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HomeMy WebLinkAbout2002-07-16 Public hearing NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 16th day of July, 2002, in Harvat Hall, 410 E. Washington Street, Iowa City, iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1.) An ordinance changing the zoning designation from Medium Density Single Family, RS-8, to Historic Preservation Overlay-Medium Density Single Family, OHP- RS-8, designating 3 acres of property located at 747 West Benton Street an Historic Landmark. (REZ02-00005) 2.) An ordinance changing the zoning designation from General Industrial, I-1, to Intensive Commercial, C1-1, for 1.34-acres located west of Riverside Drive south of Commercial Drive. (REZ02-00007) 3.) An ordinance changing the zoning designation from Medium Density Single- Family, RS-8 and Low Density Multi-Family, RM-12 to Planned Development Overlay, OPDH-20 to allow 43 elder congregate housing units on 2.12 acres of property located north of Benton Street and east of George Street. (REZ02-00009) 4.) An ordinance amending an OPDH-12 plan for Silvercrest to allow four 4-unit townhouse style buildings and four 24-unit independent living buildings for elderly - r~(Rl=Tn?-nnnn?~ _ .~- ~ "5.) An ordinance ch'anging the zaning LadeSignation from Medium Density Single Family Residential, RS-8, to Planned Development Housing Overlay, OPDH-8, for a 31.1-acre, 10-lot subdivision located north of Camden Road and south of Lower West nch Road. (REZ02-00006} 6.) An ordinance changing the zoning designation from Low Density Single Family, RS-5, to Planned Development Housing Overlay, OPDH-5, to allow 23 single-family lots and 13 townhouse-style residential units in a 9.31-acre 24-1ot residential subdivision located west of Scott Boulevard and north of Wellington Drive. (REZ02-00008) 7.) An ordinance vacating 32,526 square feet of frontage road right-of-way along the frontage of the properly at 801 Highway 1 West. (VAC02-00001) 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 Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (VAC02-O0001) ORDINANCE NO. AN ORDINANCE VACATING 32,710 SQ. FT. OF FRONTAGE ROAD RIGHT-OF-WAY ALONG THE FRONTAGE OF 801 HIGHWAY 1 WEST. WHEREAS, the applicant, Diane Williamson, has applied for the vacation of 32,710 sq. ft. of frontage road right-of-way along the frontage of the property at 80f Highway 1 West; and WHEREAS, the frontage road property is not being used for overall traffic circulation, and does not provide access to properties other than at 801 Highway 1 West; and WHEREAS, to improve the function of the frontage road/Ruppert Road/Highway 1 intersection, the applicant has agreed to permanently close the existing frontage road access at Ruppert Road, and relocate it approximately 200 feet from Highway 1; and WHEREAS, the applicant has agreed to provide landscaping along the Highway 1 frontage to further the City's goal of highway entranceway beautification, and the Planning and Zoning Commission has reviewed and approved said landscaping plan; and WHEREAS, the applicant agreed to combine the two commercial lots fronting on the frontage road to avoid a lot being created with frontage only on Highway 1; and WHEREAS, necessary utility easements will be created. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. The City of Iowa City hereby vacates the right-of-way legally described as follows: Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79; North, Range 6 West, of the Fifth Principal Meridian; Thence N00°51'23"E, along the East Line of said Southwest Quarter, 1657.17 feet; Thence S74°57'52"W, 62.38 feet, to a Point on the East Line of Lot 1 of Ruppert Subdivision - Part One; Thence N00°51'23"E, long said East Line, 1.61 feet, to the Point of Beginning; Thence Northwesterly, 37.10 feet along said East Line on a 20.00 foot radius curve, concave Southwesterly, whose 32.00 foot chord bears N52°17'03"W; Thence S74°34'32"W, along the North Line of said Lot 1, a distance of 94.96 feet; Thence Southwesterly, 413.41 feet, along said North Line on a 2727.58 foot radius curve, concave Southeasterly, whose 413.02 foot chord bears S70°14'01"W; Thence N00°51'23"E, along said North line, 7.99 feet; Thence S74°57'52"W, 44.17 feet; Thence Southwesterly, 184.38 feet, along a 2231.90 foot radius curve, concave Southeasterly, whose 184.33 foot chord bears S72°35'52"W, to a Point on the Easterly Line of Westport Plaza; Thence N49°57'39"W, along said Easterly Line, 5.64 feet, to its intersection with the Southerly Right of Way Line of Iowa Highway No. 1; Thence Northeasterly, 646.94 feet, along said Southerly Right of Way Line on a 2777.58 foot radius curve, concave Southeasterly, whose 645.48 foot chord bears N67°54'05"E; Thence N74°34'32"E, along said Southerly Right of Way Line, 136.30 feet, to its intersection with the northerly projection of the Easterly Line of Lot 1, of said Ruppert Subdivision; Thence S00°51'23"W, along said Northerly Projection, 78.76 feet, to the Point of Beginning. Said Right of Way Vacation Parcel contains 32,710 square feet, more or less, and is subject to easements and restrictions of record. ~ iLJ~ALE~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or pad of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 2 Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK Approved by City At t or n ~'y'~"(]~'i~e EXHIBIT "J~" City of Iowa City MEMORANDUM Date: May 31, 2002 (for June 6 meeting) To: Planning and Zoning Commission From: John Yapp, Associate Planner Re: Carousel Motors landscaping plan Staff has received a proposed landscaping plan from representatives of Carousel Motors. In other recent rezonings along Highway 1, property owners have agreed to provide a 30-f'oot 'green' buffer between the highway right-of-way and the beginning of any pavement. In the case of the request for the City to vacate the frontage road in front of Carousel Motors, there is only about 5 feet of open space between the highway right-of-way and the existing frontage road pavement. Given the circumstances, staff feels that landscaping the existing open space would be a sufficient trade-off for the 30-foot area that has been provided on other properties. The landscaping plan proposed by the applicant (attached) provides well-landscaped islands at the northeast corner of the property and in the interior of the property, and five clusters of burning bush shrubs surrounded by daylilies along the highway frontage. Staff had discussed with the applicants representatives our expectation that the majority of the frontage would be landscaped with some type of flower beds or Iow-growing plantings, and feels this landscaping plan falls short of that goal. As stated the in the May 16 staff report on VAC02-00001, staff continues to recommend the frontage road be vacated with conditions (see below), one of which is that the majority of the Highway 1 frontage be landscaped with shrubs, flowering shrubs, and/or landscaped beds with flowedng and other plant species, and the existing street trees being retained. The Commission may wish to defer this item until an acceptable landscaping plan is received. STAFF RECOMMENDATION: Staff recommends that VAC02-00001, an application to vacate the frontage road right-of-way adjacent to 809 HWY 1 West, west of Ruppert Road, be approved, subject to: 1. The existing frontage road being closed at Ruppert Road; 2. A new access point being created to the property at 809 HWY 1 West further south on Ruppert Road, with said access point and design to be approved by City staff; 3. The majority of the Highway 1 frontage of the property being landscaped with shrubs, flowering shrubs, and/or landscaped beds with flowering and other plant species, and the existing street trees being retained; 4. The Carousel Motors properties being incorporated into one single property, or an access easement being created to the triangular property at the west end of the frontage road. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp Item: VAC02-00001 vacation of ROW Date: May 16, 2002 frontage along 809 HWY 1 West GENERAL INFORMATION: Applicant: Diane Williamson Carousel Motors 809 HWY 1 West Iowa City, IA 52240 Contact Person: Thomas Summy, Director of Marketing Knutson Construction 2351 South Scott Boulevard Iowa City, IA 52244 Phone: 351-2040 Requested Action: Vacation of right-of-way Purpose: To acquire right-of-way and incorporate it into Auto Dealership property Location: Frontage road adjacent to 809 HWY 1 West, west of Ruppert Road Size: 32,526 sq. ft. Existing Land Use and Zoning: Public right-of-way Surrounding Land Use and Zoning: North: Highway 1 right-of-way South: C1-1; commercial East: Cl-1; commercial West: CC-2; commercial Comprehensive Plan: General Commercial File Date: May 1, 2002 BACKGROUND INFORMATION: The applicant, Diane Williamson, has applied for the vacation of the frontage road right-of-way adjacent to the Carousel Motors property at 809 HWY 1 West, west of Ruppert Road. In 1991 a similar application was submitted for the vacation of the frontage road, but was withdrawn by the applicant before the vacation was finalized. Over the past ten years, the status and use of the frontage road has been the subject of discussion between City staff and the owners of the adjacent auto dealership property. When the public right-of-way has been used and occupied by automobiles from the adjacent business, City staff has maintained that for a business to use public right-of-way for business purposes, the right- of-way should be vacated and disposed of to the business. 2 Carousel Motors is planning to develop a triangular piece of property west of the existing dealership, and would like to acquire the frontage road right-of-way adjacent to it to create more room for the development. Staff has maintained that if any of the frontage road is to be vacated, all of it should be vacated, and transferred to the adjacent commercial property. ANALYSIS: Vacating right-of-way can be recommended if 1) it will not be detrimental to overall pedestrian or vehicular circulation, or planned circulation routes, 2) it will not be detrimental to emergency vehicle or utility vehicle access to adjacent properties, and 3) it will not be overly detrimental to access to adjacent properties. Overall circulation: Because the frontage road right-of-way only provides access to property owned by Carousel Motors, and does not extend through to adjacent properties, vacating it will not be detrimental to overall traffic circulation. Staff has maintained that if this right-of-way is to be vacated, it's access with Ruppert Road should be closed in order to improve the function of the Ruppert Road / Highway 1 intersection. A new access to the Carousel Motors property would need to be created further south on Ruppert Road, at the cost of the applicant. Emergency and utility vehicle access: Currently, the frontage road only provides access to property owned by Carousel Motors. Vacating and closing the frontage road will not be detrimental to emergency and utility vehicle access ff a well-designed new access point is created onto Ruppert Road By well-designed, the new access route should not be overly circuitous. Access to adjacent properties: Provided a well-designed, access is created onto Ruppert Road, vacating and closing the frontage road will not interfere with access to any other properties. Because of the possibility that the triangular lot at the west end of the Carousel Motors property could potentially be sold to another properly owner in the future, staff recommends that an access easement be created to it, or the lot line between the two parcels be dissolved by an Auditors plat to create one lot. This way, if a lot were subdivided off of this property in the future, an access easement to it could be created at that time. Landscaped setback: With recent rezonings along the HWY 1 corridor, the City has been requiring a 30-foot landscaped area along the highway frontage. Although there have been no landscaping requirements other than ground cover and required street trees, the 30-foot area has been a way to maintain some greenery along the highway, a well used entranceway to the City for residents and visitors to Iowa City. Because much of the frontage road right-of-way is paved, there is not the opportunity to maintain this 30-foot landscaped buffer in this circumstance. Therefore, staff recommends that the vacation of the frontage road be subject to landscaping the majority of the remaining unpaved area between the frontage road and the highway right-of-way. The landscaping should retain the existing street trees, and result in the majority of the space covered with shrubs, flowering species, and/or flowering beds. Staff feels this will add to the appearance of not only the highway corridor, but the to adjacent business, and meets the spirit of the landscaped setback the City has been working to create elsewhere along Highway 1. Compensation for the property: Although the Commission does not typically get into discussions regarding the value of vacated right-of-way or its disposition to adjacent property owners, this case is unique in that the property owner had been required to dedicate property for the frontage road when the property was first developed. Understandably, the property owner is reluctant to have to purchase back property that was required to be dedicated to the City. Under state law, however, the City is required obtain compensation for property being disposed of to private property owners. Staff has discussed having the public benefit of closing 3 the existing access point and creating a new access point further from the Highway 1 / Ruppert Road intersection as fair compensation for the right-of-way, as this allows more separation between the turning movements of vehicles at this intersection. Staff feels, because of the public benefits involved and the unique circumstances surrounding this frontage road right-of-way, it would be appropriate to allow the cost to the property owner of closing the existing access point, creating the new access point, and landscaping the remaining frontage of the property, as compensation for the vacated right-of-way. The City Council will ultimately determine whether the public benefits of creating the new access point and landscaping the frontage are fair compensation for the right-of-way. The applicant has proposed a new access point that is acceptable to staff (attached). The applicant hopes to present a landscaping plan to the Commission at its May 16 meeting. STAFF RECOMMENDATION: Staff recommends that VAC02-00001, an application to vacate the frontage road right-of-way adjacent to 809 HWY 1 West, west of Ruppert Road, be approved, subject to: 1. The existing frontage road being closed at Ruppert Road; 2. A new access point being created to the properly at 809 HWY 1 West further south on Ruppert Road, with said access point and design to be approved by City staff; 3. The majority of the Highway 1 frontage of the property being landscaped with shrubs, flowering shrubs, and/or landscaped beds with flowering and other plant species, and the existing street trees being retained; 4. The Carousel Motors properties being incorporated into one single property, or an access easement being created to the triangular property at the west end of the frontage road. ATTACHMENTS: 1. Location map 2. Vacation exhibit 3. Proposed location of new access point Approved by: /-'/~.~4,~,/~ Robert Miklo, Senior Planner, Department of Planning and Community Development U:/vaoations/carousel motocs frontage.doc i_TRso/ MItLER ORCHARD DRIVE RM 44 CC 2 EALINC DRIVE RUPPERT ROAD CC 2 1 W, LLO,, C~EE. O.,VE CI I r P SITE LOCATION: Adjacent to 809 Hwy. 1 West VAC02-00001 %'~E~'E~'~'~ ,~\~\\:Sf~ 1 ~02 LEGEND AND NOTES ~0'~~ ~ ~ ~ - ~ ~s), -- -- LOT ~ IN~N~ hn=lBl.08' To~ 79 N~. R~ge 6 ~ of ~e R~ Pdnc~ ~ ~ ~C~ 16-~-R6WA RUPPERT R~AD IOWA CfTY IOWA 1~ ~ PROPOSED SITE E~IBIT MMS CO~T~, I~C. ~ ~ CAROUSEL MOTORS <> c,~ ~.~,.~ o ~0 s~.~ o ~ ~ City of Iowa City City Council 410 E. Washington St. Iowa City, IA. 52240 Re: Vacation of Frontage Road in front of Carousel Motors Dear Council: We have been working with the City Planning and Zoning department regarding the vacation of the frontage road at 809 Hwy 1 West. At'this time City Staffhas indicated that they would recommend in favor of the vacation of the frontage road. After meetings with the staff and consideration and suggestions by P & Z, an agreement concerning the relocation of the entrance to Carousel Motors and extensive new landscaping was created. We would like to request that the vacation of the frontage road at 809 Hwy 1 West be given expedited treatment so that this project can be completed this year. Planning and Zoning has approved the vacation by a 7-0 vote with the conditions of the attached landscaping plan. The landscaping, relocation of the entrance offRuppert Road, and changes to the parking area will be done at a cost of approximately $ 75,000.00. In 1986, the land on which this frontage road now exists, and the paving of the frontage road was required to be dedicated to the City by the owner of the property with the understanding that the frontage road would be continuous along Hwy 1 West as the City developed. That plan changed and the short piece of frontage road now serves no useful purpose. With the current Nissan of Iowa City development any access needs provided by the frontage road are negligent. Thank you, in advance, for considering this vacation in an expedited manner. Sincerely, Ken Williamson, President Carousel Motors LINCOLN-MERCURY · MAZDA · VOLKSWAGEN ° AUDI 809 Hwy 1 West ° Post Office Box 2057 ° Iowa City, Iowa 52244-2057 ° Telephone: (319) 354-2550 ° FAX: (319) 337-6030 MEARDON, SUEPPEL ~ DowNer P.L.C. JAMES D. I~cCARRAGHER IOWA C~[Y. IOWA 52240 - 183O July 9, 2002 Members of the City Council HAND DELIVERED City of Iowa City, Iowa Civic Center 410 East Washington Street Iowa City, IA 52240 Re: Autohaus, Ltd. d/b/a Carousel Motors - Vacation of Right of Way Dear Members of the Council: On behalf of my client, Diane Williamson, I respectfully request the Council to expedite vacation of the right of way in front of the real estate leased to Carousel Motors at 809 Highway 1 West, Iowa City, Iowa 52246. Specifically, I am requesting after the public hearing on July 16, 2002, that the Council undertake first consideration of the vacation. Second consideration can then be voted upon at the special meeting on August 19, 2002, and final consideration at the regular meeting on August 20, 2002. Thank you very much for your attention to this. If you have any questions, please phone me. ~'hon~a~ D.~Iobar~ :~:' TDH:seh cc: Mitchel T. Behr ~: ~' MINUTES j '~,_ P'-ANN,NG AND ZON,NG COMM,SS,ON PRELIiVIINARY JUNE 20, 2002 EMMA J. HARVAT HALL - CIVIC CENTER Subject to kppr0val MEMBERS PRESENT: Ann Freerks, Jerry Hansen, Ann Bovbjerg, Dean Shannon, Don Anciaux, Beth Koppes, Benjamin Chair STAFF PRESENT: Bob Miklo, John Adams, John Yapp, Shelley McCafferty, Mitch Behr OTHERS PRESENT: John Shaw, William Buss, Don Gringer, Robert Downer, Ralph Stoffer, Joann Buxton, Darrell Smith, Gary Watts, Larry Schnittjer. RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 7-0, REZ02-00004, an application submitted by Apehouse, LC for a rezoning from Neighborhood Conservation RNC-20, to Sensitive Areas Overlay-Neighborhood Conservation (SOA-RNC-20) for a .41-acre property located at 341 N. Riverside Drive. Recommended approval, by a vote of 7-0, REZ02-00005, an application submitted by William Buss for a rezoning to designate a Historic Landmark on 3 acres located a 747 West Benton Street. Recommended approval, by a vote of 7-0, REZ02-00007, an application submitted by Gringer Properties LLC for a rezoning from General Industrial (1-1) to Intensive Commercial (C1-1) for 1.14-acres located west of Riverside Drive and south of Commercial Drive. Recommended approval, by a vote of 7-0, REZ02-00009, an application submitted by Christian Retirement Services, Inc. for a rezoning from Medium Density Single-Family (RS-8) and Low Density Multi-Family (RM-12) to Planned Development Overlay (OPDH-20) to allow 43 elder congregate housing units on 2.12 acres located north of Benton Street and east of George Street subject to the final OPDH plan including a tree protection and lighting plan for the facility, and general conformance to the OPDH plan submitted. Recommended approval, by a vote of 7-0, REZ02-00002/SUB02-00009, an application submitted by Dial Corporation for an amended QPDH-12 plan for Silvercrest to allow four 4-unit townhouse style buildings and four 24-unit independent living buildings for elderly residents and a preliminary plat of Silvercrest Residential Community, Part 2 a 7-lot subdivision on 12.18 acres located southeast of the intersection of Scott Boulevard and American Legion Road. Recommended approval, by a vote of 7-0, REZ02-00006/SUB02-00008, an application submitted by Arlington L.C. for a rezoning from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay (OPDH-8) and a preliminary plat of Windsor Ridge, part 16, a 31.1-acre, 10-lot subdivision located north of Camden Road and south of Lower West Branch Road as printed including variations allowing apartments, duplexes and townhouses, allowing the distances between the apartments to be reduced to 15-feet and reducing the streets to 25-feet wide. Recommended approval, by a vote of 7-0, REZ02-00008/SUB02-00010, an application submitted by NICK Partners for rezoning from Low Density Single Family (RS-5) to Planned Development Housing Overlay (OPDH-5) to allow 23 single-family lots and 13 townhouse style residential units and the preliminary plat of Village Green, Pad XXII, a 9.31-acre 24-1ot residential subdivision located west of Scott Boulevard and north of Wellington Drive including the waivers listed in Staff's repod. Recommended approval, by a vote of 7-0, VAC02-00001, an application submitted by Diane Williamson for a vacation of the right-of-way along the frontage of the Carousel Motors property at 809 HWY 1 West subject to the conditions listed in Staff repod. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:33 pm. · Planning and Zoning Commission Minutes June 20, 2002 Page 2 PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES QN CITY BOARDS AND COMMISSIONS: Bovbjerg said vacancies for varying lengths of term on the various Boards and Commissions included the Airport Zoning Commission, Airport Zoning Board of Adjustment Commission, Housing and Community Development, and the Human Rights Commission. REZONING ITEMS: REZ02-00004, discussion of an application submitted by Apehouse, LC for a rezoning from Neighborhood Conservation RNC-20, to Sensitive Areas Overlay-Neighborhood Conservation (SOA- RNC-20) for a .41-acre property located at 341 N. Riverside Drive. McCaffedy said this item was being reviewed for the third time by the Commission under the Sensitive Areas Ordinance (SAO) for regulated slopes. She said the applicant's engineer had been working with the City and the City Engineer to resolve the storm water issues that were of a concern at the last meeting. A new submission had been received since the previous Commission meeting. As a resolution, the applicant had acquired a storm water easement from the adjacent property owner. A letter of intent from Jim Clark was attached with the documentation from Landmark Engineering. McCafferty said it was anticipated by August 1, 2002, the storm sewer along Riverside Drive would be in place and repairs would be made to the storm sewer that ran from Ridgeland Avenue down to North Riverside Drive, which were the City's portion of the engineering for this particular project. An additional inlet would be placed toward the south-east corner of the building and there would also be a concrete trough installed such that the larger storm water issues would be directed toward that inlet. McOafferty said all the water that came down Ridgeland Avenue would essential go into the storm sewer. She said Staff's opinion was that the storm water condition would be significantly improved with this project. In terms of other engineering issues, McCafferty said Planning Staff, City Engineers and the Building department were satisfied that the proposal now satisfied the requirements of the Sensitive Areas Ordinance. In terms of the geo-technical requirements, the Building Official had the discretion to require geotechnical and soil reports. The applicant had proposed to remove all the existing rubble down to the natural soil. At that time, enough geotechnical and soil samples would be taken to determine how best to engineer the footings in a manner that would not cause any instability to the slopes. McCafferty said the Building Official and the Engineer felt that was a reasonable approach to dealing with the geo-technical issues. McCafferty said in reviewing this particular project, issues the Commission should consider were the reduction of the buffer as requested by the applicant and the height of the proposed facility. Staff felt the reduction in the buffer was reasonable and would not cause any instability in the slope or any other public hazards. With the new storm water solution there would not be a dike or rock spreader in the area, which reduced the amount of development that would happen within the buffer area. With respect to the height of the proposed new facility, Staff felt it was reasonable to grant the requested 10% or 3.5 foot height increase. McCaffedy said Staff recommended that REZ02-00004, an application submitted by Apehouse, LC for a rezoning from Neighborhood Conservation RNC-20, to Sensitive Areas Overlay-Neighborhood Conservation (SOA-RNC-20) for a .41-acre property located at 341 N. Riverside Drive be approved. Bovbjerg asked for a clarification. The newest plat indicated in the underground parking area there would be three drains or area inlets with traps draining to where: To the sanitary sewer or to the storm sewer? McCafferty said a trap would trap any oil or oily runoff before it went into the sanitary sewer system. Rick Fosse, City Engineer, was in attendance to address issues and questions the Commissioners had. Fosse said he had requested his staff to review if the floor drains should be tied into the storm sewer or into the sanitary sewer. He said his preference from the Engineering Division was that they be tied into the storm sewer. Fosse said by tying into the storm sewer they did not put the sanitary sewer at risk of surcharging from flows that would unexpectedly come into the basement area. Bovbjerg pointed out that the plat said into the sanitary sewer. Fosse said it was not related to the grading plan or to the sensitive areas overlay, it was a building permit issue that still needed to be worked out. Fosse said a trap that · Planning and Zoning Commission Minutes June 20, 2002 Page 3 trapped oil before it went into the sewer was usually how installations were done. Tower Place and the other ramps in town had the traps on them and drained into the storm sewer. Bovbjerg asked if the Riverside Drive storm sewer was going to be installed yet this summer. Fosse said it was under construction now, mostly in the UI Arts campus area. They were currently sorting out the maize of utilities for passing through the Riverside corridor. There were also some repairs to be made to the east-west storm sewer that ran through the north edge of the Clark's property. Fosse said just so there would be no misconceptions, he wished to add that there would be storms that would bring more flow down than the storm sewer could handle. In those cases, it would spill over and flow down the slope where it flowed now. For an equivalent size storm, Fosse said more storm water should be getting into the storm sewer so the overland flow should be less. Fosse said he did not view that as a negative thing as it would be an improvement over what was currently there. Bovbjerg asked if the sizing of the storm troughs and drains would take most water most of the time. Fosse said that was correct. Fosse said every storm sewer system had two components - the pipe that went underground and the overland component. With the sanitary sewer, it all went into the pipe. Because it was not possible to predict how big a storm would come along or what might block the intakes, it was necessary to provide the overland route. Fosse said what the applicant was doing was grading to the property line with a 'V', however it would not look like a pronounced trough because it would not have vertical sides. The overland route would go down to the east end of the Clark's parking lot where the intake was located and when that capacity was exceeded the water would flow on over the bank. Fosse said what would govern the capacity would be the pipe that went down the hill now. It was hoped that the pipe would not need to be replaced. Fosse said he thought the collapsed area in the storm sewer was under the parking lot and he preferred to stay out of the slope if at all possible. If it was necessary to go into the slope, Fosse said he thought they would probably put in a bigger pipe, but otherwise they would live with the size that was there. Fosse said the thing that was working in their favor was that the pipe was quite deep, so a lot of head could be gotten on it which would push more water through it than what was expected of a pipe that size. Shannon asked Fosse how much restriction he thought might be on the collapsed portion of the storm sewer. Fosse said for the moderate storms, the 1-5 year events, it would make a big difference. Right now there was a fair amount of capacity that was obstructed so the pipe did not take the flow that it should. The intake that was currently on Ridgeland Avenue was a ground grate intake. A single piece of cardboard that drifted over the intake could plug it up. Fosse said that was why the overland route was so important. Having an intake at the east end of the parking lot would be nice because no second opportunity currently existed for the water to get down into the ground. The intake would be a curb opening rather than a grate which was less prone to plugging up. Fosse said items tended to go right into the intake. Public discussion was opened. John Shaw, 437 S. Summit Street, said in their application for the rezoning, they had been asked to address three issues, which had already been discussed before the Commission. The first issue was the reduction of the buffer between the construction activity and the protected slopes. The project would be engineered such that its construction would pose no threat to the slopes. The second issue was the request to increase the allowable building height. The request had been made at this time as a matter of convenience for both the applicant and for the City. Shaw said the applicant had the ability to go after the increase in height as a minor modification later in the process, but the applicant preferred to roll it all in and get it done at one time. As currently designed, the building exceeded the allowable height by one foot seven inches. Shaw said the 3~ foot number was related to the fact that allowable building increases went in 10% increments. The allowable height was 35 feet, hence the 3~ foot allowable increase. Shaw said the reason the building was proposed to be built to that height was because the applicant wanted to echo some of the pitches found elsewhere in the neighborhood with the roof slope. The roof pitch could be lowered, but would result in a less attractive structure. The third issue was storm water drainage. In conjunction with the City Engineering Staff and the adjacent property owner, Jim Clark, their proposed solution actually improved the existing conditions and enhanced the stability of the protected slopes. The City would repair the existing storm sewer located under the Clark property parking lot and would construct a new intake at the east end of the Clark property parking lot. The intake would be connected to the new storm sewer being constructed along Riverside Drive. The intake would be designed to take the vast majority of the water that currently ran down the protected slopes. The repair of the existing storm Planning and Zoning Commission Minutes June 20, 2002 Page 4 sewer coupled with the construction of the Lucy project provided the opportunity to create a managed path for the storm water. Shaw said Clark had agreed to grant an easement which would allow both on- and off-site storm water to flow over his property. The Iow spot was located at the property line. The roof drainage from the Lucy project would be connected to the storm sewer with a sub-surface tile system which would feed into the storm sewer. Water falling on the site would be directed via trench drains or intakes to the storm sewer system. Erosion of the existing sensitive slopes would be virtually eliminated due to the Lucy project, the City's re-working of the existing storm sewer and the installation of the intake on the Clark property. In response to a question by Bovbjerg regarding the roof drains, Shaw said when the storm sewer was opened up and repaired by the City, the applicant was considering adding a "T" juncture on to accept the Lucy project roof drains. He had already discussed that with Clark, who was comfortable and agreeable with the "T" being added. Public discussion was closed. Motion: Chait made a motion to approve REZ02-00004, an application submitted by Apehouse, LC for a rezoning from Neighborhood Conservation RNC-20, to Sensitive Areas Overlay-Neighborhood Conservation (SOA~RNC-20) for a .41-acre property located at 341 N. Riverside Drive including the variations for an increase in height and a reduction in the buffer. Shannon seconded the motion. Hansen asked Fosse in the repair of the storm water drain was there a difference between replacing and relining the drain? Fosse said relining reduced the diameter by about 3/8 of an inch but a smoother inside wall with no joints more than offset the reduction in diameter. Fosse said in this case the technique they intended to use was reconstruction, which would also shallow it up at the same time. It would be kept deep enough so it could be tied in with the roof and floor drains. Fosse said the City would use a little television camera inside the pipe to see what was wrong and the extent of the obstruction. Hansen said correspondence had been received which said the project still did not solve the problems of the storm water. He felt City Staff had done a good job on the project and was ready to vote on it. Shannon said he felt the same way. The Commission had asked for answers and the Staff had provided them with the answers. It was time to move on. Freerks said she appreciated the applicant's meeting with the neighbors and attempting to address their concerns and the project had turned out better because of that. It was always better to have people working together in advance as much as possible. Freerks said in many cases the Commission did not have the opportunity to comment on roof pitches, she felt the height difference was a good thing, that it helped to set the building a little better in that particular area. Many apartment buildings throughout the City did not match the surrounding area they were located in. Anciaux said he was happy the sewer would be fixed. Bovbjerg said she was very pleased with the neighbors, the applicants and the City who had worked over and over trying to get the best possible design. For this particular ground and this neighborhood, Bovbjerg said she felt the project would be an asset to the neighborhood. The motion passed on a 7-0 vote. REZ02-0000~, discussion of an application submitted by William Buss for a rezoning to designate a Historic Landmark on 3 acres located a 747 West Benton Street. McCaffedy said this was an application for an overlay zone to designate a historic landmark on the Buss property which was originally the Cyrus Ranck house. At the previous meeting, Staff had been waiting on a letter from the State Historical Society regarding the State's recommendation. According to the ordinance, the recommendation had to be 'in hand' prior to any action by the Planning and Zoning Commission. The letter had been received. The State recommended approval, but approval was subject to correction of deficiencies that were in the application when it was submitted. Essentially providing an additional map which indicted where the buildings on the property were located and identifying where the · Planning and Zoning Commission Minutes June 20, 2002 Page 5 property was on some historic plat maps was necessary. Staff were in the process of resolving those deficiencies. The Historic Preservation Plan (HPP), written in 1992, was adopted by the Comprehensive Plan in 1997. McCafferty said, "The mission of the HPP is that Iowa City and its citizens seek to identify, protect and preserve the community's historic character in order to enhance the quality of life and economic well being of current and future generations." It was felt that conserving old buildings in neighborhoods made a good community better. Iowa City had been blessed with a oollection of well-maintained neighborhoods and individual land marks which were recognized and appreciated by the entire community. At the beginning of the Comprehensive Plan there are 10 different strategies/goals and various strategies for achieving those goals. Under four of the strategies/goals, the HPP was mentioned. Under Art, Culture and Human Development, one of the goals was to document and preserve cultural heritage. Under Environmental Protection, the goal was to maintain the integrity of scenic and historic vistas. Under Housing goals and strategies, the goal was to preserve the integrity of existing neighborhoods and the historio nature of older neighborhoods. Under Land Use and Urban Patterns, a goal was to protect the historical and natural environment within the City. McCafferty said it was clear that the Comprehensive Plan and the Historic Preservation Plan supported the designation of historic landmarks and districts. McCafferty said it had been determined that this was a historic property and it was worthy of the designation of historic landmark which had been determined by both the State Historic Society and the Iowa City Historic Preservation Commission. McCafferty said Staff recommended REZ02-00005, an application submitted by William Buss for a rezoning to designate a Historic Landmark on 3 acres located a 747 West Benton Street be approved. Bovbjerg asked if the noted deficiencies precluded the recommendation itself. McCafferty said they did not. The deficiencies had nothing to do with the historic quality of the building but were administrative details regarding the application itself. The deficiencies would be resolved by the time of the Council's public hearing. Bovbjerg asked McCafferty to address the question that had been raised about the possibility of an easement across the Buss properly. McCafferty said she had no additional information regarding an easement. The Commissioners had previously received a memo from Jeff Davidson which stated that even if there were a historic easement across the property, the site lines, terrain and the topography of that particular site would not be conducive to having a road connection for Benton Street with Hwy 1. It was not currently nor in the future expected to have a road at this location. McCafferty said Staff and the applicant's attorney, Phil Left, had not found any evidence of any type of an easement. Public discussion was opened. William Buss, 747 West Benton Street, said he was there to answer any questions the Commission might have. Public discussion was closed. Motion: Freerks made a motion to approve REZ02-00005, an application submitted by William Buss for a rezoning to designate a Historic Landmark on 3 acres located a 747 W. Benton Street. Hansen seconded the motion. Freerks said she felt this was a wise thing to do. It was nice to historic properties designated throughout different places within the City and not just massed in a few areas. The neighborhood in which the Buss property was located was changing and it was very different from what it once was. Freerks thanked the applicant for all his hard work with regard to this application. Anciaux said he liked the fact that the present owner voluntarily put the properly up for historic preservation as opposed to other situations which had come before the Commission in which a historic preservation application was not an owner initiated request. The motion passed on a vote of 7-0. Planning and Zoning Commission Minutes June 20, 2002 Page 6 REZ02-00007, discussion of an application submitted by Gringer Properties LLC for a rezoning from General Industrial (I-1) to Intensive Commercial (C1-1) for 1.14-acres located west of Riverside Drive and south of Commercial Drive. Adam referred to a memorandum they had received from him prior to the start of the meeting. He said the issue of a discrepancy between the location of sanitary sewer and of a sewer easement would no longer be an issue for the rezoning of this property. Adam said Staff's recommendations for approval would no longer be conditioned on this. The discrepancy would be resolved between City Engineering staff and the applicant. Additionally, a version of the Conditional Zoning Agreement had been worked out. Adam had spoken with Gringer who understood that the presence of the auto repair shop meant that the paving of the existing parking area would have to take place immediately upon Councils' approval of the rezoning. A typo in the Staff Repod dated 5/22/02 indicated acreage was 1.34 acres; it was actually 1.14 acres. Adam said Staff recommended REZ02-00007, an application submitted by Gringer Properties LLC for a rezoning from General Industrial (I-1) to Intensive Commercial (C1-1) for 1.34-acres located west of Riverside Drive and south of Commercial Drive be approved subject to the execution of the CZA which addressed parking 1or and landscaping improvements. Public discussion was opened. Don Gdn.qer, 3536 Hwy 1 SW, said he was there to address any questions the Commission might have. Bovbjerg asked if the details of the CZA had been worked out and everyone was satisfied with the conditions. Adam said Gringer had not seen the full version of the CZA as yet but he had agreed to the specific conditions contained in the draft. A final version would be ready within the next couple of days and Adam would review it with him. The CZA would have to be signed before this application went before the Council in August. Public discussion was closed. Motion: Hansen made a motion to approve REZ02-00007, an application submitted by Gdnger Properties LLC for a rezoning from General Industrial (I-1) to Intensive Commercial (Cl-1) for 1.14-acres located west of Riverside Drive and south of Commercial Drive subject to the execution of the final Conditional Zoning Agreement. Chair seconded the motion. The motion passed on a vote of 7-0. REZ02-0000~, discussion of an application submitted by Christian Retirement Services, Inc. for a rezoning from Medium Density Single-Family (RS-8) and Low Density Multi-Family (RM-12) to Planned Development Overlay (OPDH-20) to allow 43 elder congregate housing units on 2.12 acres located north of Benton Street and east of George Street. Yapp said the design plans for the proposed Oaknoll facility had been presented by the architect at the previous meeting. The concerns that Staff had had with the application were related to the proposed truck access point on George Street and the third story fa(;ade of the proposed facility. The applicant had redesigned the third story facade to add windows and to add more of a sloping roof line to be more compatible with the residential appearance of the George Street neighborhood. The applicant had also altered their site plan to preserve the truck access point on Oakcrest Street where it was currently located. There would be no truck access point on George Street, only a vehicular access for residents and staff. He said Planning Staff felt that was acceptable and should not increase the traffic on George Street significantly. Yapp said Staff recommended approval of REZ02-0000~, an application submitted by Christian Retirement Services, Inc. for a rezoning from Medium Density Single-Family (RS-8) and Low Density Multi-Family (RM-12) to Planned Development Overlay (OPDH-20) to allow 43 eider congregate housing units on 2.12 acres located north of Benton Street and east of George Street subject to a tree protection plan and a landscaping plan being done as part of the final planned development for this property. Yapp said at this time Staff did not have a tree protection plan nor a landscaping plan because Oaknoll did not intend to pursue this expansion of the facility for approximately five years. Those plans would be finalized at that time. Public discussion was opened. Planning and Zoning Commission Minutes June 20, 2002 Page 7 Robert Downer, 122 South Linn Street, said they did not have anything to add to the Staff Repod. Pat Heiden, the Executive Director of Oaknoll and Mark Anderson, the project architect and he were all present to address questions the Commission might have. Public discussion was closed. Motion: Shannon made a motion to approve REZ02-0000~, an application submitted by Christian Retirement Services, Inc. for a rezoning from Medium Density Single-Family (RS-8) and Low Density Multi-Family (RM-12) to Planned Development Overlay (OPDH-20) to allow 43 elder congregate housing units on 2.12 acres located north of Benton Street and east of George Street subject to the final OPDH plan including a tree protection and lighting plan for the facility, and general conformance to the OPDH plan submitted. Hansen seconded the motion. Hansen thanked the applicant for moving the loading dock to Oakcrest Street which he felt would eliminate a lot of potential problems. He recognized Oaknoll as being a well planned and well maintained facility in their neighborhood. Shannon said he liked the way the plans and design had been revised so that the proposed facility did not look like just a big building and would be very interested to see outcome of that phase completed. The motion passed on a vote of 7-0. REZ02-00010, discussion of an application submitted by Craig Petit for a rezoning from Low Density Multi-Family (RM-12) to Sensitive Areas Overlay Low Density Multi-Family (OSA-12) on 1.06 acres to allow a 12-unit multi-family building located on the west side of First Avenue south of Stuart Court. Yapp said a rezoning was required due to the presence of critical slopes, slopes which are over 25% steep, on the property. Much of the property was covered with steep and critical slopes which were regulated by the Sensitive Areas Ordinance (SAC). Yapp said when Staff reviewed this development as well as other developments in this area, the goal was to minimize disturbance to steep and critical slopes. Yapp said one of the purposes of the SAC was to foster urban design that preserved open space and minimized the disturbances of sensitive environmental features. The SAC stated that building designs which took into account the existing topography should be encouraged. The proposed development, a 12- unit building with surface and garage parking, would disturb approximately 74% of the regulated slopes on the property and approximately 70-80% of the steep slopes on the property. The applicant had made some attempts to minimize disturbance through the use of retaining walls, steep drives and the locations of the parking areas on the contours of the land. However, Staff could not justify the slope disturbance was being minimized because 70~80% of the steep slopes were being disturbed. Yapp said Staff had informed the applicant that Staff would not recommend approval of the design because of the extent of slope disturbance. The applicant had requested a deferral to 7/18/02 to allow them time to redesign the site, but had requested the public hearing occur to get reactions and comments from neighborhood residents and the Commission. Yapp said Staff recommended deferral of the application to 7/18/02 at the request of the applicant. Public discussion was opened. Ralph Stoffer, project engineer, said he, the property owners, and the project builder were all present. They had identified a number of things that could be done to reduce the impact on the slopes. At present, they were clarifying what was financially feasible and what was not. They also wanted to incorporate the Commission's comments on the project so at the next meeting, design approval could be obtained. A more complete application would be available in approximately one month. Bovbjerg said before the Commission discussed the application, she wished to make it clear that the give and take of suggestions should never be assumed, if particular suggestions or questions by particular Commissioners were satisfied, that the Commission would automatically approve an application. Joan Buxton, 5'10 N. First Avenue, said she was pleased to see that Staff was not recommending the proposed design because it did not meet the critical slopes designation. She said the residents who lived on North First Avenue, right across from where the development was occurring, were quite upset about the whole development of the area. Buxton said earlier that morning she had stood in the driveway of the · Planning and Zoning Commission Minutes June 20, 2002 Page 8 first building that was being built and could not see around the curve to see if traffic was approaching. She felt it would be a continuation of increased traffic on the street and a disruption of the critical slopes. Buxton said she felt any type of project that would be approved should be designed to fit the topography of the area. Public discussion was closed. Motion: Koppes made a motion to defer REZ02-00010, an application submitted by Craig Petit for a rezoning from Low Density Multi-Family (RM-12) to Sensitive Areas Overlay Low Density Multi-Family (OSA-12) on 1.06 acres to allow a 12-unit multi-family building located on the west side of First Avenue south of Stuad Court to July 18, 2002. Freerks seconded the motion. Hansen said anything that disturbed 75% of the critical slopes would be difficult. The ordinance was in place to protect the slopes, so philosophically speaking, if the Commission voted to approve a 10%, 20% or even 30% disturbance to the slopes, were they protecting the slopes. Seeing the design would be more impodant to him than just talking about what might be done. Shannon said he could not visualize what the development would look like at this point, so he was also not sure what should be done. Bovbjerg said what she saw when she looked at the design was a standard 12-plex with standard garages on very unstandard topography. It seemed to her if the property were to be developed, there must be a way of tucking the building designed for that topography into that area rather than trying to get the slopes, which were there and were natural, to conform to the building. She said essentially the SAC looked at having a building conform to the topography. If it could not be done, perhaps consider putting lower density in, deciding it was not buildable or constructing only 2 buildings on the site. Anything put on the lot should be carefully tailored to conform to the topography. She said one of the proposed design details, #7 a steep driveway, was the last thing the project needed. Bovbjerg said she felt a fiat driveway with people walking up to the garages or to the dwelling would be better as feet could take it much more easily than cars could. It already was a fairly steep and very busy street. Residents from other projects south of this development and across the street would also be trying to get onto the street. Planned developments took into account topography and making things different so a property could be used for a development. Bovbjerg said she felt the proposed project did not fit into the land and to some extent not into the neighborhood. Chair asked if there was a certain comfort range of what was allowable. Yapp said in Lot 2 to the south, which was also a sensitive areas rezoning, 35% of the critical slopes were disturbed and 55% of the steep slopes were disturbed, so in total it was about 40% of slope disturbance. Yapp said the reason there was not a percentage in the ordinance was because requests needed to be considered on a case- by-case basis, depending on the topography of the lot. This property had slopes running diagonally across almost all of it. Yapp said he felt it could not be developed without disturbing the slopes but the goal was to minimize disturbance. Yapp said in looking at the proposed layout, slope disturbance could be minimized by having one parking lot instead of two and eliminating the garages. The goal of the ordinance was to design a property taking into account the existing topography. Chair asked if nothing on the site were disturbed in terms of contour, and a hole was dug to put a building in, would that be considered disturbing? Yapp said it would be considered disturbing, but it would be very minimal. Shannon said expanding on Chair's idea, it might be possible to build a building there but just have the building's footprint disturb what was already there. Yapp said if the extent of the disturbance was just the building's footprint that would be one way of minimizing the disturbance. Hansen said it would be very helpful to have three dimensional drawings showing where all the retaining walls and drainage ways would sit on the property in relationship to the buildings. Chair said what he was hearing was that a site like the one being discussed could be developed. The Commission was looking for a design that respected the site, but could not give a magic number with regard to an approvable percentage of slope disturbance. With respect to building design and presentations, he recommended something similar to what the Mercy Clinic on First Avenue had used - an auto-cad fly around which allowed the Commission to see the proposal from all angles. Staff would not design the building, but they were available to help. Planning and Zoning Commission Minutes June 20, 2002 Page 9 Hansen said the ordinance was designed to preserve the character of the ground and prevent erosion from the slopes. He suggested the applicant consider types of materials to be used in the retaining walls and how they would ultimately look. The building and the amenities around it needed to fit the site. Bovbjerg suggested also bearing in mind that disturbance included nat only the building's footprint but the space needed for digging, forms, machinery, where the trucks would entedexit the site, and travel on the terrain. Freerks asked about height restrictions. Yapp said under the SAO the height requirement could be waived. Hansen suggested the design still had to fit the site. The motion passed on a 7-0 vote. REZONING/DEVELOPMENT ITEMS: REZ02-00002/SUB02-00009, discussion of an application submitted by Dial Corporation for an amended OPDH-12 plan for Silvercrest to allow four 4-unit townhouse style buildings and four 24~unit independent living buildings for elderly residents and a preliminary plat of Silvercrest Residential Community, Part 2 a 7-lot subdivision on 12.18 acres located southeast of the intersection of Scott Boulevard and American Legion Road. Miklo said the Commission had been reviewing this application since early April. Staff had received a revised site development plan. Most of site remained as shown on the site plan the Commission had reviewed earlier. The changes were in the southern portion of the site. Townhouses had been relocated to allow the establishment of a dry bottom stormwater basin and grading would be done such that more of the water would be directed toward the new basin. With that change, the existing stormwater basin would not have to be extended as far to the east as previously proposed. There would be at least 120-140 feet between the property line to the east and the high water mark of the stormwater detention facility. Public Works staff had reviewed the revised stormwater management plan and found it met ordinance requirements and found it to be a viable plan. There were waivers of setbacks, building heights, etc that had been previously presented and discussed that would be included in the approval of the plan. Miklo said Staff recommended approval of REZ02-00002/SUB02-00009., an application submitted by Dial Corporation for an amended OPDH-12 plan for Silvercrest to allow four 4-unit townhouse style buildings and four 24-unit independent living buildings for elderly residents and a preliminary plat of Silvercrest Residential Community, Part 2 a 7-lot subdivision on 12.18 acres located southeast of the intersection of Scott Boulevard and American Legion Road with the waivers mentioned subject to general conformance with the submitted OPDH plan, landscaping plan and elevation drawings which included buildings with masonry facades and hard board siding, and Staff approval of exterior lighting limits to address the concerns of the neighbors regarding lighting from this property. The lighting plan might be above and beyond what current lighting standards required. Chait asked for clarification about the private agreement between the applicant and the neighbors to the east. Miklo said although the City Engineer had attended the meeting where the agreement was discussed, the City was not a part of the agreement. Miklo said the applicant or the neighbor might need to address Chait's question as the City was not a part of the agreement, they did not have a copy of it. Bovbjerg asked with the shifting of the townhouses from the west to the north, did it change the lay of Silvercrest Way? Miklo said there were no major changes from the last plan in that area. The new plan was much better in terms of vehicle access to the area, especially for emergency vehicles to the area, there was the hammerhead turnaround and in general it was a big improvement in addition to the drainage concerns that had been addressed. Koppes asked if Pond A on the east side had moved or grown in size? Miklo said it would be slightly larger than the current basin that was on the ground. It would not be enlarged to the extent that had been previously proposed. The smaller expansion was an attempt to address concerns expressed by Prybil. Public discussion was opened. Planning and Zoning Commission Minutes June 20, 2002 Page 10 Darrell Smith, Van Winkle Jacob Engineering, said they were able to make the stormwater retention basin in the southwest corner able to catch additional runoff due to the 4-plexes. The existing south east pond would be more contoured and would only move about 5 or 6 feet fudher east than where it currently was. That was necessary to ensure that the volume was there to handle stormwater. The changes to the south east pond were very minimal in terms of eastward expansion. Koppes asked if it had gone further south. Smith said they were matching existing contours in the south east corner. Bovbjerg asked where was the break in the water flow. On an overhead drawing, Smith indicated where the water flows would be directed. Bovbjerg asked if and where was the outlet pipe from the basin. Smith said there was an outlet pipe at the very bottom of the pond that would connect with the existing storm sewer and also an emergency overflow. Bovbjerg asked if the water would be flowing over the sidewalk down into the pond. Smith said that was correct. Shannon asked Smith to confirm that the south west water retention basin would be dry. Smith said that was correct. Shannon asked what was the difference between a wet bottom and a dry bottom and why did they chose to have water in the south east pond? Smith said Shannon would have to ask the applicant, he did not do the designs for the wet bottom pond. Bovbjerg said the dry bottom would be dry because the pipe was right at the bottom and anything that drained into the pond would drain right out again. Public discussion was closed. Motion: Freerks made a motion to approve REZ02-00002/SUB02-00009, an application submitted by Dial Corporation for an amended OPDH-12 plan for S#vercresf to allow four 4-unit townhouse style buildings and four 24-unit independent living buildings for elderly residents and a preliminary plat of Silvercrest Residential Community, Part 2 a 7-lot subdivision on 12.18 acres located southeast of the intersection of Scott Boulevard and American Legion Road subject to an OPDH plan including a waiver of the minimum 35 feet of frontage required on a public street; a reduction in rear yards as shown on the OPDH plan; a waiver of the 35 foot height limit to 45 feet for those buildings with underground parking as shown on the OPDH plan and subject to development generally conforming to the submitted OPDH plan, landscaping plan and elevation drawings, which include buildings with masonry facades and hard board siding; and staff approval of an exterior lighting plan. Koppes seconded the motion. Shannon said looking at what Diat Corporation had already built in that area in the past it had been a very nice development. Baring any problems with the neighbors, which seemed to have happened in the past, he would support the application. Freerks said the details were much improved. Hansen said he appreciated the applicant's work on the stormwater detention basin. It would go a long way toward settling a person's fears about it. Anciaux said he felt they had done everything per the City ordinance on overland water flow. Any seeping out of the wet pond would have to be handled between the applicant and the neighbor. Bovbjerg said she agreed. This was a very good indication of how a planned development and a lot of people working back and forth could get what seemed to be a very good looking, very workable design. Staff and the applicants were both to be congratulated. The motion passed on a vote of 7-0. REZ02-00006/SUB02-00008., discussion of an application submitted by Arlington LC. for a rezoning from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay (OPDH-8) and a preliminary plat of Windsor Ridge, part 16, a 31.1-acre, 10-lot subdivision located north of Camden Road and south of Lower West Branch Road. McCafferty since the last meeting there had been changes to the plan. During the Commission's informal meeting, the applicant presented a plan which removed a duplex to create a pocket park. In response to Planning and Zoning Commission Minutes June 20, 2002 Page 11 the Commission's concerns regarding open space the applicant had removed another duplex to create a park between the two north/south streets designated as Outlot C, a .57-acre lot, noted on the plan to be dedicated to the public. McCafferty said in an e-mail from Terry Trueblood, he stated that given the current budget of the Parks and Recreation Commission as well as the fact that they prefer not to have to maintain many smaller parks, Trueblood did not recommend that Outlot C be dedicated to the City. McCafferty said Staff and the Commission had previously requested further demarcation of the trail at the north/south streets so it did not feel as if a person were going between two buildings or through private space in order to use the public trail. The applicant had recommended the design of a trail head that had paving, a bench and additional landscaping to demarcate the intersection of the trail with the streets. McCaffedy read a statement from The Northeast District Plan, "Higher density residential buildings may be considered if appropriate for this highly visible focal point of the Lindemann Hills neighborhood." She said Staff had worked extensively with the applicant on the design of the multi-family buildings and also in terms of revising the street plan to have a more efficient compact street plan that met the goals of the Comprehensive Plan. The applicant had modified the standard 12-plexes to a design that Staff felt was more appropriate to the particular location. The townhouses had also been modified to give a more of a sense of individual entrances and demarcation of the individual units as well as improving the quality of the materials the applicant had proposed to use. McCafferty said Staff recommended approval of the designs. McCafferty said on the east side of the square, the applicant would use the standard townhouse plan. In response to concerns by Staff and the Commission about the design of the buildings and what was proposed on Red Hill Lane, the applicant had tried to improve the design of the rear of the building by adding a gable over the screen porch, a door to get into the unit, a deck and porch. Staff still had some concerns and would rather have seen a building specifically designed for this particular site, but noted the applicant had made some effort to improving the building design along Red Hill Lane. With respect to concerns regarding open space, there were approximately 11-acres of open space in the Lindemann subdivision. There was no dedicated open space yet in Stone Bridge Estates, but the intent was that when the area was all platted there would be open space along the stream corridor. The open space requirement for Windsor Ridge 15 was to be met in Windsor Ridge 16. The deficit would be 1-acre. Bovbjerg asked if the entire development was a planned condominium development. McCafferty said it was her understanding that the parcel was not individual lots for sale, but would be condominiumized. There would be a private homeowners association that would care for the private spaces in the area as well as for the private streets. McCafferty said Staff recommended approval of REZ02-00006/SUB02- 00008, an application submitted by Arlington L.C. for a rezoning from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay (OPDH-8) and a preliminary plat of Windsor Ridge, part 16, a 31.1-acre, 10-lot subdivision located north of Camden Road and south of Lower West Branch Road as well as the variations requested by the applicant. Public discussion was opened. Gary Watts, 4988 Lower West Branch Road, said Outlot A would be accepted by the City. Outlot C, at the preference of the Parks and Recreation department, would be maintained by the private homeowners association. Watts said the private spaces throughout the entire development equal approximately 2.28- acres and would be maintained by the homeowners association. The pond area was .94-acre. Total public space, which previously included Oufiot C which now would be maintained by the homeowners association, was 1.5-acres. The 8-foot trail was 850 feet long. Chair asked Watts what was required for open space. Watts said he could not answer that, he did not know. When he went to Parks and Recreation, they had assessed him "Fees in Lieu of," he thought they wanted to use the fees for Outlot A. Chair said what had been discussed Monday evening at the Informal Commission meeting was, the project would be shod of public open space so "Fees in Lieu of" would be assessed. However, the aggregate of private open space and public open space, how did that compare to the required open space. McCafferty said the open space which was required for both Windsor Ridge 15 and 16, was 1.75- acres. Based upon Outlot A, which Parks and Recreation had accepted, there was a deficit of approximately 1-acre. Watts said private open space was in excess of 4-acres total, part of which was a pond. In addition there was the 850-foot trail. Planning and Zoning Commission Minutes June 20, 2002 Page 12 Watts said lenders liked to see a lot of separate associations, based upon how many were rented and how many were sold. It became rather hairy in the secondary market. In this particutar project, 9 lots were laid out, the different condo-associations and/or segregated areas would have different names. That had been done more from a lending and marketing policy standpoint. The narrower streets were necessary due to the width of the one-story buildings. They were not very wide in the front, so the expansion was moved to the rear of the units. In order to have a decent sized pond, it had been necessary to have narrower streets. Watts said this project was not something that he and John Moreland had taken lightly. In the design stage, they had spent six months to one year talking to designers, looking at what they could sell and talking to marketing people before they even talked to City Staff. When they started working with City Staff they spend 6-9 months on the project. They felt it was a good project and it was exciting to bring diversity into the Windsor Ridge Area. Sales had been strong, most of the product was one-story, one-level ranches. Watts said they appreciated the relationship they had with Staff, they did not take it lightly and they appreciated everyone's efforts. Hansen asked about the townhouse section in Lot 9, was there landscaping for the back side of the townhouses. Watts said there was parking and in between the units was landscaped trees. In the front there were a lot of plantings and trees. Watts said approximately 25 feet out of the garages was concrete space. Miklo indicated the area where there was no landscaping shown that Hansen was referring to. Watts said they could landscape that area with evergreen trees. Watts said in a normal duplex, the City requirement on side yards was 5-feet. If this area were normal duplexes, in a duplex zone, there would be 10 feet in between the units. There was at minimum 15-20 feet between the units. Hansen said he really appreciated Outlot C right along the trail. It would be a great amenity to the residents and would go over big. Bovbjerg said Outlot C was great. The two lots and the wider trail said to the people, ~VVe want you to use this." The other smaller private places would make it obvious to the people that it was there for them. Bovbjerg said she had received a call earlier in the day from Mr. Steger, who lived next to Lot 9. He had been happy to hear the discussion regarding the green space at the previous meeting. Steger said he had a fir tree windbreak there and hoped it would not be a problem. Bovbjerg said she was concerned because the townhouses on Lot 9 looked crowded. Watts said the trees would all be new. Steger's fir trees were very ~arge, 10-14 feet thick. Bovbjerg asked how close the construction would come to the trees. They should be protected and not injured at all. The fir trees would be an offsite amenity to everyone living on Lot 9. Watts said he didn't know how close to the property line it was. Bovbjerg said it seemed if the existing fir trees were so close to the property line a sidewalk variation would be required instead of ruining the trees. A variation on the sidewalk would be a benefit to everyone. Public discussion was closed. Motion: Anciaux made a motion to approve REZ02-00006/SUB02-0000~, an application submitted by Arlington L.C. for a rezoning from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay (OPDH-8) and a preliminary plat of Windsor Ridge, part 16, a 31.1-acre, 10-lot subdivision located north of Camden Road and south of Lower West Branch Road as printed including variations allowing apartments, duplexes and townhouses, allowing the distances between the apartments to be reduced to 15-feet and reducing the streets to 25-feet wide. Chair seconded the motion. Chair said he wished to summarize the open space concerns that the Commission had had Monday evening. There was a deficiency of dedicated public open space, there would be Fees in Lieu Of and the private open space added to the dedicated public open space exceeded the requirement for public open space. Chair said it seemed to him there was substantially more open space than was required for public open space. Anciaux said he agreed with Chait. The private space served the houses that were around it, houses that were privately owned, so it actually reduced the need for public space in the area. Around the 12-plexes and townhouses, Outlot A gave a central park look to the more dense spaces. On this side of the road it was 1-acre, on the other side of the road it would be close to 2-acres so the people in the 'plexes and townhouses would also have a place to recreate. Planning and Zoning Commission Minutes June 20, 2002 Page 13 Hansen said with regard to the open space, he would like to say, "Thank you very much." It did not matter how they got there, public or private, it was still open space and would be enjoyed by the people who lived there. Shannon said he grew up in a neighborhood where there was no open space, so they played in someone's yard. He felt open space was very important and the Commission was always advocating for open space. In this instance a developer found a way to come up with more open space, the City was strapped for monies and had been for some time but they did not have the money to maintain what they had. Shannon said he wished to send word to the Council - they had to find some way of putting more money into the Parks Commission, then they would not have to turn down property or gifts of a park. Shannon said it was time for a decision from on top, did the City want to have good parks. Freerks said she agreed with Shannon. It was no fault of the applicant. The park was important to that neighborhood. The Council needed to funnel money into parks maintenance. Bovbjerg said she appreciated the final results of everyone working on the proposal. The open space would mean a great deal to the persons living there. She had also grown up in a place where there were no demarked open spaces, but the lawns were bigger or they played in the street. The space in this project allowed higher densities but still allowed the people to get out of the house to walk around and see people. It was a good way of using the land to get density and to get out in the open. Bovbjerg said she also appreciated that Watts had proposed to build accessible, slab houses that were affordable. Something for everyone was a good idea. There were many types of people with many types of abilities both financially and physically over their lifespan. The motion passed on a vote of 7-0. REZ02-00008/SUB02-00010, discussion of an application submitted by NICK Partners for rezoning from Low Density Single Family (RS-5) to Planned Development Housing Overlay (OPDH-5) to allow 23 single-family lots and 13 townhouse style residential units and the preliminary plat of Village Green, Part XXII, a 9.31-acre 24-1ot residential subdivision located west of Scott Boulevard and north of Wellington Drive. Miklo said the Staff report had been delivered at the previous meeting. Staff recommended approval of, REZ02-00008/SUB02-00010, an application submitted by NICK Partners for rezoning from Low Density Single Family (RS-5) to Planned Development Housing Overlay (OPDH-5) to allow 23 single-family lots and 13 townhouse style residential units and the preliminary plat of Village Green, Part XXII, a 9.31-acre 24-1ot residential subdivision located west of Scott Boulevard and north of Wellington Drive including the waivers that some of the single family lots would be slightly narrower than the 60-foot required, the variation allowing townhouse style units on Lot 24, private street on Lot 24 and a landscaped buffer which included an easement that prohibited individuals from removing the landscaping. Public discussion was opened. There was none. Public discussion was closed. Motion: Hansen made a motion to approve REZ02-00008/SUB02-00010, an application submitted by NICK Partners for rezoning from Low Density Single Family (RS-5) to Planned Development Housing Overlay (OPDH-5) to allow 23 single-family lots and 13 townhouse style residential units and the preliminary plat of Village Green, Part XXII, a 9.31-acre 24-1ot residential subdivision located west of Scott Boulevard and north of Wellington Drive including the waivers listed in the Staff report. Anciaux seconded the motion. The motion passed on a vote of 7-0. VACATION ITEM: VAC02-00001, discussion of an application submitted by Diane Williamson for a vacation of the right-of- way along the frontage of the Carousel Motors property at 809 HWY 1 West. Miklo said in the Staff Report prepared for the June 6, 2002, meeting, Staff had recommended approval subject to: 1. the exiting frontage road being closed at Ruppert Road; Planning and Zoning Commission Minutes June 20, 2002 Page 14 2. a new access point being created to the property at 809 HWY 1 West fudher south on Ruppert Road, with said access point and design to be approved by City staff; 3. the majority of HWY 1 frontage of the properly being landscaped with shrubs, flowering shrubs and/or landscaped beds with flowering and other plant species, and the existing street trees being retained; 4. the Carousel Motors properties being incorporated into one single properly, or an access easement being created to the triangular property at the west end of the frontage road. A revised plan had been received on Monday, June 17, 2002~ which Staff felt met the conditions stipulated in Item #3. Miklo said with receipt of the latest plan, Staff recommended approval of VAC02- 00001. Public discussion was opened. There was none. Public discussion was closed. Motion: Anciaux moved to approve VAC02-00001 subject to the conditions as outlined above. Shannon seconded the motion. The motion passed on a vote of 7-0. OTHER: Miklo reminded the Commission they would not meet July 1 and 4, 2002. He said it was likely the Southwest District Plan would be presented to the Commission on July 15 and 18, 2002, so a public hearing could be set for August 1, 2002. It would include a rezoning of the Ruppert property on HWY 1. The Neighborhood Association had been notified. Anciaux said the Commission had approved a zoning change to allow apartments to be built on Westminster Drive. At that time there had been a big issue about drainage problems in that area. Anciaux asked if those improvements had ever been made and did the Commission ever get a follow-up report? Miklo said he thought the Commission had required the roof drains be directed back toward the stormwater basin. The City Engineer was to devise a solution. Miklo said he would ask the City Engineer for an update. CONSIDERATION OF JUNE 6, 2002 MEETING MINUTES: Motion: Anciaux made a motion to accept the minutes as printed and corrected. Shannon seconded the motion. The motion passed on a vote of 7-0. ADJOURNMENT: Anciaux made a motion to adjourn the meeting at 10:02 pm. Koppes seconded the motion. The motion passed on a vote of 7-0. Jerry Hansen, Secretary Minutes submitted by Candy Barnhill Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ02-00009) ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE-FAMILY, RS-8 AND LOW DENSITY MULTI-FAMILY, RM-12 TO MEDIUM DENSITY MULTI-FAMILY - PLANNED DEVELOPMENT HOUSING OVERLAY, OPDH-20 FOR 2.12 ACRES OF PROPERTY LOCATED NORTH OF BENTON STREET AND EAST OF GEORGE STREET. WHEREAS, Christian Retirement Services, Owner of Oaknoll Retirement Residence, has applied for a rezoning of 2.12 acres in property from RS-8 and RM-12 to OPDH-20, and has submitted a preliminary Planned Development Housing Overlay (OPDH) plan for the development of the property; and WHEREAS, the preliminary OPDH plan illustrates a 92,000 square foot addition to the Oaknoll facility, including 43 elderly apartment units and over 15,000 sq. ft. of public space; and WHEREAS, the Planning and Zoning Commission has reviewed the preliminary OPDH plan and finds the design of it to be compatible with the surrounding neighborhood and has recommended approval of the said plans; and WHEREAS, the final OPDH plan shall include a lighting, landscaping, and tree protection plan for the development; and WHEREAS, due to the applicant not intending to finalize the OPDH plan for a number of years, the preliminary OPDH plan will be in effect for a minimum of five years. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The zoning designation for the property described below is hereby changed from Medium Density Single-Family, RS-8 and Low Density Multi-Family, RM-12 to Medium Density Multi- Family- Planned Development Housing Overlay, OPDH-20, and the preliminary OPDH plan for said property is hereby approved for a minimum of five years: WEST BENTON COURT All of West Benton Court as shown on the plat of Streb's First Addition to Iowa City, Iowa, plat recorded in Plat Book 4, Page 401 at the Johnson County Recorder's being more particularly described as follows: Beginning at the Southeast corner of Lot 15 of said Streb's First Addition; thence North 1°20' West 311.6 feet along the Westerly right-of-way line of said West Benton Court to a point of intersection with the South line if Lot 4 of Part Four of Terrace Hill Addition to iowa City, Iowa, said point also being the Northeast corner of Lot 11 of said Streb's First Addition; thence South 89"52' East 50.0 feet along the South line of said Lot 4 to the Northwest corner of Lot 18 of said Streb's First Addition; thence South 1°20' East 311,5 feet along the Easterly right-of-way line to a point of intersection with the Northerly right-of-way line of West Benton Street, said point being the Southwest comer of Lot 16 of said Streb's First Addition; thence North 90°00' East 50.0 feet along said Northerly right-of-way line to the point of beginning and containing 15,577 square feet more or less, LOT 6 THROUGH LOT 15 All of Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 as shown on the plat of Streb's First Addition to Iowa City, Iowa, plat recorded in Plat Book 4, Page 401 at the Johnson County Recorder's Office, containing 2 12 acres more or less SECTION II. PRELIMINARY PLANNED DEVELOPMENT HOUSING PLAN. To allow the development of an elderly housing facility and to ensure the design of said facility is compatible with the surrounding Ordinance No. Page 2 neighborhood, the Planning and Zoning Commission recommended approval of the preliminary OPDH plan, which illustrates the proposed addition to the Oaknoll retirement residence facility north of Benton Street and east of George Street. SECTION III. ZONING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and publication of this ordinance as provided by law. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH Plan for this property, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. Ail ordinances and parts of ordinances in conflict with the pmvisi0ns of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20.__ MAYOR ATTEST: CITY CLERK Appro. ve~. by dity Atto~ey'sL~ffice pd ad rnin~ordloaknolladd.d oc 5b Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ02-00009) ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE-FAMILY, RS-8 AND LOW DENSITY MULTI-FAMILY, RM-12 TO MEDIUM MULTI-FAMILY - PLANNED DEVELOPMENT HOUSING OVERLAY20PDH-20 FOR 2.12 ACRES PROPERTY LOCATED NORTH OF BENTON STREET AND E~,~T OF GEORGE STREET. ~ WHEREAS, ~r ~n Retirement Services, Owner of Oaknoll Retirement R/e'sidence, has applied for a rezoning of 2.12 cl in property from RS-8 and RM-12 to OPDH-20, an. pVhas submitted a preliminary Planned Develol: el lng Overlay (OPDH) plan for the development o~e properly; and WHEREAS, the nary OPDH plan illustrates a 92,000 squar.gzC'oot addition to the Oaknoll facility, including 43 elde 'ly ~ units and over 15,000 sq. ft. of public s.p~ice; and WHEREAS, the and Zoning Commission has reviewed the prehYninary OPDH plan and finds the design of it to be corn ~ with the surrounding neighborhood and has recommended approval of the said plans; and /' WHEREAS, the final OPD )lan shall include a lightly, landscaping, and tree protection plan for the development; and WHEREAS, due to the appli not intending the OPDH plan for a number of years, the preliminary OPDH plan will for a ' ' NOW, THEREFORE, BE IT CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. The zonin property described below is hereby changed from Medium Density Single-Family, Low Density Multi-Family, RM-12 to Medium Density Multi- Family - Planned Development OPDH-20, and the preliminary OPDH plan for said property is hereby approved for a minimum ENTON COURT All of West Benton Court as s of Streb's First Addition to Iowa City, Iowa, plat recorded in Plat Book 4, at the County Recorder's being more particularly described as follows: Beginning at thoe' S,outhea/st 5 of First Addition; thence North 1 20 We~ 311.6 feet along the right-of-way line of said West Benton Court to a point of intersection with the South lin 14 of Part Four of Terrace Hill Addition to Iowa City, Iowa, ~id point also being the of Lot 11 of said Streb's First Addition; / thence South 89°~' East 50.0 feet along the South aid Lot 4 to the Northwest corner of Lot 18 of said ~treb's First Addition; thence South ,~°20' East 311.5 feet along the line to a point of intersection with the Northerly right-of-way line of West said point being the Southwest co/~er of Lot 16 of said Streb's First Addition; thence Nort~ 90°00' East 50.0 feet along said Northerly line to the point of beginning .~d containing 15,577 square feet more or less. LOT 6 THROUGH LOT 15 of Lot~ 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 as shown on the plat of Streb's ~,.~t Addition to Iowa City, Iowa, plat recorded in Plat Book 4, Page 401 at the Johnson County R~corder's Office, containing 2.12 acres more or less. SECTION II. PRELIMINARY PLANNED DEVELOPMENT HOUSING PLAN To allow the development of an elderly housing facility and to ensure the design of said facility is compatible with the surrounding Ordinance No. Page 2 neighborhood, the Planning and Zoning Commission recommended approval of the preliminary OPDH plan, which illustrates the proposed addition to the Oaknoll retirement residence facility north of Benton Street and east of George Street. SECTIQN III ZQNING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and publication of this ordinance as provided by law. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTIQN V. SEVERABILITY. If any section, provision or pad of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTIQN VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20__ MAYOR ATTEST: CITY CLERK City ~tt'or n'~e~'s$,~)ffice pdad min~ord~oa k nolladd doc City of Iowa City MEMORANDUM Date: June 14, 2002 To: Planning and Zoning Commission From: John Yapp, Associate Planner Re: REZ02-00009 Oaknoll Retirement Residence Representatives of the applicant, Christian Retirement Services, owner of Oaknoll Retirement Residence, have addressed the staff concerns with the proposed planned development and rezoning, as outlined in the June 6, 2002 staff report. Third story elevation The designers of the Oaknoll facility have added windows and have added sloping roof-lines to better reflect the existing residential structures in the neighborhood. Staff feels these design changes portray a more residential appearance for the third-story elevation, and address staffs desire to present a more residential character toward George Street. These changes, in combination with the design features Oaknoll has already commited to including single-story moduals fronting on George Street, and the use of brick detailing, asphalt shingle roofs, and cornice moldings, help to reflect the existing residential appearance in the neighborhood. Truck access point As outlined in the June 6 staff report, staff had been concerned with relocating the truck access point to George Street, a local residential street, due to the negative externalities associated with introducing a truck access point onto a local residential street. The existing truck access point for Oaknoll is on Oakcrest Street. Oaknoll has agreed to preserve the truck access point at Oakcrest Street, instead of relocating it to George Street as inititially proposed. The attached site design shows the truck access point and loading dock as remaining on Oakcrest Street. The George Street access will be used as a vehicular access point for residents and employees. STAFF RECOMMENDATION: Staff recommends that REZ02-00009, a request for a rezoning from RS-8 and RM-12 to OPDH-20 for 2.12 acres of property located north of Benton Street and east of George Street, and a preliminary OPDH plan, be approved, subject to the final OPDH plan including a tree protection and lighting plan for the facility, and general conformance to the OPDH plan submitted. ATTACHMENTS: 1. Oaknoll Retirement Residence master plan 2. George Street and Benton Street elevations (color copies for Commissioers only) Approved by: ~4Z"/~ Robert Miklo, Senior Planner, Department of Planning and Community Development Oaknoll Retirement Residence A SHIVE,HATTEI1Y Master Plan Phase IV Independent Living community Addition ~' c~ R~ ~, ~o,~ C,y. ~. O. ~ ~ Scale: 1' = 100'-0' ht/~'Aw~w~h~-ha t t a~y f~:m George Street Elevation ~ scale 1" = 30'~0" Benton Street Elevation - scale 1" = 30'-0" Concept Elevations A SHrVE,I-L~rE.¥ Oaknoll Retirement Residence - Phase IV Independent Living Community Addition Concept Rendering of Front Entrance · SHIVE ~HATTERY Oaknoll Retirement Residence - Phase IV Independent Living Community Addition STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp, Associate Planner Item: REZ02-00009 Oaknoll Retirement Date: June 6, 2002 Residence, east of George Street, north of Benton Street GENERAL INFORMATION: Applicant: Christian Retirement Services 701 Oaknoll Drive Iowa City, IA 52246 Applicants Engineer: Shive-Hattery, Inc. 2834 Northgate Drive Iowa City, IA 52245 Phone: 354-3040 Applicants Attorney: Robert Downer Meardon, Sueppel & Downer, PLC 122 S. Linn Street Iowa City, IA 52240 Phone: 388-9222 Requested Action: Rezoning from RS-8 and RM-12 to OPDH-20 Purpose: To allow the development of a 43-unit elderly congregate housing facility with dining, chapel, indoor pool, recreational room and gathering spaces Location: East of George Street, north of Benton Street Size: 2.12 acres Existing Land Use and Zoning: RM-12 & RS-8; residential Surrounding Land Use and Zoning: North: RM-44, elderly housing parking South: RS-5, residential East: RM-44, elderly housing facility West: RS-8, residential Comprehensive Plan: This prepedy is in the Southwest District. The Comprehensive Plan Land Use Map identifies this area as a transition between 16-24 units per acre and 8-16 units per acre. File Date: May 16, 2002 45-day limitation period: June 30, 2002 2 BACKGROUND INFORMATION: The applicant, Christian Retirement Services, owner of ©aknoll Retirement Residence (Oaknoll), is requesting a rezoning from RM-12 and RS-8 to OPDH-20 for 2.12 acres of property located between West Benton Court and George Street, north of Benton Street. The properties proposed to be rezoned are currently occupied by seven single-family houses, and a small parking area serving Oaknoll. With approval of the rezoning and OPDH plan, the seven houses would be permitted to be demolished to allow for the construction of an addition to the Oaknoll facility. The applicant has stated that Oaknoll does not intend to construct the addition for three to five years at the earliest. The motivation for gaining acceptance of the rezoning and OPDH plan at this point is twofold: First, Oaknoll will be constructing a new two-level parking facility at the southeast corner of George Street / Oakcrest Street on a property already zoned RM-44, and desires to rezone a portion of RS-8 zoned property to OPDH-20 to allow for an access drive from George Street to serve the new parking facility (access drives for multi-family properties are not permitted in single-family zones). Second, Oaknoll wishes to commit to a design plan for a future expansion to create predictability for themselves and property owners in the neighborhood. ANALYSIS: This property is in the Southwest District. The Comprehensive Plan Land Use Map identifies this area as a transition between 16-24 units per acre and 8-16 units per acre. For an elderly housing project that results in the loss of single-family homes, there are conflicting goals within the Comprehensive plan staff uses for guidance. The two Housing Goals in the Comprehensive Plan are: 1) Preserve the integrity of existing neighborhoods, and 2) Support projects that provide group living options for seniors. The issues staff has identified associated with this proposed rezoning center around compatibility with the surrounding neighborhood and traffic issues. The existing RS-8 zoning allows single family and duplex residences, and elder congregate housing by special exception, with a maximum of 8 units per lot. The RM-12 zone allows single family, duplex, and multi family development, and elder congregate housing is permitted at a density of one unit per 2,178 square feet of lot area. The proposed OPDH-20 zone also allows single family, duplex, and multi-family development, and elder congregate housing is permitted at a density of one unit per 1,450 square feet of lot area. While the RM-20 zone would normally allow a variety of types of multi-family development, in this case Oaknoll is committing to be locked into a specific design and density for this property by having the OPDH overlay zone applied to the property. Any change to the approved design and/or density would need to go through a regular rezoning process with public notification. Compatibility with Adjacent Neighborhood Location of Zonin,q Change: Typically the City attempts to locate changes in zoning boundaries at rear lot lines, primarily because rear-yard transitions are less noticeable to area residents, and to encourage both sides of a street to be the same general character. Oaknoll has addressed this concern by attempting to limit the mass and scale of the proposed facility along the George Street frontage. Staff agrees that the key to this facility being compatible with the single family neighborhood to the west is the design and scale of the facility. 3 Scale of the facility alon¢~ the Georqe Street frontaqe: The applicants architects have attempted to mimic the scale of the single-family ranch houses on the west side of George Street with one story 'modules' along the west side of the proposed facility (see attached graphics). The center module (proposed swimming pool) would be one story for its entire ~50-foot depth, transitioning to three stories approximately 80 feet from the right-of-way. The two end modules would transition to three stories approximately 60 feet from the right-of-way, in other words, the one-story portion would not be as deep. To compare, the rear of the houses on the west side of George Street are between 50 and 60 feet back from the right-of-way. Approximately 45- foot wide open space gaps are proposed between the modules to break up the mass of the building. Behind the single story modules, the building would rise to three stories. Staff is pleased with the attempt for a context-sensitive design, but is concerned with the abrupt transition to three stories. Oaknoll's representatives have agreed to address this concern by considering architectural changes to help minimize the perceived mass of the building. To date, staff has not received revised building designs. Exterior materials: Oaknoll has also attempted to address the physical and visual impact of the proposed facility by using exterior building materials that result in a more residential appearance. The first two stories are proposed to be brick, with vinyl siding on the third story. Asphalt shingles are proposed to be used on this addition to reflect the homes to the west, and window surrounds, brick detailing and cornice moldings will also be used to encourage a more residential appearance. Street trees: One of the more frequent concerns staff has heard related to inflll properties is the loss of street trees. George Street has a mature street tree corridor that provides a distinct residential character. Oaknoll has stated the mature trees along the east side of George Street will be preserved to maintain this tree canopy; the Commission may wish to make the approval of a tree protection plan part of the approval of the final OPDH plan. Li~htin,q: Another frequent concern staff has heard related to the development of infill projects is the level of lighting. The existing Oaknoll facility does have subdued exterior lighting, and representatives from Oaknoll have stated the lighting for the proposed addition will be similarly subdued, although a lighting plan has not yet been developed. If lighting becomes a concern, the Commission may wish to make the approval of a lighting plan part of the approval of a final OPDH plan. Traffic Truck traffic: A new access drive for vehicular and truck traffic is proposed to be introduced onto George Street, a local residential street. While most of the truck traffic now uses the Oakcrest Drive entrance, Oaknoll is proposing to relocate all of the truck traffic to the George Street access drive. Oaknoll has provided staff with a compilation of the type of truck traffic that would use this access drive. Most of these deliveries are between 7:00 am and 9:00 am: 4 KITCHEN DELIVERIES Hawkeye Dairy - on'ce/week - U Haul size truck Robeds Diary - twice/week - Straight truck Earth Grains Bread - twice/week - Straight truck Hawkeye Foods - once/week - cab with pup trailer (approximately 28-30ft long) Martin Brothers -once/week - semi with 53 ft trailer MAINTENANCE DELIVERIES Waterloo Mills - once/month - semi with 53 ft trailer Pepsi - once/week - beverage trailer Coke - once/week - beverage trailer Cedar Rapids Vending - once/week - Utility van HOUSEKEEPING DELIVERIES First Choice - twice/month - Straight truck Johnson Diversity - once/month - cab with pup trailer (approximately 28-30ft long) Staff is reluctant to support locating an access drive for this type of traffic onto a local residential street, and encourages Qaknoll to design the facility to keep the truck traffic using the Oakcrest Street entrance. It is unlikely staff would support allowing the use of a local residential street for truck traffic for a commercial property. The common complaints staff has received about truck traffic is the noise of the truck itself, and the noise from the air brakes and warning beeper. There may be other solutions such as limiting the time periods within which trucks may make deliveries, but staff encourages a design solution that will keep the trucks using the Oakcrest entrance. Vehicular traffic: A 24-space parking area is proposed off of the George Street entrance. Approximately 8 off-street parking spaces will be eliminated due to the demolition of the existing houses on the east side of George Street, therefore an increase of 16 off-street parking spaces is proposed. Given the nature of traffic patterns for an elderly housing facility (residents typically do not drive to and from the facility), staff does not feel an increase in vehicular traffic on George Street is a concern. Visitors to Oaknoll will use the main Benton Street entrance. Benton Street: This segment of Benton Street is considered to be at capacity for a two-lane arterial street. Staff does not feel the proposed expansion of the Oaknoll facility will cause a significant increase to the Benton Street traffic stream, due to the nature of the facility, and the emphasis Oaknoll has on using its private vans for transportation of many of its residents. City Council policy has been that there will be no physical changes to Benton Street. Summary While the OPDH-20 zoning across the street from a single-family zone is a concern, staff is pleased with the context-sensitive design that has been developed by Oaknoll. The OPDH zoning obligates the property owner to this design, which gives predictability to Oaknoll, neighboring residents, and the City. Additional design changes to the third story facade facing George Street to minimize the perceived mass and scale will further improve the design. Staff does have a major concern with relocating all of Oaknoll's truck traffic onto George Street, a local residential street. Staff feels it is more appropriate to locate the truck access drive on Oakcrest Street, which is multi-family in character and is where the majority of the truck deliveries are now located. STAFF RECOMMENDATION: Staff recommends REZ02-00009, a rezoning from RS-8, Medium Density Single-Family, and RM-12, Medium Density Multi-Family, to OPDH-20, Planned Development Overlay - Medium Density Multi-Family, be deferred pending design changes to the third story elevation facing George Street, and the issue of truck traffic onto George Street being addressed. Upon resolution of these concerns, staff recommends REZ02-00009, a rezoning from RS-8, Medium Density Single-Family, and RM-12, Medium Density Multi-Family, to OPDH-20, Planned Development Overlay - Medium Density Multi-Family, for 2.12 acres of property located west of West Benton Court and east of George Street, be approved, subject to the final OPDH plan including a tree protection and lighting plan for the facility, and general conformance to the OPDH plan submitted. ATTACHMENTS: 1. Location map 2. Statement from applicant 3. Elevation drawings of proposed Oaknoll facility (color copies for Commissioners only) Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Sjyapp\u:\rezonings\oaknollopdh.doc DRIVE o ~ RS 8 MARIETTA TOWER COURT WOODSI PARK WOODSIE -- OAK~ ~- '~ --I - ~l I ~1 I ROOSEVELT ~1 SCHOOL >1 I '~-I I r~l i o  HARRLOCKE x~ ~ MILLI , ~ ~1'~' / SITE LOCATION: East side of 700-block of George St., north of W. Benton St. REZ02-O0009 Oaknoll Proposed Addition Oaknoll Retirement Residence 4 SHIV~,HA~ERY Master Plan Phase IV Independent Living community Addition Cedar Rapids. IA Iowa City. IA Des Moines, IA Moline. IL, B~oominglort IL , Chicago, IL Scale: 1' = 100'-0' May 16, 2002 Oaknoll Planned Development Preliminary Plan (Rezoning) (OPDH) Application 9. Additional Information a. Statement of Intent: Christian Retirement Services, Inc. plans to develop the subject properties, in accordance with the OPDH Plan, from the east side of the 700 block of George Street to the vacated West Benton Court area, with an independent living community addition. Five lots in this area are currently zoned Medium Density Single- Family (RS-8) and five lots are zoned Low Density Multi-Family (RM-12). Christian Retirement Services, Inc. is requesting these ten lots, including the vacated West Benton Court area to be rezoned to Medium Density (RM-20) .................... ~, ........................................ L':c. ala: reque:t: t?.at 'el&~r cc.n~'egate .km:alng' be t.he pr:;%icna! use wit.h a .mini..~.u..-n !et araa ~.f cig.ret[ Ivr~$,e~-- h,,nct~cl e~.v~nt.,,_G,,,~ /~Tqt ...... C..~.* --~- .~....m ..... ;' Christian Retirement Services Inc -lans to u'~e - existing landscaping and unique architectural elements to preserve the single-family neighborhood atmosphere of George Street while creating a quality living environment for its residents. b. Evidence of Ownership: Christian Retirement Services, Inc. is presently the owner of Lots 6, 7, 8, 11, 12, 13, 14, and 15 of Streb's First Addition to Iowa City, Iowa. Lot 11 has been converted to a parking lot and is used by Oaknoll. The remaining lots contain six single-family homes. With the exception of one home, senior citizens occupy all the homes with the same contract status as residents occupying the main facility of Oaknoll. Christian Retirement Services, Inc. has a contract to purchase Lot 10 of Streb's First Addition, which should be closed by June 1, 2002. Lot 9 of Streb's First Addition is owned by Marguerite Morey and she has consented to this application. Christian Retirement Services, Inc. owns all the properties immediately adjacent to the north and east of these subject lots, as well as the vacated West Benton Court. Lots 1 and 2 of Grandview Manor 2nd Addition, Lot 4 of the Terrace Hill Addition, and Lots 16, 17, and 18 of Streb's First Addition are currently used for the existing Oaknoll Retirement Residence and parking. c. Description of Development: The Oaknoll Phase IV Independent Living Community Addition will include forty to fifty elder independent living apartments, the relocation of Oaknoll's existing food service facilities, an indoor swimming pool, parking, and other common resident areas. Before Christian Retirement Services, Inc can construct the Phase IV Addition onto Lots 10 through 15; the parking facilities at the existing Oaknoll site will need to be expanded. A proposed two-level parking structure will replace an existing Oaknoll parking lot at the southeast comer of the intersection of George and Oakcrest Streets (Lots 1 and 2 of Gmndview Manor 2 Addition). This parking area will require a driveway to access George Street west across Lot 10. Another two-level parking structure will be built adjacent to the existing Oaknoll facility office entrance located west of Oaknoll Drive. This structure will not be located on the properties covered by this application. When the Phase IV Addition is completed, the main entrance to the Oaknoll Retirement Residence will be relocated from Oaknoll Drive to West Benton Street. This driveway entrance will be located near the existing West Benton Court intersection with West Benton Street. May 16, 2002 Oaknoll Planned Development Preliminary Plan (Rezoning) (OPDH) Application d. Time Schedule for Completion: 1. Construction of two-level parking structure and parking improvements at the southeast comer of the intersection of George and Oakcrest Streets: Start: November 2002 Complete: 2003 2. Construction of two-level parking structure and parking improvements adjacent to existing Oalmoll office, west of Oaknoll Drive: Start: Spring 2005 (earliest) Complete: Spring 2007 3. Phase 1V Independent Living Community Addition: Start: Spring 2005 (earliest) Complete: Spring 2007 (estimated 18-month construction period) 10. Names and Mailing Addresses of Property Owners within 600 feet (Sec Attached List) 11. Applicant's Statement as to Why Zone Change is Warranted 1. The Phase IV Independent Living Community Addition of twenty units per acre is in accordance to the City of Iowa City's Comprehensive Plan. 2. Thc Phase 1V Addition completes the existing community orientation with a lower planned density per acre. Although multi-family zoned, this Addition will have a lower dcnsity than thc properties to thc cast and north sides of the existing Oaknoll Retirement Residence. 3. Oaknoll has historically planned its developments to accommodate the surrounding neighborhood environment, meet the requirements of the City of Iowa City, and provide for its residents a pleasant area in which to live. 50 1 O0 200 " ~ OAF-GBES'~ SCALE IN FEET Lot 5 / Lot 2 / Lot 18 Z O Lot 1 7 Ng W SUBJECT PROPERTIES ~ WEST BENTON STREET WEST BENTON COURT All of West Benton Court os shown on the plot of Streb's First Addition to Iowo City, Iow(], pl(]t recorded in Plut Book 4, P(]ge 4-01 ot the Johnson County Recorder's being more porticulorly described os follows: Beginning ot the Southeost corner of Lot 15 of soid Streb's First Addition; Lhence North 1'20' West 511.6 feet (]long the Westerly right-of-w(]y line of sold West Benton Court to (] point of intersection with the South line of Lot 4 of Port Four of Terroce Hill Addition to Iowo City, Iow(], soid point (]lso being the Northe(]st corner of Lot 11 of s(]id Streb's First Addition; thence South 89'52' Eost 50.0 feet olong the South line of soid Lot 4 to the Northwest corner of Lot 18 of soid Streb's First Addition; thence South 1'20' E(]st 311.5 feet <]long the E(]sterly right-of-woy line to (] point of intersection with the Northerly right-of-woy line of West Benton Street, s(]id point being the Southwest corner of Lot 16 of soid Streb's First Addition; thence North 90'00' Eost 50.0 feet (]long s(]id Northerly right-of-woy line to the point of beginnin9 end contoining 15,577 squore feet more or less. LOT 6 THROUGH LOT 15 All of Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, end 15 os shown on the plot of Streb's First Addition to Iow(] City, Iow(], plot recorded in Plot Book 4, Poge 401 ot the dohnson County Recorder's Office. Legal Description SHIVE ,HA'.-~'~RY MEARDON, SUEPPEL ~ DOWNER P.L.C. UAMF-.~ D. MOCARRAGHER IOWA CI'IY, IOWA 52240 - 1830 TIMOTHY .J, KRUMM June 25, 2002 THE HONORABLE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA CWIC CENTER 410 E WASHINGTON IOWA CITY IA 52240 Re: REZ02-00009 Christian Retirement Services, Inc. Ladies and Gentlemen: The above rezoning request was unanimously approved by the Planning and Zoning Commission of the City of Iowa City last Thursday evening, June 20, 2002. I have been advised by Marian Karr that on July 2 this requested rezoning would be set for public hearing on July 16, but that the next City Council meeting thereafter would not be until August 20, 2002. The purpose of this letter is to request that this matter be given expedited consideration. As you know from both the vacation of Benton Court and the small rezoning involving 2,800 square feet at the north end of Benton Court, Oaknoll is presently involved in a health center and apartment addition that will have a cost of approximately $5,000,000.00. In the past, as properties between Benton Court and George Street have been purchased and as expansions were taking place it has been necessary for Oaknoll to do rezoning requests on a piecemeal basis. Now that all but one of the properties between Benton Court and George Street has been acquired Oaknoll is requesting a rezoning with a planned development housing overlay so that both the City and residents of the neighborhood will know exactly what Oaknoll has in mind insofar as the future use and development of its property are concerned. It is this plan which was unanimously approved by the Planning and Zoning Commission last Thursday evening. The Honorable City Council of the City of Iowa City, Iowa June 25, 2002 Page 2 of 2 Even though most of this plan will not be executed for up to five years, it is necessary for Oaknoll to obtain multi-family zoning for Lot 10 of Streb's First Addition in order to provide access to a two-level parking structure which is proposed to be constructed at the northwest corner of the Oaknoll property.. Because of differences in elevation the lower level of that structure will be entered from Oakcrest Street, with the upper level being entered from George Street across Lot 10, Streb's First Addition. That property cannot be used for this access unless it is rezoned into a multi- family zoning classification. The contractor on the project has indicated that he needs to know whether Oaknoll will be proceeding with that part of the development by late August. Therefore, expedited consideration of this request will be most helpful in being able to make that determination. Your consideration of this request is appreciated.  l~ooert I~. c/owner RND/bjf Cc: Ms. Patricia Heiden Mr. Mark Anderson Mr. Thomas F. Werderitsch Sc Prepared by: Shelley McCaffedy, Assoc. Planner, 410 E. Washington Street, iowa Ci[y, IA 52240; 319-356-5243 (REZ02-0005) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL, RS-8, TO OVERLAY HISTORIC PRESERVATION, OHP/RS-8, DESIGNATING THE PROPERTY LOCATED AT 747 E. BENTON STREET AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, The property owner, William Buss, has filed with the City a nomination for the designation of said property as an Iowa City Historic Landmark; and WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the building located on said property and has determined that it meets the requirements for designation as an Iowa City Historic Landmark; and WHEREAS, at its public hearing on May 23, 2002 the Historic Preservation Commission nominated the subject property for designation as an Iowa City Historic Landmark; and WHEREAS, at its meeting of June 20, 2002, the Planning and Zoning Commission recommended approval of the proposed landmark nomination; and WHEREAS, the State Historical Society of Iowa has reviewed said nomination and concurs with the assessment of the Historic Preservation Commission that the subject properly meets the criteria for designation as a historic landmark; and WHEREAS, the designation of the subject properly would be consistent with the goals and objectives of the City's Historic Preservation Plan, which is an amendment to the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The following described property is hereby designated as an Iowa City Historic Landmark pursuant to Title 14, Chapter 4, Land Control and Development, Article C, Historic Preservation Regulations: Commencing at the southeast corner of the NWl/4 of Section 16, Township 79 North, Range 6 West of the 5thP.M., thence North 341 feet to the center of the public highway, thence west along the center of the public highway 166.5 feet, thence south to a point 30 rods south of the north line of the SW1/4 of said Section 16, thence east parallel with the north line of said SW1/4 to the east line of said SW1/4, thence north along the east line of said SW1/4 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 II1. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same at the office of the County Recorder of Johnson County, Iowa, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,2002 Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK City AttorneY"Office Shelley McCaffert~ From: Kerry McGrath [kerry.mcgrath@dca.state.ia.us] Sent: Tuesday, July 02, 2002 3:45 PM To: 'Shelley McCafferty' Subject: RE: Ranck House Shelley, This is to confirm that the State Historic Preservation Office has reviewed and commented on Iowa City's nomination to designate the Ranck House as a historic landmark. In addition, the City has made the recommended revisions to the original nomination and furnished the State with copies of the revised figures. The State recommends that the Iowa City Council act favorably upon the Iowa City Historic Preservation Commission's recommendation to designate the Ranck House as a local historic landmark. Sincerely, Kerry C. McGrath Local Governments/CLG Program Coordinator State Historical Society of Iowa 515/281-6826 phone 515/282-0502 fax Visit the CLG program at our website http://www.iowahistory.org/preservation/clg_program/clg.html City of Iowa City MEMORANDUM TO: Planning and Zoning Commission FROM: Shelley McCafferty, Associate Planner DATE: June 14, 2002 RE: REZ02-00005, 747 W. Benton Street We are still awaiting a recommendation from the State Historic Society of Iowa regarding the rezoning of this properly to Historic Preservation Overlay. This recommendation is required by City Code before any action from the Planning and Zoning Commission. Please find attached a memo from Jeff Davidson, Transpodation Planner, regarding future use of the properly in question for a street extension to Highway 1. The Histortcal Division of the Department of Cultura[AJfatrs STATE HISTORICAL SOCIETY OF IOWA Where past meets future June 13, 2002 Mr. MiChael Gunn, Chairman Iowa city HiStoric Preservation Commission 410 East Washington Street Iowa City, Iowa 52240 American Gothic House RE: Proposed Designation of the property at 747 West Benton Street as an Iowa City Eldon Historic Landmark Blood Run NHL Dear Mr. Gunn: Larchwood Thank you for your letter of June 3 forwarding information regarding the above Centennial Building designation and requesting the State Historic Preservation Office's review and comment. Iowa City We have reviewed the nomination prepared by Tallgrass Historians, Ltd; your report and the designation ordinance. The Cyrus S. and Georginia Ranck House at 747 West Benton Matthew Edel Blacksmith Shop St iS clearly a historic property, meriting designation as an Iowa City Historic Landmark. Marshalltown Therefore, we recommend designation, pending the submission of some additional information. Abbie Gardner Cabin We believe that the following will clariS/the intent of the designation and wile Arnolds Park facilitate future management of this historic landmark; consequently, we ask that you add these items to the report and make the following amendments to the nominations: Iowa Historlca] Building Des Moines 1. Prepare a baseline map showing the proposed boundaries of the Landmark as well as the extant buildings, structures, sites and objects within the landmarked area. Please Montauk Governor's Home indicate on the map which buildings, structures, sites and objects. Remember sites Union Sunday School and objects can include man-made or natural features and landscaping. Clermont Museum Clermont 2.. Prepare a brief discussion, justifying the boundaries of the landmark as regards the significance criteria used for its designation. 3. Prepare a listing of the buildings, structures, sites and objects on the property which Plum Grove Governor's Home are covered by the designation. Iowa City 4. Figures on pages 8-10 of the nomination show the area where the property is located but do not pin point the properties location within that area, we recommend showing Toolesboro Indian Mounds the property location on each of these figures--if possible. Toolesboro Western Historic Trails Center The State's approval of this designation is contingent on receiving the additional Council Bluffs documentation prior to the designation nomination going before City Council, If you have any questions regarding this review or need clarification, please do not hesitate to call me at 515/281-6826 or email me at kerry.mcgrath@dca.state.ia.us. Sincere[y, Kerry C. NlcGratfr' Local Governments/CLG Program Coordinator IOWA HISTORICAL BUILDING 600 East Locust · Des Moines, Iowa 50319-0290 Phone: (515) 281-6412 · Fax: (515) 242-6498 or (515) 282-0502 www. uiowa.edu/%hsi/index.htm City of Iowa City MEMORANDUM Date: June 11, 2002 To: Bob Miklo, Senior Planner From: Jeff Davidson, Transportation Planner '--'~'"~ Re: Proposed access easement through the Buss property on Benton Street In conjunction with the development of the land use concept plan for the Ruppert Property between Benton Street and Iowa Highway '1, a contention has been made that there is an access easement through the Buss property that would allow a street to be extended between Benton Street and Iowa Highway 1. There are a couple of issues associated with the potential construction of such a street, The number of access points along Iowa Highway 1 has been established at a specific number of points by the Iowa Department of Transportation. All other access points were purchased by the State DOT when Iowa Highway I was reconstructed several years ago. The proposed street extension through the Buss property would have to intersect with Iowa Highway 1 at one of the approved access points. An intersection with Benton Street in the vicinity of the Buss property is problematic. Although it is difficult to evaluate this in detail without having a proposed construction plan before us, it is safe to say that the location of the Buss property at Benton Street is an area of restricted sight distance. The vertical curve on Benton Street has a slope which exceeds our current design standards for an arterial street, and causes restricted sight distance in this vicinity. One needs only to attempt to enter Benton Street via Greenwood Drive to experience this restricted sight distance first-hand. Greenwood Drive is approximately across the street from the Buss property. As stated previously, it is difficult to evaluate this issue in more detail without seeing a specific plan; however, a proposed public street through the Buss property that would intersect with Benton Street would need to be evaluated very carefully with respect to sight distance. Let me know if you have any questions. cc: Karin Franklin ppdadm/mem/jd-bussprop doc City of Iowa City MEMORANDUM TO: Planning & Zoning Commission FROM: Shelley McCafferty DATE: May 31,2002 RE: Historic Landmark nomination of 747 W. Benton St. Please find attached information regarding the Iowa City Landmark Nomination of the property at 747 W. Benton Street submitted by the Historic Preservation Commission. The owners of the property, William and Barb Buss, applied to the Historic Preservation Commission for this nomination. At their May 23 meeting, the Commission held a public hearing and found that this property meets the criteria for an historic landmark and recommended this designation to the Planning and Zoning Commission. The nomination has been submitted to the State Historic Society of Iowa for their recommendation. The role of the Planning and Zoning Commission is not to decide the historic merits of the property, rather to determine if the rezoning of the property to Historic Preservation Overlay complies with the Comprehensive Plan. One of the housing goals of the Comprehensive Plan is to: "Preserve the integrity of existing neighborhoods and the historic nature of older neighborhoods." This is achieved through the designation of historic landmarks and districts. Properties that are zoned Historic Preservation Overlay are required to meet the Iowa City Guidelines for Historic Preservation if changes are made to the exterior of the property that requires a building permit. Furthermore, the Historic Preservation Plan is an amendment of the Comprehensive Plan and supports the identification and protection of Iowa City's historic resources. Staff is currently in the process of preparing the Southwest District Plan and no redevelopment activity will be recommended for this property. The property was recently downzoned from Medium Density Multifamily Residential (RM-20) to Medium Density Single Family Residential (RS-8). Staff feels that this rezoning will have no negative impacts on the neighborhood and complies with the Comprehensive Plan. At this time, staff recommends that the rezoning of 747 W. Benton Street from Low Density Single Family Residential (RS-8) to Historic Preservation Overlay (RS-8/OHP) be deferred pending recommendations from the State Historic Society of Iowa. Iowa City Historic Preservation Commission 410 E, Washington St. Iowa City, Iowa 52240 1982 Ralph Christian State Historical Society of Iowa 600 East Locust Street Des Moines, IA 503198 May 30, 2002 Dear Mr. Christian: At its May 23, 2002 meeting, the Iowa City Historic Preservation Commission held a public hearing regarding the nomination of the property located at 747 West Benton Street as an Iowa City Historic Landmark. There was no public objection to this nomination and a letter of support was received prior to the meeting. Upon review of the Iowa City Landmark Nomination Form prepared by Tallgrass Historians for the Cyrus S. and Georginia Ranck House located at the above address, the Historic Preservation Commission concurred with the findings of the nomination. They agreed to recommend this nomination to the Planning and Zoning Commission by a vote of 9-0. The Iowa City Historic Preservation Overlay Zone ordinance 14-6J-3 Article B I has a number of criteria used to determine if a property is eligible for designation as a landmark. These criteria are: a. Are significant to American and/or Iowa City history, architecture, archeology and culture; or b. Possess integrity of location, design, setting, materials and workership; or ¢. Are associated with events that have made a significant contribution to the broad patterns of our history; or d. Are associated with the lives of persons significant in our past; or e. Embody the distinctive characteristics of a type, period, method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction; or f. Have yielded or may likely yield information important in pre-history or history. The Commission determined that this property is eligible for designation under criteria a, b, d and e of Article BI for the following reasons: a. This property represents the residential development pattern in this neighborhood in the late 1800s and early 1900s. A number of prominent Iowa Citians had country estates located in this b. This house retains its architectural integrity and quality of craftsmanship. In addition, the siting of the house and barn, and its immediate surroundings allows the property to retain the flavor of a country estate. c. Not applicable d. The original owner of this house, Cyrus 5. Ranck, was a well-known attorney in Iowa City and throughout Iowa. He was elected City Attorney of Iowa City in 1880 and was County Attorney for Johnson County from 1887 to 1892. He was a member of the House of Representatives in the Twenty-fifth and Twenty-sixth General Assemblies, and during the Twenty-seventh General Assembly he was Senator from the Johnson-Iowa District. e. The house in as excellent example of the transition style that integrates both the Queene Anne and Colonial Revival styles. f. Not applicable. I believe your office has received a copy of the nomination that was prepared by Tallgrass Historians. This nomination describes the property and further explains why this property meets the criteria for an Iowa City Historic Landmark. In addition, please find enclosed the proposed ordinance for this designation. Please contact Shelley McCafferty, Associate Planner at 356-5243 or shelley-mccafferty(~iowa-city.or~ if you have any further questions. Sincerely, Michael Gunn Chair, Iowa City Historic Preservation Commission May 1, 2002 To The Members of the Iowa City Historic Preservation Commission We are applying for the designation of the property at 747 West Benton Street (where we are now living) as an Iowa City Historic Landmark. In support of our application, we are submitting and rely upon the formal Nomination Form prepared by Tallgrass Historians in which the property is denominated the "Cyrus S. and Georginia Ranck House." We think of the story of the Ranck house and its grounds as capturing some of what is characteristic and special about Iowa City, past and present. As the Tallgrass report describes in detail, the architecture of the house reflects its construction at an intersection of architectural styles and periods at the turn of the last century. The house was built for Cyrus and Georginia Ranck in the first decade of the Twentieth Century when the west side of the Iowa River was open farm country - when what is now a city address on Benton Street was a house on the top of a hill on a dirt road, known for a while as Ranck Hill according to Irving Weber. The property's present three acres of open land, on which sheep grazed until 1982, is a remnant of the original 22 acres -- reminiscent of the once undeveloped and agricultural use of the surrounding area. Like many of us who have come to live in Iowa City, Cyrus Ranck was bom and raised elsewhere (for him it was Pennsylvania and Illinois) but spent most of his adult working life in Iowa City. Ranck came to Iowa City in t870 to study law at what was then called the Law School of the State University of Iowa. Ranck was admitted to the bar in 1871. He was a successful lawyer and public figure in Iowa City, having been elected as both City Attomey and County Attorney. At various times, he was also elected to the House of Representatives and the Senate of the state legislature. While he was a legislator and after, he was credited for his effective service in advancing the interests of the University of Iowa. During his life and at his death, he was praised for the integrity of his character as a lawyer and a citizen. [Attached to this covering letter are a "portrait" of Ranck published during his life and one of several tributes to him given at the time of his death.] The property on which the Ranck house was built was acquired by Cyrus and Georginia Ranck in 1904 and 1905, the house was built shortly thereafter, and the Rancks lived there only a few years. Although we expect to move shortly, we have owned and lived in the Ranck house since 1968, probably longer than any of our predecessors. We hope you will think that this property is worthy of designation as an Iowa City Historic Landmark. ~ ,~../~~ Respect fully submitted, Barbara & William Buss Attachment to Buss Application Excerpt from Portrait and Biographical Record of Johnson, Poweshiek, and Iowa Counties (Iowa, Chicago, Chapman Bros. 1893; Brookhaven Press, A Division of NMT Corp., Lacrosse, Wisconsin) PORTRAIT AND BIOGRAPH]CAI, RECORD. 799 bitter struggle in regard to the appropriations for the Iowa State University. The services of 3Ir. Ranck at that time are worthy of special mention. From one who is familiar with the history of that eventful period, we quote as follows: "During his term in the House of Rel)rescntatives, a crisis was reached in the history of the State eessity of making l)rOvision for but partial pay- ment of salaries, relying upon the Legislature for a special appropriation to carry them through the year. Some changes made in the professorships were coupled with the appropriations a provision tire control of tile University. As a member of the House Committee on the State University, 5Ir.  YRUS S. RANCK was born in Union Count.',', Bartok realized the neeessity of constant watchful- Fa., in 1845. His parents ,were natives of 'ness, m~dgavehistimeand thought to seeuringthe '~ the'Keystone State andof German descent, needed appropriation. Ills judicicus cotlrse Though of advanced age, the mother now resides layed animosity and won friends. The needed in Hancock County, Ill., the father having died in funds were appropriated without conditions and 1890. The boyhood days of our subject were without any essential modifications of the raSh- passed in Pennsylvania, Iowa and Illinois. In agement of the affairs of the institution. That Illinois he attended the public schools, and the crisis was so happily passed was due to the lived with his parents until 1865; he then entered leadership of l~Ir. Ranck, under whom friends ral- the Baptist College at Burlington, Iowa, and re- lied most effectively." Since ~tiring from thc rosined there four years, and thereafter taught Legislature, 5~r. Ranck has 'often been of great school six monlhs. In 1870 he entered the law service in his support of measures looking to the department of the State Unive~it.;' of Iowa, and enlargement of the State University. was graduated in the Class of '71. Three years Our subject was a leading member of the Twen- later lie began the active practice of law at iowa ty-first General Assembly and was the Democratic City, Iowa, and has so continued ever since. In member appointed by the Speaker of the House 1886 the law film of Ranek dr Wade was formed, ' on the joint committee of the House and Senate which firm still continues to do a Iai'ge legal busi- ' to examine into the charges made against Auditor nes.,, i Brown, and took an active part on that committee. Mr. Ranck possesses fine legal attainments, is a In 1886 he was elected Proseeuting Attorney of good I~wyer, a man of the strictest honestt. and in. Johnson County, Iowa, and was three times nom- tegrlty, and is well known throughout the State. inated by acclalnation bt. the Democratic party for lie has occupied various positions of honor', trust that position, which he held for six years. In this and contide~me, having been elected for a period particular branch of the law tee succeeded so ad- of ft,ur yca~ City Solicitor of Iowa City and also mirably that fully ninety per cent. of persons in- elected a member of the Twentieth and Twenty- dicted during leis several terms of otilce were con- first General Assctnblies of the State of Iowa. ,victed, and but one of the bunds'ed or more During his tm'm in the Legislature occurred the ~; dictmente drawn bt, him was found defective. 7./0 PORTRAI~I AND BIOGRAPHICAL RECORD. Of the four cases appealed by him to the Supreme Court of Iowa on behalf of tile State all were versed. Mr. Ranck is a forcible and eloqt~ent speaker and is considered one of the best criminal lawyers in eastern Iowa. l-Ie is a married man, a man of good social qualities, possessed of many of the best traits of charaeter~ and is much esteemed by his friends. Attachment to Buss Application Excerpt from Proceedings of the Twney-First Annual Session of the Iowa State Bar Association (Fort Dodge, Iowa, June 24-25, 1915) IOWA STATE BAR ASSOCIATION 77 76 TWENTY-FIRST ANNUAL /~EETING Bar in Johnson County. He was a master of detail and untiring CYaus S. R~NCK; 1845-1915 in finding and grasping facts in the many law suits which he Cyrus S. l~anck was born in Union ,County, PennsyIvania, tried. He was an honest and aggressive advocate; extremely March 31, ]845, and died in Battle Creek, 31icbigan, l~Iay 25, loyal to his clients, a man who kept his word to his clients and to 1915. He moved frmn Union Cmmty, Pennsylvania, to Hancock his associate practitioners. He made many true and warm County, Illinois, near Dallas City, where hc attended the rural friends and was highly respected as a lawyer, and unusually schools and later became a teacher in both the rural and city successful in the outcome of his cases. schools of Hancock County. He was a principal of thc school in ]qr. Ranck was buried at his old home in Dallas City, Illinois, Dallas City during 1869-1870. in the cemetery beside his paren~cs. He is survived by his wife, As a student, he attended the Baptis~ College in Burlington in Georgia J., and five sisters. 1867-1868, aud studied law in the office of Judge Traeey at In memory of Mr. Ranck, his associates eausod to be spread Burlington. IIe later attended the Law Sehooi of the State Uni- upon the record of the court, in which he practiced for so many versity of Iowa, and graduated therefrmn and was athnit,ted to years, the folloxving: the Bar in 1871. IIe ~ook up the practice of law in Iowa Ciiy Resolved, that in the death of Hon. C. S. Ranek, for more than forty after his graduation and continued in the practice at Iowa City years a prominent la~vyer of Iowa, we recognize that the community has sustained the loss of a great advocate t~t the Bar, a lawyer whose loyalty during the rest of his life. to the interests of his clients was never questioned, and whose industry and Itc was associated in the practice of law a~ different times, zeal in the presentation of their causes were an honor to the profession. with Fairall & Bonorden, the firm being known as Falrall, Bon- Resolved, that we mourn the loss of a wise counsellor, a true friend and ~ orden & llanck, then with F. J. Horak, the firm being known as professional brother, who was ever ready to exteml the courtesies and aceom- Ranck & tlorak, and later with Judge M. J. Wade, thc rirm be- modations due from one lawyer to another, whose professional word was lng known as Ranck & Wade. After Judge Wade was elected never broken, and one in whose professional conduct we had the utmost confidence. Judge in the lows and ,Johnson District, 3Ir. Ranck associated Gao. W. Bx~b, Ja. himself with Stephen Bradley, the firm being kuown as Ranck & Bradley, which continued for some seventeen years. About four years ago the titan dissolved, and Mr. Ranck associated himself wifl~ Frank Messer, the fir~n being known as ganck & Mcsscr, which continued until the date of his death. During his active life, 3Ir. Ranck held many bnportant of- rices. IIe was elected City Attoruey of Iowa City in 1880, and was rcSlected in 1882. Ilo was County Atetorney for Jobnson County, for three terms, serving from 1887 to ]892. He was a member of the Honse of Representatives for Johnson District in the Twenty-fifth and Twenty-sixth General Asscmbllcs, and was Senator from the Johnson-Iowa District in ~he Twenty-seventh General Assembly. IIe was also on thc board governing the school for the deaf at Council Bluffs. 3Ir. Itanck was an able lawyer, and one of the leaders at the Cyrus S. and Georginia Ranck House (Historic Name) ~ 747 West Benton Street -~ -< Iowa City, Iowa IOWA CITY HISTORIC LANDMARK NOMINATION FORM prepared for William and Barbara Buss, Owners prepared by Tallgrass Historians L.C. 2460 S. Riverside Dr. Iowa City, Iowa ;319.354.6722 April 2002 IOWACITY HISTORIC LANDMARK NOMINATION FORM Property Address: 747 W. Benton Street Date of Preparation: April 20, 2002 Historic/Common Name: Cyrus S. & Georginia Ranck House Prepared by: Tallgrass Historians L.C. Property Owner: William & Barbara Buss Address: 2460 S. Riverside Dr Address: 747 W. Benton Street Iowa City, Iowa 52246 Iowa City, Iowa 52246 Phone: H ( ) Phone: H (319) 351-3309 W (319) 354_-6722 wL ) Date of Construction ' c. 1905-1908 (Attach documentation or list source) -- Original use of building/object/site: Residential Current use of building/object/site: Residential Legal description of property; Commencing at the southeast comer of the NW ',/, of Section 16, Township 79. North Range 6 ,/Jest of the 5th P M thence North 341 feet to the center of the public highway, thence west along the center of the public highway 166 5 feet, thence south to a point 30 rods south of the nodh line of the SW ¼ of said Section 16. thence east parallel with the nodh line of said SW '/, to the east line of said SW ¼. thence north along the east line of said SW '/~ to the point of beg~nmng BUILDING INFORMATION: If the proposed landmark is a building or structure please answer the following: Building Height: 2 stories Materials Foundahon limestone Wails wood Roof asphalt/shingle Builder (if known) unknow~ Arci~tect Of known~ unknowr~ Significant alterahons or add~t,ons (explanahon & date) rear sunroom~and deck 1992_ Site 'Inventory Form State Inventory No. 52-04383 [] New [] Supplemental State Historical Society of Iowa [] Part of a distdct with known boundaries (enter inventory no.) (December 1, 1999) Relationship: [] Contributing [] Noncontributing [] Contributes to a potential distdct with yet unknown boundaries National Register Status:(any that apply) [] Listed [] De-listed [] NHL [] DOE 9-Digit SHPO Review & Compliance Number 0 [] Non-Extant (enter year) 1. Name of Property 7~ ~ .... historic name Cyrus S. and Georqinia Ranck House other names/site number William and Barbara Buss House 2. Location street & number 747 W. Benton Street cityortown IowaCity [] vicinity, cOunty Johnson Legal Description: (If Rural)Township Name Township No. Range No. Section Quarter of Quarter 79N 6VV 1--6 _ (If Urban) Subdivision Co'~ffaqe Hill Block(s) _ -Lot(s) 3. State/Federal Agency Certification [Skip this Section] 4. National Park Service Certification [Skip this Section] 5, Classification Category of Property (Check only one box) Number of Resources within Property [] building(s) /f Non-Eligib/e Property /f E/igib/e Property, enter number o£' [] distdct Enter number of: Contributinq Noncontdbutinq [] site _ buildings 2-- _ buildings [] structure _ sites _ sites [] object structures _ _ structures _ objects _ objects __ Total _~ _ Total Name of related project report or multiple property study (Enter "N/A" if the property is not part of a multiple property examination), N/A 6. Function or Use Historic Functions (Enter categories from instructions) Current Functions (Enter categories from instructions) 0lA DOMESTIC/sin~Ile dwellinq 0lA DOMESTIC/single dwellinq 7. Description Architectural Classification (Enter categories from instructions) Materials (Enter categories from instructions) 06B LATE 19th AND 20th CENTURY REVIVALS/ foundation 04C STONE/Limestone Colonial Revivial walls 02A WOOD/Weatherboard Queen Anne roof 0SA ASPHALT/Shinqle other Narrative Description ([] SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED) 8. Statement of Significance Applicable National Register Criteria (Mark "x~ representing your opinion of eligibility after applying relevant National Register criteria) [] Yes [] No [] More Research Recommended A Properly is associated with significant events [] Yes [] No [] More Research Recommended B Property is associated with the lives of significant persons [] Yes [] No [] More Research Recommended C Property has distinctive architectural characteristics [] Yes [~ No [] More Research Recommended D Property yields significant information in archaeology or history County' Johnson Address 747 W. Benton Street Site Number 52.-04383 City Iowa City District Number Criteria Considerations [] A Owned by a religious institution or used [] E A reconstructed building, object, or structure. for religious purposes. [] F A commemorative property. [] B Removed from its odginal location. [] G Less than 50 years of age or achieved significance within the past [] C A birthplace or grave. 50 years. [] D A cemetery Areas of Significance (Enter categories from instructions) Significant Dates Construction date 02ARCHITECTURE c. 1905-08 [] check if drca or estimated date Other dates Significant Person Architect/Builder (Complete if National Register Criterion B is marked above) Amhiteet unknown Builder Narrative Statement of Significance (J~ SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED) 9. Major Bibliographical References Bibliography [] See continuation sheet fcf citations of the books, articles, and o[her sources used in preparing this form 10. Geographic Data UTM References (OPTIONAL) Zone Easting Northing Zone Easting ~ N.c~thing ~ .- 1 1_~5 .620908 4611715 2_ 3 4 ~.~ [] See continuation sheet for additional UTM references or comments 11. Form Prepared By evaluated by Jan Olive Nash, principal historian & co-author prepared by Joyce Barrett, researcher & author organization Tallqrass Historians UC. date April 2~)2 street & number 2460 S. Riverside Ddve telephone (319) 354~722 city or town Iowa City state IA zip code 52246 ADDITIONAL DOCUMENTATION (Submit the following items with the completed form) FOR ALL PROPERTIES 1. Map: showing the property's location in a town/city or township. 2 Site plan: showing position of buildings and structures on the site in relation to public road(s). 3. Photographs: representative black and white photos. If the photos are taken as part of a survey for which the Society is to be curator of the negatives or color slides, a photo/catalog sheet needs to be included with the negatives/slides and the following needs to be provided below on this particular inventory site: Roll/slide sheet # __ Frame/slot # __ Date Taken Roll/slide sheet # Frame/slot # Date Taken Roll/slide sheet # Frame/slot # Date Taken ~See continuation sheet or attached phot~o & slide catalog sheet for liszt of photo roll or slide e~tries. Photos/illustrations without negatives are also in this site inventory file. FOR CERTAIN KINDS OF PROPERTIES, INCLUDE THE FOLLOWING AS WELL 1 Farmstead & District: (List of structures and buildings, known or estimated year built, and contributing or non-contributing status) 2 Barn: a A sketch of the frame/truss configurabon in the form of drawing a typical middle bent of the barn b A photograph of the loft showing the frame configuration along one side c A sketch floor plan of the interior space arrangements along with the barn's exterior dimensions in feet State Historic Preservation Office (SHPO) Use Only Below This Line Concur with above survey opinion on National Register ehglbllity [] Yes [] No [] More F~esearch F~ecommended [] This is a locally des~gnated property or part of a locally designated district Comments Evaluated by (name/title) Date Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-04383 Iowa Site Inventory Form Related District Number Continuation Sheet Paqe 1 (~.) Cyrus S. and Georqinia Ranck House Johnson ~_~: Name of Properly County : 747 W. Benton Street Iowa City.~ ? Address City 7. Narrative Description ~ Generally; Architectural History and the Ranck House ~ Atop a hill in ~st Iowa City sits a large residence at 747 Benton Street. The building is a squarish, two- story wood-frame house that sports an eclectic mix of Queen Anne and Colonial Revival details, liberally applied to a simple, boxy underlying house form. The mingling of these two styles on the Ranck House reflects the changing architectural tastes at the turn of the century. Queen Anne advocates cherished asymmetrical lines and vadable surface planes. They clad their buildings with complex textures of patterned shingles--fish scale, diamond, cove, hexagonal, among others~and tdmmed thom with decorative moldings and brackets. The walls of Queen Anne homes were pierced with turrets and towers, second-story odel windows and ground-floor canted bay windows. Their living space was expanded with gabled bump-outs, loggias, and sitting porches. Colored window panes filtered daylight through ruby red, sunflower yellow, and cobalt blue glass, and window shapes and sizes changed level by level, elevation by elevation. The exuberance of Queen Anne architecture, however, declined dramatically after the turn of the century, and Midwest builders and homeowners alike increasingly favored a sleeker, more retined version of domestic architecture, and forms and details that were theoretically founded in colonial precedents. Colonial Revival styling was introduced in the last quarter of the nineteenth century by such notable East Coast architects as McKim, Mead, and White. But beyond shadng a preference for less applied ornament, use of classical details, and symmetrical house forms, Colonial Revival buildings vaded widely in appearance depending on which colonial precedent was tapped for inspiration. The Ranck House successfully blends asymmetrical and complex side elevations with a far more polite and formal symmetrical fac~ade. It manages to blend charming Queen Anne holdovers, like odels "supported" by a console brackets, with classical porch columns, crown window moldings, and pedimented gables at the roofline. Though vernacular in naturo no architect or even builder has been identified~and constructed of materials readily available through the local lumber company and millwork catalogues, the Ranck House is an excellent and wall-preserved local example of the transition from nineteenth-century Victorian architecture to the Revival styles of the early twentieth century. It might just as easily be called a late Queen Anne in the free classic subtype (McAlester and McAlester) as an early asymmetrical Colonial Revival. The hilltop setting of the Ranck House enhances the character of the residence and probably was important to the Rancks' choice of building locations. On this west side of the Iowa River, Benton Street runs along land that swiftly rises from the river valley to the crest of the steep hill. The house is situated on the south side of Benton Street with views (now obstructed by trees) to the east towards town and to the south. The land to the south of the house is overgrown with trees and brush, but' in the early part of the twentieth century an orchard of apple trees grew here. There are now three acres to the property, which includes a barn-like outbuilding that served as a stable and wagon shed, and later as a garage. Description: Ranck House The foundation of the house is of large, cut limestone blocks tuck pointed with a raised bead of gray mortar Walls are wood and almost certainly balloon framed and the extenor ~s sided with lapped weatherboard It has a full porch on the north front, with Tuscan columns, that wraps around to the east side. The column shafts are smooth and unfluted The porch balusters are decoratively turned in a modified vase shape The entry is approached via centered porch steps Once on the deep porch, to the east is a bump-out with a fixed plate-glass window and rectangular transom light above The west, the front door is contained in another buml~out, leaving a recessed niche in the center The front door is wooden with a glazed upper portion It is flanked by sidelights with lower wood panels that match the Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-04383 Iowa Site Inventory Form Related Distdct Number Continuation Sheet Paqe 2 Cyrus S. and Georqinia Ranck House Johnson - ,- t-.~ '-- Name of Property County 747 W. Benton Street iowa City - Address City .~:: door. A single double hung window is to the dght (west) of the doorway, which interrupts the seh'~e of precise symmatry one initially views. A stringcourse with astragal molding runs between the first and second levels. The north front on the second floor has a symmetrical appearance, with two projecting canted bays, each with three windows. The bay windows are located directly beneath the two gabled dormers on the roof. The main roof is a relatively steeply pitched, belcast hip roof that terminates at the apex in a short ddge. The ddge lies on a north-south axis, or perpendicular to Benton Street. The twin gabled dormers are each fitted with a single sash window. Sidewalls of the dormers are slightly battered and the windows they shelter are recessed. The dormer tympanum and sidewalls are clad with decorative wood shingles. The gables over these dormers, as well as the gable roof covedng bump-outs on each of the house's other sides, all have a flare or "kick" at the eaves. Two crown chimneys are visible on the roof. One on the east side towards the front of the house vents an operable fireplace; the second on the south center back serves as a furnace flue. The aluminum soffits are replacements installed in the eady 1970s. The east elevation has a two-story bumped-out wall projection. On the first level is a canted bay with three windows and directly above that on the second level is a boxed projection that has replacement casement windows. The boxed projection is visually supported by decorative console brackets. The present casement windows replaced previous replacement windows in 1968. The bump-out's gable tympanum is clad in decorative shingles and has one double hung window. Prior to 1968, a drive-under garage with an access door was incorporated under the porch that is attached to the south, rear side of the house. The enclosed porch was remodeled in 1992 at which time a bay window with four casement panels, of compatible appearance, was installed. The west elevation has a second floor boxed odel window, which is visually suppoded by decorated console brackets. This odel accommodates the intedor stairwell, with coupled double hung windows and a fixed transom light above. The west gable has flared eaves, a wood-shingled tympanium, and a single double hung window. To the south end of the west elevation is a one-story bay window, which projects out several feet beyond the odel window. Each of the three faces of the bay has a single double hung window The south elevation was remodeled in 1992 and included remodeling of the previously enclosed back porch. Now there is a sunroom running the full width of the house, and a large wooden deck. Full length windows, contemporary sliding glass and French doors fill the first floor elevation. The large wooden deck projects above the yard, which falls away to the south. A flight of stairs is required to reach the yard from the deck. There is also an older second-floor balcony that is accessed from a second floor bedroom. The balcony is approximately twelve feet wide and takes in the center portion of the second floor back wall The balcony has a Iow balustrade Windows are to both the east and west of the balcony Description: Outbuilding An early-twentieth century (1910s) outbuilding is located southeast of the house and reached by a paved drive straight in from Benton Street The building is banked into the hill which falls away to the south The drop-siding covered stud walls sit on a brick foundation of common red bricks A standing seam metal roof covers the building The north fronl has a large door and. overhead, the gable has a hood for loading hay into the second floor There are three fixed windows along the west side, each with a single six-pane sash The lower level of the barn is exposed due to the slope of the hill and divided into two bays Iowa Depadment of Cultural Affairs State Historical Society of Iowa Site Number 52-04383 Iowa Site 'Inventory Form Related Distdct Number Continuation Sheet Page 3 .... Cyrus S and Geor~inia Ranck House Johnson ._, -: Name of Property County 747 W. Benton Street Iowa City -;' '~' -i'~ Address City .; longitudinally. The lower level has two six-pane sashes. There is also a small shed additid}~on the ~ast side. Land Use History: Section 16 and the Ranck House The section of land on which the Ranck House now sits---Section 16 of Township 79 North, Range 6 West--was surveyed by government agents by 1839. A trail marked "...From Indian Village to Napoleon" is noted on the survey map, crossing from northwest to southeast and ten~inating in "Miller's Field" along the west bank of the Iowa River. It is unknown how or whether this relates to the Ranck property. No archaeology has been performed for this nomination. Section 16 of the early townships was reserved to provide for school land or, alternatively, to sell in order to raise money for school funds. A public auction was held on June 13, 1848 to sell 27 parcels within Section 16, consisting of 9 to 40 acres. Henry W. Lathrop was the buyer of lot 24, originally priced at $3 per acre. The recording entry of "lot 24 SE 1/. of the NW %" was not made until September 1854, however. Later, Lathrop submitted a plat of "Cottage Hill" dated September 26, 1856, which, in addition to lot 24, alse included lots 16 and 25 of Section 16. Lathrop was a civic booster who arrived in Iowa City in 1847. Iowa City historian Irving Weber says Lathrop was the community's second mayor, a newspaper publisher and a horticulturist known statewide (vol. V p.26). He also served on the city council, resigning in 1853 or 54 to take charge of the new public school. He apparently had a special interest in the schools and was school principal in 1846 and the first county superintendent of schools by 1858 (Aurner). A one- room bdck school near what is now the intersection Riverside Drive and West Benton St was known as Lathrop School. Roosevelt Elementary School, which sits across from the Ranck House to the north, replaced the old school. The new school was for a while called Lathrop School until it was officially dedicated as Theodore Roosevelt School in August 1931. Cyrus S. Ranck appears to have been the odginal occupant/builder of the extant house at 747 West Benton Street. Rank was bern March 31, 1845. He attended the State University of Iowa Law School, graduating in 1871, and was admitted to the Iowa bar the same year. Ranck married Lillie V. Jack of Iowa City on January 1, 1873. That union produced tw~ children Eloise (sic) and Lucile (sic). After that mardage ended by either death or divorce, he then marded Georginia J. Fracker Closson on December 20, 1883. Georginia had a son, Alfred Ctosson, by her previous mardage Ranck initially was a Democrat who served as city attorney in 1880 and was re-elected in 1882. In 1886 he was elected as prosecuting attorney for Johnson County, an office he held for six years. He also served terms in the iowa House and the Iowa Senate. In later years he switched to the Republican Party. During the course of his career, Ranck had several different professional partnerships. When this house was constructed somewhere between 1905 and 1908, he was in his early 60s and associated with the firm of Ranck and Bradley At the time of his death (1915) Ranck was in partnership with Frank Messer When Ranck died on May 25, 1915, at age 70, he had been a patient at the Battle Creek Sanatorium, in Battle Creek, Michigan, since the end of February His health had been failing and he had been unable to work for the prior two years His financial affairs were complicated as debts exceeded his assets and his widow was required to sell the house to settle the variety of claims against the estate In 1915, the property included 22 acres of land In addition to household goods and fam] implements, the Rancks owned a modest array of livestock including 55 chickens, 3 cows and a horse, more that was needed for the family's daily needs The excess may have provided extra "egg and milk" household cash for Mrs Ranck Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-04:383 Iowa Site -Inventory Form Related Distdct Number Continuation Sheet Cyrus S. and Georqinia Ranck House Johnson Name of Property County -~.,- 747 W. Benton Street lo, va City -', :, ~ , Address City City directories for the pedod following 1915 are not complete for this part of Iowa City, and .~t~e'~at)str~t lacks information on renter. The picture of subsequent residents of the Ranck House is, ther~ore, sketchy at best. They include: E.O. Buck, c. 1919; Michael & Emma Viers, c. 1923, listed as farmers i n-lTqe city directory (Irving Weber refers to them as managers to E.O. Buck's orchard, vol. 5 p. 28); and Pauline Viers Hintz and Julius Hintz, c. 1946. A year later, in 1947, Herbert and Lois Spitzer bought the home. The land was annexed into the City of Iowa City May 18, 1965. Current owners, William and Barbara Buss purchased the house from the Spitzers in 1968. 8. Statement of Significance Summary Statement of Significance The house is significant as an excellent vernacular representative of the transition of architectural styles at the turn of the twentieth century, from the complex forms and ornate decorations of the high Victorian Queen Anne style, to a more polite and refined architecture based on colonial and even earlier classical inspirations. This architectural transition reflects a larger aesthetic reaction unde~ray in the United States and England against Victorian material-culture excesses of the nineteenth century, a sea-change in the design world typified by the search for simpler lines and authentic craftsmanship. By adopting design choices such as a symmetrical facade, gable tympanums, Tuscan columns, and vase-shaped balusters, the Rancks, consciously or not, were being forward looking. By retaining features like the oriels and projecting bays on the side walls, they were hanging on to the familiar and taking a comfortably conservative approach for their new home. Guidelines for applying National Register of Historic Places Criterion C (Architectural Significance), contained in NRHP Bulletin 15 at page 18, help illustrate the relevance of Ranck House's transitional form, To have architectural significance and qualify for the Register, a "property must clearly illustrate, through 'distinctive characteristics' the following: · The pattern of features common to a particular class of resources, · The individuality or variation of features that occurs within the class, · The evolution of that class1 or · The transition between classes of resources [emphasis added]." Additionally, the hypothetical offered in the guidelines applies directly to the situation with the Ranck House a building that has "some characteristics of the Romanesque Revival style and some characteristics of the Commercial style can quality [as eligible for the NRHP] if it illustrates the transition of architectural design and the transition itself is considered an important architectural development" (Ibid., 18). The Ranck House, with its blend of Victorian and twentieth century design characteristics clearly meets these guidelines and the similar Iowa City cdteda. It has high integrity and is well preserved in terms of its craftsmanship, materials, and its setting Discussion Queen Anne features are retained on the Ranck House mostly on the side elevations, while the overall house form and fa~7.ade arrangement of fenestration and dormers reflects the Colonial Revival influence Colonial Revival features of the Ranck House most closely relate to the substyle coined "Hipped Roof With Full Porch" by Amedcan architectural historians Virginia McAlester and Lee McAlester They claim that one third of the Colonial Revival houses built before 1915 were of this substyle Sometimes referred to as the "Classic Box," the identifying features include a two stow of square plan, one stoP/ full-width porch; classic columns, and dormers (McAlester & McAlester, 321 ) The arrangement of the Ranck House front door with sidelights but no fanlight ~s common to Colonial Revivals, though they were not a design feature of the original colonial homes The symmetw of the dormers and bay windows of the north facade are particularly striking Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-04383 Iowa Site Inventory Form Related Distdct Number Continuation Sheet __ Paqe 5 '> Cyrus S. and Georqinia Ranck House Johnson Name of Property County : 747 W. Benton Street Iowa City Address City The home also reflects Iowa City's history in the development of residential properties wescor the ~wa River. Few residences for professionals (doctors, lawyers, and businessmen) were built west of the river, and even fewer survive today. The Benton Street bridge was not constructed until 1904-05, which certainly restricted access to the city and made transport of building matedais to the west side more tedious. VV'lthin the Benton Street neighborhood was the Butterbaugh House (nonextant), 603 West Benton Street (c.1884), a three-story brick farmhouse to the east of the Ranck House. Still extant is the Levi Robinson home at 602 West Benton Street (c. 1880). Built by Robinson, a prominent attorney, the home was later owned by J.H. Williams, proprietor of the Iowa City Commerdai College. Roosevelt School was opened in 1931, but the steep Benton Street hill up to the school was not paved until 1952. Seasonally impassable roads would have contributed to this area maintaining its rural personality. Ranck House's existing three acres of land also contribute to the significance of the property. The near-in suburban location of the land falls within the dng of agricultural activity surrounding a tow~ that historically supplied it with the most perishable of foodstuffs-eggs, dairy, fruits and vegetables--that could be harvested or collected and hauled into town by wagon frequently if not every day (farther out, grain production took over, then grazing land for livestock that could be walked to town). The Ranck House land was originally pumhased by H. W. Lathrop who was a renowned Iowa horticulturist. The 1854 map shows a vineyard in the area east of this property. The general rural area just west of the river has few named streets, but those named, are for trees, such as Orchard, Orange, Olive, Pine, Myrtle. The 1909 and 1911 city directories advertise produce from N. W. Cotton and C.T. Wdght, both of whom lived on West Benton Street east of the Ranck home. Sites such as the Ranck House, which had an orchard on the south-facing slope below the house, 55 chickens, and three cows (1915 probate records) and neighboring properties that produced other perishable fruits and vegetables were a necessity to support life in the urban center. Few of these close-in rural settings still exist in Iowa City. Today the site's three-acre setting with a high vista is unusual inside the city limits. Cut down from the 22-acre property of the Ranck residency, it is now a city acreage and a preserved remnant of past fan~ing activity. The survival of its outbuilding continues reflect these rural beginnings. 9. Major Bibliographical References Abstract of Property, William and Barbara Buss. Andreas, A.T. Illustrated historical Atlas of the State of Iowa 1875. [Repdnt 1970 SHSI]. Aumer, Charles R., Leading Events in Johnson County History, vol. I & I1. Westem Historical Press, Cedar Rapids, iowa 1912, 1913. History of Johnson County iowa 1836-1882. [Reprint Higgins Book Co., 2001]. Iowa City City Directory, Smiths 1904, 1908, 1909, 1911, 1918, 1922, 1924, 1942, 1946. Iowa City Daily Press, 5/25/1915, 4/1/1931. Johnson County Independent, June 3, 1915. Johnson County probate records, microfilm roll 34 and 62. State Historical Society of Iowa. Keyes, Margaret. Nineteenth Century Home Architecture of Iowa City. Iowa City; University of Iowa Press, 1986. Magnuson, Linda Westcott, Sheets & Co. An Iowa City Builder/Architect Firm 1870-1905. u.p.M.A. University of Iowa, 1980. McAlester, Virginia & Lee McAJester, A Field Guide to American House, Alfred A. Knopf, New York, 1986. State Historical Society of Iowa Clipping Files. Weber, Irving. Irvinq Weber's Iowa City, vols. I and V. Iowa City: Iowa City Lions Club 1976 [reprint 1987], 1989 Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-04383 Iowa Site Inventory Form Related Distdct Number Continuation Sheet Paqe 6 Cyrus S. and Georqinia Ranck House Johnson Name of Property County 747W. Benton Street Iowa City :, ;£' ~"i Address City Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-04383 Iowa Site Inventory Form Related Distdct Number Continuation Sheet Cyrus Sm and Georqinia Ranck House Johnson ~ Name of Property County %1 747 W. Benton Street Iowa City Z: Address City :' ' ? Detail of.lohnson County ,.\ndrcas Atlas I I alhrop I)ropcrt} Iowa Depadment of Cultural Affairs State Historical Society of Iowa Site Number 52-04383 Iowa Site ' -Inventory Form Related Distdct Number Continuation Sheet Paqe 8 Cyrus S. and Georqinia Ranck House Johnson Name of Property County 747 W. Benton Street Iowa City Address City From"plat Records in Auditor's O£fice. ,~ ~ 2,7 ...... // Z ,~ /~ /? /7 /? Recorded ~E~¥ ~, 1~, School 0o~$ ~eco~ ~a~e ~. ~ , THE JO~i~SOl~ CO'INTY APSTRACT Pla! ofS;chool %cction 16 I ','~p. 7)N.. R O.W., 5 P ~,1 I'ropcrl} ()x~ncr Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-04383 Iowa Site Inventory Form Related Distdct Number Continuation Sheet Pacle 9 Cyrus S. and Georqinia Ranck House Johnson O. Name of Property County ~... 747 W. Benton Street Iowa City Address City C')" ~ ,-~ · ~ , ~ · . ~ ()l'(k)ltaLzc ] l ill Y, uhdi,.'isi~)n l X56 Property ()'~ncl /",hs. tract Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-04383 Iowa Site Inventory Form Related Distdct Number Continuation Sheet Paqe 10 Cyrus S. and Georqinia Ranck House Johnson Name of Property County 747 W. Benton Street Iowa City Address City Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-04383 Iowa Site Inventory Form Related Distdct Number Continuation Sheet Paqe 11 Cyrus S. and Georqinia Ranck House Johnson '~ Name of Property County : 747 W. Benton Street Iowa City · -. - - Address City ._ !~ ro --" ~,~..~"JI%4.~ ? ~" ," ~_'~¢~, i_j;;_._J.~ ,, d~.-~., '.: I ' 747 W. Benton St., Iowa City, lnwa 2 1 north front jpg 2 east side jpg ' 3 4 3 west side.jpg 5 south rear jpg 747 W. Benton St., Iowa City, Iowa 5 6 outbuilding jpg 747 W. Benton St., Iowa City, Iowa 1 east side jpg 2 west side.jpg 3 front porch lpg 4 front door.jpg 747 W. Benton St., |owa City, Iowa 5 front roof dormer jpg 6 oriel bracket lPg 7 tuckpointed stone foundation.jpg 8 Doric porch columns jpg Planning and Zoning Commission Mary Hitchcock June 3, 2002 2345 Coach House Dr. Email & FAX Brookfield WI 53045-4246 Ruppert Property Representative Dear Commissioners: RE: William Buss Rezoning Application - Historical Overlay Zone The Rupperts, who own 662.2' bordering the subject parcels respect this owner's right to do what he believes is appropriate for his property, however they disagree with his view because, by generally accepted criteria, the house is not historical and because this property contains an easement to highway #1 which is the only available way to provide relief to Benton Street traffic and unify the remaining single family neighborhood in the future. We choose some parts of history to preserve because old familiar things help connect us with the wisdom of our past as change moves our society forward. Some but not all 100 year old buildings are declared historical. If they are good examples of the works of famous architects, like Frank Lloyd Wright, for instance, much younger buildings may receive the designation. Buildings that are rare examples of particular styles or construction techniques can sometimes be considered historical. Homes of people who made important contributions to society are likely to be considered historical. Often an important historical event occurring in a particular place causes the place to be designated historical, though many sites of historical events are not designated historical. In Iowa City, The Old Capitol and Plum Grove are well known historical buildings. All of South Summit Street is designated a historical district due to the architecture. The Mayflower was a lovely large old social hall on Dubuque Street which hosted many important parties and reportedly was a stop on the under ground railroad in the mid 1800's. It did not gain historical designation and was raised to make room for a residence hall. As you consider this application to change the zoning of the house at 747 West Benton Street to Historic Landmark Overlay Zone note this house is similar to numerous Iowa City homes built about 1920. It was plain white the majority of its life, until the current owner added cheerful Victorian paint. The original home had no basement and no indoor plumbing. The second owner lifted the home so a small basement could be dug under it and still later four bathrooms were added to serve the five tiny bedrooms. It has been modified numerous times. It is not 100 years old. It is not in original condition. It was not owned by a famous resident nor did any important historical event occur there. By generally accepted criteria the house is not historical. Please choose carefully. Today in some places, and perhaps one day in Iowa City, historical status brings owners certain benefits balanced by responsibilities. One of the benefits is the property tax forgiveness in return for the responsibility of showing the building to the public on demand. If too many marginally important buildings are designated historical, taxpayers may find it difficult to shoulder the resulting burden. Thank you, Mary Hitchcock LEFF, HA.UPERT, TP.~A.W & WILLMA. N, L.L.P. June 5, 2002 Planning and Zoning Commission Civic Center 410 East Washington Street Iowa City, Iowa 52240 Re: William Buss Rezoning Application Historical Overlay Zone Dear Commission: You have received a letter from Mary Hitchcock indicating that there is a "easement to Highway 1 which is the only available way to provide relief to Benton Street traffic" located on the William Buss property which is the subject of the rezoning application. We have examined the abstract of title to this property and it contains no easement of any type other than a easement for utility purposes over the north 10-feet of the property. We are contacting Mary Hitchcock to ask her to provide a copy of whatever recorded easement that she is referring to, but we do not believe that it is applicable to the property involved in Professor Buss's application. Very truly yours, iR~TRAW & WILL.MA_N, L.L.P. egg PAL: dml Leff, Haupert, Traw & Willman, L.L.P. Philip A. Leff C~0~V 229 South Linn Street Iowa City, IA 52244-2447 June 12, 2002 RE: William Buss Easement Dear Mr. Leff.' Iowa Abstracts generally contain a detailed description of the property and a drawing in the exhibit section in the back. The drawing of the Buss property will show the buildings, well and omhard with a lane through it. This lane is the easement I am talking about. It is a match to the easement that became Miller Avenue. Both were in place prior to 1930. Area farmers watered their teams there on the way to other properties on Benton hill. In 1978 when the State improved highway #1, it was the reason the current point, below the Buss property, was chosen for Ruppert's deeded access. The entire area was undeveloped at the time and the existing Ruppert access for both sides of the highway was at a point several hundred feet west, where the Ruppert's preferred it remain. The property was not in the City limits when this and other such easements were common. There was one on what is now Dodge Court and another on the Kessler property on Dubuque Road. The Kessler easement was next to a spring, instead ora well, and was forgotten, as the area became part of the City. Later a home was built very near that easement and of course has a wet basement. I hope this is helpful in finding the documentation. Truly yours, Mary Hitchcock 2345 Coach House Dr. Brookfield WI 53045-4246 cc. Planning Prepared by: John Adam, Planning Intem, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE TO CONDITIONALLY REZONE APPROXIMATELY 1,14 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SOUTH RIVERSIDE DRIVE AND COMMERCIAL DRIVE FROM GENERAL INDUSTRIAL (I-1) TO INTENSIVE COMMERCIAL (C1-1) WHEREAS, the applicant, Donald Gdnger, has requested that the City rezone approximately 1.14 acres of property located on the southwest comer of South Riverside Ddve and Commercial Drive from I-1 to C1-1; and WHEREAS, the current uses on this property are permitted in Intensive Commemial zones; and WHEREAS, the South Central District Plan calls for the continuation of both industrial and intensive commercial uses for properties in this area adjacent to the Iowa River; and WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the applicant acknowledges that certain such conditions relating to the timely provision of paving of the existing parking area and planting of arbor vitae for the public purpose of enhancing the South Riverside Ddve entryway into Iowa City are reasonable; and WHEREAS, the applicant has signed a Conditional Zoning Agreement providing for the timely provision of paving of the existing parking area and planting of arbor vitae for the public purpose of enhancing the South Riverside Drive entryway into Iowa City; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning, subject to a Conditional Zoning Agreement as referenced above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: The property described below is hereby reclassitied from its present cl@ssificatJon of I-1 to C1-1: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PM., THENCE SOUTH 654.93 FEET, THENCE EAST 323.8J FEET TO A POINT ON THE SOUTHERLY LINE OF THE CRANDIC RAILWAY COMPANY RIGHT-OF-WAY, THENCE NORTH 46° 26' 30" EAST 141.92 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING; THENCE SOUTH 2° 40' 30" WEST 325.74 FEET, THENCE 8OUTH 88° §0' 30" EAST 137.J4 FEET TO THE WEST LINE OF SOUTH RIVERSIDE DRIVE, THENCE NORTH 1° 09' 30" (ALSO RECORDED AS 1° 09' 02") EAST 3?2.30 FEET ALONG THE WEST LINE OF SAID SOUTH RIVERSIDE DRIVE, THENCE NORTH 49° 27' 63" WEST 59.86 FEET TO SOUTHERLY LINE OF CRANDIC RAILWAY COMPANY RIQHT-OF-WAY, THENCE SOUTH 4§° 25' 45" WEST 116.t3 FEET ALONG SAiD SOUTHERLY LINE TO THE POINT OF BEGINNING. 8AID TRACT OF LAND CONTAINS APPROXIMATELY 1.14 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owner and the City. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement and to record same in the Johnson County Recorder's Office at the applicant's expense upon passage and approval of this Ordinance. Ordinance No. Page 2 SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Vi. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged -to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudicated invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK Approved by ci f o 'ne s It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: __ Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn First Consideration Vote for passage: Second Consideration Vote for passage: Date published Prepared by: John Adam, Planning Intem, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Donald Gringer and Mary Gringer (hereinafter "Owner"). WHEREAS, the Owner, Donald Gringer, has requested that the City rezone approximately 1.14 acres of property located on the west side of South Riverside Drive, south of Commemial Drive, from I-1, General Industrial, to C1-1, Intensive Commercial; and WHEREAS, the proposed rezoning complies with the directive in the South Central District Plan that land between State Highway 921 (Old Highway 218) and the Iowa River shall be best employed for either General Industrial or Intensive Commercial uses; and WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to en- sure the adequate provision of and timing of improvements associated with the proposed rezoning, to address the issues of off-street parking requirements and tree requirements; and WHEREAS, the South Central District Plan recommends that properties along the Highway 921/South Riverside Drive entranceway into Iowa City are effectively enhanced with landscaping. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Donald Gringer and Mary Gringer are the owners and legal title holders of approximately 1.14 acres located on the west side of South Riverside Drive, south of Commercial Drive, which property is to be rezoned from I-1, General Industrial, to C1-1, Intensive Commercial, and is more particularly described as follows: Commencing at the west quarter corner of Section 22, Township 79 North, Range 6 West of the 5th P.M., thence south 654.93 feet, thence east 323.81 feet to a point on the southerly line of the CRANDIC Railway Company right-of-way, thence north 45° 25' 30" east 141.92 feet along said southerly line to the Point of Beginning; thence south 2° 40' 30" west 325.74 feet, thence south 88° 50' 30" east 137.14 feet to the west line of South Riverside Drive, thence north 1 ° 09' 30" (also recorded as 1 ° 09' 02") east 372.30 feet along the west line of said South Riverside Drive, thence north 49° 27' 53" west 59.86 feet to southerly line of CRANDIC Railway Company right-of- way, thence south 45° 25' 45" west 116.13 feet along said southerly line to the Point of Beginning. Said tract of land contains approximately 1.14 acres and is subject to easements and restrictions of record. 2. In consideration of the City's rezoning the subject property from I-1 to C1-1, Owner agrees that the use and future redevelopment of the subject property will conform to all of the re- quirements of the C1-1 zone, as appticable, as well as the following additional conditions: REZ02-00007 CZA Page 2 a. The Owner will provide for the paving and striping of the existing parking lot fronting South Riverside Drive at such time as a change in use occurs or prior to the issuance of a building permit, whichever occurs first. b. Trees shall be provided along South Riverside Drive frontage in accordance with ex- isting tree regulations at such time as a change in use occurs or prior to the issuance of a building permit, whichever occurs first. c. The Owner shall additionally provide landscaping along the northwesterly property line adjacent to the CRANDIC Railway right-of-way, such landscaping to consist of no less than three (3) large trees, one approximately every forty feet along and no closer than fourteen feet to said lot line, or four (4) small trees, one approximately every thirty feet along and no closer than eight feet to said lot line. References to "large" or "small" trees herein refer to the mature height as scheduled in the List of Recom- mended Trees for Iowa City. Existing trees may count towards compliance with this Agreement as determined by the Building Inspector. d. Outdoor storage areas, loading docks, receiving areas and garbage dumpsters visible from South Riverside Drive and Highway 921 (Old Highway 218) shall be screened from view with a planting screen of pyramidal arbor vitae, the plantings being at least three feet (3') high when planted and spaced four feet (4') on center. e. Outdoor display areas visible from Highway 921 (Old Highway 218) shall be en- hanced as called for in the South Central District Plan by the addition of a mixture of coniferous and deciduous shrubs along the CRANDIC Railway right-of-way. 3. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land and under Iowa Code 414.5 (2001), and that said conditions satisfy pub- lic needs which are directly caused by the requested zoning changes. 4. The Owner acknowledges that in the event any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will conform with the terms of this Conditional Zoning Agreement, regardless of whether recited in any subsequent transfer documents. 5. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and ef- fect as a covenant running with the title to the land unless or until released of record by the City and may not be superseded or avoided by separate private covenants not recorded and not within City's knowledge. The Parties further acknowledge that his Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 5. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve Owner from complying with all applicable local, state and federal regulations. 7. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office, at Owner's expense. REZ02-00007 CZA Page 3 Dated this day of ,2002. OWNER CITY OF IOWA CITY Donald Gringer Husband ~ Ernest Lehman, Mayor ~ ,-. l, ~,,.'~ Attest: Mary G~:i~e~/ Marian K. Karr, City Clerk Approved by: Cit~,~ttorney's Office ppdad m/a gt/R EZ02-OO007CZA.doc 3 STAFF REPORT To: Planning and Zoning Commission Prepared by: John Adam, Planning Intem Item: REZ02-00007, 2115-2121 Date: May 22, 2002 S. Riverside Drive GENERAL INFORMATION: Applicant: Don & Mary Gdnger 3536 Hwy 1 SW Iowa City, IA 52240 Contact person: Don & Mary Gringer Phone: 338-5372 Requested action: Rezoning property at 2115-2117 and 2119-2121 South Riverside Drive from I- 1 to C1-1 Purpose: To allow for commercial uses Location: SW ¼, Section 22-79-6W, property at the southwest comer of S. Riverside Drive and Commercial Drive Property size: approximately 1.34 acres Existing land use and zoning: Vacant/commercial, I-1 Surrounding land use and zoning: North: Industrial, I-1; East: Commercial/industrial, I-1; South: Commercial/industrial, I-1; West: Commercial/industrial, I-1. Comprehensive Plan: The South Central Distdct Plan supports the continued use of land in this subarea for industrial and intensive commercial uses. File date: May 14, 2002 45-day limitation period: June 28, 2002 SPECIAL INFORMATION: Public utilities: Site is currently served by water and sanitary sewer facilities 2 Public services: Police and fire protection are provided by the City. Transportation access: From South Riverside Drive and Highway 921 (Old Hwy 218). BACKGROUND INFORMATION: The applicant has requested a rezoning of this parcel in order to increase its marketability as leasable property. According to the applicant's statement warranting this rezoning, he has been unable to find tenants because the types of businesses that have expressed interest in leasing are types not allowed under the current industrial zoning. Although market conditions may be considered as a factor in rezoning decision, justification for rezoning, from the City's perspective, derives from an examination of whether the proposed rezoning is in compliance with the Comprehensive Plan and surrounding land uses. ANALYSIS: The intent of the General Industrial zone is to provide for development of most types of industrial firms. The Intensive Commercial zone combines quasi-industrial uses (light assembly, manufacturing, or processing) with a commercial element. These two land use categories are potentially complementary and can coexist. The South Central District Plan calls for the continuation of these two uses in this area between Riverside Drive/Highway 921 and the Iowa River. To the north and east the land uses are of the Intensive Commercial variety, to the west and south they are more industrial in nature. To the southeast are two manufactured housing parks containing neady 200 lots altogether. The applicant's property is adjacent to, but outside the 100- year floodplain zone. The north third of this commercial parcel is undeveloped. The south two thirds contains a structure suitable for commercial or light manufacturing uses; at this time a portion of it is under lease to a plumbing contractor, a use permitted in Intensive Commercial zones. Rezoning this property, therefore, would not result in the creation of a non-conforming use. From this one may conclude that the change from I-1 to C1-1 is not a fundamental change in the use of the land, but a shift in intensity of use. Furthermore, industrial uses generally require large tracts; the small size of this property may better suit intensive commercial uses. The presence of residential uses close by would recommend this rezoning to a less intensive use category, but the South Central District Plan recommends the eventual phasing out of residential uses in this portion along the river in favor of intensive commercial and industrial uses. Engineering notified planning staff that a question concerning the locations of sewer and water easements from a 1997 site plan was never resolved. A water line and sewer line cross the property north of the existing building. Engineering has requested the applicant grant the necessary easements in the correct locations as a condition of this rezoning. Pursuant to Article N, Off-Street Parking and Loading, of the Zoning Ordinance, staff recommends requiring the applicant to pave the parking area in the improved portion of his property. Also, pursuant to both Article R, Tree Requirements, and the recommendation in the South Central District Plan that industrial and commercial properties along the entranceway into Iowa City are effectively screened with landscaping, staff recommends requiring applicant to plant trees and/or 3 shrubbery along the west and northwest sides of the property line, which are the portions visible from South Riverside Drive/Highway 921. STAFF RECOMMENDATION: Staff recommends that REZ02-00007, a request to rezone approximately 1.34 acres from General Industrial, I-1, to Intensive Commercial, C1-1, for property located at the southwest corner of South Riverside Drive and Commercial Drive be approved subject to the following conditions: (1) revised and accurate water and sewer easements are given; (2) the applicant paves the existing parking lot when change in use occurs; and (3) the applicant complies with Tree Requirements and district plan policy when change in use occurs by providing landscaping that includes a mixture of trees and shrubs along portions of the property visible from Highway 921. ATTACHMENTS: 1. Location Map 2. Statement from applicant 3. Example petition from nearby property owners Approved by:.,~,~../,.. c..r..,..¢-- ~ , Robert Miklo, Senior Planner Department of Planning and Community Development $I'I':E LOCATION: 2115-2117, 2119-2121 S. Riverside Dr. REZ02-00007 May 7, 2002 To Whom It May Concern: Our commercial property (188 Ft. X 50 Ft.) is located on South Riverside Drive. It consists of four units. From the north to the south, unit #1, 3000 sq. ft., 2115 So. Riverside Drive--unit #2, 2400 sq. ft., 2117 So. Riverside Drive--unit #3, 1600 sq. ft., 2119 So. Riverside Drive unit #4, 2400 sq. ft., 2121 So. Riverside Drive. It is presently zoned I-1. For nearly one year we have been only 50% leased. Due to zoning laws, we were denied, clubs, auto repair, U.S. Agricultural Stabilization & Conservation, and office rental. For these reasons we are asking to change our zoning from I-1 to CI-1. Planning recieved a total of five (5)6f these fro adjacent or nearby property owners. I own the property located within 300 feet of the following addresses, 2115 South Riverside Drive 2117 South Riverside Drive 2119 South Riverside Drive 2121 South Riverside Drive. I have no objection to a Zoning change from I-1 to CI-1. Ormger Properties LLC Requests Zoning change from I-1 to CI-I J'tm.e 5, 2002 Iowa City, Iowa We have been living at 2128 S. ~verside Dr., ac~ss ~e s~eet f~ ~e~er ~rope~y since 196T. We were bright ~ ~e I~a City L~m~ts as a sidle f~ly ~e11~g in ~e e~ily 60~s. ~e city ~s ch~g~ ~ zon~g ~ice, once wi~out ~ ~l~ge. house is ~1. We have tolerated dirt, dust, s~ells, etc. frc~ the Gringer property including his elevator. The only help we have gotten is from the DNR in Brighton, Iowa. Complaints to the city didn't help. Now the city is trying to change the zoning again without notification of the neighboring properties. We called Mr Pfat, Mr O'Donnell and Kaxen Franklin, the next day we received a certified letter telling us of cities plans. To us it looks like the city has already m~de it's decision to change the zon- ing as the auto repair shop opened two or three weeks ago. Mr Gringer bought the property k~owing that it had a gravel parking lot, what the zoning was, and that the building was partially e~pty. We own 2120, 2122, 2124 and 2126 S. Riverside Dr., these are ~11 lots, not big enough for c~ericial. These lots have h~mes on the~, some of the tenants have been here fourteen years. We own more than 20% of the neighboring properties, and we do object to the rezoning 100%. Thank you, David A. Baculis & Kaxen Baculis Se Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ02-0002) ORDINANCE NO, AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING (OPDH-12) PRELIMINARY PLAN FOR SILVERCREST TO ALLOW FOUR 4- UNIT TOWNHOUSE STYLE BUILDINGS AND FOUR 24-UNIT INDEPENDENT LIVING BUILDINGS FOR ELDERLY RESIDENTS ON 12,18 ACRES, LOCATED EAST OF SCOTT BOULEVARD AND SOUTH OF AMERICAN LEGION ROAD, WHEREAS, the City of Iowa City City Council has approved a Planned Development Overlay (OPDH- 12) preliminary plan for Silvercrest, a retirement community including a 68-unit assisted living apartment building, a 120-unit independent living apartment building, a 40-unit assisted living building fo~' persons with Alzheimer's, and a medical office building; and WHEREAS, the applicant, Silvemrest-lowa City, UP., has requested the City amend the preliminary OPDH plan to reconfigure the independent living apartment building; and WHEREAS, the revised plan includes four 4-unit townhouse style buildings and four 24-unit independent living apartment buildings in lieu of a 120-unit independent apartment building; and WHEREAS, the buildings will include brick veneer and hardboard siding; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments ~o the OPDH plan and has recommended approval of the same including the variations from the zoning regulations illustrated on the preliminary OPDH plan and listed in Section II below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The amended preliminary OPDH plan for the property described below is hereby approved: Lot 2 and Oufiot "A" of Silvercrest Residential Community, as recorded in Book 40, Page 174, at the Records of Johnson County, Iowa; and Auditor's Parcel #2001-001 (Lot 1) as shown on the plat recOrded thereof in Plat Book 42, Page 28. SECTION I1. VARIATIONS. To encourage the development of the proposed retirement community and to allow clustered development as provided for in Sections 14-6J-2-D and 14-6J-2-B of the City Code, the following variations are approved as a part of the preliminary OPDH Plan: a waiver of the minimum 35 feet of frontage required on a public street; a reduction in rear yards as shown on the OPDH plan; and a waiver of the 35-foot height limit to 45 feet for those buildings with underground parking as shown on the OPDH plan. SECTION Ill. ZONING MAP. Upon final passage, approval and publication of this Ordinance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance ara hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged.to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20.__ MAYOR ATTEST: CITY CLERK City Atto~~ City of Iowa City MEMORANDUM Date: June 20, 2002 To: Planning and Zoning Commission From: Robert Miklo Re: REZ02-O0002/SUB02-O0009 Silvemrest Staff recommends approval of an amended OPDH-12 plan for Silvercrest to allow four 4-unit townhouse style buildings and four 24-unit apartment buildings for eldedy residents and a preliminary plat of Silvercrest Residential Community, Part 2 a 7-lot subdivision on 12.18 acres located southeast of the intersection of Scott Boulevard and American Legion Road. Approval of the OPDH plan includes a waiver of the minimum 35 feet of frontage required on a public street; a reduction in rear yards as shown on the OPDH plan; a waiver of the 35 foot height limit to 45 feet for those buildings with underground parking as shown on the OPDH plan. Approval is subject to development generally conforming to the submitted OPDH plan, landscaping plan and elevation drawings, which include buildings with masonry facades and hard board siding; and staff approval of an exterior lighting plan. ~ - E~ AMERICAN ' - .... , ---- PRELIMINARY O.P.D.H. SITE PLAN i ' i " '"',~_'~....I '"""~ - - - PRELIMINARY P~T ........ TYPICAL PAVEMENT SECTION ' SILVERCREST WAY & SlLVERCREST CIRCLE .. , _. ...... -, , .-~ I =~e'~';" '~_~:_ ~ , ,~.. , ~,,, /~' ~_ tF~~~ '~., ~ ........... ..~ .....~, ............ . .... ._.., ~,~~ ~ ~~--;,~,, ..... City of Iowa City MEMORANDUM TO: Planning and Zoning Commission FROM: Robert Miklo DATE: May 10, 2002 RE: REZ02-00002/SU B02-00009 Silvercrest We have received a revised plan that eliminates the two units previously ! proposed on the west side of the storm water basin. The plan has also been revised to subdivide the property into 8 lots so that each building will be located on a separate lot. The applicant has indicated that this is for the purpose of financing the project. Because lots 3,4,5 and 6 do not have the minimum 35 feet of frontage required on a public street, a waiver of this requirement as part of the OPDH plan is necessary if the subdivision is to be approved. We have asked the applicant to submit a lighting plan to address concerns raised by the neighboring residents. Staff is currently reviewing the revised plan for compliance with other zoning and subdivision requirements. We anticipate having our review completed and a staff recommendation prior to the May 16 meeting. STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: REZ02-0002 Amendments to Date: April 18, 2002 Silvercrest OPDH plan GENERAL INFORMATION: Applicant: Dial Companies 11506 Nicholas St. #200 Omaha, NE 68154 Contact person: Merlin Lawrence 402-493-2800 Requested action: Amended preliminary OPDH-12 plan Purpose: To allow development of four 4~unit townhouse style buildings and four 24-unit apartment buildings and one 2-unit building for elderly residents. Location: Southeast corner of Scott Boulevard and American Legion Road Size: 12.18 acres Existing land use and zoning: Vacant, OPDH-12 Surrounding land use and zoning: North: Residential for Elderly and Medical Office, OPDH-12 East: Religious Institution, County RS South: Manufactured Housing Park, County RMH West: Residential, RS-5 Comprehensive Plan: Intersections such as this are appropriate locations for mixed uses and medium density residential development. The Plan encourages the creation of group living facilities for seniors. File date: April 11,2002 (revised plan) 45-day limitation period: May 26, 2002 SPECIAL INFORMATION: Public utilities: City water service is available for this property. The applicant has built a sanitary sewer line in the right-of-way of Scott Boulevard in order to provide service to this property. Public services: Police and fire will be provided by the City. Transportation: The nearest bus route is the Towncrest route, which passes through the interseCtion of Village Green Boulevard and Muscatine Avenue, approximately 1/4 mile west of this property. Sensitive Areas Ordinance: The sensitive areas inventory map indicates hydric soils in the southeast portion of the property where the storm water detention facility has been built. There are no wetlands associated with the hydric soils. BACKGROUND INFORMATION: In 1998 the City approved an annexation, rezoning and preliminary plat for Silvercrest. The approved plan included a 68-unit assisted living facility, a 120-unit independent living apartment building for elderly residence, a 9,000 square foot medical office building and a 60-bed medical rehabilitation facility. The OPDH plan was amended in 1999 to reconfigure the design of the independent living apartment building and the rehabilitation facility. The revised plan included only 72 independent-living units with the potential for up to 46 additional units. The OPDH plan was amended a second time in 2000 to replace the rehabilitation center with a 40-unit assisted living building for persons with Alzheimer's. The applicant is now seeking to amend the plan to replace the independent living apartment building with four-24 unit independent living apartment buildings, four 4-unit town house style buildings and one 2-unit building. All building will be for elder residents. ANALYSIS: The proposed amendments will result in 4 smaller buildings replacing one larger building on lot 2. The size and scale of the proposed buildings would appear to be better suited to residential neighborhood. Each of the 4 building is proposed to have 24 underground parking spaces. There will be 48 surface parking spaces located in 4 lots located off a private drive which forms a circular pattern near the perimeter of lot 2. The smaller parking lots should improve the residential character of the development when compared to the previously approved plan, which included more surface parking spaces. To accommodate the entrance to the underground parking space the one side of each building will exceed the 35-foot height limit by approximately 10 feet. The zoning ordinance contains a provision which allows building-height to be increased provided that the building is set back an additional 2 feet for every 1 foot of height above 35 feet. The three buildings located on the northern portion of lot 2 are able use this provision to meet the height requirements. The building located on the south side of lot 2 adjacent to Outlot A does not meet this requirement. The OPDH regulations do allow approval of variances in height and other dimensional requirements, provided that the City determines that the variances are in the public interest, will not adversely affect nearby properties and are in harmony with the other building regulations. A height variance was approved for the previous OPDH for Silverorest. In staff's view the requested height variance meets the intent of the OPDH regulations to allow flexibility and better building design. In this case the increase height will allow underground parking, which will improve the overall design of the project as discussed above. The taller portion of the buildi;ng will be located adjacent to a non-buildable outlot and therefore will have minimal effect on neighboring properties. The revised buildings on lot 2 will be 3 stories in height, except the walls, which contain the: garage entrances, will be 4 stories. The design of the buildings includes a brick facade on the first floor and hardboard lap siding on the upper levels, similar to the existing buildings that I~ave been constructed on the property. In staffs opinion the revised plan is an improvement over' the previously approved plans in that it will be more residential in scale and character. The applicant is proposing to subdivide Outlot A to create one additional development lot south of the Alzheimer's care facility. It would have frontage on Scott Boulevard but vehicular access will be limited to a private drive that will lead to Silvercrest Place an existing private drive that provides access to Scott Boulevard. The remainder of Outlot A will be used for a storm water management basin. The proposed lot would contain 5 clusters of townhouse style units. The townhouses would be 1 and 2 stories in height. They are proposed to have a combination of brick and hardboard siding on the facades and hardboard siding on the rear and side elevations. Staff has asked the applicant to consider design changes that would de-emphasize the amount of pavement in front of these units and the dominance to the garages. In some areas the pavement width would be 40 to 50 feet not including the driveways. Staff is concerned that the configuration of units on the proposed Lot 1 would result in an excessive amount of pavement in a residential setting. Because four of the townhouse style units backup to Scott Boulevard staff has requested that landscaping be planted to provide a buffer. The applicant has submitted a landscape plan, which includes a mix of evergreen and deciduous trees. Staff feels that this complies with the comprehensive plan policy to provide landscape buffers where dwelling back onto arterial streets. The existing storm water detention basin was not designed for development of the proposed Lot 1. The applicant initially submitted a plan that included a 4-unit building on the west side of the detention basin. Due to staff's concerns about the encroachment of the proposed building in~o the detention basin and the inability of the current basin to accommodate additional storm water from the proposed Lot 1, the applicant has submitted a revised plan. The revised plan shows a 2-unit building in the area of concern. Staff recommends that the 2-unit building be removed unless the applicant can demonstrate that its location will not adversely affect storm water management. Engineering staff is reviewing the revised plan. The traffic circulation pattern appears to work well with the private drives constructed on the property and no additional curb cuts onto Scott Boulevard or American Legion Road are required. Staff feels that the revisions proposed for Lot 2, are an improvement when compared to the previously approved plan. We are concerned that the configuration of the units on the proposed Lot 1 would result in an excessive amount of paving for a residential setting and may adversely affect storm water management. STAFF RECOMMENDATION: Staff recommends that the amendment of the Silvercrest OPDH plan and the Preliminary Plat of Silvercrest Residential Community - Part 2 to allow the building of one 2-unit building, four 4-unit townhouse style buildings and four 24-unit independent living buildings for elderly residents be deferred pending staff review of revised plans and resolution of concerns regarding storm water management. DEFICIENCIES AND DISCREPANCIES: 1. The private street named "Silvercrest Crest" should be renamed to comply with the City's street naming policy. 2. Staff is in the process of reviewing revised plan which may contain other errors. ATTACHMENTS: 1. Location map 2. Amended preliminary OPDH plan/preliminary. 3. Building elevations ~'/'~~ 4. Landscape buffer plan Approved by: Kadn/~. ranklin, Director Department of Planning and Community Development ppdadrrVsffrep/00-0020rm.doc M12 ID-RS RS 5 MUE;CATIN[ SITE LOCATION: Se corner of Scott Blvd. & American Legion Rd. REZ02-00002 SENSITIVE AREAS SITE PLAN AMERICAN , LEGION P~OAP ~ PRELIMINARY O.P.D.H. SITE PLAN ~ b ~ r -r ....... ~mr~-'~',;~-- SILVERCR~TEESIDEN3ALCOMMVNIW-PAET2 ~ ~ ~s~o~ ~ ............. 02-312 glg;gO ...,i~: PRELIMINARY O.P.D.H. SITE PLAN & PRELIMINARY PLAT ------ .......... ~ _ _- - ]-----~ ............... ~r~,~ ,~e~ ~ ......... SIL VERCREST RESIDENTIAL COMMUNITY - PART TWO ~ ...... ~ ~ IOWA CITY, IOWA ...... l-~2317 LEVEL ONE Shelley McCaffert~ From: Terry Trueblood Sent: Thursday, June 20, 2002 4:32 PM To: Shelley McCafferty Subject: RE: windsor ridge 16 Shelley, As we discussed earlier, this is one instance when I have to say I'm not in favor of the acquisition of land. I would, however, be more than willing to take it to the Parks & Recreation Commission for their review and recommendation if it can wait until their July 10th meeting. If this wasan area where parkland deficiency is critical, or if the trail was an imprtant linkage, I would definitely be supportive of the acquisition. From what I can tell, however, neither seems to be the case. The other concern I have is the fact that we have recently gone through some budget reductions, and we are already short-handed in the area of parks maintenance. I see no relief in sight, so I am quite reluctant to accept half-acres of open space here and there, for which we might not be able to provide acceptable maintenance. Please be aware that I will be out of the office June 22 through July 6. If anything should come up with regard to this issue (or other N.O.S. issues), please contact Marilyn Kriz, Terry Robinson or Mike Moran. Thanks. Terry ---Original Message--- From: Shelley McCafferty Sent: Thursday, June 20, 2002 4:03 PM To; Terry Trueblood Subject: windsor ridge 16 Terry, Can you send me an email regarding your position on outlet C, the .57 acre park along the trail and between the two north-sout streets. Thanks Shelley McCafferty Associate Planner City of Iowa City 319.356.5243 shelley-mccafferty@iowa-city,org City of Iowa City MEMORANDUM TO: Planning and Zoning Commission FROM: Shelley McCafferty, Associate Planne? ~ ~/~t~ DATE: June 14, 2002 RE: REZ02-00006, Windsor Ridge Part 16 The applicant has submitted a revised plan for Windsor Ridge Part 16. A private neighborhood pocket park is illustrated along Broadmoor Lane instead of a duplex unit. New elevations for buildings A and B have also been submitted and staff recommends approval of these designs. However, staff is still working with the applicant on the design for the townhouses located along Redhill Lane. Additional illustrations of the multifamily buildings and the pocket park are expected by the June 20 meeting Bob Miklo From: Terry Trueblood Sent: Friday, June 14, 2002 8:17 AM To: Bob Miklo Cc: Marilyn Kriz Subject: Windsor Ridge, Part 16 Bob, The Parks & Recreation Commission, at their meeting of June12, voted to accept the land in this subdivision as noted on the plat, with the understanding that this will form the southern half of what will eventually be the "square" as indicated in the Northeast District Plan. It is our understanding that this dedication will be short of the requirement by approximately 1/2 acre, so the developer will be supplementing the land with fees. I did receive a voice mail message earlier in the day on June 12 fi`om Gary Watts, who indicated his preference to pay fees-in-lieu as opposed to dedicating more open space. Terry STAFF REPORT To: Planning and Zoning Commission Prepared by: Shelley McCafferty Item: REZ02-00006/SU B02-00008 Windsor Ridge, Part Sixteen Date: June 8, 2002 Preliminary OPDH plan & rezoning GENERAL INFORMATION: Applicant: Arlington, L.C. Cio Gary Watts 2346 Mormon Trek Boulevard Iowa City, IA 52246 Phone: 351-8811 Contact Person: Duane Musser MMS Consultants 1917 S. Gilbert Iowa City, IA 52240 Phone: 351-8282 Requested Action: Preliminary plat approval & rezoning Purpose: To create a ten-lot residential subdivision with two outlots Location: South of Lower West Branch Road and north of Camden Road Size: 31.1 acres Existing Land Use and Zoning: Agricultural Surrounding Land Use and Zoning: North: County; agricultural South: PDH-12; residential East: RS-5; residential West: OSA-8; agricultural Comprehensive Plan: 2-8 dwelling units per acre File Date: May 9, 2002 45-day Limitation Period June 23, 2002 BACKGROUND INFORMATION: The applicant, Arlington, L.C., is requesting a rezoning from Medium-Density Single-Family Residential (RS-8) to Oveday Planned Development Housing Medium Density (OPDH-8) of Windsor Ridge Part Sixteen, a 31.1-acre, ten-lot residential subdivision with two outlots, for property located on the south side of Lower West Branch Road and north of Camden Road. The plan illustrates 33 townhouse-style units, three 12-plex buildings, and 110 duplex-style units. The multifamily residential units are primarily located around a "town square" that interrupts Lower West Branch Road. A new public street and pdvate street extend south from Lower West Branch Road to Camden Road, which will be extended west from Windsor Ridge Part 15. A second north-south private street connects Camden Road with York Place, which will be extended west from Stone Bridge Estates Part Two. The plan illustrates the duplex units arranged along the three north-south streets. An 8' trail is extended west from Stone Bddge Estates Part Two midway between York Place and Camden Road to Brentwood Ddve. ANALYSIS: The subject property was rezoned form Low-Density Single Family Residential (RS-5) to Medium- Density Single Family Residential (RS-8) in 1995 subject to a conditional zoning agreement requiring a future OPDH rezoning and approval of a development plan for the property. Therefore, the decision to allow medium density development on this parcel has basically been made. However, the CZA stated the OPDH plan should demonstrate compliance with the neighborhood design principles of the Comprehensive Plan. The RS-8 zoning allows single-family lots with a minimum lot size of 5,000 square feet and a minimum 45-foot lot width. The OPDH section of the zoning ordinance states that among other things it is the intent of the zone to: 1. Provide flexibility in architectural design, placement and clustering of buildings, use of open space, traffic circulation and parking and related site and design considerations; 2. Promote efficient land use with smaller utility and street networks; 3. Promote an attractive and safe living environment compatible with surrounding residential developments; and 4. Encourage infill development. In exchange for greater flexibility in the application of zoning standards, the OPDH section gives the City greater control of design issues to help assure that the resulting development is compatible with the goals of the Comprehensive Plan and the character of the surrounding neighborhood. The main purpose of this application is to review the design of the development to ensure conformance with the neighborhood design concepts, as discussed below. The Plan's conformance with the requirements of the Zoning Chapter and other City Codes must also be evaluated. Comprehensive Plan: The Neighborhood Design Concepts discussed in the Comprehensive Plan encourage the development of neighborhoods with neighborhood commercial opportunities, diverse housing types, more efficient and compact design, interconnected street systems that provide for all modes of transportation, attractive and pedestrian-oriented streetscapes, and the inclusion of adequate parks, trails, and open space. The proposed preliminary OPDH plan has been reviewed with respect to these items, as per the conditional zoning agreement for all of these amenities. It should be noted, however, that not every parcel con be developed to provide for all of these amenities. Rather, each proposed development should be evaluated to determine whether it would contribute toward the creation of an overall neighborhood that has these qualities, taking into account what already exists within the area. Neiqhborhood Commercial: The proposed plan does not contain a neighborhood commercial 3 center, but one is planned within a short distance to the northwest along at Rochester Avenue and Scott Boulevard. Development of medium density housing on this parcel will help contribute toward the viability of this future commercial area by providing a population to support it. Housinq Diversity/Compatibility: The Comprehensive Plan calls for the development of neighborhoods with diverse housing opportunities, but stresses the importance of quality design for multi-family development when integrated into lower density neighborhoods. The proposed development directly to the east (Stone Bridge Estates Part 2) and west (Lindemann Subdivision) will be predominantly single-family residential. The adjacent parcels directly south of Lower West Branch Road will likely be single-family residential, Iow-density multifamily or a combination of the two. To the south of the proposed plan is Windsor Ridge Part Fifteen, a medium density multifamily development. Staff feels that the transitions between the proposed plan and uses to the east, west and south are appropriate. Within the proposed plan, the multifamily is concentrated around the town square. Townhouse-style units are used to transition from apartments to duplexes. One exception is the adjacency of duplexes to the apartment parking lot. Adequate evergreen buffering must be provided to mitigate this condition. Additional evergreen buffering should be provided between the parking lot and the streets. Overall, staff feels that the proposed plan provides for good transitions and compatibility between different housing types. In combination with existing and planned residential development on adjacent properties, staff feels that the proposed development would contribute toward creating a neighborhood with the diversity and neighborhood compatibility as per the Comprehensive Plan. More Efficient and Compact Design: The proposed plan will result in a density of about 7.5 dwelling units per acre, which is more than a conventional RS-8 single-family subdivision of 5-6 units per acre. Interconnected Streets: The street layout of the plan is based on a modified grid design with three north-south streets proposed. Due to topographic features on the site, Anna Street was not extended to the east. In lieu of this east-west street, an 8-foot wide trail with a generous right-of- way has been proposed. This is an extension of the Stone Bridge Estates trail and will provide sufficient connectivity for bicyclists and pedestrians. Streetscape/Pedestrian-Orientation: Staff has been working closely with the applicant on the design of the proposed buildings and the streetscape to create a more pedestrian-oriented neighborhood while still meeting the goals of the applicant. The applicant has proposed that the streets be lines with trees and a landscape strip between the sidewalk and the street. Staff feels this will contribute to the pedestrian-friendly nature of the street. However, staff feels that the trail intersections with the streets should be demarcated with additional landscaping to reduce the perceived length of the blocks and cladfy to pedestrians this is a public trail. All of the duplex units have front-loading garages. In order to reduce the presence of the garages on the streetscape, the applicant has added front porches to a number of the "D" units and designed duplex unit "G" specifically for this development. The garage of unit "G" is located approximately four feet behind the face of the entry, front porches have been added and the garage de-emphasized. The front elevations for all the duplex units are attached to this report. Staff feels that additional landscaping needs to be provided at the rear of the duplex on the northeast comer of Brentwood Drive and Camden Road to provide privacy screening from Broadmoor Lane. Otherwise, this unit would be the equivalent of a double-fronting lot, which is discouraged by the subdivision regulations and the Comprehensive Plan. Staff feels some of the units in Lot 9 do not relate to the street apprepriateiy and therefore require additional design development. The townhouses located along Red Hill Lane face the rear property line rather than the street. Staff is concerned that locating these addresses will be difficult for both emergency personnel and public. The applicant has agreed to widen these units which would allow for a pedestrian door into the garage from the street. However, elevations have not yet been submitted and staff feels that a different unit design may be more appropriate to the site. The street side of the unit should look like the front of the building. The applicant is continuing to work with staff to resolve this issue. Throughout the course of developing this plan, the town square has evolved into a neighborhood park with defined edges of multifamily buildings. The Northeast District Plan states: "Higher density buildings may be considered if appropriately designed for this highly visible focal point of the Lindemann Hills Neighborhood." The applicant is still working with staff to further develop the elevations for the buildings facing the town square to ensure they meet this goal. New elevations for these buildings should be received by the June 6 meeting of the Planning and Zoning Commission. In addition, ornamental trees are provided around the outer edges of the square and the City will provide landscaping for the park. In general, staff feels that the buildings will likely contribute toward the creation of an attractive, pedestrian-oriented streetscape at the town square and along Brentwood Drive, Broadmoor Lane, and Churchill Lane. Preliminary OPDH Plan: City Code Items: The proposed preliminary OPDH plan illustrates a total of 186 dwelling units on 31.1 acres. After streets are subtracted from the total acreage, the density of this development is 7.47 units per acre. This falls within the density limitations of the underlying RS-8 zoning. Storm water management is provided in two basins between Broadmoor Lane and Churchill Lane. These basins are used as private neighborhood ponds and the rear yards of the duplexes along these streets face the ponds. The City Engineer reviewed the first submission of this plan and the applicant was asked to correct a number of deficiencies and discrepancies. Review of the corrected plat by the City Engineer is still required. Variations: According to the information provided by the applicant, a number of variations will be required. A dimensional variation in the required distance between principle buildings is necessary. Code requires when more than one principle building is permitted on a lot, they are to be separated by a distance equal to the height of the highest building. The distance illustrated between the 12-plex apartment buildings is 15 feet. Staff worked with the applicant to reconfigure the standard 12-plex unit in order to create a more urban edge on the south side of the park. The tighter spacing of the buildings helps to establish a well-defined edge. Further contributing to this goal, is the reduction of the distance the stairwell protrudes from the front of the building, which was also achieved through the redesign. All the units in this OPDH are attached units. Duplex and townhouse units are allowed in the RS- 8 zone as a provisional use. However, these units are not located on individual lots and therefore do not meet the definition of a duplex or townhouse. Apartment buildings are not allowed in the RS-8 zone. A variation is required to permit multiple duplex- and townhouse-style units on the same lot as well as three 12-plex apartment buildings. The applicant has also requested a variation in the width of Chumhill and Broadmoor Lanes to be 25-feet wide rather than the standard 28-feet wide. Open Space: Outlot A will be dedicated to the City to create a "town square" park. This concept is illustrated in the Northeast District Plan. When the area north of Lower West Branch Road is developed, a similar park will be required to complete the square concept. Lower West Branch Road will be interrupted by the square, which will act to calm traffic along the collector. This subdivision requires an open space dedication of 1.34 acres or fees in lieu of dedication. Outlot A, which the applicant will be dedicating to the City for the town square, is .76 acres. Fees for .58 acres of open space will be required. 5 The four-foot wide trail in Stone Bridge Estates will be continued westward through this parcel at an eight foot width with a 20-foot easement. It will connect to Anna Street at Brentwood Avenue. As stated above, because this trail is in lieu of a street, its intersections with the streets should be demarcated with landscaping. Lower West Branch Road: The applicant will be responsible for a portion of the improvements to Lower West Brach Road. Their contribution to the improvement is calculated to be $3,122 per acre and will be paid to the City as pads of this subdivision are final platted. A water tap-on fee of $395 per acre is also required. Summary: In general staff feels that the proposed plan conforms with many of the neighborhood design principles contained in the Comprehensive Plan. The street pattern and neighborhood square are very similar to the design envision in the Northeast District Plan. The plan includes a good mix of housing types and styles. As discussed above staff has a few concerns about building placement on Red Hill Lane. We are also anticipating revised elevations for the building adjacent to the neighborhood square. Staff will continue to work with the applicant to resolve these issues prior to the Commissions vote. STAFF RECOMMENDATION: Staff recommends that REZ02-00006/SUB02-00008, a rezoning from Medium Density Single- Family Residential (RS-8) to Planned Development Housing Overlay (ODPH-8) and a preliminary plat of Windsor Ridge, Part 16, a 31.1-acre, 10 lot subdivision located north of Camden Road and South of Lower West Branch Road be deferred. Upon resolution of the deficiencies noted below and resolution of issues discussed in the staff report, staff would recommend approval. DEFFICIENCIES AND DISCREPENCIES: 1. Evergreen buffer of parking lot from streets 2. Evergreen screening for the rear yard of the duplex at the northeast corner of Camden Road and Brentwood Drive 3. Review by the City Engineer ATTACHMENTS: 1. Location map 2. Site Plan 3. Grading Plan 4. Building Elevations Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development 8 IDRS OSA-8 RS 5 CHADWICK LANE OSA-I RM 1; PDH 8 :M 12 CN 1 ID-RS PDH 8 SCOTT North of Camden Rd. to Lower West Branch Rd.REZO2-OOOO6/SUB02-O0008 E F G E F G Prepared by: Shelley McCafferty, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL, RS-8, TO OVERLAY PLANNED DEVELOPMENT HOUSING MEDIUM OPDH-8 FOR A 31.1-ACRE PROPERTY, AND APPROVING A PRELIMINARY OPDH ALLOW A 182- UNIT RESIDENTIA~ DEVELOPMENT LOCATED SOUTH OF LOWER WEST ROAD AND NORTH OF CAMDEN ROAD. WHEREAS, the applicant,~rlington L.C., is owner and legal title holder of 31.1 acres of property located south of Lower West Bra'R~h Road and north of Camden Road; and WHEREAS, the applicant ha~ requested the rezoning of said Medium Density Single-Family Residential (RS-8) to Overlay ~d Development Housing Medium (OPDH-8) and approval of a Preliminary OPDH Plan to it residential development; and WHEREAS, the Planning and Zonir ' ' has determined th~ proposed rezoning is in conformance with the Comprehensive Plan, and Preliminary Plan is in technical compliance with all applicable provisions of the City Code; and WHEREAS, the Planning and Zonin, ~ion approved a v to allow multiple duplex-and townhouse- style buildings on a single lot, which ; and WHEREAS, the waiver to allow three 12-unit provides for a diversity of housing types within the new neighborhood and complies with the conce ~ment of this property illustrated in the Northeast District Plan; and WHEREAS, the waiver to reduce the distance buildings on a single lot from a distance equal to the height of the highest building to 15 feet ; and WHEREAS, the reduction of the standard width of streets from 28 feet to 25 feet provides for more efficient land use and compact street network; and WHEREAS, the Parks and Recreation Commissk pted the dedication of Outlot '%" for public park land. NOW, THEREFORE, BE IT ORDAINED BY THE ~)F THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The below reclassified from its current designation of Medium Density Single Family Residential, RS-8, ~ Planned Medium Density, OPDH- 8, and the associated Preliminary OPDH PI; Lot "A" of Windsor Ridge-Part Fifteen, in wit,,h !,he Plat Re~rded in Book 41 at Page 212 of the Records of the Johnson County Recorder Outlot A of Stone Bri~l(]e Estates, Part One; in accordance wi!h the PEat Recorded in Book 43 at Pa¢ of the Records of the Johns~ County Recorder s Office; Outlot "B' of Stone Bridge Estates, Part Two,/i~ accordance with the Plat Recorde~in Book 44 at Page 56 of the Records of the Johnson County Recor~er' Office. Said Tract of Land contains ~4 acres, more or less, and is subject to easements and restrictions ~r~e ord. ~ SECTION II. VARIATION~S. Section 14-6J-2-D-7 of the City Code provides that com'l~,nations of land uses are permitted and variations in building set ,~k and lot area requirements may be approved for"p,~anned developments, and Section14-6J-2-B of the City Cod )rovides for flexibility in architectural design, placem'e~t and clustering of buildings, use of open space, traffic ci~ ~tion and parking, and related site and design considerates. The following waivers are approved as part of the dnary OPDH Plan: 'X a. Waiver of the Jirements of the underlying RS-8 zoning to allow multiple duplex-and townhouse-style buildir s on a single lot. b. Waiver of the RS-8 zoning to allow three 12-unit apadment buildings. C. Reduction of distance between two principle buildings from a distance equal to the height or the highest buildin( d. Reduction of dard width of private streets from 28 feet 25 feet. SECTION III. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to nform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH Plan for this property, and record the same in the Office of Ordinance No. Page 2 the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law./ SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the pr~isions of this Ordinance are hereby repealed. // SECTION VL SEVERABILITY. If any section, provision or part of the Ordinance,~'flall 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~nvatid or unconstitutional. SECTION VII. EFFEC'I~IVE DATE. This Ordinance shall be in effect ~t'er its final passage, approval and publication, as provided by la~,,,x Passed and approved this '~,x dayof ,20 . ATTEST: ~ ,,/ CITY CLERK ~ .// Approved by City 'A{to~n~y's Of~ce //' ppdadm/ord/341 dversideOSA-RNC2O.doc Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ02-00008) ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING ZONING DESIGNATION FROM LOW-DENSITY SINGLE-FAMILY, RS*5, TO PLANNED DEVELOPMENT HOUSING OVERLAY, OPDH-5, TO ALLOW 23 SINGLE FAMILY LOTS AND '13 TOWNHOUSE UNITS IN VILLAGE GREEN, PART XXII, A 9.31-ACRE, 24-LOT RESIDENTIAL SUBDIVISION LOCATED WEST OF SCOTT BOULEVARD AND NORTH OF WELLINGTON DRIVE. WHEREAS, the subject property is in an area shown on the Comprehensive Plan as residential, at a density of two to eight dwelling units per acre; and WHEREAS, the property owner has applied to rezone the parcel to OPDH-5 to permit development of the tract for a planned housing development of 23 single-family lots and 13 townhouse-style lots clustered in two- and three-unit combinations; and WHEREAS, the proposed design of the OPDH plan has the appearance of a sufficient amount of open space; features such as varied roof lines and staggered facades, which will lessen the appearance of bulk; and setbacks and perimeter landscaping, which will make the design compatible with surrounding residential development; and WHEREAS, the density of the proposed development is consistent with the density proposal in the Comprehensive Plan in this area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zone change and has recommended approval including the variation in zoning requirements illustrated in the preliminary PDH plan and listed in Section fi below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property legally described below is hereby reclassified from its present classification of RS-5 to OPDH-5, and the preliminary PDH plan for Village Green, Part XXII is hereby approved: Outlot "A" of Village Green - Part XVI, to Iowa City, in accordance with the plat thereof recorded in Plat Book 37 at Page 41 of the Records of the Johnson County Recorder's Office. Said Outlot "A" contains 9.31 acres, more or less, and is subject to easements and restrictions of record. SECTION II. VARIATIONS. To allow the clustering of dwelling units in order to create a landscaped buffer adjacent to Scott Boulevard, as provided by Sections 14-6J-2-D and 14-GJ-2-B of the City Code, the following variations are approved as a part of the Preliminary OPDH Plan: a reduction of lot width from 60 feet to 57.5 feet for lots 2-7, lots 10-12, and lot 21; and 13 townhouse style units and 20-foot wide private streets with a sidewalk only on one side on lot 24. SECTION Ill. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision, or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication, as provided by law. Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK Approved by d~' f/At~ ¢'n ~y~ Office ppd a d r~n/c~r d/villa 9egr een ×Xll STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: REZ02-OOOOS/SUB02-00010 Date: June 6, 2002 GENERAL INFORMATION: Applicant: NICK Partners 44 Sturgis Drive Iowa City, IA 52246 Contact Person: Dick Hupfeld 887-7225 Requested action: Rezoning from RS-5 to OPDH-5 and preliminary plat. Purpose: Development of 23 single-family lots and 13 condominium dwelling units. Location: West of Scott Boulevard north of Wellington Drive Size: 9.31 acres Existing land use and zoning: Undeveloped, RS-5 Surrounding land use and zoning: North: Single-family, RS-5 East: Manufacture housing, County RMH South: Condominium OPDH-8 West: Single-family, RS-5 Comprehensive Plan: Residential 2-8 dwelling units per acre. File date: May16 45-day limitation period: June 30 BACKGROUND INFORMATION: The Village Green area began to develop in the mid-1960s. Since that time several subdivisions have been approved. Beginning in 1992 most parts of Village Green have included duplex and townhouse style units. This is the last part of Village Green to be developed. It is proposed to include a mix of single-family lots and duplex and townhouse style units. A Planned Development Housing Overlay (OPDH-5) is proposed to allow some of the single-family lots to be 57 feet wide, which is slightly narrower than the 60 foot lot width required, and to allow attached units to be developed in the RS-5 zone. The applicant has also requested approval of a preliminary plat to subdivide the single-family lots and to 2 create one ~ot for the attached units. ANALYSIS: The current RS-5 zoning allows single-family lots with a minimum lot size of 8000 square feet and a minimum 60-foot lot width. The OPDH section of the zoning ordinance states that among other things it is the intent of the OPDH zone to: 1. Provide flexibility in architectural design, placement and clustering of buildings, use of open space, traffic circulation and parking and related site and design considerations; 2. Promote efficient land use with smaller utility and street networks; 3. Promote an attractive and safe living environment compatible with surrounding residential developments; and 4. Encourage infill development. In exchange for greater flexibility in the application of zoning standards the OPDH section gives the City greater control of design issues to help assure that the resulting development is compatible with the goals of the Comprehensive and the character and plans for the surrounding neighborhood. Comprehensive Plan: The Comprehensive Plan proposes residential development in this area at a density of 2-8 dwelling unit per acre. This proposal would result in a gross density of approximately 4 units per acre. In the past the Planning and Zoning Commission has expressed a concern that the Wellington Condominium area of Village Green located to the south of this property included only one housing type - attached condominiums. In this case the proposed mix of single family homes and condominium units may better comply with the Comprehensive Plan policy of encouraging a diversity of housing. In staff's view the mix is compatible with the existing single-family homes on Chamberlain Drive as well as the condominiums to the south. Several of the proposed dwellings will back up to Scott Boulevard. The subdivision regulations discourage double fronting lots and the Comprehensive Plan encourages a landscaped buffer be created where back yards face an arterial street. In this case the applicant has proposed an 80-foot yard between the proposed condominium units and Scott Boulevard. Per the Comprehensive Plan guidelines, this area will be landscaped with a mixture of evergreen and deciduous trees to create buffer. A similar landscape buffer will be provided by the applicant on lots 1-4. However for the single family homes the required setback from Scott Boulevard will be 40 feet rather than 80 feet. Staff believes that the landscaping will help to buffer the back yards of these homes and to assure an attractive view from Scott Boulevard. The proposed single-family lots will have access to an extension of Chamberlain Drive, which intersects with Wellington Drive, a collector street. The proposed condominiums will be on a 20-foot wide private street with a sidewalk on one side. This is in lieu of a 28-foot wide public street with sidewalks on both sides. There will be no parking on the private street. Each unit will have two parking spaces within the garage and two spaces in the drive between the garage and the street. An additional 10 spaces are provided off of Willoughby Drive and Hattersley Lane. Storm water management: No additional storm water management facilities are proposed for this portion of Village Green. The applicant has demonstrated to the satisfaction of the City Engineer, that the Village Green storm water management system located to the south was designed for the development of this property. 3 Public Utilities: A water main extension fee of 8395 per acre is required. No sanitary sewer fees are required for this development. Open Space: Neighborhood open space fees were paid for this property at the time Village Green, Part 15 was subdivided. No additional public open space or fees are required. In addition to the private 80 foot buffer along Scott Boulevard, a private open space, which will be landscaped with a berm and trees, is proposed for lot 24. Variations: As permitted by the OPDH regulations the applicant is seeking variations from the RS-5 zoning requirements. Several of the single-family lots are less then the required 60-foot lot frontage, Narrower lots become a concern when the lot width is reduced below 50 feet. When that occurs a two-car garage equals more than 50 percent of the fa.cade and dominates the street appearance and a large percentage of the front yard is paved for a driveway. In this case none of the lots are less than 55 feet wide. Most are at least 57 feet wide. Therefore staff believes that the requested lot width reduction is reasonable. No other variations are being requested for the single-family lots. For lot 24 the applicant is requesting the right to build attached units on one common lot, rather then single-family homes on individual lots normally required in the RS-5 zone. Areas of landscaped open space are being provided in the buffer along Scott Boulevard and in the common area in the center of the lot. Other variations include private streets, which are 20 feet in width rather than 28 feet required for public streets. Sidewalks are proposed on only one side of the street. Given the limited number of housing units on these streets and the common open space being provided, staff feels that these variations from the RS-5 zoning requirements are reasonable and will result it an appropriate mix of housing styles for this neighborhood. STAFF RECOMMENDATION: Staff recommends that this application be deferred pending resolution of deficiencies. Upon resolution of deficiencies staff recommends approval of REZO2-00008/SUB02-00010 the preliminary plat of Village Green, Part XXII, a 9.31, acre 24-1ot subdivision and a rezoning from RS-5 to OPDH-5 to allow 13 single-family lots and 13 attached housing units subject to conformance with submitted OPDH plan. DEFICIENCIES AND DISCREPANCIES: Staff has received a recently revised plan, which is being reviewed for deficiencies and discrepancies. ATTACHMENTS: 1. Location Map 2. Preliminary plat/OPDH plan ~~~ 3. Elevation drawings Approved by: ~ ~aer ~a rFt ~ ~ kn ~ n~ f I~/;nC tn~nr g and Community Development 20 2 P MERCER Chatham STER L',N G DRIVE OPDH 5 I ~ WINTERGREEN SITE LOCATION: Village Green XXll, Scott Blvd. SUB02-00010/REZ02-00008 6/12 6/12 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 16th of July, 2002, at 7:00 p.m. in Emma J. Harvat Hall of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution of Intent to Approve a Lease Agreement with Nextel WIP Lease Corporation for use of Capitol Street Parking Ramp space for an equipment shelter and space on the exterior of the elevator penthouse for antenna use. Copies 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- mentioned time and place. MARIAN K. KARR, CITY CLERK City of Iowa City MEMORANDUM July 9, 2002 To: Steve Atkins, City Manager From: Joe Fowler, Director Parking & Transit Reference: Nextel Lease The Parking Division has been discussing the possibility of allowing Nextel Partners to place communication equipment in the Capitol Street Ramp. At the present time the proposed lease allows Nextel to place a portable structure inside the Capitol Street entrance. The equipment would be placed between the driving lane and Mid-America's transformers. At the City's request this area would be fenced. A cable would then be run from that location to the top of the elevator/stair tower located on the north side of the building. Receiving and transmitting devices would be located at the top of the structure but would not protrude above the roofline. The accompanying images represent what the final product would look like. The negotiated lease price is $1,700 per month with a 3% per year escalator clause. I have talked to the Veterans Administration Hospital where Nextel has another site and they have informed me that they completed a market analysis in 1999 and agreed to a lease rate of $1,500 per month. MKT: Eastern Iowa SITE #IA-342P COMMUNICATIONS SITE LEASE AGREEMENT (BUILDING1 This Communications Site Lease Agreement (Building) ("Agreement") dated this day of ,2002, is entered into between WIP Le~se Corp., a Delaware Corporation, d/b/a Nextal Partners, ("Lessee"), and the City of Iowa City ("Lessor"). ~. consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto a 1. __ Lessor is the owner of a parcel of land (the "Land") and building (the "Building") located in the Cit~ of Johnson, State of Iowa ~ known as the Capitol Street Parking Ramp (the Building and the Land are collectively, the "Property"). The ] particularly I hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor approximately 400 (400)) space (16' x parking spaces on the elevated parking ramp of the Bnilding for Lessce's e~ the elevator Lessee's antennas, located on the top level of the Building, and all access and utilit~ the "Premises") 2. Us._.~e. Lessee ma' y activity in connection with the provision of communications Lessor agrees to cooperate with Lessee, g application for and obtaining all licenses, permits and any and all approvals that may be required for Lessee's intended use 3. Tests and Construction. Lessee have the fight at any time following ~pon the Property for the purpose of making ~ boundary surveys, inspections, soil test borinlg , tests and constructing the Lessee Facilities (as defined in Paragraph terms of this Agreement are contingent upon the r satisfactorily passing any and all structural analyses or studies that ma ~ use of the Property. Lessee shall be responsible ~ ~e to Lessor's Property resulting from such activities, and shall repair any such damag manner upon demand by Lessor. 4. Term. The term of this Agreement shall be i) years commencing or commencement of construction, whichever first occurs ("Commencement Date") and terminating on the of the Commencement unless otherwise terminated as provided in .Paragraph 10. Lessee may extend the Term for tour ~ on the same terms and conditions as set forth herein, subject to the consent of the Lessor, which shall be no less than sixty (60) days prior to commencement of each succeeding Renewal Term. Provided Lessor has the Renewal Te . shall y following the preceding Term or Renewal Term unless Lessee notifies Lessor prior tc 5. Rent. Within 15 days of the Commencement Date of each month thereafter, Lessee shall pay to Lessor as rent ONE THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS, Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Effective on of the Commencement Date throughout the Term and any Renewal Terms, Rent shall increase by three percent (3%) over the Rent payable during year. Rent shall be payable to Lessor at City of Iowa City, 410 East Washington Street, Iowa City, lA 52240; Attention: Mr. ~ 6. Facilitiesi Utilities: Access. (a) Lessee has the right to erect, maintain and the Premises ra~ communications facilities, including without limitation an air conditioned equipment shelter on the ground level of the lines, transmission lines, electronic equipment, radio transmitting and receiving antennas mad supporting equipment and sh'uctures thereto ~ described and incate~on Exhibit "B" ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary for Lessee's business operations and to install transmission lines connecting the antennas to the transmlt~ers All of Lessee's construction and inst011ation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner, shall hold title to the Lessee Facilitie~ All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee shall at its sole expense on or befoi~ the expiration or earlier termination of the Agreement, and shall restore the Premises to its normal wear and tear excepted, and Lesse&shall repair any damage to the Premises caused by installation or removal. Lessee has the ri '.t~ne during the term of this Agreement. (b) Lessee shall pa3 , it consumes in its operations at the rate charged by the servicing utility company. Lessee shall obtain separate utility service from any Property (including a standby powe/' generator for Lessee's exclusive use). Lessor agrees to sig ' easements as may be required by said utility companies to provide such service to the Premises, including ~ at no cost to the Lessee, ora temporary easement in, over, across or through the Land as required by , services as provided herein. Any such temporary easement necessary for such power or other utilities g utility company, and shall remain in effect throughout the term of this Agreement. (c) Lessee, Le~see's e subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, sov~ (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easem, spffur pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all thnes under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessoe's use of such roadways. Page I MKT: Eastern Iowa SITE #IA-342P 7. Interference. (a) Lessee shall operate the Lessee Facilities. in a manner that will not cause physical, electronic or technological interfemnee to Lessor or Lessor's not cause physical, electronic or technological interference to other lessees or licensees of the Property, predate that of the Lessee Facilities. In the event such interference occurs, Lessee agrees to take all action necessary to t interference in a reasonable time period. In the event Lessee falls to comply with tl),~)s paragraph, Lesser may terminate this Agreement as provided in herein. All operations by Lessee shall be in compliance with all Federal C0fimmnicatioas Commission ("FCC") requirements. (b) Lessor shall not permit its lessees or licensees to install Cw equipment on the Property or property contiguous thereto by Lessor, if such equipment is likely to cause physical or techn/ological interference with Lessee's operations. Such interference shall be deemed a iai bret ch by Lesser. In the event interference oecu~ Lessor,agrees to take all action necessary to eliminate such interference, in a reasonable time In the event Lessor falls to comply with this paragraph, Less~e~ may terminate this Agreement md/or pursue any other remedies available under this A and/or at equity. / 8. Taxes. If personal propert) shall pay any portion of such taxes direcfl Lessor shall pay all real property taxes, assessments and : Property. Lessor agrees to provide t notice, assessment or billing relating to any personal property taxes for which Lessee }t of same by Lessor. Lessee shall have no obligation to make payment of an' assessment or billing relating to such payment in accordance herewith. Lessee shall have the right, appeal, challenge or seek modification of any personal property tax assessment or billing for p Agreement. Lessor shall reasonably cooperate with Lessee in filing, prosecuting and perfecting any taxes as set forth herein, including but not limited to executing consent to appeal or other similar document. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any (b) Lessor acknowledges that Lessee has entered , notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor ( the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) a foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at an, 10. Termination. This Agreement ma3 (i) on thirty (30) days prior writlen notice by either party upon a default of any covenant or term hereof by the other days of receipt of written notice of default, provided that the grace period for any monetary default is ten ~t of notice; or ) by Lessee on thirty (30) days prior written notice if it does not obtain or maintain any license, pennlt or other a for the construction and (iii) by Lessee on thirty (30) days written notice if Lessee is unable to occupy and utilize ,'s due without limitation, a take back of channels or change in fi~equencies; or (iv) by Lessee on thirt written notice if Lessee ~ that the Premises are not appmprlate for its operations for economic or technological reasons, , signal interference. 11. Destruction or Condemnation. If the I are damaged, condemned or transferred in lieu of condemnation, Lessee may date of the damage, destructior in lieu of condemnation by giving notice to Lessor no more than forty-five (, days following the date of such damage, destruction lieu of condemnation. If Lessee chooses not to terminate this Rent shall be reduced or abated in proportio o the actual reduction or abatement of use of the Premises. \ 12. Insuranc~e. Lessee, at Less~°/s sole cost and expense, shall procure and maintain on the Prem~es and on the Lessee Facilities, comprehensive general liability insurance, including bodily injury and property damage insurance with a combined sl0gle limit of at least One Million and 00/100 Dollars ($1,000,000.00) per oc~firrence. Such insurance shall insure, on an occurrence basis, against liabi~ty of Lessee, its employees and agents arising out of or in connection with/l~ssee's use of the Premises, all as provided for herein, and shall name the Less~r as an additional insured. / \ 13' LNTENTIONA7 DELETED 14. Assi~nment a~0 Subleffing. Lessee may not assign, or otherwise transfer ail or any part of its inter$~t in this Agreement or in the Premises without the prior ~itten consent of Lesser; which shall not be unreasonably withheld, conditioned or delay¢~t, provided, however, that Lessee may assign its interestJo its parent company, any subsidiary or affiliate of it or its parent company or to any suceesser\in-intereat or entity acquiring fifty-one percent (51%) ~more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as Ret forth in Paragraph 9 above. Lessor may assign th~ Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessers obligatiohs herein, including but not limited to, those set forth in Paragraph 9 above. Notwithstanding anything to the contraxy contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or Page 2 MKT: Eastern Iowa SITE #1A-342P similar instruments, or (iii) has obligations under or with respect to letrers of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 15. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee I the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee ma the Premises. Lessor agrees to indemnify and and all claims on Lessee's leasehold interest. 16. Repairs. Lessee reason o or neglect of Lessee. good order and appearance. Except as set forth termination hereof, y casualty 17. Hazardous Substances. Lessee that it will not use, generate, store or dispose of any t, under, about or within the Land or Building in violation of any Lessor represents, warrants and a Lessor nor, to Lessor's knowledge, any third party has used, generated, stored I of, or permitted the use any Hazardous Material on, under, about or within the Land or Building ~r regulation, and (2) that Lessor will not, and ~ store or dispose of any Hazardous Material r within the Land or Building in violation Lessor and Lessee each agree to defend, indemnify and hold other's partners, affiliates, a against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' arising from any breach of ~ representation, warranty or agreement contained in this paragraph. As used in this paragraph, I" shall mean petroleum or any ] ~roduct, asbestos, any substance known by the state in which the Land or Building is located to cause reproductive , substance, chemical or waste that is identified as hazardous, toxic or dang6rous in any applicable federal shall survive the termination of this Agreement. 18. Liability and Indemnity. Lessee shall all claims (including attorneys' fees, costs and expenses of agents or employees, licensees, invitees, or contractors of Lessee in or about the Property. e and hold Lessee harmless from ail claims (including at~oraeys' fees, costs and expenses of defending against such claims) arising or or willful misconduct of Lessor or Lessor's agents, employees, licensees, invitees, contractors or other tenants occurring in it the Property. The duties described in this Paragraph survive termination of this Agreement. 19. Miscellaneous. (a) This Agreement constitutes the entire agreement and between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein, and executed by both parties. , the remainder of this Agreement or the application of such provision to persons other than those as ti or unenforceable not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding : benefit of the successors and (d) , given or served by either party to this Agreement, such notice or demand shall be set forth a~,~d to Lessee as follows: If to Lessor: City of Iowa City lfto Lessee: Nextel 'NIP Lease Corp. 410 East Washington St. c/o Nextel Partners, Inc. Iowa City. IA 52240 4500 Carillon Point Attention: Chris O'B Kirkland, WA 98033 Atrenrion: Legal Deparlment/Lease Administrator With a copy to: Nextel pttrtners 6750 Westown Pkwy, Ste. 115 West Des Moines, IA 50266 Atrn: Project Manager All ' certified or registered mail and in such case shall be effective as of the date sucg mailing is deposited or by reputable overnight courier, and in such case shall be effective one (1) day at, er the date of mailing. Any such address may b~xchanged from time to time by either party serving notices as above provided. (e) This Agreement shall be governed by the laws of the State in which the Property is located. (f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the Official Records of the County where the Property is located. Lessor agrees to sign all necessary and appropriate documents to facilitate the filing of the Page 3 MKT: Eastern Iowa SITE #1A-342P Memorandum of Agreeroent. In the event the Property is encumbered by a mortgage or deed of trast, Lessor agrees to obtain and furnish to Lessee a non- disturbance and at~orament instrument for each such mortgage or deed oftrast. (g) Lessee may obtain title ' Premises. Lessor shall cooperate documentation required by the title insurance company. (h) In any case where the a party hereto is required, requested n under this Agreement, such patty shall not unreasonabl3 pproval or consenL (i) All Riders parts of this Agreement. O) This Agreement ma) each of which s (k) In the event of a breach or an parties shall be entitled to any and ail reroedies available at law or in equity, The parties hereto that in the event it for any party to defend or institute legal proceedings as a result of the failure of either party to ' with agreements, Agreement, it is understood and agreed upon that the prevailing party be reirobursed for incurred or expended in eennection therewith, including, but not liroited to, reasonable attorney's fees, includin 20. Marking and Liehtin~ Reauireroents. Administration ("FAA") and the FCC directl) ~ on the Property. IN WITNESS WHEREOF, the parties have e LESSOR LESSEE City of Iowa City b~xtcl WIP Lease Corp. ~~~}f ~el P~ers Date:BY: ~ Date:BY" Deni~.~ Swerland Title: Title: Aesistant V~cretary Tax IDg ~ \ Page 4 IvlKT: Eastern Iowa EXHIBIT A //~ITE #IA-342P / DESCRIPTION OF LAND to the Communications~Site Lease Agreement (Building) dated · 2002, by the City of Iowa City, an Iowa Municipality, as Lessor, and Nextel~IP Lease Corp., d/b/a Nextel Partners, \ The Land is described and/or depicted as'f~llows: Lots 1, 2, 3, and 4 of Block 61, Original To¥in of Iowa City, Iowa, according Page 5 MKT: Eastern Iowa SITE #IA-342P EXHIBIT B / DESCRIPTION OF PREMISES / / to the Communications Site Lease Agreement (Building) dated ,2002, by and betw~6n City of Iowa City, an Iowa Municipality, as Lessor, and Nextel WlP Lease Corp., d/b/a Nextel Parmers, a Delaware corporation, as Lessee// / escribed~ icted as follows: / IA- 4P-D Iowa City OCwntown Not to Scale / ~ shopping 1 Latitude: 41-39-30.7 Longitude: 91-32-08.0 Ground Elevation: 741' Ca .Proposed Nextel Elevator Penthouse Partners Shelter Notes: 1. This Exhibit may be replaced ~ of the Premi 2. Setback of the Premise authorities. 3. Width of access road shall including police and fire deparianents. 4. The type, number and mounting pjtsmons aha locauons c and transmission ~ illush'ative only. Actual types, numbers, mounting positlons may~ what is shown above./ ~ Page 6 MKT: Eastern Iowa SITE #IA-342P EXHIBIT C MEMORANDUM OF AGREEMENT CLERK: Please return this document to: Nextel WIP Lease Corp. 4500 Carillon Point Kirkland, WA 98033 Attention: Property Manager / entered into on this day of , 2002~fi~ and between City of Iowa City, an Iowa Municipality, with an office at 52240, (herelnaf~er referred to a~'"Lessor") and Nextel WIP Lease Corp., d/b/a Nextel Parmers, a Delaware corporation with m , Kirkland, WA 98033 (hereinafter referred to as "Lessee"). / 1. Lessor and Lessee Site Lease Agreement (Buildin~'("Agreement") on the day of , 2002, for the purpose and maintaining a radio commu~ations facility and other improvements. All of the foregoing / 2 2. The term of the Agreement is for five commencing on July 31, ~0~, or commencement of construction, whichever first occurs ("Commencement Date"), e fil~h anniversary of ti~ Commencement Date with four (4) successive five (5) year options to renew, subject to Lessor's consent. 3. The Land which is the subject of the annexed hereto, The portion of the Land being leased to Lessee (the "Premises"1 IN WITNESS WHEREOF, the ~ and year first above written. LESSOR: LESSEE: City of Iowa City Partners By: EXHIBIT ONLY DO NOT EXECUTE NOT EXECUTE Name: Name: Title: ~ Title: Date: / Date: STATE OF ~ ~ COUNTY OF /~ ~ On ,/ , before me, Nota~ Public, personally appeared, , .p6rsonaily known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument an(l acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: Page 7 MKT: Eastern Iowa SITE #IA-342P STATE OF WASHINGTON / COUNTY OF KING On ~ 2002,befo~r me, , Notary Public, personally app¢¢d Denise J. Swerland, personally known to me (or proved to me on the basisN(f satisfactory evidence) to be the person whose name is sub~ribed to the within instrument and acknowledged to me that she executed the same t~x her authorized capacity, and that by her signature on the in~6'ument, the person, or the entity upon behalf of which the person acted, executed the ~str~ent. / WITNESS my hand and official seal. Notary Public My commission expires: P~e8 NOTICE OF PUBLIC HEARINGS ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE VOICE COMMUNICATIONS PHASE-2 OUTSIDE PLANT PACKAGE PROJECT; ANIMAL SHELTER HVAC PROJECT-PHASE II; 2002 CURB RAMP PROJECT; IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF iOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearings on plans, specifications, form of contract and estimated cost for the construction of the Iowa City Voice System Upgrade Project, AnimaJ Shelter HVAC Project - Phase II, 2002 Curb Ramp Project in said city at 7:00 p.m. on the 16th day of July, 2002, said meeting to be held in the Emma J. Harvat Hall in the Civic Center, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK PUBLIC HEARING NOTICE The City Council will be holding a public hearing on amending the FY02 and FY03 Annual Action Plan budgets on July 2, 2002, at 7:00 p.m., Civic Center, Emma Harvat Chambers, 410 East Washington Street, Iowa City, IA. The City of Iowa City has available for public review and dissemination the FY02 and FY03 Annual Action Plan budgets, as amended, for the use of Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) funds. The Annual Action Plan budgets list the federally funded activities to be undertaken by the City and its recipients during the 2003 fiscal year (July 1, 2002 to June 30, 2003). In addition, the FY02 budget contains amendments recommended by the Housing and Community Development Commission. Copies of the FY02 and FY03 Annual Action Plan budgets, as amended, are available to the public at the Department of Planning and Community Development, 410 East Washington Street. Additional information is available from the Department of Planning and Community Development, 410 East Washington Street, Iowa City, Iowa, 52240 or by calling 356- 5230. If you are in need of special accommodations please contact Steve Long, Community Development Division at 356- 5250 or 356-5493 TDD. City of Iowa City MEMORANDUM Date: July 9, 2002 To: City Council and City Mana~or ~/~. ,~t~- From: Karin Franklin, Director, P~D/,I'~./~'v' Steve Long, Associate Planne~ Re: CITY STEPS/Action Plan Budget Amendments Options At the July 2 City Council meeting some questions arose regarding the options available to the Council for the Agenda Item addressing the FY02 and FY03 Annual Action Plan budgets. Aisc, a request was made for a chronology of events leading up to the budget amendment related to the MetroPlains Longfellow Manor proposal. Attached to this memorandum is also a comparison of the Longfellow Manor and Garden Prairie housing projects. The $250,000 in FY02 HOME funds awarded to MetroPlains was reallocated after their request to HCDC to extend the timeline for expenditure was denied (3- 3 HCDC vote). Once the request was denied, the HOME funds reverted to uncommitted status and the HCDC approved Policy forAIIocation of Uncommitted CDBG and HOME Funds was used to address the reallocation of funds. The Policy for AIIocation of Uncommitted CDBG and HOME Funds was approved by HCDC in October 1997 and addresses funds that become available to the program after the initial allocation process, either through windfall income, project cancellation or additional funds provided by HUD. According to the adopted policy, there are four options available to the Housing and Community Development Commission (HCDC). 1. Existing projects that did not receive full funding will be considered. 2. Projects that had submitted applications but did not receive any HOME funding will be considered 3. New proposals will be considered 4. Funds will go to the Contingency Fund Those were the only four options available to HCDC once the funds reverted to uncommitted status. The Commission chose option number one and since only one HOME eligible project, Garden Prairie, was not fully funded in FY03, it received $198,800 of the funds which brought the project up to full funding. The remaining HOME funds, $51,200, went into the Contingency/Unprogrammed category. The Council may reconsider the Commission's initial decision to grant MetroPlains an extension, choose an alternative option for reallocation of the funds or accept HCDC's recommendation. Here is a chronology of events leading up to the budget amendment related to the MetroPlains Longfellow Manor proposal. May 2001 FY02 Action Plan approved by City Council. MetroPlains awarded $250,000 in HOME funds for the Village Green Commons project. June 2001 MetroPlains informed City Staff that they were not able to apply for Low-Income Housing Tax Credits for Village Green Commons because the option on the site was canceled and another developer purchased the land. August 2001 MetroPlains approached HCDC to say that they signed a purchase agreement for Longfellow Manor and that they would like HCDC to approve the project site change. November 2001 MetroPlains applied for Low-income Housing Tax Credits. April 2002 MetroPlains informed HCDC that they did not receive Tax Credits, but that they are going to appeal. They also asked the City to allow them to use HOME funds to purchase the land before the purchase option expires on April 30. April 2002 City Staff informed MetroPlains that the funds could not be used to purchase the land because the environmental review had not been completed. April 2002 MetroPlains extended the purchase agreement to July 1, 2002. May 16, 2002 HCDC was informed that the Tax Credit appeal was denied. May 29, 2002 HCDC denied the request for extension of the project timeline and reallocated the HOME funds to Garden Prairie. Attached please find a chart showing a comparison between the FY02 MetroPlains Longfellow Manor project and the FY03 Burns & Burns Garden Prairie project. If you have questions or comments, please feel free to contact me at 356-5250 or at stephen-long@iowa-city.org. 2 July 9, 2002 PROJECT COMPARISON FY02 METROPLAINS - LONGFELLOW MANOR FY03 BURNS & BURNS - GARDEN PRAIRIE Comparison Item, : Longfellow Manor ,i Garden P mrie Type of Applicant Private For-Profit Private For-Profit Amount of HOME Funds Requested $250,000 $500,000 Special Provisions None $100,000 Will be repaid within 2 - 5 yrs Type of Project Affordable Family Housing - Rental & Tenant to Affordable Family Housing - Rental Project Site Secured Yes No Type of Slructure Duplex Duplex Total Number of Units 24 Units (20 New Construction, 4 Existing) *10 Units (New Construction) Interest Rate on HOME Funds 1% 3% Loan Term for HOME Funds 1% Interest payments with a balloon payment at end 30 Years, Principal & Interest of 18 years Affordability Period Related to HOME Funding 15 Years, Upon end of the 15 years, will option the 20 Years; Agree to 50 years if necessary units to the existing tenants; Agree to 50 years if necessary Total Estimated Cost $3,112,554 $1,860,000 Amount of Private Funds $676,092 $185,000 Total Public Investment $2,436,461 $1,675,000 Number of Publicly-Assisted Bedrooms 74 32 Public Subsidy per Bedroom $32,925 $52,343 Submit an Application for LIHTC in October of 2002 Yes Yes Project Will Pay Property Taxes Yes Yes Accept Section 8 Yes Yes Provide Assistance to Families with Incomes Less Than 60% MFI (HOME Requirement) Yes Yes Additional Provisions: 13% of Units - Less than 40% MFI 40% of Units - Less than 50% MFI *Garden Prairie - The above table is based on the worst case scenario of only being able to purchase five lots and build only 10 units. The total public cost per bedroom and per person would decrease if thcy were able to secure more lots. Th~ir app~ica~n stst~s that depending ~n ~and p~ces they c~u~d p~tentia~y c~nstmc~ up t~ 2~ uints ( ~ ~ dup~e~es)~ If the applicant is able to build additional units, their application states they would be able to do so without an increase in the amount of City HOME funds. PRELIMINARY/ NOT APPROVED MINUTES HOUSING AND COMMUNITY DEVELOPMENT - *SPECIAL MEETING* WEDNESDAY, MAY 29, 2002 - 6:30PM CiViC CENTER LOBBY CONFERENCE ROOM Members Present: Lori Bears, Amy Correia, Rick House, Kathleen Renquist, Christine Boyer, Bill Stewart Members Absent: April Gutting, John Deeth Staff Present: Tracy Hightshoe, Stephen Long, Steve Nasby, Andrew Matthews City Council Members Present: None Others Present: Bob Burns, Alaina Welch, Gary Stenson, Jeanne Kelsey Call to Order Rick House called the meeting to order at 6:30PM Greater Iowa City HousinR Fellowship Discuss FY02 Student Built House Project: Hightshoe began by providing a summary of the Student Built House request. At the last meeting the commission approved the following project budget: the actual price of the lot, recording fees and $5,000 for housing deposit assistance to the eligible homeowner in the form of a forgivable 10-year declining balance loan. The difference from the original award and the actual amount provided will go back into the contingency fund. In fiscal year '03, if GICHF wants to request an amendment to their FY03 project to provide deposit assistance, they can make that request in FY03 if funding is available in the contingency fund. House mentioned that there was a policy regarding these types of funds and that Hightshoe provided a copy of the policy in their packets. He asked if everyone had gotten a chance to review those policies before the meeting. Those present said that they had. MetroPlains Development LLC- Lon.qfellow Manor Discussion of FY02 HOME funds: Long repoded that he received some correspondence and letters of support for the MetroPlains project, which he distributed to the members. The commission accepted these letters and took a moment to review them. Kelsey added that there are additional letters addressed to Nasby and Planning and Community Development. Kelsey told the commission that the project did not receive the State of Iowa HOME Loan money ($600,000), but they do have private lender financing committed to the project by US Bank. Kelsey said that the State of Iowa HOME Loan could not understand the complicated circumstances (purchasing from two different sellers, and having a combination of existing sites and lots) and cited 8823 as a reason for denying the money. This refers to outstanding non- compliance issues, which automatically disqualifies applicants. MetroPlains currently has two non-corrected non-compliances: 1) North Dakota (there appears to be no way to remedy the situation) MetroPlains rehabbed an existing building ten years ago (therefore, the 8823's for this property should be ending). They chose not to evict an elderly woman; the State agreed this was the best choice. Iowa understood that they are still in good standing in North Dakota and; 2) Housing and Community Development Minutes May 29, 2002 Page 2 Wisconsin (was remedied) did not have knowledge of this until Iowa brought it to their attention. The non-compliance issue was a file that needed to be sent in to the state. Kelsey characterized these existing 8823's as minor and plans to reapply for the State HOME Funds. Stewart arrives. Renquist inquired about a special meeting last year that was held by HCDC because MetroPlains lost their site. Kelsey confirmed that Village Green was, in her words, bought out from under them. Kelsey said that Longfellow Manor is the same site they desired to purchase last year, after the unfortunate loss of Village Green. Their option expires July 1, and if they do not get it, there is someone in line behind them that will purchase the site, though not for affordable housing. The proposed MetroPlains project would have ten duplex lots and two four~ plex units (two are owner occupied, MetroPlains would be purchasing from West Liberty Bank, who holds two units). The lots are $34,000 per lot. One four-plex unit is $75,000 and the other is $85,000. The options on the two existing units are either age restricted, 55 and above or handicapped. There are no restrictions on the ten duplex lots. Kelsey stated that the rents will be fair market rent each year, which will amount to a 3-5% a year increase, which will help pay for itself. Hightshoe asked Kelsey and Stenson whether they would have enough time to do an environmental review, which must be pubtished 30 days prior to the funds being released. Kelsey said that they should, and that they will also undergo another review by their own company because this land was used as an industriat warehouse for over 100 years. Whether the funds remain with MetroPlains, or are recaptured and re-allocated to another LIHTC project, the applicant would still have to apply this fall for the tax credit. If MetroPlains did not receive their tax credits next year, they would have several options for development such as selling the land and paying the city back or looking at owner occupied units. MetroPlains affirmed their commitment to this property and the community, saying that their original option expired in the beginning of May and that they expended additional funds to extend their option. Kelsey emphasized the number of affordable family units (22) that MetroPlains would provide. Alaina Welch from Burns & Burns was allowed to make some comments. She said that at a HCDC meeting in August 2001, there was a comment made that an unsuccessful LIHTC applicant would return their funds (as in this situation); Burns & Burns requested the funds. Welch inquired whether this was a policy. It was determined, by reading through past minutes and consulting with Matthews, that this was not a policy, but rather, a recommendation made by Nasby. It is not binding unless written and approved by Council. Welch also asked whether these units would be handicapped accessible and if any of the lots, or if any portion of the lots were in a flood plain and what difficulties might arise because of that. Hightshoe answered that in a few of these remaining lots, a section of back lots are in a floodplain, but the section of the lots (closest to the street) where the units would most likely be built are not in a floodplain. Burns noted that the disparity in costs between the two projects was due to land prices. He assured the commission that Burns & Burns would buy cheaper land, if it were feasible, thus reducing their costs per unit. He observed that the lot prices that Garden Prairie was looking at, is the market price for duplex lots in Iowa City, and he does not know why MetroPlains was able to find cheaper lots, though he hinted that it had something to do with the floodplain issue. If funds were re-captured from MetroPlains, Long told the commission that they could choose to give some of the money to Garden Prairie or they could open up the application process up again. Housing and Community Development Minutes May 29, 2002 Page 3 MOTION: Christine Boyer moved that the commission accept the proposal to allocate these funds for the MetroPlains project to purchase land. Lori Bears seconded the motion. Discussion followed. Correia expressed reservations, because she was concerned about what would happen if MetroPlains did not get tax credits or the state HOME loan funds in the next round. It was pointed out that the commission would then be back in this same position, but with more time loss, with no affordable rental units to show for it. Stewart observed that he would not have voted for MetroPlains last fall, if he had known that they really did not have the land secured, as they had said. It was noted that Boyer's motion should have contained language to allow for a time extension. Boyer amicably withdrew her motion to no objections. Matthew suggested a friendly amendment. Kelsey noted that they had asked that the funds be released with the purchase of the land (before all of their funding is in place). Stewart observed that this meant that they wouldn't just be releasing funds already allocated, but would be changing the conditions under which they released the funds, a substantial change. Hightshoe, Nasby, and Matthews offered conditions (close by Aug 1) that could be added to a motion, if the commission granted MetroPlains request. AMENDMENT OF PREVIOUS MOTION: Christine Boyer moved to use the $250,000 already allocated to MetroPlains for the purpose of acquiring land, contingent upon a closing by Aug 1, 2002. Kathleen Renquist seconded the amendment. Discussion followed. Stewart noted that this was a major change from the original agreement. MOTION RESTATED: Christine Boyer moved to use the previously allocated HOME Funds of $250,000 be granted to MetroPlains for the purpose of land acquisition, contingent upon their closing on the properties by Aug 1, 2002. Kathleen Renquist seconded the motion. Correia, Boyer and Bears voted in favor. House, Stewart and Renquist opposed. Motion defeated 3-3. MOTION: Bill Stewart moved that the commission re-capture the $250,000 HOME Funds and open up the process to accept bids for new projects of a like nature. Amy Correia seconded the motion. Discussion followed. It was noted that this was a combination of commission options 1 & 3. Renquist offered her apologies to MetroPlains. Kelsey asked if MetroPlains would constitute an eligible project. Hightshoe said yes, but did not believe the timing would work. House asked what the time-line to consider new proposals would be, if this motion passed. Hightshoe said that if they did not chose to wait until fiscal year '04, that it would open up at the end of the summer. Stewart noted that it was his intention to open this up as soon as possible. Long said that they would need to commit by June 30 '03. Kelsey interjected that by releasing the funds to MetroPlains, if they were successful, the city would get affordable housing, and if they were not, the funds could be re-captured later, with no deadline to use them. Nasby clarified that it would start another clock and that if done immediately, there would have to be at least 30-40 days given for new applications to be put together. Burns reminded the committee that Garden Prairie is the next item, and would be happy to take the funding. MOTION RESTATED: Bill Stewart moved that the commission re-capture the $250,000 HOME Funds and open up the process to accept bids for new projects of a like nature (within a reasonable time frame). Amy Correia seconded the motion. Bears, Stewart, and House voted in favor. Boyer, Renquist, and Correia opposed. Motion defeated 3-3. Housing and Community Development Minutes May 29, 2002 Page 4 MOTION: Kathieen Renquist moved that the commission re-capture the $250,000 HOME Funds and use it to fund existing projects that did not receive full funding the last funding cycle. No second given. Hightshoe suggested voting first on re-capturing the funds and then move on to the next item on the agenda, the Burns & Burns proposal. MOTION: Kathleen Renquist moved that the commission re-capture the $250,000 HOME Funds. Christine Boyer seconded the motion. Motion passed 5-1, with Correia dissenting. Burns & Burns L. C. Request for HOME funds- Lexington Place (FYO1) and Garden Prairie (FY03): MOTION: Kathleen Renquist moved that the $250,000 in HOME Funds that were just re- captured, be allocated to Garden Prairie FY03 affordable housing. No second given. Long handed out correspondence to the commission related to this agenda item. MOTION: Kathleen Renquist moved that the $250,000 in HOME Funds that were just re- captured, be allocated to Garden Prairie affordable housing project, which did not receive full funding for FY03. Amy Correia seconded the motion. Point of clarification and brief discussion followed. Nasby noted that this would be giving the project more money than they asked for (Garden Prairie had asked for $500,000), something that has not been done before. AMENDMENT OF PREVIOUS MOTION: Kathleen Renquist moved that the commission fully fund Garden Prairie affordable housing project to $500,000, which did not receive full funding for FY03. Amy Correia seconded the motion. All in favor; motion passed 6-0. MOTION: Kathleen Renquist moved that the commission fully fund Garden Prairie affordable housing project to $500,000, which did not receive full funding for FY03. Amy Correia seconded the motion. Motion passed 5-1, with House dissenting. Nasby noted that the commission has now fully funded all of the projects that they could. MOTION: Amy Correia moved that the commission put the remaining balance into the contingency fund. Bill Stewart seconded the motion. All in favor; motion passed 6-0. Adjournment MOTION: Kathleen Renquist moved that the meeting be adjourned. Amy Correia seconded the motion. All in favor; motion passed 6-0. Meeting adjourned at 8:12PM. **Next meeting will be held on Thursday, June 13 at 6:30PM in Harvat Hall** PRELIMINARY/ NOT APPROVED MINUTES HOUSING AND COMMUNITY DEVELOPMENT WEDNESDAY, JUNE 13, 2002- 6:30PM CITY MANAGER'S OFFICE CONFERENCE ROOM Members Present: Lori Bears, Amy Correia, John Deeth, Kathleen Renquist, Bill Stewart Members Absent: Rick House, April Gutting, Christine Boyer Staff Present: Tracy Hightshoe, Stephen Long City Council Members Present: None Others Present: Bob Burns, Crissy Canganelli Call to Order Amy Correia called the meeting to order at 6:35PM Approval of the May '16, 2002 Minutes MOTION: Deeth moved that the minutes of May 16, 2002 be approved as submitted. Renquist seconded the motion. All in favor, motion passed 5-0. Public/Member Discussion of Items not on the Agenda Bears commented that she had read two interesting articles about affordable housing in the Des Moines Register by national columnist David Binder. These articles had very nice pictures. Correia commented that she had read that two shelters for women had to be closed because of budget cuts. Discussion of FY03 Feasibility Study- Emergency Housing Project The commission watched a portion of the May 7, 2002 City Council Meeting pertaining to this issue. Correia suggested that council members are provided with better training on issues such as CDBG and HOME funds. Bob Burns noted that he had talked to the council members the day of May 7 and that it appeared that between the time they talked and the time of the meeting, that they had changed their minds regarding their request for the establishment of an enterprise zone for their elderly housing project. Bears pointed out that Wilburn was absent throughout the voting since he is affiliated with the Crisis Center. Canganelli noted that there is what she called an "interesting, very blatant double standard that has been acutely visible over the last six weeks." She cited the Council not funding the feasibility study application, the complete recapitulation with the Enterprise Loan for affordable housing for the elderly, and the proposed tax abatements, reduced sale price for a for-profit developer. Canganelli expressed the belief that the Emergency Housing Project, which was turned down, was clearly visionary and would have really helped Iowa City. Stewart praised Vanderhoef's research and comments. He may not agree with her conclusions, but it appears that she has reseamhed and reviewed the material. There was some discussion about Elder Services and the value of the homes that benefit from the Small Repair program. It was suggested that equity be taken into account when approving monies for elderly persons, which Long said is already done. Correia stated that while the Small Repair Program is a worthwhile cause, it takes attention away from affordable housing for the working poor who may not be able to buy a home. It was noted that most Elder Services projects are related to eider safety and do not improve affordable housing stock for most citizens. Those people transitioning from homelessness or near homelessness are not in a position to purchase a home benefiting from the Small Repair Program, but will most likely need affordable rental units. Renquist also pointed out that a number of the Eider Services homes that benefited from the program were outside Johnson County and therefore not helping Iowa City residents, to which Long responded that other funding is used for those other counties. Housing and Community Development Minutes June 13, 2002 Page 2 Renquist brought up an instance early on in her time on the commission when an applicant, greatly upsetting her, lobbied the members very hard. Since then, she said, she didn't think that this kind of individual lobbying had gone on in this commission, but she suspected that the City Council was heavily lobbied by Elder Services. Correia asked if there was a desire to voice disappointment on this subject. There was some agreement, but Stewart voiced the opposition, saying that it would just be sour grapes. Stewart asked that any complaint submitted not bear the name of the commission; however, individuals may voice displeasure on their own. There was a brief discussion on how hard it is to prioritize such issues as the homeless, elder services, domestic violence, etc. It was noted that each project is important in its own right and deserves to be funded, so what is the fair way to distribute the money; that is still unknown. Long pointed out that the City Council, if they wanted to, can take all of the CDBG money or dictate the purpose of the funds such as all the HOME money goes to rehab., etc. Stewart asked that the members put themselves in the council members' places; everyone is trying to do their job to allocate the funds to projects that will do the best job for the community. Correia commented that there seemed to be two areas where there was misinformation: 1. From 1 to 3%, was the interest rate discussed?- always discussed 2. Educate about rehab, for elderly homes. It does not necessarily mean that homes serviced are affordable, because elder homes are often more expensive. Correia suggested introducing a commission presentation to the Council work session before the council votes for the final allocation. The Council would then be able to get a better understanding of the commission's thought process. Long said that he would recommend this idea to the Council, stressing the resource role the commission could play. Recommendation of FY02 & FY03 Annual Action Plan BudRet Amendments Hightshoe began by noting some final number changes since the members received their packets. Under the Student Built House, Greater Iowa City Housing Fellowship, the final number including the recording fees is $24,881. For the Contingency Program, the number moved to $255,119. The amended budget includes the full recapture of the FY02 Metro Plains project and the recommendation for full funding for the FY03 Garden Prairie project to $500,000. The recapture of FY02 HOME funds will necessitate a $56,600 FY03 HOME contingency balance. It was noted that Habitat for Humanity ended up purchasing four lots instead of three due to a lower land purchase amount. As a side note, Long said that the shell of the Habitat home on Whispering Meadows went up in a weekend! MOTION: Stewart moved that the amendments to the Annual Action Plan Budget be accepted as presented. Bears seconded the motion. Motion passed 4-1 with Renquist dissenting. Discussion of Proposed Unsuccessful or Delayed Proiects Policy Long pointed out that the commission does not have to act on this tonight, but after the last meeting, it seemed prudent to formally approach the subject. The commission agreed to review and put in on the Fall '02 agenda. MonitorinR Reports Domestic Violence Intervention Program- Furniture Project (House): House was absent and will give his report at the next meeting. E/der Service /nc. - Sma//Repair Program (Stewart): Stewart began by passing out a memorandum to each member (Connie and Terry did the front, Dave Powers did the back). They had $40,000 in FY02 and they spent $27,410. They got 80% of what they had requested, so they may be on track to serve the 56 people, which is their goal (48 Iow income have already been served). They look like they will use all of their money. Housing and Community Development Minutes June 13, 2002 Page 3 City of Iowa City- Housing Rehabilitation (Stewart): Stewart noted that Powers indicated that $131,275.58 was spent for City Rehab and that the rest is committed. Powers also indicated in the report that there is a grant in for a new lead hazard program, but it was pointed out that that application for the grant wouldn't be submitted until next year. Correia asked if their program income was known for this year, to which Long responded that he did not know to date, but they are usually very consistent. Emergency Housing Project- Deposit Assistance Program (Bears): Bears reported that she left a message with Emergency Housing, but has not heard back. Hightshoe filled in, saying that they have expended all of their funds. This year they have program income of approximately $180. This may not seem like a lot, however the typical deposit assistance provided is between $100 to $200. Thus, a few landlords are returning a portion of the deposit back to the program. EHP provided a summary of the beneficiaries and the total amount provided. The summary does not include their actual income to show working status, etc. Correia pointed out that it might be good to record income to show Council that these individuals are contributing to the community, but are still unable to make a deposit. Approximately 60% of the individuals served are working. Hightshoe noted that this information would be in their client profile kept at the agency. EHP was able to serve more individuals be reducing the amount of deposit assistance to each household. Between forty to fifty individuals have been served to date. Canganelli reported that $3,000 in private funds was donated to the program. Correia suggested sending monitoring reports to Council for advocacy/education. Selection of Proiects to Monitor in FY03 There are twenty projects open for the nine members to choose from. Renquist- UAY-Facility Acq., Ruby's Pearl (02) Deeth- Crisis Center Warehouse, the two EHP projects Correia- Garden Prairie, Affordable Housing-Greater Iowa City, Peninsula (02) Bears- the two HACAP caps The remaining projects will be assigned after the new members come on board. Old Business Community Development Celebration Update: Thursday, July 18 from 4:30-6PM. The award presentation will be at 5PM with the reception following. Hightshoe and Long added that the subcommittee is working on determining the awards that will be given out at this year's presentation. Long noted that it was suggested that the commission members give the checks out. There was a suggestion that some sort of gesture be made in reference to Stewart's retiring after six years on the commission. Correia suggested an award to the Student Built Housing teacher who is retiring. Renquist suggested an award to the Longfellow Neighborhood Association. Long mentioned a 3~ Avenue project that was privately rehabbed by volunteers. The subcommittee will meet again at Pathways after the 28th, Housing Enterprise Zones: There have been some efforts outside of the commission to have the Council reconsider enterprise zones, but most on the commission don't think they're going anywhere. Correia asked if the members wanted to compile all of their data and send a memo to Atkins or Lehman identifying why this would be a good avenue to explore for funding affordable housing projects. Renquist noted that the Council specifically asked Alaina to speak with them at a work session and then did not listen to her. Hightshoe pointed out it is evident that the current Council will most likely not reconsider enterprise zones without new information or new census figures. Amy volunteered to write a summary of their research to have available in case the Council decides to reconsider their position, especially after Census data is available. Burns noted that the members might want to consider that the residential component of the Moen development would be eligible for Enterprise Zone credits. Moen could potentially receive a 5% tax rebate on the construction costs of the housing and a 10% state credit on the construction costs of the housing component (the Enterprise Zone and his application would have to be approved, though, before he starts construction on the housing portion, which is about a year and a half away). There is no limitation on the housing in regards to income limits. The state does cap the benefit amount per unit Housing and Community Development Minutes June 13, 2002 Page 4 however. This could potentially benefit the City by lower project costs and the amount of assistance requested by the developer or an increased purchase price. Burns has not seen a breakdown of the $22+ million dollar costs, but they will be available tomorrow. The housing is a significant component. You get the credit on the first $140,000 of each unit. For instance, if the housing costs $200,000 per unit, you would only get the credit on the first $140,000 per unit. The census track that the downtown area is in would be eligible. The City Council would have to pass a resolution adopting the Enterprise Zone and send it off to the Department of Economic Development to create a Commission consisting of various local and state representatives. It is spelled out in the law that the commission members can only consider an application in a zone that the city designates. Thus, the City Council would maintain control of which districts are designated as enterprise zones. Economic Development Committee- HCDC Representative: Hightshoe reported that on Thursday, June 20, at 9:30AM, the City Council Economic Development Committee will discuss HCDC representation for CDBG matters as item #6 in the Lobby Conference Room. Renquist distributed a packet she had put together on CDBG discussions HCDC has had. Correia will be present at the meeting, but does not wish to be the actual representative. New Business Announcement of HCDC Vacancies: There is currently one vacancy, but on Sept. 1, there will be three (Boyer, Stewart, Holt), only two if Boyer reapplies. The current vacancy is now being advertised. Correia asked when the City would receive payment from the 64-1a parcel. The funds will most likely be available in 2005 for CDBG eligible purposes. Construction will not begin until the library expansion is near completion. Correia asked when the process to amend City Steps would begin and was told that it began in the early fall. She then asked if the commission could hold public input hearings if they were so disposed; this will be put on the next agenda. Adjournment MOTION: Stewart moved that the meeting be adjourned. Deeth seconded the motion. All in favor, motion passed 5-0. Meeting adjourned at 8:14PM. shared on citynt/pcd/r~ nutes/hcdc/hcdcO6-13-O2,doc Marian Karr ~ \O From: Wilkma201 @aol.com Sent: Sunday, July 07, 2002 5:37 PM To: cou ncil@lowa-city.org Subject: Metro Plains/Longfellow Manor Issue Dear Council Members; I appreciated being able to speak with you at the July 2 council meeting. I would like to add a few thoughts for your consideration. 1 .) Presently there are 15 home owners in the Manor - 6 sets of back-to-back condo units, I single family home & 2 occupied condos in the fourplex. Of these 15 units, 10 are owned by senior citizens and I is already used as a rental - leaviing only 4 non-senior homeowners. Metro Plains plans to build and rent 20 zero-lot 2 story, 3 bedroom homes and also rent the 2 unit condo they purchased from Kennedy Construction and rent the 2 remaining condos in the fourplex. Thus, 24 units will be owned by Metro Plains in a very small area with only 15 units being individually owned. None of the senior homeowners purchased their homes expecting to be surrounded by 24 rental units. Not only will this change the environment of our small area, but I fear that the resale value of my ranch condo will be very negatively affected if it is surrounded by rental units. However, [ doubt that Metro Plains is concerned about my resale situation. 2.) All of the Longfellow Manor homes have VERY small yards and the 2 unit condos are built back-to-back. The new homes will be zerolots, leaving even less green, open or yard space. 3 bedroom homes will undoubtedly attract families with children. Where will they play? Hopefully not in the small city cul-de-sac or the outside private drive (alley.) Is this something Metro Plains has considered? 3.) As stated, the new units will be zerolots, with garages facing the private drive (alley.) My home and a few others face the outside private drive (I enjoy facing the natural Prairie walking path.) I was originally told that all new homes would follow the same pattern but with Metro Plains' plan, the front of my home will be lined up next to garage doors - not something I feel very positive about!l! Once again, this is something that will negatively affect the resale of my home and once again I doubt that Metro plains is concerned about my resale future. 4.) There is a concern that Metro Plains plans to use only I model for their 20 new units which is probably most economical for them. However, can you imagine this small area with 20 new units that are ALL THE SAME? One of the charms of this subdivision and the Longfellow neighborhood is its DIVERSITY. I am not happy about living in an area that resembles the "company towns" of old, where all houses were built alike (otherwise I would have moved to the newer areas of Coralville!) Do you think Metro Plains is concerned about maintaining diversity in this area and understands why it is important to do so? 5.) Longfellow Manor homeowners are proud of our homes - we plant flowers, trim our own yards, pull weeds, put up holiday decorations. This is seldom done in rental units and understandably, people who rent seldom want to use their money to enhance property they do not own or where they do not plan to stay long term. If problems arise in maintainance, etc. how diligent wil the management company be in dealing with these problems, how concerned will Metro Plains be when they are in Minnesota or working on a new project elsewhere. What recourse will we have if there are parking, noise, appearance problems? Thank you for reading my concerns. I had to sell a beautiful home in Illinois built in 1917 because of neighborhood changes. I enjoy Iowa City and do not want to move again. As my father always told me, "your property is only as good as the neighborhood." Respectfully, Marianne WIIkening, 812 Longfellow Court, (339-5958) 7/8/02 "~ I L3 Page I ofl Marian Karr From: MargaretT. Halverson [mteraberryhalverson@msn.com] Sent: Sunday, July 14, 2002 10:40 AM To: cou ncil@iowa-city.org Subject: Longfellow Manor I work evenings and was unable to attend the meeting of the Iowa City Council on July 2; I am likewise unable to attend the working session scheduled on July 15 and the Council meeting on July 16. I hope you will consider the following remarks in your deliberations pertaining to the Longfellow Manor Subdivision. It is my understanding that the remaining lots and Mr. Kennedy's two units have been sold to a developer from Minnesota. I am encouraged that the lots have been sold, but I am distressed at what I am hearing about their plans for the development of the property. My first, and major, concern is my understanding that it is the developer's intention to make the new units rental units with option to buy the units in a 15-year time period. That would make the majority of units in the association rental units, which would drastically change the complexion of the neighborhood. I do not object to a small portion of the units being rental-with-option-to-buy; however, I strongly object to them all being so classified. I also think a 15-year period is much too long; I believe a more realistic period would be five years. My second objection is to how I understand the developer plans to build the units. I understand that the developer plans to have the fronts of all the units facing Longfellow Place, rather than one unit facing Longfellow Place (the city street) and the other facing Longfellow Court (the private drive around the outside perimeter). That would create two problems. It would result in ALL of the additional traffic for our neighborhood being on the outside private drive, rather than half as was the original intention of the development plans. It would also change the aesthetics of our neighborhood by having all garage doors on the private drive, and would make those units already facing the private drive look out of place. When I purchased my home, it was my understanding that the remaining lots would be developed in compliance with the Protective Covenants and Restrictions of Longfellow Manor Subdivision ("the covenants"). The covenants state, among other things, that "no residential living unit having less than 850 sq. ft. of area in the case of a one-story structure, nor less than 1200 square feet in the case of a two-story structure, shall be permitted..."; further the covenants state that "before construction of any building on any lot in Longfellow Manor Subdivision shall be commenced, the plans for said building shall be submitted by the owner of said lot to James W. Stetzel for approval as being in harmony with existing structures in said addition .... Disapproval shall be for substantial cause, it being the intent of this restriction to permit improvements that will enhance the aesthetics of the subdivision and maintain or improve the property values." This restriction for approval was assigned by Stetzel to the Longfellow Manor Subdivision Owners Association, by Assignment Dated June 6, 2001. Therefore, I would expect that the plans for development require approval of the Board of Directors of the Association. I hope you will take this information under consideration when you are reviewing the status of the developers' plans. Thank you for your consideration. Sincerely, Margaret Teraberry Halverson Owner, 835 Longfellow Place Treasurer and Board Member, Longfellow Manor Subdivision Owners Association mteraberryhalverson~msn.com 7/15/02 Marian Karr From: Doris Isenbarger [disenbarger@iopener.net] Sent: Thursday, July 11, 2002 10:34 AM To: Cou ncil@iowa-city.org Subject: Metro Plains on Longfellow To all city council members: As a new resident to Iowa and Iowa City, I want to express my opinion about the plans for multi bldgs, on the remaining lots on Longfellow Place. I live in the four plex on the cul-de-sac and feel the density on that short street will not be a good plan for anybody. Please take my comments for your consideration. Thank you Doris Isenbarger 919 Longfellow Place, Iowa City, Iowa 52240 Ph: 688 2606 E-Mail disenbarger@iopener.net PRAIRIE GARDEN LIMITED PARTNERSHIP 319 EAST WASHINGTON STREET, SUITE 111 P.O. BOX 1226 10WA CITY, IOWA 52244 319-338-7600 FAX 319-337-2430 July 12, 2002 Ernie Lehman, Mayor 902 Wylde Green Road Iowa City, IA 52246 Dear Mr. Lehman, We feel the following information should be considered prior to the City Council vote on Tuesday, July 16, 2002 regarding a resolution approving the amendments to the FY02 and FY03 Annual Action Plan Budgets. We intend to present this information during the public hearing portion of this agenda item on Tuesday. However, we wanted to provide you with written information for your review and consideration prior to the meeting in an effort to help keep the facts straight. 1. Metroplains' proposed site is in a floodplain. At least some portion of the Longfellow lots purchased by Metroplains and proposed to be used for Iow income housing development is within the 100 year floodplain. Additionally, the entire access drive to several of the lots is located in the floodplain. In the event of a flood, several of the units may not be accessible even if the lot is built up to raise the unit above the floodplain level. 2. Metroplains' proposed site will not meet IDED and IFA environmental requirements, Iowa Department of Economic Development HOME regulations state that, "IDED will NOT allow Housing Fund recipients to have a activity site located in the floodplain." (page 69 and 80 of the 2002 Housing Fund Management Guide.) Metorplains also neglected to identify in their FY02 Low Income Housing Tax Credit Application to the Iowa Finance Authority (IFA) that the project site is located in a floodplain, despite being specifically required to identify this as a site characteristic. Please see the attachment from the 2002 Housing Fund Management Guide. 3. Metroplains told the City 24 units would be assisted with City HOME funds. Metroplains subsequently told the State that only 17 units will be assisted with HOME funds. City Council July 12, 2002 Page 2 of 3 In the most recent revised application by Metroplains to the City, Metroplains indicates they will provide 24 affordable housing units. However, following the submission of this revised application to the City, Metroplains submitted the same project to the Iowa Finance Authority to compete for Low income Housing Tax Credits (LIHTC). In their LIHTC application they commit to only 20 affordable housing units and only 17 of those units are to be assisted with City HOME funds. 4. Metroplains reduces number of HOME assisted units from 30 to 17. Metroplain's original award was for $250,000 for 30 affordable HOME assisted units. In August 2001 when Metroplains was permitted to submit a revised FY02 HOME application they changed their project site and reduced the number of affordable units without reducing the;r HOME award. 5. Metroplains proposes interest only payments on City HOME loan. With interest only payments on a soft second mortgage, it is much easier for a project to incorporate a larger private bank loan, thereby giving the appearance of lass public subsidy per unit. 6. Metroplains did not meet threshold requirements for tax credit application. Metroplains was disqualified from the latest Low Income Housing Tax Credit round due to compliance issues with tax credit projects in other states and because of HOME issues as indicated by the Iowa Department of Economic Development and the Iowa Finance Authority. Please see the attachment provided by IFA. 7. Metroplains causes City of Iowa City to miss out on two years worth of tax credits for affordable family housing. Along with their January 2001 application for City HOME funds, Metroplains indicated to HCDC that they had control of the proposed project site. In June of 2001 Metroplains fails to apply for tax credits because they did not have control of the project site as previously indicated. Metroplains then requested that they be able to keep their award and apply in January of 2002 for tax credits. Metroplains did not meet threshold criteria and was disqualified from the funding round. In the June 24, 2002 letter to the City Council Metroplains indicated, "We were not awarded 2002 Housing Tax Credits because of some difficulty with understanding of the site." This statement is inaccurate. Minutes from the Iowa Finance Authority Board meeting clearly indicate that Metroplains ;vas not awarded funds because of 8823 non-compliance and HOME issues. Burns & Burns, L.C., the developer for the Garden Prairie project is a local developer with a long successful history of leveraging state and federal funding to the Iowa City community, funding that would have gone elsewhere in the state if it was not secured for Iowa City. City Council July 12, 2002 Page 3 of 3 Metroplains is from St. Paul, Minnesota and has had three consecutive failed attempts to secure state and federal funding for a proiect in Iowa City. It was suggested by City staff eaHy in 2001, during funding discussions for FY02 City HOME funds, that any proiect that required tax credits to be feasible must be successful in the next tax credit round or their City HOME funds would be recaptured. Metrop[ains was permitted to keep their City HOME award despite not being successful in securing 2001 tax credits. They were again unsuccessful in securing 2002 tax credits. How many more attempts should they be provided? How many more times should ~owa City forgo leveraging additional state and federal funding to assist [ow income members of our community? If you have any questions regarding the Garden Prairie pro}ect, please do not hesitate to contact us. Sincerely yours, PRAIRIE GARDEN LIMITED PARTNERSHIP Alaina J. Welsh Burns & Burns, L.C., General Partner Cc: Connie Champion, Steven Kanner, Mike O'Donnell, Ross Wilburn, Dee Vanderhoef, Irvin Pfab, Steven Atkins, Steve Long ~ HOME PROGRAM ENVIRONMENTAL REVIEW CATEGORICALLY EXCLUDED PROJECTS AREAS OF COMPLIANCE WITH RELATED LAWS AND AUTHORITIES (for use by local nonprofit and for-profit (non-public) recipients) Recipient Name: Contract Number: Complete this form only if you have determined that your activity is categorically excluded and subject to compliance with Federal Related Laws and Authorities outlined in 24 CFR 58.5. The findings presented in this checklist include: · Consultation, Review, or Permits'Required: Contact with the appropriate agencies is required and their review of the activity may be appropriate. Document contact by attaching notes and correspondence. · Conditions orMifigation Actions Required: If appropriate, these should be listed and correspondence from review agencies and a designation of responsibility for implementation should Pe attached. ~ ~ ~ ~: ~ ~ :Source Documents & Correspondence '= o (attach as necessary) Areas of Statutory/ ~ I c~. ~'~ ~= c Regulatory Compliance: :z : '~ ~ ~ ~ c~ C Historic Preservation .Act Correspondence with the State Historic Preservation Officer and Tribal 16 U.S.C. 470 (f) Authorities. Follow the guidelines in Attachment E~ round in this appendix 36 CFR Par-[ 800 · ii I= ~I~ Floodplain Management ,~: Use the FEMA Flood Hazard Boundary Maps/Flood Insurance Rate Maps to O. 11988L make the determination. Note: IDED will NOT allow Housing Fund recipients ~4 CFR Part 55 1o have a ~3ro oct site located in'the floodplain. Wetlands Pi~.ecilon USe the U.S. r-tsh and Wildlife National Wetlands Inventory Maps Tour~u E.©. 11990 http://www~nwi.fws,qov/make~hede{ermination. If a designated wetland 24 CFR Part 55 appears at the project site contact the U.S. Fish and Wildlife Service, Rock Island Field Office at (309) 793-5800. Coastal Zone Management Act Not Applicable: no coastal management areas in Iowa Coastal Barrier Resource Act Water Quality Not Applicable: no sole source aquifers:in iowa Sate Drinking Water Act Endangered Species Uselhe Endangered :Species List at http\\midwest.fws..qov/Rocklsland 16 U.S.C. 1531, eec 7 to make the determination, if a hsted specie occurs in the project county 50 CFR Par[ 402 contact Gerry Sade of the U.S. Fish and Wildlife Service at (309) 793-5800. Wild and Scenic Rivers Act Not Applicable: no designated wild and scenic rivers in Iowa 16 U.S.C. 1271-1257 Air Quality There are presently no non-attainment areas in Iowa (regarding ambient air Clean Air Act quality). Contact Michael Haywardatthe Iowa Department of Natural 42 U.S.C. 7400, Sec 176 & 117 Resources at (515) 281-3499 if an air quality permit will be necessary. Farmlands Protection & Complete the Farmland Conversion impact Rating Form found in Appendix 2 Policy Act and ~ake it to your county USDA Natural ~Resources Conservation Service 7 U.S.C. 4201 office to discover if thepreject location will impact important farmland soils in 7 CFR Part 658 the ~tate. Noise Control Act Complete Attachmen't A 42 U.S.C. 4903 24 CFR Par[ 51, Subpar[ B Man-Made Hazards Minimize impact of hazards from chemical & radioactive agents, explosive HUD Notice 79-33 matadals. Project sites must be located outside of Runway Clear Zones (civil CFR Par[ 51, Subpart C & D airports) or Accident Potential Zones lMilitary airfields). Environmental Justice identify and address adverse human health or environmentaJ effects to minority E.O. 12898, Form 2006-38 or Iow-income populations at hffp://www.epa.gov/oeca/oei/t6report.pdf. HOUSING FUND MANAGEMENT GUIDE - APPENDIX TWO - PAGE 69 FLOODPLAINS: Assessment Questions; 1. Will the activity be located in the 100-year floodplain? Use FEMA Flood Hazard Boundary Maps/ Flood insurance Rate Maps to make the determination available for order on the web at www.fema.qov/mit/tsd/or contact the City or County Engineer [ ~ NOTE: IDED will NOT allow Housing Fund recipients to have a activity site located in the floodplain. Impact Rating Source Source Date of Cate~or)' Documents Contacts Contact Floodplains FEMA Rood Hazard City or County Engineer E.O. 11988 Boundary Maps/Flood (24 CFR Part 55) insurance Rate Map & Attachment C. *Include the FEMA Flood Hazard Boundary Maps/Flood insurance Rate Maps for the activity site in the environmental file. CONFORMANCE'WITH ~COMPREHENSIVE PLANS/ZONiNG Assessment Questions: 1. is the activity consistent with local, regional or state comprehensive plans, polices, ordinances, and goals? 2. Does the proposed activity compiy with existing zoning regulations? 3. What are existing tand uses adjacent to the proposed activity? Does the community (neighbors) think the proposed activity will :be incompatible with existing uses? 4. Will the proposed activity contribute to urban sprawl? Impact Rating Source Source Date of Category/ , Documents Contacts Contact Conformance With Land Use Plans & City, County, Council of Comprehensive Maps Government, Economic Plans and Zoning Development Groups Compatibility and Land Use :Plans & City, County, COG, Urban Impact ~Maps Economic Development Groups SLOPE, EROSION & SOIL SUITABLITY Assessment Questions: 1. Does the county, local or site-specific;s0il survey mention thatslopes are unstable forany of thesoils on the site? 2. Does the activity involve development of an erosion sensitive area? 3. Does the proposed activity create slopes by cut and fill? 4. Does site cleo[anco require vegetation :removal? If yes, how many acres will be cteared? Impact Rating Source Source Date of Cate~lory Documents Contacts Contact Slope, Erosion, Soil County Soil Survey Natural-Resource Suitability Conservation Service *Include soil map of site and soil description in the environmental file. HOUSING FUND ;MANAGEMENT GUIDE - APPENDIX TWO -PAGE 80 Iowa Finance Authority 3/27/2002 2:~8 PM' Calendar Year 2002 Rank Master Page 2 of 2 Marian Karr From: Moore, Dawn [dawn-m-moore@uiowa.edu] Sent: Tuesday, July 16, 2002 7:31 AM To: 'cou ncil@iowa-city.org' Dear Council Members, I am writing to express my concerns relating to a recent proposal brought about by Metroplain Developers for funding to build rental housing in Longfellow Manor. I have a few issues listed below: One concern is our subdivision having a "balance" of home-owners and renters versus the majority of occupants being renters. There is a possibility that the care of the housing in the neighborhood may not be taken seriously. Those who rent may not feel any obligation to assist in the upkeep of their residential area. Along the same lines, the owners/ developers are located out of town. Local management of these properties will be an important factor to consider. Another conoern is the number of new units being developed. The subdivision is a relatively small area and trying to conceptualize the addition of the number of units proposed to be developed in the space allocated/ purchased is not very appealing. I would not like the area to appear too concentrated. My final issue is that the Subdivision's Association should have a say in the planning and development of these units. For example, how the units are designed. I would like to see them have a diverse appearance versus all looking alike. This would be in line with how the area currently looks. Please keep these issues in mind when considering the approval for funding. I just moved here a year ago from out of state and a couple of the concerns that I have raised were issues that I examined when moving here. I have hopes that I will not regret the decision that I made to move in this area. My investment is very important to me and I will hope that the intentions of the developers incorporate what's best for everyone involved. I thank you all for your consideration of my concerns. Dawn M. Moore, MS, PharmD 810 Longfellow Place Iowa City, Iowa 52240