezone the privately owned property
to be consistent with surrounding zon.
ing.
Location:
1301 Sheridan Avenue.
Comprehensive Plan:
Single-Family Residential; 2-S dwelling
units per acre.
Existing land use and zoning:
ADS Office/Storage and Undeveloped;
1-1, RS.S.
Surrounding land use and zoning:
North. Single.Family Residential; RS-S.
East - Ralston Creek, Single.Family
Residential; RS.S.
South - Iowa Interstate Railroad, Sin-
gle.Family Residential; RS-5.
West. Multi-Family Residential, Sin. ,
gle.Family Residential; RM-12,
RS-S.
BACKGROUND INFORMATION:
John Shaw, Jill Smith and Barbara Ludke, on behalf of the Longfeilow Neighborhood
Association, have submitted an application to rezone approximately five acres of the seven
acre parcel owned by Advanced Drainage Systems (ADS), Inc. from 1-1, General Industrial
Zone, to RS-S, Medium Density Single.Family Residential Zone. Approximately two acres
located on the east portion of this site, primarily within the Ralston Creek flood plain, are
zoned RS.S. The Longfeilow Neighborhood Association initiated the request to rezone the 1.1
portion of the property to RS.S to make it consistent with the predominantly single.family
residential zoning of surrounding property.
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The tract of land in question has been used as an industrial site since O.S. Kelley owned it in
the early 1900s. In 1900, Oakland Avenue was the east boundary of Iowa City; this site was
located outside the Iowa City corporate limits. The main building, which is currently being
used for ADS offices and storage, was constructed around 1900, and used for manufacturing
farm machinery, construction machinery and gasoline engines. A variety of industrial uses
have occupied the property over the succeeding years, including a gas station and bulk oil
storage in the 1930s. At some point in the early days of Iowa City zoning, the entire tract
was zoned for industrial use.
In 1962, the eastern portion of this site along Ralston Creek was downzoned to R2,
Residential. In 1970, an application by ADS and the property owner, Georgia Tuttle, to
rezone the residential portion of this site to a light industrial classification was denied by the
Planning and Zoning Commission. The Commission then considered rezoning the industrial
portion of the site to R2, Residential; allowing the ADS business to continue as a non.
conforming use. Although the Commission recommended the residential rezoning to the City
Council, the requested rezoning was defeated at the Council level.
Due to an anticipated change in ownership of the ADS site, and concern about the range of
industrial uses that would be permitted on a site under the existing 1-1 zoning, the Longfellow
Neighborhood Association is requesting a rezoning of the industrial portion of this site to RS.8.
The Association considers that a medium density, single:family zoning of the property would
lead eventually to development on the site that is more appropriate and compatible with the
surrounding residential neighborhood than might otherwise occur.
ANALYSIS:
The ADS site contains five buildings. In addition to the two.story, 300.foot by 60.foot main
building, there are two small buildings located in the southwest corner of the site, a
deteriorating brick building south of the main building, and a storage structure north of the
main building. A rail spur extends from the south property boundary to the southeast corner
of the main building. A fenced area on the northeast has been used for outdoor storage. Two
electric substations are located near the center of the property. The property slopes gently
towards Ralston Creek on the east. Single.family homes exist north, east, south across the
railroad line, and west of the site. An apartment building is located west of this site as well.
Access to this site is via local residential streets.
Comorehensive Plan and Zonina Considerations
The Comprehensive Plan functions as a policy guide to decisions about the physical
development of the community. The predominant land use in this area of Iowa City is single.
family residential. Rezoning the subject tract to RS.8 would be in conformance with the
Comprehensive Plan as well as consistent with the single.family residential land use on most
of the surrounding property. Although RS.8 is an appropriate land classification for a parcel
within two blocks of an elementary school, Longfellow Elementary School, residential
development of the property may overburden the school, which is operating at capacity.
Although the ADS property has been used as an industrial site for 92 years, it has become
an anomaly in the midst of a residential neighborhood. In 1989, ADS ceased its manufactur.
ing operations, and with the exception of truck traffic, has been a relatively quiet industrial
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neighbor, using the site mainly for storage and administrative offices. Continued I.' zoning
of the tract, however, exposes the neighboring residential properties to the potential of
industrial noise and traffic in the future. The local neighborhood streets serving this site are
not structurally sufficient to carry the heavy trucks associated with industrial traffic. It may
be that a residential development will generate more average daily trips than the current I.'
use. But industrial truck traffic is different in kind, more in conflict with a residential area.
An RS-8 rezoning of the property would allow ADS, or a future property owner, to continue
its current industrial usage as a non.conforming use as long as it was not expanded, or
discontinued for more than one year, or the structure was not destroyed to the extent of
100% or more of its assessed value. Sanitary sewer capacity is restricted to the north of the
ADS site. Any development of the property that increased the volume of sewage discharge,
whether the use was residential, commercial or industrial, would re'quire the extension of a
sanitary sewer line from the southeast corner of the site, under the creek to a manhole east
of Ralston Creek.
Staff views the characteristics of this relatively large tract, iocated in a developed residential
neighborhood, as suitable for OPDH-8 development. The floodplain along Ralston Creek on
the east could serve as a connecting pedestrian pathway and open space for the neighbor.
hood. The historic character of the main building is such that it should be considered for
preservation and reuse. Rezoning the industrial portion of the tract from 1-1 to RS.8 would
provided an appropriate transition for the possibility of OPDH-8 development in the future.
STAFF RECOMMENDATION:
Staff recommends that the approximately five acre tract located at 1301 Sheridan Avenue be
rezoned from 1-1 to RS.8.
ATTACHMENTS:
1. Location Map.
2. Longfellow Neighborhood Association Letters of Intention and Support.
3. Background Information Provided by the Longfellow Neighborhood Association.
Approved by:
Mo ca Moen, Senior Planner
De artment of Plenning and
Community Development
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City of Iowa City
Office of Neighborhood Services
410 E. Washington St.
Iowa City, IA 52240
Date:
August 14, 1992
To:
Planning and Zoning Commission " _
Marcia Klingaman, Neighborhood Services coordlnato~
Longfellow Neighborhood Involvement'ln the Advanced Drainage Systems (ADS)
Property ,
From:
Re:
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, The Longfellow Neighborhood Association has had an Interest In the future of the ADS site located,
, at 1301 Sheridan Avenue since the Association's Inception In January of 1991. The reuse of the
property was listed as one of the priority areas they wished to explore In the early stages of the
development of the Association. ' "
, " In Jan~ary; 1992, the Neighborhood Association became, aware that the ADS site had been appraised.
Association members contacted the local ADS plant but was told that the company had no Immediate
plans to sell the property. At the request of the Neighborhood Association, City staff presented at the
March 19, 1992, Neighborhood Association meeting a variety of zoning options for the site, how traffic '
might be Impacted with eacn use, poten)lal for parkland development, how the, property tax structure
would be affected, with each use as well'as a variety of other Issues. A subco,mmlttee was formed at
thattlme to explore these various options and plan a strategy forthe property. ,
Also at that time, a group of Urban and Regional Planning graduatestudents became aware of ihe
, Neighborhood Association effort and offered their services In researching the rezoning options as well
as developing a survey that could be distributed to the entire neighborhood. ' The, survey Included
questions directly related to the ADS property (attached) as well as a general needs assessment that
. will be used to help focus the upcoming Neighborhood Plan process. The results of the survey
, Indicate that approximately 54% of the neighborhood rank Residential zoning In the top three of the
range of six ranklngs. Sixty-three percent ranked Parkland as a priority and 10% preferred Industrial
, use (attached). Garth Frable,one of the students, further analyzed rezoning options In a class paper
(attached).
Since late May of 1992, the ADS subcommittee has met almost weekly. One meeting Involved
discussions with a potential purchaser/developer of the site to solicit his Ideas about development of
'the site. The subcommittee has maintained contact with the local branch and headquarters of the ADS
organization as to their efforts, both by phone and letter (attached).
, The subcommittee evaluation supported the, rezoning option to RS.B, similar to the existing
neighborhood and consistent with the Comprehensive Plan. This rezoning request Is endorsed by the
Board of the Longfellow Neighborhood Association as well. The letters of endorsement are Included
In your packet.
ns~oro.ada
Phone (319) 356.5237
FAX (319) 356.5009
/978.
~.
TO: Members of the Planning & Zoning Commission
We, the officers of the Longfellow Neighborhood Association, endorse the
application submitted by the Longfellow Neighborhood Association ADS Property
Committee to rezone the Advanced Draining System (ADS) property located
at 1301 Sheridan Avenue from I-I to RS-8. The ADS Property Committee is the
official working group for the Neighborhood Association with regard to matters
relating to this property,
We support this downzoning application for the following reasons:
. -The ADS property is located in a neighborhood zoned RS-B.
"The City of Iowa City's Comprehensive Plan recommends through its land
Use map that this property be Zoned RS-B. This zoning allows a minimum
of two but not more than eight residential units per acre.
'.The majority of neighborhood residents who responded to a recent
Longfellow Neighborhood Association survey want the ADS property
rezoned residential or used for parkland.
As this rezoning application proceeds through the Planning & Zoning
Commission and the City Council, the Longfellow Neighborhood Association
will sUpport the activities of the ADS Property Committee and will encourage
all Association members to become active supporters of this project. Because
the president of the association, Cecile Kuenzli, was out of the country at
the time we met to vote on our endorsement of this application, we contacted
her for a letter of support, which is attached, '
Thank you for your consideration of this rezoning application.
~~L'.J ~.Il77AI,<J rf-/I- 9..:2-
Lorraine Bowans, Vice President Date
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Laurie Comstock, Secretary
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TO: Members of the Planning & Zoning Commission
We, the undersigned, on behalf of the ADS Property Committee of the
Longfellow Neighborhood Association, have submitted an application requesting
that the approximate seven acre parcel currently owned by Advanced Drainage
Systems be rezoned I-I to RS-B. When the Longfellow Neighborhood Association
was formally organized in January of 1991, the future of the ADS property was
identifed by Association members as a concern and one that the Association
needed to address.
Specifically, the RS-B zoning is appropriate for these reasons:
uThe ADS property is located in a neighborhood zoned RS-B.
-.The City of Iowa City's Comprehensive Plan recommends through its land
use map that this property be zoned RS-8.
--The majority of neighborhood residents who responded to a recent
Longfellow Neighborhood Association survey want the ADS property
rezoned residential or used for parkland.
--The rezoning application is consistent with the City of Iowa City's
Land Use Policies that "encourage the relocation of incompatible and
obsolete land uses" and that "re-evaluate zoning districts in
neighborhoods where identified conflicts exist," These policies also
state that businesses reliant upon community-wide patronage versus
supplying the everyday needs of the neighborhood should be located in
designated community commercial areas to preserve the residential
purpose and character of the neighborhood.
Thank you for your consideration of our application.
~ I(. ~ f/;~!f:l-
Barbara A, Ludke Date
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1122 Sheridan Ave.
Iowa City, IA 52240
August 8, 1992
Frank Eck, Division President
Advanced Drainage Systems
330 Riverside Drive
Columbus, OH 53221
Dear Hr. Eck:
This letter is to inform you that the ADS Property Committee of the
Longfellow Neighborhood Association has submitted an application to the City
of Iowa City to have the ADS property rezoned from I-I to RS-8. We requested
the'RS-8 zoning for the following reasons:
--The ADS property is located in a neighborhood zoned RS-8.
--The City of Iowa City's Comprehensive Plan recommends through its land
use map that the ADS property should be zoned RS.8. The land use map
specifically shows that this property should be developed with a
minimum of two but not more than eight hOlls! nr; units per acre.
--The majority of neighborhood residents who responded to a recent
Longfellow Neighborhood Association survey want the ADS property
rezoned residential or used for parkland.
--The rezoning is consistent with the City of Iowa City's Land Use
Policies that "encourage the relocation of incompatible and obsolete
land uses" and that "re.evaluate zoning districts in neighborhoods
where identified conflicts exist." These policies also state that
businesses reliant upon community-wide patronage versus supplying the
everday needs of the neighborhood should be located in designated
community commercial areas to preserve the residential purpose and
character of the neighborhood.
Based on the above, the ADS Property Committee determined that the most
feasible zoning for this property is RS-8.
Sincerely,
~~~
Barbara A. Ludke, Chair
ADS Property Commi t tee
cc: Jim 0' Brien
cc: Chuck Ollendick, Hanager
Advanced Drainage System, Iowa City
cc: Karin Franklin, Director
Dept. of Planning & Community Develop., City of IO~1a City
~: Marcia Klingaman, Coordinator
Neighborhood Services, City of Iowa City
cc: Cecile Kuenzli, President
Longfellow Neighborhood Association
~.
Frank Eck
Division President
Advanced Drainage Systems
3300 Riverside Drive
Columbus, OH 43221
733 S. Summit Street
Iowa City, IA 52240
July 8, 1992
Dear Mr, Eck:
I am writing on behalf of the the Iowa City Longfellow Neighborhood
Association to ask for your cooperation regarding any future development at
tbe ADS property located on Sheridan Avenue in Iowa City, Iowa. The
Association, which is composed of more than 880 families, was established to
ensure that the quality of life we have corne to appreciate is maintained.
We consider ADS a responsible neighbor and are grateful for the attempts you
have made to preserve the quality of the surrounding area by limiting
pollution, landscaping the area around the Sheridan Avenue plant, and
providing a safe environment for the neighborhood children.
In January when our group learned that the ADS Sheridan Avenue property may be
sold, we contacted Chuck Ollendick, manager of the local facility. At that
time, Mr. Ollendick indicated that ADS was not interested in selling the
property. Is this still the caae? When this property does become available
for sale, we aek that you give serious consideration to our concerns. For
example, a high density housing development would greatly increase traffic
flow on our already heavily used neighborhood streets, would cause
overcrowding in the Longfellow School, and may not , realistically conform to
the style of the beautiful, older homes in the neighborhood.
To ensure that the needs of our neighborhood become an important aspect of any
future developments, we have formed a committee to identify potential uses of
this property that would be consistent with tha adjoining Longfellow
neighborhood. As our plans become formalized, we would be pleased to share
them with you. It is essential that we work together so that a solution meets
the objectives of all involved parties: specifically ADS, the Longfellow
neighborhood, and the City of Iowa City.
We look forward to working with you on this project.
Sincerely,
~~
Cecile Kuenzli, President
Longfellow Neighborhood Assoc.
cc: Chuck Ollendick
~: Marcia Klingaman
Neighborhood Services Coordinator
City of Iowa City
/971
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TO: Longfellow Neighborhood Association Members
FROM: Barbara Ludke, Chair, The ADS Property Committee
RE: Rezoning of the Sheridan Avenue ADS Property
The ADS Property Committee of the Longfellow Neighborhood Association
needs your attendance at the August 20, 1992 meeting of the Iowa City Planning
and Zoning Commission. The meeting is tentatively scheduled for 7:30 p,m. in
the Civic Center.
We recently learned that an Iowa City developer has made an offer to to
purchase the Sheridan Avenue ADS property. One part of his proposed
development plan includes construction of concrete mini-storage units. This
development would not require a public hearing with neighborhood input because
the zoning would not have to be changed.
The ADS Property Committee strongly advocates that the entire ADS
property be used solely for residential development. To this purpose. the
Committee submitted an application to rezone the ADS property from I-I (which
permits industrial use) to RS-8 (which allows a minimum of two but not more
than eight residential units per acre). This action was taken for the
following reasons:
--The ADS property is located in a neighborhood zoned RS.8.
.-The City of Iowa City's Comprehensive Plan recommends through its land
use map that this property be zoned RS - 8.
..The majority of neighborhood residents who responded to a recent
Longfellow Neighborhood Association survey want the ADS property
rezoned residential or used for parkland.
--The rezoning application is consistent with the City of Iowa City's
Land Use Policies that "encourage the relocation of incompatible and
obsolete land uses" and that "re-evaluate zoning districts in
neighborhoods where identified conflicts exist." These policies also
state that businesses reliant upon community-wide patronage versus
supplying the everday needs of the neighborhood should be located in
designated community commercial areas to preserve the residential
purpose and character 'of the neighborhood,
As the rezoning process ,proceeds, we will need individuals to hel p
distribute flyers, contact City Council members, etc. We will also be planning
a number of fundraising events to help covar any expenses. If you are able to
help in any of these activities, please call me at 338-3045. tie also welcome
any suggestions and input you may have regarding this project.
To ensure that this zoning application is reviewed favorably by the
Planning & Zoning Commission, it is imperative that we receive support from
the members of the Longfellow Neighborhood Association. Our rezoning
application will be first reviewed by the Planning & Zoning CommIssion at an
Informal hearing on August 17 and at a formal hearing on August 20. It is
critical that we have a large attendance at the August 20 formal hearing in
order for our application to be approved. If approved by the Planning &
Zoning Commission, the application will then be brought before the City
Council sometime in Fall.
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tV e, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from I-I to RS-8,!
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phone number
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tv e, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from I-I to RS-8.
phone number
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'We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from I-I to RS-B.
date signature and printed name address
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tWe, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS-8.
date signature and printed name address phone number
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ADS P1r(O)}p)ce1f~Y JR,@~(Q)IDliIDl! IPce~iU(Q)IDl
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS-8.
. date signatW'c and printed name 'addreus phone number
~ 13 'L~.m(r.,,-JJ,- 72:1-",/1 lI:/1LLJ :nJ SClIrMlIr 'f 33')-(0')0...
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from I-I to RS-8.
date signature and printed name
gl9-9J... ry/IIMP1 fouilm
Sl~ 1iv../kr'J
, address
phone number
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS-8.
date signature and printed name 'address
phone number
~ "; 199j-
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS-8.
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from I-I to RS-8.
phone number /(,1(1
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS-8.
phone number
, addr~s
JI GV"Ql-rT" In- 2.2.1.
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS.8.
date signatw-e and p . ted name address
~ 'oz GM
ROP"I~
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS-8.
, address
phone number
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We, the undersigned, support the submitted
application for the rezoning ofthe ADS property at
1301 Sheridan Avenue, Iowa City, from I-I to RS.8.
date signature an rinted name address , phone number
f .,/,'
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from I -1 to RS-8.
, phone number /
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'WJ e, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from I-I to RS-8.
date signature and printed name address
phone number
~DJ q)~ .,,\ a.Qo~ ~"-....
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ADS IP1f(Q)jp)@r~y ~@~(Q)IDliiIDl! IP@~ii~ii(Q)IDl
lle, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS-8.
address
phone number
1JYj"'i i
331- bOO"'}
:~:~.r> ~(-Z08 ~
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'We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS-8.
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We, the undersigned, support the submitted'
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS.8.
, address
phone number
337-.:?::<9
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from I-I to RS-8.
date signature and printed name address J 0 '" . d i\ phone number ...... ....",., I '
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'We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from I-I to RS.8.
phone number
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from I-1 to R~8.
, address phone number
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS-8.
date signatw-e and printed nlllDe ' address
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We, the undersigned, support the submitted
application for the rezoning of the ADS property at
1301 Sheridan Avenue, Iowa City, from 1-1 to RS.8.
phone number
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ADS PROPERTY REZONING OPTIONS
The following questions are asked because the Advance Drainage System site (1301 Sheridan) may soon
be for sale and development could occur in the future.
Possible future uses for the ADS property are listed below along with the zoning classifications
necessary for these types of uses. Please rank order the following Zoning Classification from I through
6 (one the most preferred and 6 the least). Please use each number only once.
43. Rank
Industrial Zoning 1.1
This is the current zoning of the ADS property and no change would be required in the city's
zoning code. While a wide variety of industrial uses are permitted under this zoning category,
any substantial construction would require a development plan approved by the Planning and
Zoning Commission and the City Council.
Commercial Zoning eN.l
The Neighborhood Commercial Zone may be a possibility for this area: It is intended for
businesses which primarily serve a small section of the city, in this case the Longfellow
neighborhood. Some examples would be barber shops, beauty parlors, dry cleaners, drug store,
florist, bank, postal station, videotape rental store, etc.
Residential Zoning RS.5
Iowa City's Comprehensive Plan, passed in 1989, recommends residential development of this
site within a density range of 2-8 dwelling units per acre. The RS-5 zone would limit tile site
to single family detached housing at densities of no more than 5 units per acre.
Residential Zoning RS.S
RS-8 would allow for detached single family houses as well as duplexes, townhouses, and zero
lot line dwellings at densities of not more than 8 units per acre. The current zoning for most of
the Longfellow neighborhood is RS-8.
Planned Development Housing Overlay Zone OPDH
This zoning would allow for a single developer to design housing for the site at the same
densities listed above. However, the developer would have to meet city regulations and
neighborhood concerns for design, placement and clustering of buildings, open space, and parking
facilities.
Parkland
The city or the neighborhood could acquire the property for park use. Ownership by the city will
remove the property from the city's tax rolls.
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44. Would you like to see the main building on the ADS property saved and reused?
Don't Know!
Yes No No Opinion
[] [] [ ]
45. If yes, please describe how you would like to see it reused:
46. Please list any other ideas, thoughts, comments, and concerns you have about the ADS site:
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REZONING THE ADVANCED DRAINAGE SYSTEMS PROPERTY
Background
Advanced Drainage Systems, Incorporated (ADS), a manufacturer of plastic drainage tubing,
owns and occupies approximately seven acres of land located at 1301 Sheridan Avenue in
the Longfellow Neighborhood. Approximately five of the seven acres is zoned for general
industrial purposes (II). The remaining two acres are zoned for medium density single
family dwellings (RS.8). With rumors of an impending sale of the land and fears that a
potentially disruptive and noxious use could be placed on the property under the industrial
classification, the Longfellow Neighborhood Association is interested in having the City
acquire the land for a neighborhood park or downzoning the property to a single family
residential classification (Longfellow Neighborhood Association 1992). This paper examines
the arguments for rezoning the ADS property.
Site History The Advanced Drainage Systems property has been used as an industrial site
for at least ninety-two years. The main building on the property was constructed around
1900 by O.S. Kelley Western Manufacturing Company, a maker of farm implements and
construction equipment. The property at that time fell outside the City limits, and there was
no development around the plant from Maggard Street on the west to Seventh Avenue on
the east. Over the years, a residential neighborhood of mainly single family homes has
grown up around the plant. Advanced Drainage Systems moved to the site in 1969 and
began manufacturing plastic tubing for the drainage of fields. In 1989, ADS ceased its
manufacturing operations at the Sheridan Street plant but continues to use the site for
storage and administrative purposes.
Zoning History The entire seven acres were zoned industrial from the time of Iowa City's
first zoning map until 1962, when that part falling in the 1400 block of Sheridan Avenue was,
downzoned to a residential clnssification (RZ). In 1969, ADS and the then current owner
Georgia Tuttle applied to the City to have this residential section rezoned back to general
industrial. Their application failed. However, the Planning and Zoning Commission and
the Department of Community Development recommended to City Council that the
remaining five industrially zoned acres be rezoned to a residential classification which would
have made ADS a nonconforming use. This recommendation was probably prompted by
the number of complaints about noise, dust, and truck traffic generated by the new ADS
operation (Dept. of Community Development 1970). City Council voted against this
rezoning recommendation.
Isslles
In considering the question of rezoning the ADS property, a number of key issues must be
addressed, As an exercise of a city's police power, the rezoning must be for a legitimate
1
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public purpose. The rezoning should not be an arbitrary and capricious action and should
be rationally related to accomplishing the public purpose. In addition, the rezoning should
be in accordance with Iowa City's Comprehensive Plan. Furthermore, all "...economically
viable use of the land" (Keystone v. DeBenedictis, U.S. 1987, 485), including reasonable
investment-backed expectations, should not be denied the owners through the rezoning of
the property. In examining these issues, the current industrial classification of the property
must not be understood solely in the context of the Advanced Drainage Systems facility.
A wide variety of uses are permitted under the I-I zone, and their potential impact on the
neighborhood must be taken into account in considering a rezoning action.
Public Purpose Iowa state legislation defines the purpose of municipal zoning as
"...promoting the health, safety, morals and general welfare of the community" (Iowa Code
sec. 414.1). "An ordinance, [therefore], is valid [only] if it has any real, substantial relation
to..." this purpose (Neuzil v. City oflowa City, Iowa 1990, 10). Separating incompatible land
uses, in this case an industrial site and single family homes, "...bears a rational relationship
to the health and safety of the community" (Euclid v. Ambler, U.S. 1926, 391).
The Iowa Supreme Court ruled in 1990 that "...traffic considerations are reasonable grounds
under the City's police power for amending zoning ordinances" (Neuzil v. City of Iowa City,
Iowa 1990, 16). The ADS property is situated in the center of a residential neighborhood
and located two blocks from the Henry Longfellow Elementary School. TIle pedestrian
traffic of this residential area in addition to that generated by the school could be
endangered by the heavy traffic of an industrial site. Furthermore, industrial traffic,
specifically large trucks, is incompatible with the width and strength of the streets in the
Longfellow Neighborhood.
An industrial site may also produce noise, odors, and dust that threaten the health, safety,
and welfare of the neighborhood residents. A central purpose of rezoning is to prevent such
nuisances by separating incompatible land uses such as homes and industrial facilities. In
this way, downzoning the ADS property is rationally related to preserving the health and
safety of the neighborhood residents.
Zoning "".regulations shall [also] be made with...consideration to conserving the value of
buildings" (Iowa Code sec. 414.3). "Maintain[ing]...current property values in [an]
area...bears a substantial relationship to the public's health, safety, welfare, and comfort"
(Neuzil v. City of Iowa City, Iowa 1990, 17). In addition, aesthetic impact of a particular
land use is a valid consideration because it takes into "...account the general public's comfort
and welfare" (Neuzil v. City of Iowa City, Iowa 1990, 17). With the possibility that an
industrial use of the ADS property could endanger residents, produce a number of nuisances
such as noise and odor, and be an eyesore, it is reasonable to expect that property values
in the neighborhood could be diminished. Downzoning the ADS property, therefore, has
a rational relationship to preserving the residents' comfort and welfare by maintaining
2
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property values.
Residential Character "Iowa law requires municipalities to pass all zoning ordinances in
accordance with a comprehensive plan" (Neuzil v. City of Iowa City, Iowa 1990, 10). Iowa
City's Comprehensive Plan passed in 1989 recommends residential development of the
Longfellow Neighborhood including the ADS site within a density range of 2-8 dwelling
units per acre. Most of the Longfellow Neighborhood is currently zoned for medium
density single family dwellings allowing for eight units per acre. Downzoning the ADS
property is in accordance with Iowa City's Comprehensive Plan and therefore such an action
is neither arbitrary nor capricious but follows from the long range plans for the
neighborhood.
Zoning changes "shall also be made with the character of the area" in mind. An industrial
site violates the single family residential character of the Longfellow Neighborhood.
Downzoning the ADS property "...[would] seek to place the tract in conformity with other
land in the same area" (Neuzil v; City of Iowa City, Iowa 1990, 16). The central argument
used by the planning staff in 1970 in support of a rezoning of the property to a residential
classification was that the industrial use "...violates the compatibility of the neighborhood
environment" (Dep!. of Community Development 1970, 1). Rezoning the ADS property to,
the single family classification (RS-S) dominant in the Longfellow Neighborhood, therefore,
bears a substantial relationship to protecting the welfare of the community.
Taking Issue The final question is whether a rezoning of the ADS property from general
industrial to a single family residential classification would deny the owners "...economically
viable use of [their] land" and therefore effect a taking of property requiring compensation
(Keystone Vo DeBenedictis, U.S. 1987, 485). The Iowa Supreme Court ruled that a
"...municipality [may not] downzone the property to the point that the property cannot be
improved with any development that would be economically feasible" (Neuzil v. City of Iowa
City, Iowa 1990, 12)
Downzoning the ADS property to a residential classification would make any industrial
operation on the site a nonconforming use. "The rezoning of the property would not
interfere with the current operation." However, "...it would limit the industrial use from
expanding" (Dep!. of Community Development 1970, 1-2). ADS could sell the property for
industrial uses as long as they conformed to the regulations of the 11 zone. The
nonconforming use status ceases if it is stopped for two years or more, or if it is damaged
by 100% or more of its assessed value by fire, explosion, act of God, or the public enemy
(City of Iowa City 1991, 176-178). Therefore, no substantial value of the property is denied
to the owners except that existing structures cannot be expanded and new structures cannot
be built - a very small stick in the bundle of property rights. In fact, downzoning enhances
the value of the property by allowing ADS the option of selling the site for either industrial
or residential use. Because it seems likely that the size of the ADS site and its close vicinity
3
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to both the downtown and an elementary school would bring the propertj <1 higher price for
residential development than for industrial use, ADS would actually acquire valuable aspects
of the property they did not have before a rezoning.
Conclusion
Downzoning the ADS property from general industrial to medium density single family
i would serve a legitimate public purpose. Rezoning is rationally related to accomplishing this
purpose. Downzoning would not deny the owners economically viable use of their land and
therefore would not be a taking of property requiring compensation. A rezoning action
initiated by the Longfellow Neighborhood Association will effect no immediate change of
the Advanced Drainage Systems property. Industrial activities could continue to be carried
out on the property as long as they conformed to the requirements of the I-I zone. Once
the nonconforming status ceases, any use of the property must accord with the residential
classification. A rezoning ensures that when the opportunity presents itself, the property will
be brought into accordance with both Iowa City's Comprehensive Plan and the residential
, character of the Longfellow Neighborhood.
4
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WORKS CITED:
City of Iowa City. 1983. Iowa City Zoning Ordinance amended through December 1,
1991. Iowa City, Iowa: City of Iowa City.
Department of Community Development. 1970. SlafT Report to the Planning and Zoning
Commission. Iowa City, Iowa: City of Iowa City.
Euclid v. Ambler Co. 1926. United States Supreme Court.
Iowa. Code of Iowa. 1991. sec. 414.1-414.3.
Keystone Bituminous Coal Assn. v. DeBenedictis. 1986. United States Supreme Court. '
Longfellow Neighborhood Association. 1992. The Long View. Iowa City, Iowa:
Longfellow Neighborhood Association.
Neuzil v. City of Iowa City. 1990. The Supreme Court of Iowa.
5
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it Buill about 1900, No definite
, ,
:date can be established,
I
!Grant Keppler, present-day Iowa
:Cllian, recalls that this factory,
:the Kelley factory, was buill at the
I
:same lime as the Main Factory
I(perfumes, cosmetics, jewelry, -
;Iater the chair factory - in east
powa City), Keppler and his young
friends would inspect the progress
made at both buildings, and he
remembers how small a boy he was
, at the lime,
/2, No Information is available as
i to cost of the building or the con-
,tractor.
I
i 3. Building is 300 feet long by 60
I feet wide, two stories high with a
lsorvice building allhe rear, .
,4, Onginally there were 64 full
. i *lze windows on each side, and a
, 103
. ", ',',' 0#
.... .
Clues
iarge double door, Some of the
windows have since been bricked
up,
5, On the ends, orginally, there
were 10 windows and a iarge
double door,
6, This made a total of 148 windows
but it was not a greenhouse.
7, Old lime Iowa Citians unusally
refer to it as the Kelley factory -
some call it the Kelley Works,
Charles Showers, a longtime iowa
Citian says the official name was
the 0, S. Kelley Western Manu-
facturing Co.
e, The building has always been
serviced with a railroad siding by
the Rock Island,
9, Paui Leuz, another longtime
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resident recalls that Kelley made
thrashing machines and other
farm machinery. Jack Grady,' a
Iife.long Iowa Citian, remembers
that the firm made gasoline en.
gines, including a "one lunger"
with a tank on top for water to cool
the engine. These were stationary
engines. Lee Chopek, who has
always resided in Iowa City reo
members that they manufactured
road-grading equipment and that
Kelley was considered an inventive
genius.
10. Mrs. Thomas Farrel says that
her father, Edward Casey, pur-
chased Kelley gasoline engines to
supplement the windmills on their
Percheron horse farm on the West
Branch road.
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11. Little can be learned about 0, S.
Kelley but ~. H, MaQQard was the
general manager and lived in
Woodlawn at the end of Iowa
Avenue (later R. B, Wylie House),
Maogard Street 'adjaJ;,elll to the
factory is named for him, The sales
manager was Jerry Colbert. No
other executives' names seem
available,
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ceased operalions, or why, It !po
parenUywas 1910 or 1911.
14. The building was next utiliZed
as a sweet corn canning factory.
While some Corn was sold under
the firm's own name it also did
custom work for wholesale grocery
companies with the customer's
own individual label being applied.
15, The manager of the operation
was Paul Reed who was married to
Ann Casey, sister of Mrs. Tom
Farrell, present day Iowa Citian.
16. The factory contracted with
farmers in the immediate vicinity
for a prescribed number of acres,
17, When the corn was "in the
milk" (tender stage) it was piCked
and delivered to a large open shed
resembling a corn crib east of the
main building. Here women. boys
Iland girls husked the corn on a per
/rbushel basis, Cards were punched
as each bushel was dumped on a
moving bell which carried the COrn
to the "culling room" on the se-
cond floor, The "culling ma-
chines" very rapidly cut the Corn
from the cob and it dropped to a I
large mixing tank where sugar was
added and precooking took place,
Vern Bales, present day Iowa Citian,
recalls that he operated the cooking
vat In 1912. Bales recalls that the
corn was then sealed in cans and
placed in huge pressure cookers
where it was thoroughiy cooked,
18.' Your "Look Up" editor also reo
calls the process, haVing worked In
three different departments, husk.
ing, "CUlling", and labeling in 1918.
/'78
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12, Another historicai side slight:
Maggard's name appears in other
Iowa City business activilies, He
was a director in the first Iowa City
Street Car Co. from the Interurban
Depot. at the northwest corner of
Clinton and College Streets to
the end of Rundell Street. where
tiie"compaiii'-6Uiit asemi:oro-base:
ball parK, I no local team was calleo
theiflackSOx'''-
-'-'.'
13, No record can be iocated as
to exactly when the Kelley Factory
104
-..
19, After several dry years in the
1920s the factory discontinued
operations. Few canning factories
exist in Iowa today, One theory for
their disappearance is that tem-
peratures in Iowa are so extremely
hot in August that the length of
time the corn is "in the milk" is
short as compared with Minnesota
where temperatures are a bit less
severe.
,
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.20, Following the corn canning
'factory, the building was utilized
:by a number of businesses -,.Me:.
iNamara Furniture Storjl used it to
:store furniture. Later O.Bri~n I'lpr~
. :tric Co, and Felton Seed Co, shared
:lhe buiiding.-
I
:21. In 1969. the building was taken
lover by Advance Drainage Systems,
ilnc, a manufacturing concern with
ia new concept in drainage of land
land fields, II has replaced the tradi-
!tional clay tiling used for this pur-
,pose,
I
lit Is a black polyethylene tubing of
!di"erent diameters ranging from
Ifour-inch to l8-inch. The four-inch
tdiameter, as an example, comes
!in 250-foot lengths. Larger dia.
:meters are in shorter lengths, The
Ilowa City operation Is equipped to
lmanufacture the four, five, six and
rght-inch tubing.
, :Marty Sixt of Iowa City is one of
;the three organizers and owners of
;the company which now operates
i 17 plants, Other executives at the
! Iowa City operation are Larry Mar.
,tin, chief engineer: Jim Brown,
i dlrector of manufacturing services:
jllld Bill Bream, manager of the
f ~a City operation,
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The tubing is fabricated from a
mixture composed of 98 per cent
polyethylene and 2 per cent carbon
black, the iatter to prevent deteri.
oration by the ultrarays of the sun
prior to the tubing going under-
ground, The polyethylene comes to
the plant in 190,000 pound rail.
road hopper cars. and is drawn
directly to the extruding machine
by vacuum and mixed with the car.
bon black, An intricate process
extrudes the mixture into the con-
tinuous "blow moulding" cylinder
where the tubing is formed, There
are corrugations (like a tread), cir.
cumference.wise, Three cuts in the
tubing are made every inch and a
half to permit entry of the water.
22, Sidelight: Sixt points out that
part of the polyethylene used at
the Iowa City plant is manufactured
at the Champlex Plant in Clinton,
and is made from ethylene gas, a
derivalive of natural gas, Champ lex
stores its ethylene gas in the huge
caves eight miles east of Iowa City,
near Downey, and draws on it as
needed by its own pipeline,
23, The plant operate~ 24 hours a
day, the year around. In winter the
extruders are operated to build
inventory for the heavy demand in
spring, summer and fall, Currently
the plant Is unable to keep up with
orders,
24, At the present time ADS is
starting the remodeling of its of.
fices, building a modern, new entr-
ance: and adding an attractive
facing to the front of the building,
'onuo,v UOPIIOUS lOCI '6u1P/mB
WOI"S 06uu",O pu,u",pv :H3MSNV
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DAVID P. POULA
ATTORNEY AT LAw
4570 RAPIO CREEK ROAO NE
IOWA CIlY, IOWA 52240-7727
PHONE (319) 354-4540
August 20. 1992
Iowa City Planning and Zoning Commission
Tom Scott Chairperson
re: ADS property 1301 Sheridan Ave,
Dear Commission Members:
Although the community members and the City Staff have taken the
position you can "downzone" the ADS property with impunity, it is
my position you and they cannot without creating civil liability
on the part of the neighbors or the taxpayers of the City of Iowa
City.
My client holds a legally binding contract for the purchase of
this property from its current owners.
At the work session Monday it was apparent the whole issue of
rezoning came up as the result of the rumor of the imminent
change of ownership. The conduct of the neighborhood association
in attempting to interfere' in a commercial transaction in the
manner attempted clearly may result in civil liability from all
participants for any and all monetary damages suffered by the
buyer.
It is the petitioners' position and that of the City Staff that
this is simply a repeat of the City of Iowa City vs, Neuzil
lawsuit that taxpayers paid for, The facts of that case do not
apply to this oircumstance, Factually this industrial zone was
existent for decades before single family dwellings grew up
around it, It is and has been used for legal purposes under the
series of zoning ordinances enacted by the City of Iowa City over
the years, In the Neuzil case the property that was down zoned
was real estate property that was in essence as God made it, In
this case the property is not factually in the form as God made
it, I cite but one example of factual difference in the two
circumstances, If this property is downzoned as proposed to RS-B
who is going to pay to remove the thousands of tons of gravel
that overlays the surface of this property and take it to the
landfill? In our projected legal use of I-l zoned property we
would utilize all existing assets including the current surfaces
1
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of the property which are in place,
My client purchased the property to utilize legal land uses as
allowed under the current 1-1 zoning designation, The City of
Iowa City under color of law cannot take current zoning away
because our country and the State of Iowa each have a
constitution which prohibits the taking of private property for
public use without compensation,
If the neighborhood association and the City of Iowa City want
the property for a public park then the City should purchase the
property from my client, The neighborhood aesociation nor the
City of Iowa City can take this property for public use (downzone
it) without paying for the privilege,
I wish to publicly comment on the time schedule the government is
imposing on both ADS and my client. Each received notice of the
Monday night meeting on Monday the 17th, This "push it through
right now" approach is simply not reasonable, I happened to
receive my "package" on a non-business day, Saturday the 15th,
The time constraints the City Staff are imposing on this matter
to push it through channels is impossible to deal with in any
manner other than formality of the forums, I professionally wish
the circumstances were such as to allow discussion and
potentially compromise,
Our propoeed use under existing 1-1 zoning would not increase
school pupils, would not create any sewage, would not utilize any
gas or electrical utilities and would not create but decrease
heavy truck traffic in the area,
You might also remember there is a material apartment complex
spot zoned immediately adjacent to this industrial zone.
,.
The position of our governmental organizations in potentially
creating litigation between private parties concerning a routine
commercial transaction or between those private parties and the
government all at taxpayer expense is eimply not understood by
me.
"(
I urge this body to comply with law and deny the application to
rezone the premises,
Yours very truly,
\ '\) ~p~
Dav~ula
DPP/s
cc: Robert Downer, Esq,
"
/978
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City of Iowa City
MEMORANDUM
To: The Piannlng and Zoning Commission and Staff
From: Marsha Weg Bormann, Assistant City Attorney
L!f/~
Date: August 31, 1992
Re: Nonconforming Use of the property located at 1301 Sheridan Avenue if the City approves
the pending application for rezoning
ISSUE
Whether Advanced Drainage Systems (hereinafter "ADS") or a subsequent purchaser of ADS' , !
property can resume manufacturing operations on the property located at1301 Sheridan Avenue
II the City rezones that area from a General Industrial zone (1.1) to a Medium Density Single-
Famliy Residential zone (RS,S),
CONCLUSION
lithe City rezones ADS' property, administrative offices and storage would constitute the legal
nonconforming use for the property unless ADS resumes manufacturing operations prior to the
effective date of the rezoning,
BACKGROUND
John Shaw, Jill Smith, and Barbara Ludke, on behalf of the Longfellow Neighborhood
Association, have filed an application requesting the City to rezone a 5 acre parcel of land
located at 1301 Sheridan Avenue from 1.1 to RS.S, ADS, the current owner of the property,
previously used the land for a variety of Industrial uses Including a gas station, bulk 011 storage
and the manufacture of farm machinery, construction machinery and gasoline engines,
At the public hearing on August 20, 1992, ADS' attorney stated that ADS has ceased
manufacturing operations and currently uses the site for Its administrative offices and storage,
In 1990, the City Assessor reclassllled ADS' use of the property as commercial rather than
Industrial. In addition, ADS' assessment no longer Includes machinery or equipment because
those Items were removed from the premises In 1989, Finally ADS' attorney has stated that ADS
would need to bring In new equipment and machinery In order to resume Its manufacturing
operations,
DISCUSSION
Property owners and subsequent purchasers of rezoned property may continue a
/978
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nonconforming use which exists af the time a zoning decision becomes effective, See SA
EUGENE MCQUILLIN, THE LAW OF MUNICIPAL CORPORATIONS ~ 25,181 atl1 (3rd Ed, 1986),
The party asserting a nonconforming use bears the burden of establishing, by a preponderance
of the evidence, "the lawful and continued existence of the use," Cltv of Jewell Junction v.
Cunnlnaham, 439 N,W,2d 183, 186 (Iowa 1989), The burden then shifts to the City to establish
that the party's use of the property violates the zoning ordinance by exceeding the established
nonconforming use, Citv of Jewell Junction, 439 N,W,2d at 186,
The use of the property on the date when a zoning change becomes effective sets the
standard for determining whether a challenged use exceeds the established nonconforming use,
Cltv of Central Cltv v. Knowlton, 265 N.W,2d 749, 754 (Iowa 1978),
The key Is that the present use must not be "substantlallv or entlrelv
different" from the orlalnal use, In that respect, "not every change In
particulars or details In the method of a nonconforming use or In equip-
ment, object or processes, In connection therewith constitutes an
unauthorized change In the use," To Illustrate, "a manufacturing use
relative to one product may be changed to the same use as to another
product" and "a storage use as to one commodity may be changed to
such use as to another commodity," The auesllon is whether the current
use is different in kind in its effect upon the surroundlna area, McQuillin,
~ 25,202, at 90-91 ,
Cltv of Jewell Junction, 439 N,W,2d at 186.187 (emphasis added),
The evidence clearly established administrative offices and storage as the existing use on this
property, During the last public hearing on this application, ADS' attorney stated that ADS has
ceased manufacturing operations and currently uses the property for offices and storage
purposes, In 1990, the City Assessor reclassified ADS' use of the property from Industrial to
commercial. In addition, ADS' tax assessment no longer Includes an assessment for machines
and equipment which are necessary for a manufacturing operation, Thus, unless ADS
Immediately resumes manufacturing operations, administrative offices and storage would clearly
be the established nonconforming use If the City rezones the property. That use then becomes
the standard for determining whether other uses exceed the established nonconforming use, A
manufacturing use substantially differs from offices and storage and clearly "Is different In kind
In its effect on the surrounding area," Cltv of Jewell Junction, 439 N,W,2d at 187, A resumption
of manufacturing following rezoning of the property would, therefore, Illegally expand the
established nonconforming use.
If ADS resumes manufacturing operations prior to the effective date of the rezoning, however,
manufacturing would be the established nonconforming use, Although ADS' attorney stated that
ADS would need to bring In additional equipment prior to resuming manufacturing operations,
It Is possible that manufacturing could become the established nonconforming use for the
property If the new equipment could be Installed and put Into operation prior to the City Council's
final decision on this rezoning request.
One final question arises with respect to whether any attempt to resume manufacturing
operations would be stayed pending resolution of this rezoning application, See, 36'88(d) of the
Code of Ordinances of the City of Iowa City, Iowa, provides that:
/9'1
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No building permit for the erection of any building or structure or license
or permit for the conduct of any use shall be Issued for a period of 60
days after the City Council of Iowa City has set a public hearing on the
question of amending the Zoning Ordinance and map so as to rezone and
area, If the building or use contemplated by the request permit would not
be permitted In that area under the proposed zoning classification.
In order to Install new equipment or resume manufacturing, ADS may need to apply for a building
permit or for a certificate of occupancy under Sec. 36,86, Code of Ordinances of the City of Iowa
City, Iowa, ADS has not submltled a request for a permit or a new certificate of occupancy at
this time, Whether ADS would indeed need to apply for a permit prior to Installing the equipment
needed to resume manufacturing cannot be determined without additional Information regarding
the equipment needed to resume manufacturing and the ability of the existing structure to
accommodate that equipment. Slmllariy, additional Information would be required in order to
make a determination regarding whether ADS could resume manufacturing without obtaining a
new certificate of occupancy,
In conclusion, If ADS' use of the property does not change prior to rezoning, offices and
storage would clearly stand as the established nonconforming use, While It Is clear that a
resumption of manufacturing prior to rezoning would make manufacturing the nonconforming
use, it Is not clear whether ADS could feasibly resume manufacturing In such a short time frame
or whether any attempts to resume manufacturing would be stayed pending resolution of this
application since more facts are needed In order to make that determination.
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Stephen & lan Locher
505 Clark Street
Iowa City, Iowa 52240
319-354.6260
September 16, 1992
Naomi Novick
306 Mullin Ave
Iowa City, 1A 52246
Dear Naomi,
We are writing to urge you to vote in support of the
recommendation of the Planning and Zoning Commission to rezone
the current ADS property on Sheridan Avenue from 1-1 (industrial
use) to RS.8 (medium density residential).
We feel that the current industrial zoning in this residential
neighborhood is no longer appropriate. The past and current
industrial uses of this property have caused significant
inconvenience for families residing nearby. The noise and traffic of
such operations are incompatible with family homes, small school
children, and residential quality roads,
Recent plans by ADS to sell this property make this time ideal for
rezoning the property to uses more compatible with the future of
this residential neighborhood,
Thank you for your attention to these concerns,
Sincerel~1 ~/~
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NOTICE OF PUBLIC HEARING
Nellco Ii horoby glvon that a public hoaring will bo hold by
tho City Councll 01 Iowa City, Iowa, at 7:30 p,m. on tho 15th day
01 Septombor, 1992, Inlho C/vIcContorCouncil Chambors, 410
E. Waahlnglon Stroot, Iowa City, Iowa; at which hoaring tho
~ncil will consldor tho following homa:
1," An Ordinanco rozonlng a portion of the Advancocl
Drainage Systom (ADS) proporty locatlld al1301 Shoridan
O Avonuo from 1-110 RS.S.
2. An Ordinance vacating portions of Dubuque Road.
Copios of the proposod Oidlnancos are on file lor publlo
oxamlnation in the office of ths Chy Cieri<, Civic Center, Iowa
City, Iowa, Persons wishing to make their views known for
Council consideration are oncouraged 10 appear at lho above,
mentioned time and place,
MARIAN K. KARR, CITY CLERK
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Stephen J. Atkins
Cily Manager
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
Dear Steve:
it Is our understanding that the next step in the process of advancing ACT's land development
plan Is a Public Hearing scheduled by the City Council for Tuesday, September 15.. As a
result of the September 3 decision of the City Planning and Zoning Commission, ACT requests
that the Public Hearing scheduled by the City Council be deferred until such time as the fuil
implications of the Planning and Zoning Commission's action can be considered, .
Please thank the Mayor and Council Members for their favorable consideration of this
request.
Sincerely,
~~ P.h, J"
Vice President
JBP/sg
cc: Richard L, Ferguson
2201 Norlh Dodge Stroet, P.D, Box 168
Iowa Clly, lowo 52243
(319) 337,1000
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ORDINANCE NO,
AN OROINANCE VACATING PORTIONS OF OUBUQUE ROAD
RIGHT-OF,WAY,
WHEREAS, the portion of the right,of,way described below
is not necessary to provide public access to properties in the
area; and
WHEREAS, the City will retain easements for any existing
utilities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION I, VACATION. The City of Iowa City hereby
vacates those portions of Dubuque Road legally described as
follows:
Part of the west half of Section I, Township 79 North,
Range 6 West of the Fifth Principal Meridian and a part
of the southwest quarter of Section 36, Township 80
North, Range 6 West of the Fifth Principal Meridian more
particularly described as follows:
Boginning at the northeast comer of the west half of
said Section 1; thence South 00'67'06' West along the
easterly line of the west half of said Section 1,24,85
feet te a point on the southerly right,ol,way line of
Dubuque Road; thence North 88'45'47"Westalong said
right,of.way line 970,00 feet to a point; thence South
71045'01' West along said right,of,way line 15B.51
feet to a point; thence North 89029'37' West along said
right,of,way line 118,53 feet to a point; thence North
89054'02' West along said right'of,way line 212.94
feet te a point of curvature; thence southwesterly
343.13 feet along a 709'foot radius curve, concave
southeasterly to a point of tangency; thence South
43023'29' West along said right,of,way line 379.58
feet to a point; thence South 46048'OO'West along said
right,of,way line 499,75 feet to a point; thence South
60035'27' West along said right,of,way line 102.21
feet to a point; thence North 43004'00' West 57.97
feet to a point; thence South 41 '19'42' West 183,05
feet to a point; thence North 32'36'36' East 260.B9
feet to a point; thence North 45'35'25' East 234.98
feet to a point; thence North 25'01'51' East 360.34
feet to a point; thence 67048'18' East 671.04 feet to
a point 01 curvature; thence northeasterly 308,08 feet
along a 764,joot radius curve, concave southerly to a
point; thence North 69020'15' East 557.49 feet to a
point; thence South 87'22'30' East 600.00 feet to a
point; thence South 80031'56' East 119,38 feet to a
point; thence 00'57'08' West 184.30 feet to the Point
of Beginning. Said parcel herein described contains
10.23 acres more or less and is subject to existing
easements and restrictions of record,
Also:
Commencing at the west quarter corner of Section I,
Township 79 North, Range 6 West of the Filth Principal
Meridian; thence North 00015'01' East 775,84 feet
along westerly line of said Section 1 to the Point' of
Beginning; thence South 76'35'55~ West 135.00 feet
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Ordinance No.
Page 2
to a point of curvature; thence 308.73 feet along a
480,80,foot radius curve; concave northwesterly to a
point; thence North 88'56'15' West 52,73 feet to a
point; thence North 00' 15'01" East 7.00 leet to a point;
thence North 22'39'37" West 72.09 feet to a point;
thence South 88'56'15' East 82,18 feet to a point of
curvature; thence 657,79 leet along a 407,80,Ioot
radius curve, concave northwesterly to a point; thence
North 02'59'27" West 165,24 feet to a point of
curvature; thence 157,98 feet along a 510,50,foot
radius curve, concave easterlv to a point; thence North
00' 15'01' East 102,27 feet to a point; thence South
64'47'30" East 23.66 feet to a point; thence North
41'19'42" East 183.05 feet to a point; thence South
43'04'00' East 57.97 feet to a point 01 curvature;
thence 377.18 feet along a 444,50,loot radius curve,
concave southeasterly to a point; thence South
02'59'27" East 152,56 feet to a point of curvature;
thence 254,82 feet along a 473.80,foot radius curve,
concave westerly to a point; thence South 00'15'01'
West 125.93 leet to the Point of Beginning. Said parcel
contains 2.70 ares more or less.
SECTION IV. REPEALER. All ordinances or parts of
ordinances in conflict with the provisiens 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 a,djudication 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
full force and effect from and after its final passage, approval
and publication, as provided by law.
Passed and approved this
MAYOR
A TIEST:
CITY CLERK
Approved by
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Jeff Davidson
Item: VAC 92-0002, Dubuque Road Right-of-Way Date: August 5. 1992
GENERAL INFORMATION:
Applicant:
American College Testing Program of
Iowa City
Requested ection:
Vacate a portion of Dubuque Road
right-of-way,
Purpose:
To vacate the public access right of
Dubuque Road within the boundary of
ACT property,
Location:
Dubuque Road extending from the
western ACT property line to the east-
ern ACT property line,
Size:
Approximately 12,79 acres.
Surrounding land use and zoning:
North - Office/Research; ORP.
South - Office/Research; ORP,
East - Undeveloped; ID,ORP,
West - Rural Residential; RR-1, RS-5,
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,:
SPECIAL INFORMATION:
Public utilities:
Sanitary and storm sewers extend
through the subject right-of-way, Iowa,
Illinois utilities extend through the sub-
ject right-of-way,'
Streat access:
The portion of Dubuque Road for which
the vacation is raquested provides
access to ACT property,
BACKGROUND:
American College Testing (ACT) will be making application for praliminary and final Large
Scale Nonresidential Development plan approval. to permit initiation of a comprehensive
developmant plan for 250 acres of property in northeast Iowa City, This Includes
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approximately 100 acres in the vicinity of the existing ACT campus area which Is planned for
expansion of ACT's facilities, ACT currently has 190,000 square feet of office space on the
site, The development plan provides for the long-term addition of up to 450,000 square feet
of office space,
In conjunction with this davelopment pian, ACT has coordinated with the City in the establish-
ment of a street network for northeast Iowa City which includes their property. This includes
two specific elements: (1) the vacation and disposition of Dubuque Road through ACT
property to accommodate ACT's development plan, and (21 estabiishment of an arterial-
collector street system which will serve ACT property as well as the remainder of this
daveloping area, If the vacation of Dubuque Road is accompiished, the City and ACT have
agreed to enter into an agreement under which the Dubuque Road right-of,way will be
conveyed by quit claim deed to ACT, in exchange for ACT dedicating to the City portions of
the projected extension of First Avenue and the new east-west arterial street which occur on
their property,
ANALYSIS:
The portion of Dubuque Road proposed for vacation contains 25' wide PCC paving from
ACT's west property iine to just north of their loading dock, The remainder of Dubuque Road
to ACT's east property line has a crushed rock surface, Right-of-way varies from 66' to 275'
through the corridor,
Dubuque Road in this vicinity is serving two principal functions. It primarily functions as a
local street in providing access to adjacent properties. In addition, in spite of its unimproved
surface beyond the ACT campus, it is also maintaining some arterial street function, The
arterial street function is from traffic circulating between Rochester Avenue and North Dodge
Street. 1992 average daily traffic on the portion of Dubuque Road between Rochester
Avenue and the ACT campus is 560. (NOTE: For the purpose of this discussion, "Dubuque
Road" is intended to include the entire unimproved road between the ACT campus and the
intersection of Scott Boulevard and Rochester Avenue,)
Dubuque Road between Rochester Avanue and the ACT campus has some arterial street
function because of the lack of arterial streets in northeast Iowa City, Persons traveiing
between east and northeast Iowa City may elect to use Dubuque Road rather than travel up
to 2Y, miles west to use the Governor/Dodge one-way pair, The steep grades and rural cross
section of Dubuque Road raises safety concerns. Residents of the area have testified pubiicly
about the hazards to motorists on Dubuque Road, especially in the winter, In 1990 five traffic
accidents were reported on Dubuque Road between ACT Circle and Rochester Avenue,
including incidents which involved personal injuries, There was one fatality on Dubuque Road
north of Rochester Avenue In the late 19BOs,
The Governor/Dodge one-way system and North Dodge Street can accommodate the vehicles
which would be diverted from Oubuque Road if it was vacated, with iittle change in traffic
service, The JCCOG Arterial Street Plan for the Iowa City Urbanized Area indicates the only
existing capacity problems In this area are on Dodge Street between Governor Street and the
Hy-Vee, A capital improvement project is currently being evaluated to alleviate this condition.
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The remainder of the corridor is under capacity. Capacity problems are projected for the
remainder of Dodge Street in the ten to twenty year forecast period, These will be mitigated
if First Avenue is extended from its existing terminus to North Dodge Street.
The following criteria should be examined when considering a proposal to vacate a public
street.
1, Will the vacation of the street be to the detriment of vehicular or pedestrian circulation?
The vacation of Dubuque Road will result in a vehicular circulation pattern which
increases travel times for those persons currentiy using Dubuque Road, but will displace
them to streets which are of a safer design, The vacation of Oubuque Road may
improve conditions for pedestrians in the area, In that it will reduce the number of motor
vehicles on Dubuque Road, Pedestrian travel by the general public is not significant in
this area, ACT has stated that the vacation will improve pedestrian circulation in their
campus area,
2, Will the proposed vacation interfere with the rights of access to any private property?
The vacation will not deny access to any private property. The vacation will interfere
with access to private property in that It will eliminate one access option to and from
this area. This has been stated es a concern by property owners in the vicinity, ACT
has stated they will attempt to work out access agreements with farm families in the
area, Individual property access points are shown on an attached figure,
3, Will the proposed vacation inhibit access for fire protection or other emergency services,
or Interfere with utility lines? The proposed vacation will eliminate one means of access
for emergency vehicles to the area of Dubuque Road beyond ACT's campus.
Emergency vehicles will continue to access the area via Rochester Avenue, The
Dubuque Road right-of-way contains City of Iowa City and Iowa-Illinois Gas & Electric
utility lines, An agreement will be needed to preserve access to these utilities,
4, Will the proposed vacation eliminate or reduce open space which might feasibly be used
by the public? No public organization has expressed interest in the Dubuque Road right-
of-way in the vicinity of the ACT campus,
5. Will the proposed vacation eliminate street space adjacent to a public facility? No,
6, Will the proposed vacation eliminate street space that has formed the basis for creation
of a lot or construction or occupancy of a building, according to standards that would
be vIolated by discontInuance of the street? No,
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7, Will the proposed vacation result in reduction of street space in areas of high building
intensity, without provision of new open space in the same area? The proposed
vacation is not in an area of high building intensity, and will not result in the reduction
of public open space,
8, Will the proposed vacation remove significant natural features, or occur to the detriment
of the character of the surrounding development? ACT has stated that vacation of
Dubuque Road will enable them to move forward with their long-range development plan
which will preserve significant natural features of the surrounding area. This area Is
currently developed for office and research park uses, so the proposed development will
not be detrimental.
9, Will the proposed vacation cause adverse effect upon any element of the Comprehen.
sive Plan or upon any other plan of the City? ACT's proposed development plan,
including the vacation of Dubuque Road, is consistent with the Iowa City
Comprehensive Plan and is not known to be adverse to any other plan of the City,
10. Will the vacation of the street cause a situation where the development of the property
of which it would become part is unknown? The development of the property of which
the Dubuque Road right'of-way would become part will be detailed in ACT's LSNRD
plan,
11. Is the vacation necessary for a redevelopment project involving assembly of a large site,
In which a new and improved street pattern would be substituted for the existing street
pattern? The proposed street vacation is consistent with the plan for a northeast Iowa
City arterial-collector street system which is detailed in the JCCOG Arterial Street Plan
for the Iowa City Urbanized Area, The JCCOG street plan has been adopted into the
Iowa City Comprehensive Plan,
12, Will the street vacation enable the furtherance of a development project where the
existing street pattern does not fulfill the requirements of a modern development? ACT
has stated that the vacation of Dubuque Road will enable them to go forward with their
long-range development plan, They have stated that denial of the vacation will put the
development plen in jeopardy.
STAFF RECOMMENDATION:
ACT's development plan, including the proposed vacation, is consistent with the iowa City
Comprehensive Plan, It will facilitate the construction of an arterial,collector street system
adequate to serve the developing area in northeast Iowa City, The vacation will inconvenience
motorists who are currently using Dubuque Road to travel between Rochester Avanue and
North Dodge Street, however, it will relocate them to streets which are of safer design,
Access will not be denied to private property owners in the area, although traveltime will be
increased because of access across ACT property being eliminated, ACT has stated they will
attempt to work out critical farming access issues,
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For these reasons, staff recommends the Dubuque Road right-of-way between ACT's west
property line and east property line be vacated, provided utility easements are retained over
the vacated right-of-way,
ATTACHMENTS:
1. Location Maps,
Approved by:
Karin ranklin, irector
Oe rtment of Planning and
Community Development
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PROPOSED ARTERIAL STREET EXTJ:NSIONS
NORlllEAST IOWA CITY
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LOCATION OF ACCESS POINTS
FOR PROPERTY AFFECTED BY
PROPOSED VACATION OF
DUBUQUE ROAD
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September 1, 1992
h IOWA CITY
~ AREA
M ~ CHAMBER OF
~ COMMERCE
325 E, Washington
P,O, Box 2358
Iowa City, Iowa 52244
319-337-9637
Ms, Ann Bovbjerg
1710 Ridge Road
Iowa City, Iowa 52245
Dear Ann,
On August 27,1992 the Iowa City Area Chamber of Commerce voted overwhelming to
support the development of the Office & Research Park Zone along North Dodge Street.
More specifically, the Board vot8d to support the continued development of American
College Testing,
Though the Chamber wants the expeditious consideration and passage of A.C.T.'s current
proposal before the City of Iowa City Planning & Zoning Commission, we also support
proper regard for the rights of all individual property owners and encourage resolution of
local conflicts by the specific parties involved, To this end, we encourage establishment
of a timetable, by the City of Iowa City, for extension of Scott Boulevard and development
of an east-west arterial connection between Dodge Street and Scott Boulevard,
The Chamber of Commerce feels strongly that economically speaking a lot is at stake for
our community, The Iowa City Area Chamber of Commerce hopes that we can all work
together to foster a strong working relationship among all parties involved to take
advantage of an opportunity to serve the best interests of the citizens of our community,
Sincerely,
~l.k\...I3a.J..I~
Jdhn Balmer
President
Enclosure
Serving dle Iowa City,
Coralville, ~nd
Johnson County Area
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A,C,T, DEVELOPMENT POSITION STATEMENT
Iowa City Area Chamber of Commerce
August 27, 1992
We support the development of the Office and Research Park Zone along North Dodge
Street. More specifically, we support the continued development of American College
Testing, one of Iowa City's key corporate citizens, We also support proper regard for
rights of all individual property owners, and encourage resolution of local conflicts by the
specific parties involved. We encourage the expeditious consideration and passage of
A,C,T.'s current proposal before Planning and Zoning. If appropriate and acceptable to
the local parties involved, the Chamber is available to facilitate the resolution of access
conflicts arising from the proposed development.
Concurrently, we encourage establishment of a timetable, by the City, for extension of
Scott Boulevard and development of an east-west arterial connection between Dodge
Street and Scott Boulevard. Development of these streets will truly serve the Interests
of the residents, both individual and corporate, In and adjacent to the Office and Research
Park Zone; as well as the, interests of a large portion of Iowa City residents who travel
between this area and easllowa City.
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GROUP
September 2, 1992
Mr, Tom Scott,Chairman
Planning &' Zoning Commission
, 410East Washington St.
, Iowa City, IA 52240' ,
, ,.' Dear Mr, Scott:
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, The IowaClty Area Development Group Is very supportive of AIllerlcan College,', '
, Testing's expansion plans, ACT Is 'one of the areas largest employers andasa
corporate headquarters also brings national attention to our area, ,ACT's
" expansion will brIng more well-paying jobs and new people 'to ,our communities,
Thls'ls a very exciting development for the area and will facmtate' continued, '
economic growth for our area,
cc: lCAD Board of Directors
IOWA CITY AREA DEVELOPMENT GROUP, INC.
325 E. Washington, Suite 100, P,O, Box 2567, Iowa City, IA 52244
(319) 354-3939 Fax (319) 338-9958
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City of Iowa City
MEMORANDUM
To: The Planning and Zoning Commission
From: Linda Newman Gentry, City Attorney, and Marsha Weg Bormann, Assistant City Attorney
Date: September 3, 1992 ~____ vf)~~Q.....;
Re: Planning and Zoning Commissions Questions regarding the Agreement between American
College Testing (ACT) and the City of Iowa City,
The Planning and Zoning Commission has requested that the City Attorney's Office answer the
following questions pertaining to the Agreement between the City of Iowa City and ACT.
1. What is the status of the Planning and Zoning Commission's recommendations regarding
the vacation of Dubuque Road (Seven Sisters Road) and approval of ACT's preliminary
LSNRD plan If the City signs the Agreement?
Execution of the Agreement between the City and ACT generally does not affect the
status of the Planning and Zoning Commissions recommendations regarding vacation of
Dubuque Road (Seven Sisters Road) or ACT's LSNRD plan, The City Council will treat
the Commission's recommendations on these Issues as they would treat the
Commission's recommendations on any other application. As with any application, It Is
within Council's discretion to reject the Commission's recommendations after considering
those recommendations, the staff report, and any Information presented at the public
hearing, II the Council declines to follow the Commission's recommendations, however,
past policy ordinarily requires that the City Council meet with the Commission to discuss
that application,
The Agreement between the City and ACT does not obligate the Commission to vote to
vacate Dubuque Road (Seven Sister's Road) or to approve ACT's LSNRD plan, Thus, a
recommendation that the City deny ACT's applications does not vitiate the Agreement.
The only recommendation of the Commission which would arguably be "contrary" to the
Agreement would be a recommendation obligating ACT to share the expense of
constructing either First Avenue extended or an east-west arterial, But again, the
Commission's recommendations are advisory to the Council, but are not binding on the
Council, If you choose to recommend such conditions, the Council will receive them,
review them and vote on them,
2. What effect will denial of vacation have on the Agreement, e,g, void It?
Failure of the Commission to recommend vacation of Dubuque Road (Seven Sisters
Road) would not automatically void the Agreement. Either party has the right to request
a rescission of the Agreement, but rescission must be mulual,
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In any event, the Commission's authority under ~ 27.17(4), Iowa City Code of Ordinances,
Is to make recommendations, You should concentrate on giving your best advice on the
vacation question, since that Is what the Council will be reviewing, Your
recommendations are quite separate and apart from the Council's obilgailons under the
Agreement.
Ills important that ACT's application for vacation be determined on the merits of the
application without regard to the effect that recommendation mayor may not have on the
Agreement between the City and ACT, Neither ACT or the City has executed the
Agreement at this time, If the parties believe that the failure to vacate Dubuque
significantly affects the Agreement so that they no longer rec/eve the benefit of the
bargain, they may mutually agree to rescind the Agreement or elect to negotiate a new
Agreement.
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