HomeMy WebLinkAbout1993-11-23 Public hearing
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NOTICE OF PUBLIC HEARING
Notice Is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 23rd day of
November. 1993, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa: at which hearing the Council will
~nslder the following Items:
o An ordinance amending the Zoning
Ordinance by conditionally changing the
u~a regulations 01 an apprOXim8i& 7.86
acre tract of land located at 2312
Muscatlne Avenue ITowncrest Mobile
Home Courtl from RFBH, Factory Built
Housing Residential, to CC.2, Community
Commer~lal.
2. An ordinance amending the Zoning
Ordinance by changing the requirements for
hard. surfaced driveways that are accessed
via an unpaved alley.
Copies of the proposed ordinances are on file
for public examination In the office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above.mentioned time and place.
MARIAN K, KARR, CITY CLERK
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF 7.86 ACRES OF
LAND LOCATED AT 2312 MUSCATINE
AVENUE, IOWA cn:y, IOWA, FROM RFBH,
RESIDENTIAL FACTORY BUILT HOUSING, TO
CC.2, COMMUNITY COMMERCIAL.
WHEREAS, Towncrest Mobile Home Court
and Sales Co" Inc., the Owner, and First
Muscatlne Properties Inc., the Contract
Purchaser Iherelnalter 'appllcant'l have
requested that the City rezone 7.86 Acres of
Land located at 2312 Muscatine Avenue,lowa
City, Iowa, from RFBH, Residential Factory
Built Housing, to CC.2, Community
Commercial: and
WHEREAS, the subject property Is located
adjacent to an existing area of commercial
development: and
WHEREAS, the City deems it appropriate to
expand the existing commercial area If the
applicant provides buffering between the
proposed commercial use and adjacent
residential uses and if concerns regarding
traffic Improvements, the provision of
alternative housing for the current tenants of
the mobile home court, and site design can be
addressed: and
WHEREAS, Iowa law provides that the City
of Iowa City may Impose reasonable conditions
on granting applicant's rezoning request, over
and above existing regulations, to satisfy public
needs directly caused by the requested change:
and
WHEREAS, the City wants to ensure that
adjacent streets can accommodate traffic
generated from the proposed commercial use of
the property and to ensure a proper transition
between the proposed commercial use of the
subject property and adjacent residential uses;
and
WHEREAS, the applicant has agreed to the
terms and conditions of the Conditional Zoning
Agreement, allached hereto and Incorporated
by this reference: and
WHEREAS, the applicants acknowledge
that the terms und conditions contained In the
Conditional Zoning Agreement are reasonable
to Impose on the .Iand under Iowa Code
1414.5119931 and satisfy public needs directly
caused by the requested zoning change: and
WHEREAS, In voluntary cooperation with
the City, the applicant offered to provide partial
funding for a program to assist the current
tonants of the area to secure alternative
housing.
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Ordinance No.
Page 2
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NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. APPROVAL. Subject to the terms
and conditions of the allached Conditional
Zoning Agreement as authorized by 1414.5,
Code of Iowa 119931, the property legally
described below Is hereby reclassified from Its
present classification of RF8H, Residential
Factory 8ullt Housing, to CC.2, Community
Commercial.
Commencing at a point 3;52 chains East of
the southwest' corner of the NW 1/4 of Sec.
13, Twp, 79 N., R. 6 West of the 5th P.M,
thence east 269.2 feet, thence north parallel
with the west line of said Section 1321 feet,
thence northwesterly 269.8 feet to a point
1352 feet due north of the beginning, thence
south 1352 feet to the place of beginning,
containing 8.26 acres, more or less, except
commencing 1081 feet north of a point 3.52
chains east of the southwest corner of the said
NW 1/2 of Section 13, thence north easterly to
a point in the north line of the tract above
described, that is 19.1/2 feet easterly from the
northwest corner of said tract, thence
northwesterly 19'1/2 feet to a point that Is
271 feet due north of point of beginning,
thence south to point of beginning, subject to
the public highway off the south and thereof.
The East 12 feet of the South 418 feet of
the following described property: Beginning at
a point on the West line of the NW 1/2 of Sec.
13, Twp. 79 N, R, 6 West of the 5th P.M. said
point being on the South line of the right of
way of the Chicago, Rock Island and Pacific
Railway, thence South 28.49 chains to the
center of the Bloomington Road: thonce East
along said center of said road 3.52 chains;
thence North 28.49 chains to the South line of
the right of way of the Chicago Rock Island and
Pacific Railway: thence west along said right of
way 3.52 chains to the place of beginning.
EXCEPTING THEREFROM THE FOLLOWING:
8eglnnlng at a point 33.0' North and
232,32' East of the Southwest corner of the
Northwest Quarter of Section 13, Township 79
North, Range 6 West of the 5th P.M" thence
East 1 00' along said right of way: thence North
0056' East 100'; th'ence West 100';' thence
South 0056' West 100' to the point of
beginning: together with an easement for
Ingress and egress over the following described
property.
Beginning at a point 33' North and 332.32'
East of the Southwest corner of Northwest
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Ordinance No,
Page 3
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Quarter of Section 13, Township 79 North,
Range 6 West of the 5th P.M., thence East
30': thence North 0056' East 130': thence
West 80'; thence South 0056' West 30' to the
North line of the above described property:
thence East 50' to the NE corner of the above
described property; thence South 0056' West
to the point of beginning.
SECTION II. ZONING MAP. The Building
Inspector Is hereby authorized and directed to
change the zoning map of the City of Iowa
City, Iowa, to conform to this amendment upon
the final passage, approval and publication of
this Ordinance as provided by law.
SECTION III. CERTIFICATION AND
RECORDING. The Mayor Is hereby authorized
and directed to sign, and the City Clerk to
allest, the allached Conditional Zoning
Agreement. The City Clerk is further
authorized and directed to certify a copy of this
Ordinance and the Conditional Zoning
Agreement which shall be recorded by the
applicant at the Office of the County Recorder
of Johnson County, Iowa, upon final passage
and publication as provided by law.
SECTION IV. REPEALER. All ordinances and
parts of ordinances In conflict with the
provision of this Ordinance are hereby repealed,
SECTION V. SEVERABILITY. If any section,
provision or part of this Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or
unconstitutional.
SECTION 'II. EFFECTIVE DATE. This
Ordinance shall be In effect after Its final
passage, approval and publication, as required
by law.
Passed and approved this
MAYOR
ArrEST:
CITY CLERK
Approved by
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DRAFT BASED ON STAFF'S RECOMMENDATIONS AND APPLICANT'S OFFER
REGARDING RELOCATION ASSISTANCE AND INTERSECTION IMPROVEMENTS
DRAFT
DRAFT
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT Is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City"), Towncrest Mobile Home Court and Sales Co. Inc. (hereinafter "Owner") and
First Muscatlne Properties Inc, (hereinafter "Applicant").
WHEREAS, the Applicant has contracted to purchase the property located at 2312 Muscatlne
Avenue, Iowa City, Iowa; and
WHEREAS, Applicant, as contract purchaser and Owner, as legal title holder, have requested
the City to rezone the 7.86 acres 01 land located at 2312 Muscailne Avenue, Iowa City, Iowa, Irom
RFBH, Residential Factory Bulit Housing, to CC,2, Community Commercial; and
WHEREAS, Iowa Code ~ 414,5 (1993) provides that the City 01 Iowa City may Impose reasonable
conditions on granting the rezoning request, over and above existing regulations, to satisfy public
needs directly caused by the requested change; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to
ensure appropriate commercial development adjacent to residential neighborhoods In Iowa City
and ensure adequate traffic circulation.
NOW, THEREFORE,ln consideration of the mutual promises contained herein, the Parties agree
as lollows:
1. Towncrest Mobile Home Court Is the owner and legallitle holder 01 the property located at
2312 Muscatlne Avenue, Iowa City, Iowa, legally described as lollows:
Commencing at a point 3,52 chains East of the southwest corner 01 the NW 1/4 of Sec.
13, Twp. 79 N., R. 6 West 01 the 5th P,M. thence east 269,2Ieet, thence north parallel with the
west line of said Section 13211eet, thence northwesterly 269,8leetto a point 13521eet due
north 01 the beginning, thence south 1352 leetto the place 01 beginning, containing 8,26
acres, more or less, except commencing 1081 leet north 01 a point 3,52 chains east 01 the
southwest corner 01 the said NW 1/201 Section 13, thence north easterly to a point In the
north line of the tract above described, that Is 19,1/21eet easterly Irom the northwest corner
01 said tract, thence northwesterly 19-1/2Ieet to a point that Is 2711eet due north 01 point 01
beginning, thence south to point 01 beginning, subject to the public highway off the south and
thereof.
The East 121eet 01 the South 4181eet 01 the lollowing described property: Beginning at
a point on the West line of the NW 1/2 01 See, 13, Twp, 79 N. R. 6 West 01 the 5th P,M. said
point being on the South line 01 the right 01 way 01 the Chicago, Rock Island and Pacific
Railway, thence South 28.49 chains to the center of the Bloomington Road; thence East along
said center of said road 3.52 chains; thence North 28.49 chains to the South line 01 the right
of way 01 the Chicago Rock Island and Pacific Railway; thence west along said right 01 way
3,52 chains to the place of beginning,
EXCEPTING THEREFROM THE FOLLOWING:
Beginning at a point 33.0' North and 232,32' East 01 the Southwest corner 01 the
Northwest Quarter 01 Section 13, Township 79 North, Range 6 West of the 5th P,M" thence
East 1 00' along said right 01 way; thence North 0'56' East 1 00'; thence West 1 00'; thence
South 0"56' West 1 00' to the point of beginning; together with an easement lor Ingress and
egress over the lollowlng described property.
Beginning at a point 33' North and 332,32' East 01 the Southwest cornet of Northwest
Quarter of Section 13, Township 79 North, Range 6 West 01 the 5th P,M., thence East 30';
thence North 0'56' East 130'; thence West 60'; thence South 0'56' West 30' to the North line
of the above described property; thence East 50' to the NE corner of the above described
property; thence South 0'56' West to the point of beginning,
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2. Applicant Is contract purchaser and equitable title holder of the property,
3, Applicant and Owner acknowledge that the City wishes to ensure appropriate commercial
development adjacent to residential neighborhoods and adequate traffic circulation, and
therefore, agree to certain conditions over and above City regulations to lessen the impact of
the commercial development on the area,
3, In consideration of the City's rezoning the subject property from RFBH, Residential Factory
Built Housing, to CC'2, Community Commercial, the Applicant and Owner agree that develop.
ment and use of the subJect property will conform to the requirements of the CC-2 Zone, as
well as the following additional conditions:
a, Applicant and Owner will grant access easements across the subject property to owners
of the James and Hansen properties to provide access to First and Muscatine Avenues,
b. The applicant will relocate the curb cut and driveway on Muscatine Avenue to align with
Wade Street, If and when the James property to the west redevelops.
c. Applicant and Owner will dedicate an addltlonal71\2 feet of right,of,way for First Avenue
and additional 7 feet of rlght,or,way for Muscatine Avenue,
d. The Director of Planning and Community Development must approve a concept plan,
Including building elevation drawings and a landscaping plan prior to site development.
The concept plan shall Include provisions for landscape buffers between the proposed
development and the existing residential development to the north and east of the subject
property.
e. Applicant and Owner will establish a pedestrian access easement adjacent to Ralston
Creek. The parties shall determine the location of the pedestrian access area at the time
of concept plan approval.
f. The Applicant and Owner shall relocate the existing storm sewer line located under this
property so that It does not conflict with any proposed structures, Applicant and Owner
shall grant an easement over the relocated line,
4. The Parties acknowledge that the Applicant has agreed to provide $25,000 for relodatlon
assistance for the current residents of the Towncrest Mobile Home Park and $45,000 for the
cost of upgrading the Intersection of First and Muscatine, The Parties further acknowledge that
If the City grants tax abatement to Applicant for redevelopment of the subject property, the
Applicant will provide relocation assistance not to exceed $67,000 at the completion of the
tezonlng and will provide $117,000 toward the cost of the Intersection Improvements at the
time the Improvements occur.
5. Applicant and Owner acknowledge that the conditions contained herein are reasonable
conditions to Impose on the land under Iowa Code ~ 414.5 (1993), and that said conditions
satisfy public needs which are directly caused by the requested zoning change.
6, Applicant and Owner acknowledge that In the event the subject property Is transferred, sold,
redeveloped, or subdivided, all redevelopment wlil conform with the terms of this Agreement.
7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with
the land and with titie to the land, and shall remain In full force and effect as a covenant
running with the title to the land unless or until released of record by the City. The Parties
further acknowledge that this Agreement shall Inure to the benefit of and bind all successors,
representatives and assigns of the Parties,
8, The Applicant and Owner acknowledge that nothing In this Agreement shall be construed to
relieve the Applicant from complying with all applicable local, state and federal regulations.
9. The Parties agree that this Conditional Zoning Agreement shall be Incorporated by reference
'Into the Ordinance rezoning the subject property; and that upon adoption and publication of
the Ordinance, this Agreement shall be recorded In the Johnson County Recorder's Office,
Dated this day of , 1993,
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CITY OF IOWA CITY, IOWA
By:
Oarrel G. Courtney, Mayor
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By:
Marian K. Karr, City 91erk
OWNER
By:
Towncrest Mobile Home Court
and Sales Co. Inc.
APPLICANT
By:
First and Muscatlne Properties Inc.
Approved by:
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D., 1993, before me, the undersigned,
a Notary Public in and for the Slate of Iowa, personally appeared and
, to me personally known, who being by me duly sworn, acknowledged
the execution of this Instrument to be the voluntary act and voluntarily executed. '
Notary Public in and for the State of Iowa
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.4.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 1993, before me,
, a Notary Public In and for the State of Iowa, personally
appeared Darrel G, Courtney and Marian K. Karr, to me personally known, and, who, being by
me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa
City, Iowa; that the seal affixed to the foregoing Instrument Is the corporate seal of the
corporation, and that the Instrument was ~Igned and sealed on behalf of the corporation, by
authority of Its City Council, as contained In Ordinance No. passed by the City
Council on the day of , 19_, and that Darrel G. Courtney
and Marian K. Karr acknowledged the execution of the Instrument to be their voluntary act and
deed and the voluntary act and deed of the corporation, by It voluntarily executed.
Notary Public In and for the State of Iowa
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STAFF REPORT
To: Planning and Zoning Commission Prepared by: Robert Miklo
Item: REZ93,0010. First and Muscaline Avenues Date: September 16, 1993
GENERAL INFORMATION:
Applicant:
First Muscatine Properties, Inc.
P.O. Box 3700
Rock Island, IL 61204
Contact person:
Rockne Brosman
309/787.7652
Requested action:
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Rezoning from RFBH to CC-2
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Purpose:
To allow development of a grocery
store and retail space.
Location:
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Northeast corner of Muscatine and First
avenues.
Site size:
7.86 acres,
Comprehensive Plan:
General Commercial/Residential: 16.24
Dwelling Units Per Acre.
Existing land use and zoning:
Mobile Home Court: RFBH.
Surrounding land use and zoning:
North, Single-Family Residential: RS.5.
East - Cemetery and Multi,family
Residential; RM.20 and CO-I.
South - Commercial: CC-2.
West 'Commercial and Single,Family
Residential; CC.2 and RS.5.
File date:
August 3, 1993.
September 17, 1993.
45'day limitation period:
BACKGROUND INFORMATION:
The applicant has proposed rezoning property, which contains the Towncrest Mobile Home
Court, from RFBH, Residential Factory Built Housing, to CC-2, Community Commercial, to
allow the redevelopment of the property and adjacent properties, which are currently zoned
CC.2, with a grocery store and retail space. In addition to the subject property, the proposed
retail center would include the properties shown on the attached site plan. Thrae properties
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at the corner of Muscatine end First avenues would not be included within the redevelopment
area, An existing car wash, vacant convenience store, Senor Pablo's restaurant, two storage
buildings and vacant property with frontage on First Avenue would be included within the
redevelopment. A vacant building with frontage on the north side of Muscatlne Avenue, to
the east of the entrance of the Towncrest Mobile Home Court, would also be Included within
the redevelopment.
Analvsis:
Land Use: The Comprehensive Plan land use map designates the properties at the intersection
of First Avenue and Muscatine Avenue as appropriate for general commercial development.
The proposed redevelopment area would include much of the area within the northeast
quadrant of the intersection in conformance with the Comprehensive Plan designation. The
proposed rezoning would expand commercial development and zoning to the east onto the
subject property, which is designated by the Comprehensive Plan land use map as being
appropriate for residential development at 16,24 units per acre.
The Comprehensive Plan contains policies designed to help interpret and apply the land use
plan map to individual development proposals, In this case, the plan's policy supporting the
expansion of commercial development within existing cores of commercial development
appears to be applicable. The plan's policy of requiring appropriate buffers and transitions
between land uses and zoning designations would also apply. In this case, if the commercial
rezoning is approved, the rezoning request should be conditioned to require adequate buffering
between the proposed commercial development and the existing residential development and
the cemetery to the north and the east. This may be achieved through buffer strips and
landscaping,
Approval of the proposed rezoning may provide some benefit for the surrounding neighbor'
hoods, in that properties in the area including the mobile home court and some of the vacant
commercial properties ere in poor condition and would be redeveloped. However, with
commercial redevelopment there may be potential negative effects which should be minimized
or mitigated to the extent possible if the rezoning Is to be approved.
These negative effects may Include incraases in traffic and displacement of residents from the
mobile home park as discussed below. Staff believes that these effects must be mitigated
If the City is to rezone the property, yet adhere to policies of the Comprehensive Plan and the
Comprehensive Housing Affordabllity Strategies (CHAS) pertaining to transportation and
housing.
Transportation: Being located near the Intersection of two arterial streets, the proposed
rezoning and redevelopment site may be an appropriate location for retail uses which tend to
generate considerable amounts of traffic. The Comprehensive Plan encourages the location
of such uses adjacent to arterial streets. However, the City's arterial street plan has identified
existing lane capacity constraints on First and Muscatlne avenues end Indicates that
improvements to this intersection are currently warranted. The development of addltionel
commercial properties in this area may exacerbate this existing problem, The needed
Improvements to this Intersoction received a relatively low ranking in the list of capital
Improvements discussed by the City Council.
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In addition to concerns regarding the First and Muscatine Avenues intersection, staff has
identified concerns related to the subject rezoning parcel and the adjacent redevelopment
property. The site plan shows three curb cuts onto First Avenue, The existing number of
curb cuts in this area and on adjacent parcels contributes to the existing traffic constraints.
In an attempt to mitigate this problem, staff would recommend that the applicant grant access
easements across the redevelopment parcel to the Hansen property to the south. When the
Hansen property redevelops, it may be possible to close existing curb cuts on the Hansen
property and allow access to First Avenue from the southern curb cut on the redevelopment
property.
The site plan shows a proposed driveway onto Muscatine Avenue to the northeast of Wade
Street. This driveway Is shown offset from Wade Street and may result in serious traffic
conflicts. To address this concern, staff would recommend that access to the subject
property onto Muscatine Avenue be conditioned upon relocation of the proposed curb cut and
drive In the event that the James property to the west redevelops and granting of an access
easement similar to that provided for the Hansen property. This could allow the alignment of
the driveway with Wade Street in the future,
To accommodate needed lane expansion, an additional 7'1/2 feet of right,of,way is required
on the east side of First Avenue, and 7 feet of right,of,way is required on the north side of
Muscatine Avenue. The applicant has agreed to dedicate this right,of'way.
With these conditions regarding access easements, curb cut controls and right-of-way
dedication, staff believes that traffic concerns regarding the proposed rezoning would be only
partially addressed. Improvement of the intersection, which are currently warranted, will be
necessary to accommodate additional traffic that will be generated from this proposed
development. It may not be appropriate for the City to approve the proposed rezoning unless
the currently needed improvements can be planned for within a reasonable time period. Given
the benefits of potential redevelopment in this area, It may be appropriate for the City to
revise the ranking of the Improvement of First and Muscatine avenues in the Capital
Improvements program.
Housing: The Towncrest Mobile Home Court is currently occupied by approximately 65
mobile home units. Approximately 45 of these units are occupied by households who own
their unit and rent their plot. Approximately 20 of the units are occupied by renters. Many
of the mobile home units themselves are in poor condition. The Iowa City Rehabilitation staff
has, on occasion, inspected mobile home units within T owncrest, and found that they are
generally at the end of their useful economic life and not capable of providing safe and
sanitary housing.
Because of their poor condition, it may be for the best that these dwelling units are removed
from the market. However, due to p lack of alternative affordable housing units, the proposed
rezoning and associated redevelopmer" 'i1~y result in a severe burden for the current residents
of the property.
A partnership between the City and the applicant may serve to mitigate this burden and
address tha reduction in the amount of land area zoned for affordable housing that will occur
if the RFBH zoning designation Is removed from this property. Staff hes Identified the
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strategies outlined below, which may be addressed by a partnership of the City and the
applicant.
· Contract with Life Skills Incorporated to make relocation counseling available for tenants
of the mobile home court.
· Provide relocation assistance to be used in the initial cost of securing alternative housing.
· Provide a suitable period of time to allow tenants to locate alternative housing.
· Assist in the disposal or relocation of individual mobile homes.
· Apply for HOME or other Federal and State funds for establishment of new manufactured
housing.
· Initiate rezoning of suitable locations for RFBH development.
· Purchase suitable land for RFBH development,
Site Design: The subject property is located directly to the south and east of the properties
which are zoned RS-5 and developed with single'family dwellings. Ralston Creek and a
storm water detention basin. which may be located on the northern portion of the proposed
rezoning and redevelopment site. may serve as a buffer between the existing single'family
homes and the proposed commercial development. The installation of landscaping should
provide for additional bUffering within this area.
An existing multi.family apartment complex and a cemetery are located directly to the east
of the subject property. The property on which the multi.family bUildings are located Is
actually zoned CO-l, Commercial Office. The Zoning Ordinance does not require a buffer in
this case. Even though the apartment bUildings are developed on property zoned for
commercial uses, it is unlikely that the property will redevelop for commercial uses in the near
future. Therefore, staff recommends that a buffer yard and landscaping be required between
the proposed CC.2 zone and the existing CO, 1 zone which contains the apartment complex.
The Zoning Ordinance requires a screening wall of pyramidal arbor vitae between the eXisting
cemetery, which is zoned RM.20, medium density multi,family, and the proposed CC-2 zone.
Staff recommends that a buffer yard containing a variety of evergreen trees and deciduous
shrubbery and screening fence be developed along this boundary.
To assure that the potential negative effects of the proposed commercial development on
adjacent residential development are minimized, staff recommends that as a condition of the
rezoning, a site concept plan, Including building elevation drawings and a landscaping plan,
be approved as a condition of the rezoning. Although the site plan submitted by the applicant
may be a basis for a site concept plan, a more detailed landscape plan may be necessary to
provide adequate bUffering between the proposed commercial zone and adjacent land uses.
Summary: The proposed rezoning and redevelopment may bo in compliance with the land use
policies of the Comprehensive Plan if adequate buffering can be provided between the
proposed commercial zone and adjacent development. In addition to the land use policies of
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the Comprehensive Plan, Issues regarding transportation and housing policies must also be
resolved. These Issues can be addressed by a partnership of the City and applicant.
STAFF RECOMMENDATION:
Staff recommends that the proposed rezoning of 7.86 acres located to the north and east of
the intersection of Muscatine and First avenues from RFBH to CC.2 be approved only if
concerns regarding the improvement of the First and Muscatine avenue intersection, and the
loss of an area zoned RFBH are resolved,
ATTACHMENTS:
1. Location Map.
2. Site Plan.
,tfrop\93.0010,rm
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Approved by:
nica Moen, Senior Planner
epartment of Planning and
Community Development
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REZ 93-0010 =1
RFBH to CC-2
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Iou CITY
HIGH SCHOOL
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MEMORANDUM
Iowa City Fire Department
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DATE:
September 10, 1993
TO:
Steve Atkins
/I,
Jim pumfreyfll'1
Emergen~esponses to the Showers Addition
FROM:
RE:
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During the flood meeting of September 3. 199'3, you inquired as to the number of emergency
responses which may have been provided to t~e Showers Addition In the past. We did a
three-year search of our records to obtain this information for you as requested.
1991 One (1 I EMS response
1992 Zero (0) EMS responses
'1993 Five (5) EMS responses
One (1) Fire response (unauthorized burning
One (1) Fire response (cooking-related I
Zero (0) Fire responses
The search in 1993 reflects our calls through September 7, 1993.
~r,',", During that discussion, we deviated from the flood-related discussion to the Towncrest Trailer
Court. ' I reviewed the fire deaths which have occurred within the City of Iowa City since
! 1971. There have been 12 fire deaths since March 17, 1971. Of those 12 fire deaths, 7
have occurred in trailers with 6 of the 7 having occurred at the Towncrest Trailer Court. One
fatality occurred in 1974, another In 1978 which was then followed by the multiple fatality
, in 1986. As a curiosity, all of these fatalities occurred in the month of December.
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Should you want any additional information concerning either of these areas, please advise. ,
n.\ahow...
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TOWNCREST MOBILE HOME COURT
Resident Survey
Number of homes in the park _ 69
Number included in the survey _ 40
Of those not included:
8 units were vacant
2 units did not wish to participate
2 units were moving and did not participate
2 units inhabited by the ownsership's family
IS units were not home at the time of the survey.
1.
Questions Asked
rezoninJ for the
Are you aware of the
a grocery store?
29 yes (72.5%) 11 no (27.5%)
How long have you lived at Towncrest?
less than 6 mo. 7 07.5%) 3-5 'years
. " 6 mo. - I year 6 05%) 5-10 years
1-3 years 10 (25%) 10+ years
,1
3. What is the Size of the mobile home you live
IOx50 4 12x70-4
IOx55 1 14x60-1
IOx60_1 14xli5-1
12x50-1 14x70-4
12x55-3 12x65-5
12 x 60 11 unknown _ 4
purpose of constructing
2.
4 00%)
7 07. 5%)
6 05%)
in?
4.
In what year was
1960 - 1
1962 - 1
1965 - 3
1966 - 3
1967 - 2
1969 - 1
your mo bile
1968 - 5
1969 - I
1970 1
1971 - 2
1972 - 2
1973 - 3
home msde?
1974 - 4
1975 - 1
1976 - 1
1978 - 2
1979 - 1
unknown - 6
5. Do you.own or rent this mobile home?
31 own (77.5%) 9 rent (22.5%)
6. Who lives in this mobile home?
1 adult, 0 children (12)
1 adult, 2 children (I)
1 adult, 3 children (I)
2 adults, 0 children (18)
2 adults. I child (3)
2 adults, 2. children (I)
2 adults, 3 children (I)
2 adults, 4 children (I)
3 adu~ts, 0 children (I)
Are you a student?
6 yes (15%) 34 no (85%)
Of the 6 students. 4 sre full-time and 2 are part-time.
What is your annual income?
under $10,000 (8) 45% 20-25,000 (2) 5%
10-15,000 (0) 25% 25-30,000 0) 2.5%
15-20,000 (8) 20% 30,000+ 0) 2.5%
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Eagle Food Centers
P,O, Box 6700, &ck Illand, Illinois 61204.6700/Extculiv, Offic" & Dislribldion Ctnler. RI. 67 & Klloxvillt Rond, Milnn, Illinois 61264
T'ltpholll: J09-787.7700/Fa.: J09-787.7895
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November 3, 1993
RE: First Muscatine Corp
REZ93-0010 - First and
Muscatine Avenues
Robert Miklo
Associate Planner
city of Iowa city
410 East Washington street
Iowa city, IA 52240-1826
Planning and zoning Commission
city of Iowa city
C\O Planning Department
Dear Mr. Miklo and commission Members:
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Mr. Brosman of Oakridge Properties Ltd has again apprised me of
the current status of our rezoning request. As I understand a
motion has been made by the Commission but has not yet been
voted. The motion contains eight items, seven of which are
additional requirements to be imposed upon us as petitioners,
stated as follows.
1. Must grant access easements to the adjacent corner
properties at such time as they are redeveloped.
2. Must relocate the Muscatine Avenue access to align with Wade
street at the time the Pharmacy property is redeveloped.
3. Must dedicate the right of way necessary for the eventual
widening of First and Muscatine Avenues.
4. The concept plan must be approved by the Planning department
before a building permit is issued for the development.
5. Must provide the city with a pedestrian easement along
Ralston Creek.
6. Must relocate the existing storm water facilities to a
location not under the proposed structures and provide an
easement.
7. Must provide the city with $97,000 to counsel and assist the
residents of the mobile home park with their relocation.
8. Provide the city the amount of $126,380 as a traffic impact
fee to be used in connection with the improvement of the
First and Muscatine Avenue intersection.
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Page 2
Item numbers 7 and 8 were addressed in my previous letter dated
October fifteenth. unfortunately it appears the Commission feels
we have not adequately provided consideration to mitigate
these negative impacts of the project. A difference of $151,380
exists between the costs of items 7 and 8 as proposed in the
motion and what we have previously offered to contribute.
There was a mention by city staff in a discussion before the
October 21st meeting that Urban Development Block Grants by the
Federal Government could possibly assist the residents in
relocating. An amount of $30,000 was suggested but would require
approvals by the city Council. This program could help to reduce
the difference.
A property tax abatement has also been discussed. We are
familiar with this program, having utilized it in redeveloping a
store in an area of Davenport long considered as a transitional
area. The program involves establishing an Urban Revitalization
Zone. The increased value of improvements are then taxed at a
portion of their value. This ranges from twenty percent of the
increased value in the early years to ninety percent in the last
year of the ten year program. The applicant has the alternate
choice to have the increased value abatGd for three years. Under
this program it is legal for the developer to require relocation
assistance to tenants.
A summary of the likely benefit to a developer was presented by
City staff at the informal meeting on November 1, 1993. Mr
Brosman has expanded the summary to provide for reflecting the
benefit with a present value to reflect discounting over time.
It is as follows:
Estimated Low High
Amount To Qualify $36,400 $46,700
A. Savings over 10 yrs $160,160 $205,480
present value @ 10 % $110,221 $141,410
B. Savings over 3 yrs $109,200 $140,100
present value @ 10 % $90,521 $116,135
Value of Abatement (say) $110,000
We are unfamiliar with the process of instituting either of these
programs with the City of Iowa city. If it is within the scope of
the Planning and Zoning Commission we respectfully request that
each of these programs be recommended and added to your motion
with a favorable vote at your meeting of November 4th.
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Page 3
The sum of both programs total $140,000. This leaves our
proposal $11,380 short of the Commissions recommendation. Given
the assumptions of the development of the traffic impact fee we
respeotfully request the Commission to reduce the proposed impact
fee by this amount resulting in a fee of $115,000. This fee Mr.
would be payable upon commencement of construction of the
proposed intersection improvement. The relocation assistance
would be made available after the rezoning process is complete.
Unfortunately the need will exist before we acquire the property.
Our option agreement allows for a period of time fOllowing our
notioe to the owner of our intent to purchase. We propose that
the relocation assistance funds be made available at that time.
We are surprised by the lack of attendance by neighboring
property owners. Having had many projects requiring zoning and
other approvals in the past it is our opinion the neighboring
property owners view the project favorably. Should the neighbors
have ooncerns I am sure you would be aware of their objections.
Our project costs include an inordinate amount of $250,000 for
unusual land balancing and site preparations. Our land costs are
severe due to the assemblage of five improved properties. While
the Commission reasons that its requirements are necessary
infrastructure oontributions and the relocation assistance is
appropriate for this case, the end result is this project may not
be finanoially feasible. Additional costs or time constraints
place this projeot in jeopardy of being cancelled.
This project has many positive aspects which have not been
discussed at any length at any of the public hearings. These
include:
1. A significant contribution to the cost of the interseotion
improvements that is recognized as a present problem
2. Ralston creek flood area improvements.
3. Providing a catalyst for further commercial redevelopment in
the neighborhood.
4. Convenience of goods and services causing a probable
reduction of traffic pressure on neighborhood arterial
traffic routes and intersections.
5. Employment opportunities created by the construction and
operation of the proposed facility.
6. Ancillary retail will provide goods and services not
ourrently available in the neighborhood.
7. Redevelopment of the properties to their highest and best use.
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Mr. Miklo and Commission Members
We ask the Commission to favorably consider this correspondence
at the meeting of November 4th and expedite the recommendation to
the City Council so it may be placed an the agenda as soon as
possible.
Very truly yours,
EAGLE FOOD CENTERS, INC.
M&~
Gerald E. Barber
President and CEO
GEB/rb
cc: Philip A. Leff, Leff Haupert & Traw
Rockne Brosman, oakridge Properties
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City of Iowa City
MEMORANDUM
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To: Tom Scott, Chair, and Members of the Planning and Zoning Commission
From: Marsha Weg Bormann, Assistant City Attorney fl\t,JB
Date: October 27, 1993
Re: Requiring Eagle Food Centers, Inc. to provide relocation assistance for the residents of
Towncrest Mobile Home Park.
ISSUE
Whether the City can require Eagle Food Centers, Inc, (hereinafter "Eagle") to provide relocation
assistance for the Towncrest Mobile Home Park residents as a condition of rezoning the mobile
home park property.
CONCLUSION
The City cannot condition rezoning of the mobile home park on Eagle providing relocation
assistance to the mobile home park residents. Imposing an obligation to pay relocation fees
exceeds the City's authority under Iowa Code ~ 414.5 (1993) and violates Eagle's substantive due
process rights under the Fourteenth Amendment of the United States Constitution, Iowa Code
~404.6 (1993) does, however, permit a city to require relocation payments In the context of an
urban revitalization plan. If the City designates the area surrounding the mobile home park as
an urban revitalization area, the City can require developers displacing qualified tenants to pay
relocation costs as a condition for receiving a tax exemption under the urban revitalization plan.
LEGAL ANALYSIS
Under Iowa Code ~414.5 (1993), a city may Impose conditions, In addition to existing regulations,
on property owners seeking rezoning of their property. However, ~ 414.5 requires that "[t]he
conditions must be reasonable and Imposed to satisfy public needs which are directly caused
by the requested change." Iowa Code ~414.5 (1993)(emphasls added). In addition, the due
process clause of the United States Constitution prohibits cities from exercising their police
power to Impose regulations which are arbitrary, capricious or unreasonable. This means the
City cannot reasonably Impose a requirement on Eagle to pay relocation assistance as a
condition of Its requested rezoning If that condition goes beyond what courts consider
"reasonable". Any attempt to do so would exceed the City's authority under ~ 414.5 and vlolale
Eagle's substantive due process rlghls under the United Slates Constitution,
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The Fourteenth Amendment of the United States Constitution prohibits state and local
governments from "deprlv[lng] any person of life, liberty, or property, without due process of law.
. ." U.S, Const. amend. 14 ~ 1, Courts generally apply a two part test to evaluate whether a
proposed regulation violates due process,
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To justify the State In , . . interposing Its authority on behalf of the public, It must appear,
first, that the Interests of the public. , . require such Interference; and, second, that the
means are reasonably necessa'Y for the accomplishment of the purpose, and not unduly
oppressive upon individuals,
Goldblatt v. Hemostead, 369 U,S, 594,595 (1961) cltlna Lawton v, Steele, 152 U,S, 133, 137
(1894).
The guaranty of due process, as has often been held, demands only that the law shall
not be unreasonable, arbitra'Y or capricious, and that the means selected shall have a
real and substantial relation to the objective sought to be obtained,
PruneYard Shooolna Center v, Robins, 447 U,S, 74, 84-85 (1980). Iowa recognizes that
"[z]onlng decisions are sub/ect to substantive due process scrutiny, I,e" 'such decisions must
not be arbitra'Y and capricious so as to amount to an abuse of governmental power.'" Bakken
v. Citv of Council Bluffs, 470 N,W,2d 34, 38 (Iowa 1991).
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No Iowa cases address the issue of whether a City can require a mobile home park owner to
provide relocation assistance I! the owner closes the park. I found only one case discussing this
question, In Guimont v, Clarke, 854 P.2d 1 (Wash, 1993), the Washington Supreme Court
examined the Mobile Home Relocation Assistance Act, a statute which required park owners to
provide moneta'Y assistance for tenant relocation costs. While the Court acknowledged that the
State possesses a legitimate interest in addressing the problem of relocation expenses
associated wilh mobile home park closings, the Court found the requirement that park owners
pay those costs to be unduly oppressive to the landowner, unreasonable and, therefore, a
violation of the owners' substantive due process rights. Guimont, 854 P,2d at 16,
The Guimont case provides an excellent discussion of the factors the Washington Court '
considered In balancing the public Interest in providing relocation assistance with the burdens
the statute imposed on the landowner.
We begin by examining the factors on the public's side, The Act represents the
Legislature's recognition that the problems caused by the closure of mobile home parks
are serious, We too nole the seriousness of these probiems, Mobile home parks provide
a source of low,cost housing for the elderly and those with low Incomes. These people
often cannot afford relocation costs, Yet by requiring the closing park owner to pay these
costs, which can amount to extremely high sums of money, the Slate Is placing the
burden of solving housing problems on the shoulders of a few. In Robinson v. Seattle,
suora, we recently slruck down a city ordinance as unduly oppressive where the
ordinance required, among other things, relocation assistance to tenants displaced when
landowners demolished low income housing on the owners' property. Robinson 119
Wash,2d at 55, 830 P,2d 318, We stated:
The problems of homelessness and a lack of low income housing in Seattle are
in part a function of how all Seattle landowners are using their property""Thls
court has already said of the [housing ordinance} thai solving the problem of the
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decrease In affordable rental housing In the city of Seattle Is a burden to be
shouldered commonly and not imposed on individual property owners.
(Italics ours,) Robinson, t19 Wash,2d at 55, 830 P.2d 318. See also Slntra, 119
Wash,2d at 22,829 P.2d 765. Likewise, In this case, the costs of relocating mobile home
owners, like the related and more general problems of maintaining an adequate supply
of low Income housing, are more properly the burden of society as a whole than of
Individual property owners. While the closIng of a mobile home park Is the ImmedIate
cause of the need for relocation assistance, It Is the general unavailability of low
Income housing and the low Income status of many of the mobile home owners that
Is the more fundamental reason why the relocation assistance Is necessary. An
Individual park owner who desires to close a park Is not significantly more responsible
for these general society-wide problems than Is the rest of the population, Requiring
society as a whole to shoulder the costs of relocation ssslstance represents a far less
oppressive solution to the problem,
Guimont, 854 P,2d at 15 (emphasis added). The Court also noted that the statute Imposed
substantial costs on landowners simply because the owners wanted to exercise their right to
close a business, Based on this analysis, the Court concluded that '1he Act Is unduly oppressive
and violates substantive due process," Guimont, 854 P.2d at 16.
The analysis In Guimont clearly applies to the situation Involving the Towncrest Mobile Home
Court. Like the situation In Washington, it "is the general unavailability of low Income housing
and the low Income status of many of the mobile home owners that Is the more fundamental
reason why the relocation assistance Is necessary." Guimont. 854 P,2d at 15. Eagle Is not
significantly more responsible for the lack of low Income housing and related problems In Iowa
City than the rest of the developers or the rest of the population. As such, It Is not reasonable
, to require only Eagle to bear the cost of the relocation assistance. Any attempt by the City to
Impose such a requirement would clearly violate Eagle's substantive due process rights. In
addition, Imposing an unreasonable condition on the rezoning of the property goes beyond the
scope of ~414,5 which only permits the City to impose reasonable conditions on property owners
seeking rezoning of their property,l ' ,
ALTERNATIVES
While the City cannot require payment of relocation assistance as a condition of rezoning the
property, Iowa law does provide a mechanism for requiring payment of relocation fees which
could apply to this situation. Iowa Code Chapter 404 permits a city to designate an area of the
city as a revitalization area, ~404.6 sets forth regulations regarding relocation expenses of
tenants. Under ~404,6, the City must require compensation of at least one month's rent and may
require compensation for actual relocation expenses to qualified tenants who are displaced due
to action by the property owner to qualify for benefits under Chapter 404. ~404,6 further
provides:
11n a letter dated Octobsr 15, 1993, Eagle offered $25,000 toward relocation costs, While the
City cannot require Eagle to pay relocation assistance, Eagle may certainly volunteer to
contribute toward those costs and the City most certainly can accept any donations,
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Howevet, the city or county may tequlre the persons causing the qualified tenan~ to be
displaced to pay all or a part of the relocation payments as a condition lor receiving a tax
exemption under section 404,3.
Iowa Code ~404,6 (1993), Thus, If the City designates the area located at First and Muscatlne
as an urban reYltallzatlon area, the City could require any developer seeking a tax abatement to
pay the relocation costs set lorth In ~404.6.
It may seem Inconsistent that the City can require developers to pay relocation lees as a
condition lor receiving tax abatement under an urban revitalization plan and cannot require
similar payments as a condition 01 the rezoning. The requirement to pay relocation costs under
the urban revitalization plan, however, carries with It a direct benefit In the lorm 01 a tax
abatement lor the property owner. In contrast, requiring relocation payments as a condition 01
the rezoning Imposes an undue burden without providing any corresponding benefit to the
property owner.
SUMMARY
In summary, the City cannot require Eagle to pay the costs 01 relocating the residents 01 the
Towncrest Mobile Home Park as a condition 01 rezoning the property. However, the City may
accept Eagle's oller to donate $25,000 toward the cost 01 relocating the residents 01 the mobile
home park or, II the City wants to require assistance to the residents, the City may pursue the
option of designating the area as an urban revitalization area under Iowa Code Chapter 404.
cc: Unda Newman Gentry, City Attorney
Stephen Atkins, City Manager
~'Qualllled tenant" as used In Chapter 404 means the "legal occupant of a residential dwelling
unit which Is located within a doslgnated revitalization area and who has occupied the same
dwelling unit continuously since one year prior to the city's or county's adoption of the plan
pursuant to section 404,2." Iowa Code ~ 404,6 (1993),
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Gillian j,H. Fox, Executive Director
1700 First Avenue, Suite 25E Iowa City, Iowa 52240
.
AUnlIodW.y
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319 354-2121
319 354-0724 FAX
~ LIFE SKILLS, INC.
October 20, 1993
,
,
,
Bob Miklo, Associate Planner
Division of Urban Planning
city of Iowa city
Civic Center
410 East Washington st.
Iowa city, IA 52240
Dear Mr. Miklo:
After consulting with our agency Housing Specialist and
other professional staff we believe the most effective approach
involves direct financial support to the residents of the park
concurrent with assistance in the location of housing and
coordination of other community resources.
There exist many factors which contribute to the
difficulties which face the Towncrest residents. Of primary
concern are the costs associated with relocation. Most landlords
require deposits which commonly include amounts equal to two
months rent. Additionally, tenants may be required to pay
utility reconnect ion fees, as well as the other costs associated
with moving. Moving can cost as much as $1800.00 per household
depending on the amount of rent at the new location.
Additionally, it is estimated that the average cost of rent
for trailers at the Towncrest park is $300.00 per month, although
many own their trailers and pay only lot rent, which is much
lower than the cost of comparable housing. In Iowa City the
average cost of a two to three bedroom apartment is $400.00 to
$600.00 per month. It becomes clear that if a family lives in a
two to three bedroom trailer at $300.00 per month and they are
forced to move to a two to three bedroom apartment they will be
moving to a less comparable living situation in terms of space
and cost. The implication is that many of these people will be
forced into less space at a higher cost.
Another concern is that most of the residents of the
Towncrest Park do not currently receive Federal Housing
Assistance, although many may be eligible. However, the waiting
list for subsidized housing services would be six to nine months
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I am writing in response to your request for information
regarding possible programming for the relocation of current
residents of Towncrest Mobile Home Park.
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(Ron Henderson 10-20-93). How are these individuals and families
going to pay for their higher rent until they begin to receive
Housing Assistance?
Based on the above concerns I propose a combination of
financial assistance and service delivery to provide programming
to the residents of the Towncrest Mobile Home Park.
Further information is required to establish and implement a
program at this time. Please note the following recommendations:
1.) Conduct a survey to determine the level of need of the
current residents. How many people are there? What are their
incomes? What are the demographics of the park? How long have
they resided there? What type of assistance do they currently
receive?
2.) Identify which agencies currently offer the type of
assistance which will be necessary.
LIFE Skills Inc. would be willing to assist with this
project. Currently we have the ability to develop a program
which could provide assistance with locating housing and assist
with the coordination of other community resources.
Based on a number of assumptions we estimate that a minimum
of 500 hours of direct service would be required to implement
such a program. Such a project would cost approximately
$8000.00. I must stress that this figure is preliminary and is
subject to change as more information regarding the population
and time frames become available.
I hope this information is of benefit to you as you proceed
with this project. Please feel free to call me if you have any
questions. '
Sincerely,
~~
Gillian J.H. Fox
Executive Director
LIFE Skills Inc.
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HaNaHAN, EPLEY,
BRADDOCK & BRENNEMAN
Jay H, Honohan
Maurine A. Braddock
Michael J, Brenneman
Patrick C. Peters
Sarah S. Maiers
Of Counsel:
Lloyd A, Epley
ATTORNEYS AT LAW
425 B Avonu.
K.lon., low. 52247
131BI e56.2916
330 East Court Street
P.O, Box 3010
Iowa City, Iowa 52244
(319) 351,8100
FAX 1319) 351'0977
104 J.yn. Str..t
Lon. T,.., low. 52755
13191629.5400
Hili., low. 52235
(319) 67S.2267
September 13, 1993
12 W Cherry St
North Ub.rty. IA 52317
(319) 626.3440
Honorable Chairperson and Members
Iowa City Planning and Zoning Commission
410 E. Washington street
Iowa city, Iowa 52240
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This letter concerns the rezoning of property on Muscatine Avenue
from factory built residential (RFBH) to Commercial (CC-2). This
is the Camp Trailer Court property which extends from Muscatine
Avenue to the south line of Court Hill Part Two, Revised as far
as I can tell.
I do not object to the rezoning as far as the approximately
southerly two-thirds portion of the real estate located south of
the intersection of Ralston Creek with the Camp property. I am
concerned with that portion of the real estate which is to the
east of the single family residential on 1st Avenue and to the
South of the residential on Friendship Street.
I am aware of the position that this area cannot be developed
because of its location and the topography. At the same time,
one familiar with the history of the real estate will understand
that this land was filled over the years and previously all of
the Camp land topography was similar to the northern portion of
the tract which is adjacent to the residential lots.
I recognize that this land may be difficult to develop in any way
if the northern portion is zoned commercial because of its shape.
Since the law now allows conditional rezoning, I would ask the
Commission to explore what conditions could be agreed to with the
developer to limit any development to uses which would not cause
disruption to the residential uses of my neighbors adjacent to
this area.
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RE: First Muscatine Corp
Re REZ93-0010 - First
and Muscatine Avenues
Robert Miklo
Associate Planner
city of Iowa city
410 East Washington street
Iowa city, IA 52240-1826
Planning and Zoning Commission
city of Iowa city
C\O Planning Department
Dear Mr. Miklo and Commission Members:
Rockne Brosman of Oakridge Properties Ltd has given me an
extensive status report of the above captioned project. I would
like to convey my understanding of this project and our ability
to mitigate negative aspects of the project.
oakridge Properties Ltd is an agent of Eagle Food Centers and
performs the entire Real Estate function of our Company.
First Muscatine Corp is the applicant for the above captioned
rezoning matter. This is an entity that was created by Eagle
Food Centers in order to procure a suitable site for a new
Country Market in Iowa city.
Our Company began this project in November of 1992. We knew
there to be several unknowns and the project was not without
risk. Our initial concerns were first and foremost financial
feasibility. The properties were all improved. The proximity of
four current\former service stations posed a potential
environmental concern. The KWIK SHOP was on the market at a
significant price with many interested parties. The LEE property
was also on the open market. SENOR PABLOS is a popular family
restaurant with a substantial going concern value and will
continue to flourish if the project were to fail. The CAR WASH
is a modern six-bay facility with a substantial value in place.
TOWN CREST MOBILE HOME PARK appeared to be a park that was nearing
the end of its economic life. We were confident a reasonable
price could be negotiated for its acquisition. Rezoning of this
property would be required. Three properties on the corner are
not included: Towncrest Pharmacy, Hanson's antiques and the
corner video store. A variety of reasons precluded their
inclusion in the project.
This project has come a long way since November, it is now
reaching a point where closure is required. First Muscatine Corp
is the fee owner of the Convenience store, the Lee property and
the Carwash.
. Eagle Food Centers, rne,
P.O, II", 6700, R,~k /,/aod, /IIlaol" 1i120~,670011:'ccallvc OOk" & /JI,'rl/",ll,,,, emle" HI, 67 & Kou"llIe I/oad, .11llall, /IIllIo~ 6126~
Te/ep/lOlIe: ,109. 787. 77001Il" :J09. 787. 7895
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2. Impact on traffic - The city has identified a congestion and
traffic movement problem exists at the First\Muscatine
intersection. A preliminary estimate for intersection and
approach improvements of $1,080,000 was mentioned. Our submittal
reflects the right of way necessary for this project to be
granted to the city. Apparently the city Council has prioritized
this project for later in the decade due to the need for capital
for other projects. Should this project move forward the
intersection improvement project can possibly be accelerated if
deemed appropriate by the Council.
A traffic analysis and project impact study was prepared by
staff. The focal issue for allocation of the traffic impact is
the daily trips generated per 1,000 sq. ft. of building area.
Staff used a number of 125 trips per day per 1,000 sq ft for the
supermarket portion obtained from a manual containing these
statistics. We have internally analyzed the customer counts
relative to the size of our stores and shared this information
with Staff. The analysis was prepared using our Iowa city
stores; our DUbuque stores which are very successful and large
traffic generators as well as our highest volume stores.
Our experience with a store of this size in this type of location
suggests that 60 customers per day per 1,000 sq ft is a more
appropriate number for this analysis.
staff's analysis resulted in a proposed impact fee of $63,180;
Staff also performed the analysis using our suggestion reSUlting
in an amount of $27,000.
3. Provide access easements for the corner properties - Staff
has suggested that at such time as these properties are
redeveloped that access be provided via our projects access to
First and Muscatine Avenues. Towncrest Pharmacy has an existing
easement for ingress and egress over along their easterly
property line and a portion of the north property line. The
corner property has no cornmon boundary with our proposed project.
The Hanson property owners have been contacted but have given no
response. We are agreeable in working toward a solution to this
concern, but until a development plan for the properties is known
we cannot incorporate this concern.
There are numerous positive aspects of our proposal that we feel
far outweigh the negative.
1. Convenience of access to a full service, state of the art
supermarket. This facilityis Eagles's most recent prototype and
has was won national awards; it will be the finest facility in
Iowa City for many years to come. The First\Muscatine
intersection is proximate to a great number of east side
residents who must now commute to Highway #6 for full service and
selection. Our experience is that total miles driven by
customers can be greatly reduced, eliminating pressure on many
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arterial and feeder routes as well as intersections.
2. Redevelopment of an area that has a variety of uses that do
not provide the area with goods and services that are ,in demand.
If vacant, the property would not be developed with its existing
uses. We feel the highest and best use of this property if for a
project such as we have proposed which is consistent with the
City's Comprehensive Plan.
3. Ralston Creek - Many of the homes north and west of the
project are in the 100 year flood hazard area as well as a
portion of the proposed property. Apparently the mobile hame
park has placed a large amount of fill in years past. Periodic
flooding causes concern. Our plan contains an extensive water
retention facility and removes considerable amounts of fill that
was placed previously. This will not alleviate problems
associated with heavy rainfall, but will greatly improve on the
current situation. Our site development penalty for grading and
removing this fill is $250,000 alone.
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4. Employment opportunities - Associated with this project is
the construction of in excess of $3,000,000 of buildings plus the
appurtenant site improvements, paving, landscaping, etc. Of
course we will have a significant need for staff for the store.
5. Ancillary Retail - Currently there is no anchor for this
commercial enclave of the community. The former Reliable is now
an Osco, but this is only a partial draw. The goods and services
of most specialty retailers require a proximate anchor to support
their operations. We have provided for 11,900 sq ft of small
shop space for the likes of a dry cleaner, print shop, hair care
and other necessary neighborhood goods and services. In addition
our project will provide a focus for the neighborhood that will
benefit existing establishments.
In conclusion, we appreciate your concerned efforts, cooperation,
and consideration of our unique requirements as a nationally
recognized regional operator of full service, value oriented,
supermarket facilities. I must again repeat that our agreements
with the remaining property owners are nearing their expiration
and we have no agreement regarding their renewal. This project
must move forward if it is to survive.
I offer th following for the Commisions approval on the three
items of concern.
1) We cannot involve ourselves with the relocation of
Towncrest residents. This goes beyond the scope of this project
and our abilities. Affordable housing and displacement
assistance are issues the city or other agencies must resolve.
In this regard, Eagle will forward to the city of Iowa city
$25,000 at such time as the Towncrest property is purchased.
2) staff has suggested $63,180 as an appropriate traffic
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Agreements for Towncrest and Senor Pablos contain provisions for
environmental investigations, survey/topographic matters, and a
reasonable period of time for rezoning. Additionally, the
Towncrest agreement allows for a period of time to reasonably
allow residents of the park to relocate.
To date we have completed a Level II Environmental investigation;
obtained a complete boundary and topographic survey. We have
also prepared extensive civil engineering plans for the project
and have shared them with your staff. While our submittal
included information well beyond that required for the rezoning,
it was our wish that all potential concerns of the STAFF be
identified and addressed in the early stages. We are aware that
SITE PLAN approval is necessary before a building permit be
issued. Given the amount of funds necessary to assemble the
property it is also impossible for our Company to proceed without
site Plan approval. City Staff has been understanding of this
item and, pending resolution with other issues, they are
recommending the site plan as submitted be approved in concept
with only minor changes in landscaping and buffering to be
resolved in the future. We are nearing $50,000 in costs
exclusive of any property acquisition associated with bringing
this project to you for consideration.
Remaining concerns of Staff and The Plan Commission:
1. Residents of Towncrest - Both Staff and my company are
concerned about the displacement of residents of the park. It is
not our desire to abruptly displace the tenants and owners of
units in the park. We have no relationship with the tenants but
our purchase agreement allows a reasonable period of time
following rezoning for the tenancies at the park to be ended. We
have agreed to allow any unit owner to abandon their unit and we
will be responsible for its removal. Staff has suggested that we
provide a contribution ($25,000) to the City'S Life Skills
program and that we consider providing any tenant relocating with
a deposit and first months rent at a new location. (presume 50
tenants @ $500/mo rent, $500 deposit = $50,000) Total = $75,000.
To date we have been informed that only 1 resident of the park
has made inquiries to the City on any aspect of this project.
Apparently this is also the same resident who was present at the
public hearing. There did not appear to be other residents
present at the hearing although it was common knowledge that is
was being held and what the project entailed.
There are 96 pads in the park. At the end of July, 22 of the
pads were vacant. By mid Septemb~r, 31 of the p,ads are vacant
including one of the rented trailers. Between July and September
it also appears that many new tenants replaced older ones. It
appears people are finding alternatives. Turnover appears to be
very high in this park, numerous vacancies exist now as well as
before knowledge of this project surfaced.
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impact fee for the development; our analysis suggests $27,000;
as a compromise Eagle will pay $45,000 at such time as the City
commences construction of the intersection improvements.
3) We will endeavor to work with the corner properties. as
previously discussed.
Mr. Brosman and I remain available for specific questions and
comments. We hope you share our belief that the project as we
have proposed and augmented with this letter provides for the
greater good of the residents of this neighborhood as well as all
of Iowa city.
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very truly yours,
EAGLE FOOD CENTERS, INC.
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Gerald E. Barber
President and CEO
GEB/rb
cc: Mayor, city of Iowa City
Philip A. Leff, Leff Haupert & Traw
Rockne Brosman, Oakridge Properties
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Prepared by the JCCOG Transportafton Planning Division
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Traffic Analysis
for the proposed
First Muscatine Inc.
Redevelopment Project
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Descrlpllon of Proposed Development
First MuscaUne Properties Inc. has proposed rezoning property to allow development of a grocery
store and retail space near the Intersection of First Avenue and Muscatlne Avenue, Iowa City.
The grocery store would total approximately 53,000 square feet, with 11,000 square teet of
additional retail space. The redevelopment would displace the existing car wash, Mexican
restaurant, vacant convenience store and two storage buildings on First Avenue, as well as the
Towncrest Trailer Court on Muscatlne Avenue. Three properties at the comer of Muscatlne
Ayenue and First Avenue are not Included in the redevelopment area.
The Comprehenslye Plan has designated the properties at this Intersection that would be
redeyeloped as appropriate for general commercial development. Access Is proposed to be
provided by three driveways wllh access to First Avenue and one driveway with access to
MuscaUne Avenue. The relocation of curb cuts along First Avenue will Improve access control
In this corridor. It has been determined that the location of the Muscatlne Ayenue access point
Is not Ideal, but acceptable until the Towncrest Pharmacy property redevelops. The applicant has
agreed to dedicate right-of-way along First Avenue and Muscatlne Avenue which will be required
for improving street capacity.
Description of Exlsllng Traffic Issue
The JCCOG Arterial Stteet Plan for the Iowa City Urbanized Area has Identified an existing
capacity constraint on First Avenue In the vicinity of the proposed Improvement. The most crlUcal
deficiency Is the area between D Street and Bradford Drive. Existing volume/capacity In this
corridor Is greater than 1.4 at Level of SelVlce C. This Indicates excessive congestion at certain
times of the day, which Is expected to continue In the short-range future. Level of Service C
Indicates acceptable delay levels, and Is the design goal for arterial streets.
The need for Improvemenlto this corridor will be hastened by the proposed 64,000 square foot
grocerylretall development. Iowa City has recenUy annexed 240 acres for residential deyelopment
east of Scott Boulevard, and the Inlllal phases of this development will also Impact the Intersection
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of First Avenue and Muscatlne Avenue. Redevelopment of commercial properties In the
Towncrest area, and overall traffic growth In east Iowa City are additional contributing factors In
the projected worsening of traffic conditions on' First Ayenue.
In conjunction with lis review of the proposed First MuscaUne Properties redevelopment, the
Planning and Zoning Commission has asked for calculation of an appropriate development fee
for traffic Improvements to First Avenue. If It can be determined that the proposed development
will make a specific contribution to the need for Improvemenls to First Avenue, then It Is
reasonable to require a fee for Improyemenls to alleviate congestion. The fee contributed by the
deyeloper should be proportional to the Impact caused by the proposed development on the traffic
stream.
The following analysis will Identify the pertinent traffic Issues associated with the proposed
redevelopment. It will attempt to measure the traffic Impacts which can be specifically derived
from the project. The analysis will attempt to Identify what capital Improvemenls are necessary
to provide adequate roadway capacity, and a hazard. free traffic area for the circulation of vehicles
and pedestrians.
Traffic Analysis
A traffic analysis should be prepared when one or more of the following conditions exist. The
study should only address those Issues which are relevant; a comprehensive study covering all
possible items Is not necessary nor an efficient use of resources. The following Indicates which
conditions are appropriate for evaluation of the First Muscatlne Properties project.
1. Request for access on hlgh'speed through street or highway (45 miles per hour or
more). Not applicable.
2. Questionable sight distance. Not applicable.
3. Proximity to high accident location. Not applicable: According to the FY93 JCCOG
Traffic Accident Location Report for the Iowa City Urbanized Area, the Intersection of
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Muscatlne Avenue and First Avenue was the 62nd highest accident Intersection In the
urbanized area. The First Avenue corridor In this vicinity Is not In the top 30 highest
accident mld.block locations.
4. Existing traffic operations problem In vicinity. Appropriate to evaluate.
5. Large development (over 50 peak hour peak direction trips). Appropriate to evaluate.
6. Site access Issues or concerns. Evaluated In staff report.
7. Adjacent neighborhood sensitivities. Evaluated In staff report.
Study Area
The study area should Include the roadways Immediately adjacent to the slle, all access points
to the proposed development, the first major Intersection from the slle, and any other locally
determined critical Issues or problems. The study area should be falriy IImlled In extent and
consist of the Immediate vicinity of the site.
Horizon Year
The full Impact of a new development will be fell once the deyelopment Is completed and
occupied. Therefore, the analysis should evaluate conditions In the year that the proposed
development Is projected for completion. The horizon year may extend beyond the year that the
proposed development Is completed and occupied If a major capllal Improvement Is under
consideration. In this case a five- to ten-year horizon may be approptlate, reflecting the short-
range traffic forecast. A long-range (15-20) year horizon Is not appropriate because of the
difficulty In forecasting off.slle conditions which will Impact traffic condlllons that far In the future.
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Existing Traffic Conditions
Page 17 ot the JCCOG Arterial Street Plan for the Iowa City Urbanized Area shows existing
deficiencies In traffic flow In the area of the proposed development. Specifically, the First Ayenue
corridor between D Street and Bradford Drive Is operating with volume/capacity greater than 1.4
at Level of Service C. This evaluation reflects the existing street capacity and 1985 traffic
yolumes. Muscatlne Avenue VlC In the vicinity of the Fltst AvenuelMuscatlne Avenue Intersection
Is less ~nstralned but also over 1.0. V/C greater than 1.0 Indicates congestion !s present,
especially during peak periods of travel.
Short Range Traffic Forecast
The short'range traffic forecast shows constrained conditions In the First Avenue corridor between
D Street and Bradford Drive If existing street capacity Is maintained. This reflects short-range
community gtoWlh with existing roadway capacity. This forecast does not reflect the traffic which
would be generated by the proposed First Muscatlne redevelopment. This will be estimated and
factored Into the forecast In the following analysis.
Traffic Generated from the Proposed Development
The proposed development consists of a 53,512 square foot grocery store and 10,920 square feet
of general retail space. For estimating the amount of traffic that would be generated from these
land uses, the fourth edition of the Trip Generation manual, published by the Institute of Traffic
Engineers, was used. '
Trip generation classification 850, Supermarket. states a trip rate of 125 trips per 1,000 square
feet GFA par weekday. For the proposed grocery store this would generate 6,689 trips per day.
For the retail component of the proposed development, trip generation class 820, Shopplna
Center. was used, This Yarlable Includes shopping centers as small as 6,900 square fe~t and
appears to be the most appropriate of the retail trip generation classes. The weekday trip rate
4
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of 166 results In total trip generation of 1,813 for the retail component of the proposed
development.
Th,e raw trip generation numbers must be subjected to further analysis before they are useful In
reflecting the Impact the proposed development will have on the First Avenue traffic stream.
Multl.Purpose Trip Adjustment
Separate trip generation numbers have been calculated for the grocery store and retail
component of the proposed project. Added together they result In total trip generation of 8,502
per day for the proposed development. However, we know that not all trips to the proposed
development will be Individual trips to a single retail establishment. Ills assumed many trips to
the retail portion of the development will be persons already going to the grocery store. There
Is no way of knowing for certain what the reduction In total trip making will be because of multi-
purpose trips. For the purpose of this analysis, trip generation from the retail portion of the
project Is reduced 50%, or 907 trips per day. This assumes 50% of the trips to the proposed
retail establishments will be persons also going to the grocery store. Total trip generation for the
. proposed project Is reduced to 7,595 per day.
Pass-By Trip Adjustment
The trip gener&lion figures reflect driveway yolumes at the proposed development. For a
deyelopment on an existing arterial street In a developed area, many trips 'generated' by the new
development will not be new trips, but will be vehicles from the existing traffic stream which will
now stop at the new development. The pass-by trip adjustment Is made on the basis that many
trips to and from the site will not be added to the street system, but merely diverted from traffic
which already passes by.
The Trio Generation manual contains Instructions for estimating the percentage of pass-by trips.
Three shopping centers were surveyed, ranging In size from 44,000 square feet to 78,000 square
feet, similar to the First Muscatlne proposal. The percentage of pass.by trips ranged from 50%
to 59%. For this analysis we will assume a pass.by percentage of 54.5%. This assumes 54.5%
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of the traffic to the proposed development will be yehlcles already In the First Avenue traffic
stream. This reduces the total net trip generation to 3,455.
Dlrectlonsl DIstrIbution Adjustment
The directional distribution adjustment Is made for developments with multiple driveways, such
as the proposed First Muscatine development This analysis Is attempting to estimate the Impact
the proposed development will have on First Avenue, so only trips which Impact the First Avenue
traffic stream should be Included In the analysis.
The proposed development has three access points proposed on First Avenue, and one access
point proposed on Muscatlne Avenue. These driveways will permit traffic to circulate In all
directions from the site. One hundred percent of the traffic distributed from the First Avenue
access points should be Included In the Impact analysis, since regardless of the direction the
trafflc proceeds from the site, It will Impact the First Avenue traffic stream.
Traffic from the Muscatlne Avenue access point which tums left onto Muscatlne Avenue or
proceeds straight across to Wade Street will not dlrectiy Impact the First Ayenue corridor, and
should be subttacted from, the Impact analysis. Vehicles which tum right from the Muscatlne
Avenue driveway will most likely proceed east through the First Avenue Intersection, thereby
Impacting the First Avenue corridor.
There are two methods for estimating trip distribution from a proposed development. The
snslogy method utilizes the directional distribution of trafflc generated by a similar development
In the Immediate area of the site under study. For example, If a convenience store was proposed
across the street ftom an existing convenience store, the analogy method could be used to
estimate trip distribution. The analogy method Is not appropriate for the'proposed First Muscatlne
development.
The surrogate dats method may also be used to estimate trip distribution. This method uses
population distribution within the 'traffic shed' of the proposed development to determine how
traffic will be distributed to and from the site. The developer has Identified east Iowa City as the
6
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traffic shed for the proposed development. The site Is In the south central area of the Identified
traffic shed. It may therefore be assumed that a relatJvely small percentage of traffic will be
distributed south and east from the Muscatlne Avenue driveway. For the purposes of the analysis
we will assume 20% of the trips generated from the site would tum left or proceed strwght from
the Muscatine Ayenue driveway. These ttlps (691) should be subtracted from the traffic that Is
forecast to Impact First Ayenue. Total ttlp generation reduced 20% = 2764.
Existing Uses Adjustment
There are four existing uses on the site which would be displaced with the proposed grocery store
development. These ,are a mobile home park, a restaurant, a car wash, and storage buildings.
Since traffic generated by these uses would no longer Impact the First Avenue traffic stream If
the property was redeveloped. they should be subtracted from the ttlp generation estimation. The
following calculations use trip generation estimates, pass-by estimates, and directional dlsttlbutlon
consistent with the preceding analysis for the proposed development. The car wash and storage
buildings are not Included In the Existing Uses Adjustment because It Is felt they Impact the First
Avenue traffic stream on a seasonal and sporadic basis.
65 mobile home units @ 4.8 trips per day minus 20% dlrectlonel distribution.
4,000 square foot restaurant@ 98 trlps/day/1,OOO square lset.
Total existing Uses reduction.
249 trips/day
m!.i trips/day
633
With the Existing Uses Adjustment, the net ttlp generation from the proposed development Is
2131.
Summary of Impact on First Avenue
The most recent traffic count on First Avenue In the vicinity of the proposed grocery store was
7,600, recorded by Iowa DOT In summer of 1990. This Is thought to be a significant undercount
because of the time of year It was recorded. A 1985 count taken during the school year by the
Iowa City Traffic Englneetlng Division was 13,900. The 1985 count will be used for the Impact
fee calculation since It Is representative of peak time of year traffic conditions.
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The JCCOG Arterlal Street Plan for the Iowa City Urbanized Area uses a QRS.II traffic analysis
model to project a 15.6% Increase In First Avenue traffic by the year 2000. It Is appropriate to
use the shorl.range traffic forecast In this analysis slnca It Is within the shOrl,range future that the
proposed commercial development would be ~ully bullt,out and generating traffic. The projected
year 2000 traffic volume on First Avenue without the proposed development Is 16,068.
The adjusted trlp generation projected for the proposed First Muscatlne development Is 2,131.
This Is the amount of additional dally traffic volume which can be projected to Impact First Avenue
If the proposed development Is built. The total projected year 2000 traffic volume for First Avenue
with the proposed First Muscatlne development Is 18,199. The net trlp generation from the
proposed development represents 11.7% of the forecast year 2000 First Avenue traffic volume.
Description of the Propossd Capital Improvement and
Determlnallon of Development Fee
The City Is currently conducting a capital Improvements programming prlorltizatlon process with
the City Council. A project to reconstruct First Avenue between D Street and Bradford Drive has
been develope~ by the Englneerlng Division. The project would create adequate capacity for
forecast traffic yolumes, Improve pedestrlan safety, and, together with more restrlctlve access
control, Improve vehicular safety in the corrldor. The proposed Improvements Include Increasing
the number of lanes on First Avenue, proyldlng adequate lane capacity and traffic signal
Improvements at the First Ayenue/Muscatlne Ayenue Intersection, and providing an 8' sidewalk
on the east side of First Ayenue.
The total estimated project cost lor the reconstruction of First Avenue between D and Bradford
Is $1,080,000. It Is felt that the proposed First Muscatlne redevelopment will directly Impact only
the porllon 01 the proposed reconstruction project norlh 01 Muscatlne Avenue. The estimated
project cost lor this porlfon 01 the reconstruction project Is $540,000. Using the 11.7% estimated
contrlbutlon to the traffic stream, the proposed development lee lor the First Muscatlne
development Is $63,180 (11,7% X $540,000 = $63,180).
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Susan Horowitz
1129 Kirkwood Avc.
Iowa City, Iowa 52240
Bonnie Love
1328 Esther Street
Iowa City, Iowa 52240
November 04, 1993
Dear Ms. Horowitz:
As a resident of the Towncrcst area, I am writing to exprcss my opposition to the proposed
re-zoning of the Towncrest Mobile Home area to build a supennarkel.
First of aI~ my need for groceries is served quite adequatcly by Randatls at Sycamore, Hy-
vce on Boynun or Rochcster, New Pioneer or Eaglcs at Wardway. 1 can reach any of
these stores by car in five minules, or stop at the AM-PM mart, DeliMart, Osco on
Muscatine or Walgreens if I am on fool. Most people in this vicinity drive cars.
Ironically, the people most in need of a grocery slore in the immediate neighborhood would
be rcmoved by the proposed rc-zoning,
Secondly, the folks in Towncrest Mobile Homes arc bclter neighbors than a traffic-
promoting grocery store. First Avenue traffic increases monthly, and I am not plcased at
the extra traffic this store would draw to a largely residcntial neighborhood.
Thirdly, as a vocational rehabililation counselor, I know a significant number of the
residents of Townerest Mobile Home Park. Many live on SSI or ADC and have visible or
invisible disabilities. There is not other housing available tllat is either affordable or
accessible. For example, one of my clients who lost housing willt lite flood has been
looking unsuccessfully for four months for affordable aecessiblc housing, Wlille tlle
mobile homes are old, this opportunity to have windows on four sides and a liltle yard is
lite closest many of lItese people are likely to come to lite house lItat most of us have.
Fourth, there surely is ollter property availablc for Eagles. The Osco store across lite street
stil1looks like it could fail. There surely are lol.q out in the monied development on Scott
Boulevard lito'll could bc zoned commercial,
In summary, I urge you to vote agninst this rc-zoning. I was drawn to Iown City by its
divcrsity and gentler nature than what I experienced in more urban arcas. I urge the new
council to maintain this town a.q a home for everyone.
cc:ollter councilors
Sincerely,
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Derek Maurer
328 S. Governor St.
Iowa City, fA 52240
(319) 351,0227
Iowa City City Council
410 E. Washington St.
Iowa City, IA 52240
Dear City Council Members:
I cannot attend the public hearing scheduled for Novembrr 23 on the
redevelopment plan for Towncrest Mobile Home Court, but wiici your
permission I would like to enter my comments on the matter into the record
with this letter.
You will hear plenty of comments about the situation faced by
residents of the mobile home court if you as a body approve the proposal; let
the record show that I support the position taken by the Planning and Zoning
Commission and share the commission's concern for those residents, I
would like to draw your attention to another aspect of this issue, however.
As you must know, Eagle's plans to close its North Dodge Street
supermarket, and this is expected to happen sometime in 1994. Having lived
in the vicinity of that grocery store I can attest that its closing will mean
hardship for many individuals both young and old who now shop there. They
are university students who travel by foot and by bicycle, and they are older
people who walk from their nearby homes. If the store does indeed close
they will have no good alternative, for there simply are no other grocery
stores within an easy, safe walking distance, The store's closing will be a
tremendous blow to the Northside and Goosetown neighborhoods, forcing
residents to drive elsewhere if they have cars or to hire taxis if they don't.
The possible closing of this store is a business decision, of course, in
a very competitive industry where even small cost factors can mean the
difference between profit and loss. I do not mean to question Eagle's right
to make such a determination. I ask this of you, however: If he has not
already done so, please direct the city's economic development planner. Mr.
Schoon, to speak with Eagle's corporate management to determine if any
options exist to keep the store open. The corporation proposes to obtain
economic incentives from the city in order to develop a new site-what
incentives might persuade it to continue operating the store on North Dodge,
even if it should open a new store at a different location? What incentives
would you as a council consider to help preserve the livability,
affordability, and vitality of the city's core neighborhoods?
~I./ 33
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I would be very pleased to hear that what I suggest had already been
done, that the city had met repeatedly with corporate officials and worked
assiduously to reach an agreement that would keep the old store open, that
the City Manager and Planning Director had lent their authority to the effort
and gotten personally involved in the negotiations. If this has not been done,
however, I hope you. the members of the City Council, will act decisively to
see that all possibilities are, at the very least, explored.
Thank you, for your consideration.
Sincerely,
Derek Maurer
Noyember 16, 1993
Photocopies: Larry Baker
Ernie Lehmao
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, REWVr: 0 :!OV ? 2 1993
Eagle Food Centers
P,O, Box 6700, Rock I,/and, llIinoi, 6121H.6700/Extnllivt OfliCtJ & D;",ibn/;oll Cenler: Rt, 67 & Kno,willt Road, Milall, llIinoi,61264
T,ltphon" ;09-787.7700/Fa.<: ;09-787.7895
November 18, 1993
RE: First Muscatine Corp
REZ93-0010 - First and
Muscatine Avenues
Iowa city Council Members
C\O Planning Department
city of Iowa city
410 East Washington street
Iowa City, IA 52240-1826
Dear Council Members:
The rezoning request before you represents a significant commitment
by our company to the community of Iowa City. The proposed project
contains many attractive and desirable components for the
neighborhood as well as the entire community. We have supplemented
our original development plan with two proposals dated October 15th
and November 3rd. These are included in your information packets
for this project.
Throughout the Planning and Zoning process, two issues have been
focus: displacement of the mobile home park residents and
intersection improvements at First and Muscatine avenues. Both
proposals addressed each of those issues. I wish to summarize each
at this time.
The letter of October 15th was written to convey our willingness to
participate with city staff's recommendations to the Planning and
Zoning Commission and our understanding of what the Commission was
developing in the form of a motion. The proposal at that time was a
contribution by Eagle of $25,000 to assist in the relocation of the
mobile home park residents and $45,000 as a contribution to the
eventual improvement of the First and Muscatine Avenue intersection.
Subsequent discussion by the Commission as well as with Staff
discounted this proposal as inadequate to mitigate these issues.
The feasibility of this project is jeopardized by any additional
contributions with no possibility of recovery. A letter dated
November 3rd was forwarded by Eagle to the Planning and Zoning
Commission requesting the project be included in an Urban
Revitalization zone. With the assistance of Staff a partial
abatement of real estate taxes was discussed. The present value was
of the abatement was computed to be $110,000.
It was also suggested by Staff that $30,000 of Community Development
Block Grants could possibly be made available to assist the
residents. The proposal made available $67,000 by Eagle, and
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$30,000 community Development Block Grant funds to assist Towncrest
residents. $117,000 would be made available when the intersection
improvement construction began. If an alternative allocation of
these funds is feasible we are prepared to participate. With these
programs the issues addressed would be successfully mitigated as
suggested during the Planning and Zoning Commission discussion.
The Planning and Zoning Commission developed a recommendation to the
City Council containing nine conditions on which to approve the
project. This recommendation is acceptable to Eagle. Regrettably
however the vote of the Planning and Zoning Commission was negative.
Many hold the opinion that the Towncrest mobile home park cannot
exist indefinitely with the trailers it presently contains. The
cost of operation continues to rise. Unfortunately the owners of
the units will be burdened whenever a change occurs. Our proposal
involves the use of private funds in assisting the residents. I
cannot imagine any other alternative Uses for the property that
would assist the existing residents.
The intersection improvement has been identified by the Council as
a project that needs to be accomplished. In the capital
improvements programming prioritization process the plan has been
slated as project for later in the decade. It will be accomplished
with the Use of pUblic funds. Our project will cause no increase in
its cost.
We have offered to contribute significant funds to this project as
recommended by the Planning and Zoning Commission. This is
reflective of our desire to coordinate our proposed development with
the recommendations of City Staff. It also represents a partnership
of private and pUblic funds not commonly experienced in addressing
the issues related to development.
We at Eagle Food Centers, Inc. view oUrselves as pUblic servants.
We provide essential needs as efficiently, affordably and
conveniently as possible. We have exhibited participation,
cooperation, compassion and resolve in bringing this project to you
for consideration. Your decision is not easy; it affects many. As
the leaders of this community, you are to determine what is in the
best interests of the immediate residents, neighbors, and the
community as well. We ask that you carefully consider every aspect
of this project in arriving at your decision.
Very truly yours,
~!. ~ INC.
Gerald E. Barber
President and CEO
GEB/rb
cc: Monica Moen, City of Iowa city
Philip A. Leff, Leff Haupert & Traw
Rockne Brosman, Oakridge Properties
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NOTICE OF PU8L1C HEARING
Notice Is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 23rd day of
November. 1993, In the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa: at which hearing the Council will
consider the following Items:
1. An ordinance amending the Zoning
Ordinance by conditionally changing the
use regulations of an approximate 7.86
acre tract of land located at 2312
Muscatine Avenue ITowncrest Mobile
Home Courtl from RFBH, Factory Built
Housing Residential, to CC-2, Community
~ Commercial.
V An ordinance amending the Zoning
Ordinance by changing the requirements for
hard,surfaced driveways that are accessed
via an unpaved alley.
Copies of the proposed ordinances are on file
for public examination In the office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
Wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 36 OF
THE CODE OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA, ENTITLED "ZONING" BY
PERMITTING NON.HARD SURFACED AISLES
AND DRIVEWAYS FOR SINGLE.FAMILY AND
DUPLEX DWELLINGS WHICH ACCESS
WOODLAWN AVENUE OR NON.HARD
SURFACED ALLEYS.
WHEREAS. the City Council deems it
appropriate for single.famlly dwellings and
duplexes which access non.hard surfaced
alleys to use non.hard surfaced drives or aisles;
and
WHEREAS. utilizing non.hard surfaced
driveways to access Woodlawn Avenue will
maintain the historic integrity of that area.
NOW. THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA. THAT: .
SECTION I. AMENDMENT. A. Chapter 36.
Article I entitled 'GENERAL'. Section 36.4
entitled 'Definitions' of the Code of Ordinances
of the City of Iowa City, Iowa, Is hereby
amended by repealing subsection (a1l6) and
adopting a new subsection (a1l6) to read as
follows:
(a1l6). Aisle. An asphalt, concrete or
similar permanent dust.free surface
connected directly to a parking or loading
space and designed to permit Ingress or
egress of a vehicle. tQl\te'Pirnoln'faffillM
~liilQ'fS(''<ftl''jexYa6((i\lhg';i\'al\~l1ml
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f8lJ1<<~~~a%r~~~~~,S~>^4V\lB~~Mf.'~4\rJlh~~'~~'l;~%g
f,Be, ;2illi,:~'~",itl,""lIIQ;~lJ9KR!ltmtt.JnQl~A~!
~Q[!!!~191.~1&g!Lq% In no case can an aisle
be' a drive. See 'drive'.
B. Chapter 36. Article I. Section 36.4 Is
further amended by repealing subsection (d)(7)
and adopting a new subsection (d1l71 to read
as follows:
(dl(7). Drive/Driveway. An asphalt.
concrete or similar permanent dust.free
surface designed to provide vehicular access
to a parking area. ~Q'f3limilrimf~ffijl~
a"OillirVQo/ifuIIiRr8D5ftjAm!finaf8~8'Jillrt'~
t~Vj_'u""g"v.,.,r,t,_.;...;.R';':""';"'""">"-'n.,.,.,,.,gtr.-,""','.,.)vil!,.,..y....:".........,Sf
ri61l\ifaW'WAvii,.tiiYorn\Y'aJitharafiiUrfai:ii~
l'I"I"'wt"(~t\\'iIRI"f/QI"'rf1'''''~'~~YIlW{Wii!'"''''''h'''i>>d'
a e va,dflve ur ve a <1mB < B'am "' ar
v^")!.,,Y, };;-", .. ',' ",..,:r.;~....."".:;,..~,;:"<<",~,,, ;:,.... '''','''H, ,~Y, "~':"""l ,;.",-,-,:,.x,A"(~",,.,"">"'"
sUlfiiCti"'de'slgnilfJ'tO"'Rfvlde(V'ilfi culil1tilecusli
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!JLl!.P.!lr.,..UOlale^~.\
C. Chapter 36. Article III entitled
'ACCESSORY USES AND REQUIREMENTS',
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Page 2
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Section 36.58 entitled 'Off.street parking
requirements' of the Code of Ordinances of the
City of Iowa City. Iowa, Is hereby amended by
repealing subsection (c)(l) and adopting a new
subsection (c)(l) to read,as follows:
(c)(I). Construction. All parking and
stacking spaces, drives and aisles shall be
constructed of asphalt, concrete or similar
permanent dust.free surface, Q'~ Pi
B;mmtr.a1 JS if serUla "
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awlililfetoK* ~'U Iilnd
"wit" ,g,,,,,^,,,,,,,'lc- ," "',""";;,
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D. Chapter 36, Article III, Section 36.58 is
further amended by repealing subsection
(c)(3Ia.2 and adopting new subsection (c)(3Ia.2
to read as follows:
(c)(3)a.2. In all R zones and all zones
abutting an R' zone. except for drives and
aisles serving zero lot line dwellings. drives
and aisles shall not be located closer than
three (3) feet to a lot line or an R zone
boundary unless the drives and aisles are
pitched or curbed and drained to prevent the
flow of water onto adjoining property or
unless a drainage course has been
established along lot lines for the purpose of
stor,T water runoff,pa
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feet;t~,a,lo ~!'i6l!0ne;ijo n a!Yj
SECTiO'N1f:',wREPEALER. ""AIi'c;rair1inces and
parts of ordinances In conflict with the
proviSions of this Ordinance are hereby
repealed.
SECTION III. SEVERABILITY. If any section,
provision or part of the O,rdlnance shall be
adjudged to be Invalid or unconstitutional. such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged Invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This
Ordinance shall be In effect after Its final
passage, approval and publication, as provided
by law.
Passed and approved this
MAYOR
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Ordinance No.
Page 3
ATTEST:
CITY CLERK
Approved by
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City of Iowa City
MEMORANDUM
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Date: October 21. 1993
To: Planning and Zoning Commission
From: Charles Denney, Associate Planner
Re: Zoning Ordinance Secl/on 36.58(c); Hard Surfaced Drives and Aisles
At your September 2, 1993, meeting the Commission directed staff to prepare an amendment to
Zoning Ordinance Secl/on 36-58(c) concerning when hard.surfaced parking spaces and driveways
are required. The Commission's dlracl/on was to prepare an Ordinance amendment that would
exempt single-family and duplex units abutting non.hard.surfaced alleys from the requirement Ihat
aI/ parking spaces and drives be constructed of asphall, concrete or a similar permanenl dust.free
surface.
Staff proposes that the following Ordinance secl/ons be amended to read as follows; the amended
language Is printed In bold type.
Sec. 36-4. Oef/nillons
(a)(6). Aisle. An asphall, concrete or similar permanent dust-free surface which Is
connected dlrecl/y to a parking or loading space and designed 10 permit Ingress
or egress of a vehicle to or from the parking space. For single family dwellJngs
or duplexes which abul and access Woodlawn Avenue or a non.hard.
surfaced alley, an aisle may be a non'hard surface which Is connecled
directly 10 a parking or loading space and designed 10 permit Ingress or
egress of a vehicle 10 or from a parking space. In no case can an aisle be a
drive - see def/nll/on for 'drive'.
(d)(7). Drive/Driveway. An asphall, concrete or similar permanenl dust.free surface
designed to provide vehicular access to a parking area. For single family
dwellings or duplexes which abut and access Woodlawn Avenue or a non.
hard,surfaced alley, drives/driveways may be a non.hard surface deslgne'd
10 provide vehicular access 10 a parking area.
Sec. 36.58. Off.Street Parking Requirements
(C)(I) Construction. All parking and stacking spaces, drives and aisles shall be
constructed of asphall, concrete or similar permanent dust-free surface,
excepl for drives and aisles serving single family dwellJngs or
duplexes which abul and access Woodlawn Avenue or a non.hard.
surfaced alley.
(c)(3)a.2. In all zones abutting an R zone, and In all R zones, except for drives and
aisles serving zero lot line dwellings, drives and aisles shall not be located
closer than three (3) feet to a loll/ne or an R zone boundary unless Ihe
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drives and aisles are pitched or curbed and drained to prevent the flow of
water onto adjoining property or unless a drainage course has been
established along lot lines for the purpose of storm water runoff. Under no
circumstances can a non.hard.surfaced drive or aisle be located
closer than three (3) lcetto a lot line or R zone boundary.
Approved by: ~ ~
Monica Moen, Senior Planner
Department of Planning and
Community Development
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NOTICE OF PUBLIC HEARING
Notice Is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m., on the 23rd day of
November, 1993, In the Civic Center Council
Chambers, Iowa City, Iowa; at which hearing
the Council will consider the fallowing item:
1. A public hearing on Resolution of Intent
to Convey a Vacated 10.Foot Wide
WalkwayRlght.of.Way to C. Vivian
Stringer.
Caples of the proposed resolution are on file for
public examination in the office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wiShing to make their views known for Council
consideration are encouraged to appear at the
above.mentloned time and place.
MARIAN K. KARR, CITY CLERK
ppdcdbg\cc11.23.
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