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HomeMy WebLinkAbout2002-09-24 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 twenty-fourth day of September, 2002, in Emma J. 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. A resolution amending the Comprehensive Plan to adopt the Southwest District Plan for the area generally located south of Melrose Avenue, west of the Iowa River, north of Highway 1 West and east of the Iowa City Landfill. 2. An ordinance changing the zoning designation from 1) High Density Multi- Family Residential, RM-44, to Medium Density Multi-Family Residential, RM-20 with a Conditional Zoning Agreement, for an 8.69-acre property located north of Highway 1 and west of Miller Avenue; 2) Community Commercial, CC-2, to Medium Density Multi- Family Residential, RM-20 with a Conditional Zoning Agreement, for a 1.45-acre property located north of Highway 1 and west of Miller Avenue; and 3) Medium Density Single-Family Residential, RS-8, to Community Commercial, CC-2, for a 1.45- acre property located north of Highway 1 and west of Miller Avenue. 3. An ordinance vacating portions of the Harrison Street and Prentiss Street rights- of-way and an adjoining alleyway, west of Madison Street. 4. An ordinance vacating Grand Avenue Coud from Melrose Avenue to a line 295 feet to the north of Melrose Avenue. 5. An ordinance vacating portions of Front Street and Prentiss Street generally located south of Burlington Street and west of Madison Street. Copies of the proposed ordinances and resolutions 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 4b Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 355-5251 RESOLUTION NO. RESOLUTION AMENDING THE COMPREHENSIVE PLAN, TO INCLUDE THE SOUTHWEST DISTRICT PLAN AS RECOMMENDED BY THE IOWA CITY PLANNING AND ZONING COMMISSION ON AUGUST '15, 2002. WHEREAS, the Iowa City Comprehensive Plan, consisting of specific District components, serves as a land-use planning guide by outlining the location of particular land uses throughout the City, and also provides notification to the public regarding intended uses of land; and WHEREAS, the Southwest District Plan, developed with significant public input, establishes a set of planning principles and subarea plan maps that relate specifically to the history and existing conditions of the Southwest District, the boundaries of which are defined in the Iowa City Comprehensive Plan; and WHEREAS, the Southwest District Plan sets forth the planning principles and subarea plan maps that will serve as a framework to guide future development decisions in a manner that will benefit citizens living or working in the Southwest District as well as citizens in Iowa City as a whole; and WHEREAS, the Planning and Zoning Commission has reviewed the Southwest District Plan and has recommended that it be included as an integral part of the Iowa City Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Comprehensive Plan is hereby amended to include the Southwest District Plan as dated August 15, 2002. Passed and approved this day of ,2002. Mayor ATTEST: City Clerk Approved~by: ~sOffic~ [~.~.v)Att~ ¢ ~/~-43 Z. City of Iowa City MEMORANDUM Date: September 17, 2002 To: City Council ~~A,~ From: Karin Franklin, Director, PC Re: Southwest District Plan You were presented with a copy of the Southwest District Plan at your work session on September 9th. I hope you all have had a chance to read this document in preparation for your discussion September 23rd , prior to the public hearing at the formal meeting on the 24th. You may also access the Plan on your Laserfiche CD, page 39 of the 9/5 information packet included in the September 10 meeting folder. Citizens requiring a copy can access the Plan on the City's website, www. icgov.org/swdistrict.htm, or select City Council; documents; 2002 meeting folders; September 10; Information Packet of September 5. A hard copy may be obtained from the Planning Department. Cc Bob Miklo City of Iowa City MEMORANDUM _ August 15, 2002 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: Southwest District Plan Based on public input and discussion with the Commission over the last several weeks, staff recommends that the Public Review Draft of the Southwest District Plan be amended as follows: In the Roosevelt Subarea: 1) Add Appendix C as submitted to you August 1,2002 regarding the planning study completed for the moratorium area. 2) On page 26 substitute and add the following language: "A planning study conducted by the City indicates that Iow-density multi-family zoning (RM-12) is the maximum density that can be achieved without seriously compromising the slopes and natural ravines on the property, unless a substantial portion of the parking is built underneath the buildings and development is clustered away from critical slopes. As outlined in more detail in Appendix C, medium density multi-family zoning (RM-20) may be acceptable if the property owner agrees to a conditional zoning agreement that ensures that the site will be developed in a manner that is sensitive to the topography and the surrounding neighborhoods." In the Willow Creek Subarea: 1 ) Add the following sentence to the section on page 35 regarding Parks, Trails, and Open Space: "Future plans include extending the Willow Creek Trail west under Highway 218 to Hunters Run Park and south across or under Highway 1 to connect to the commemial area on the south side of the highway." In the South Rohret Subarea: 1) Replace the South Rohret Plan Map with the amended map that is attached, showing the Neighborhood Commercial area further east and a transition from single family residential to medium density residential uses to commercial and mixed use areas in the northeast portion of the subarea. Existing residential properties that can be served with sanitary sewer when the Abbey Lane sewer is extended under Hwy 218 are designated as Single family(Duplex residential instead of Large Lot/Rural Residential. 2) Insert the attached Carson Lake Concept Plan map into the plan. 3) In the "Housing" section of the South Rohret Subarea, add the following language: '~Nhen sewer service is extended under Highway 218 it will be possible for some of the existing large lot residential properties to connect into the City sewer system. When these properties have better access to City services, the existing large lots could be further subdivided if property owners decide to do so." 4) On page 43, add the following sentence to the second bullet regarding trails: "If a regional stormwater facility is constructed, it may be possible to use the existing culvert that runs under Highway 218 as a tunnel for a pedestrian trail connection to the neighborhoods on the east side of the highway." Planning Principles: Include the attached "Planning Principles" page. These principles were highlighted in our initial presentation of the plan to the public on July 18. Other Issues · Over the last several weeks, the planning staff and the Commission have received a number of comments and suggestions regarding traffic and pedestrian facilities in the Southwest District, particularly along Benton Street and Mormon Trek Boulevard. After reviewing the language in the plan, staff feels that it adequately addresses these issues and supports future traffic and pedestrian facility improvements on these and other streets in the Southwest District (See paragraph 4 on page 14, the last paragraph and bullets on page 16, the last paragraph on page 22, bullets under "Parks, Trails, and Open Space" and "Transportation" on page 31, the first paragraph under "Commercial Development" on page 34, the "Transportation" section beginning on page 35, the "Transportation" section beginning on page 37, and the "Transportation" section beginning on page 45). Staff presented the Southwest District Plan to the Parks and Recreation Commission on Wednesday, August 14. At that meeting Commission voted 8-0 to endorse the plan. City of Iowa City M MORANDUM July 26, 2002 To: Planning and Zoning Commission FRr;:m: ~:ru::wHeOs~aE:ri:,tr¢c;S~:i~te Planner~ Thank you for attending the public presentation of the Southwest District Plan on July 18. Since the presentation we have received a number of verbal and written comments and suggestions regarding the plan. Attached are the written comments received to date. Also included with this memo are some suggested changes to the plan based on conversations we have had with interested citizens over the last couple of weeks. As you read through the plan you also probably noticed that there were a couple of missing elements, namely the Carson Lake Concept Map and Appendix C, which details the moratorium area study conducted as a part of the Southwest District planning process. These are attached for your review prior to the meeting on August 1st. If you have any questions prior to the meeting, please give me a call at 356- 5251. SUGGESTED REVISIONS Willow Creek Subarea Traffic and Pedestrian Circulation at Walden Square: There was considerable discussion at the public review draft presentation regarding traffic and pedestrian safety near the Walden Square commercial area along Mormon Trek Boulevard. The concerns expressed are valid and are in concert with what citizens discussed at the larger planning workshops. The language contained in the District Plan emphasizes that pedestrian and traffic control improvements are needed in the short term future in this location. The district plan is intended as a policy guide to future development and public improvements. Additional language could be added to the plan to emphasize the relative importance of these needed improvements. Rohret South Subarea Existinq Residential Uses: Based on recent meetings with Steve Carson, staff recommends some revisions to the "Commercial Development" section on page 46. The Carson family owns a large parcel of property where the proposed stormwater lake is located. Mr. Carson resides at the farmhouse located on the south side of Rohret Road, which is adjacent to the proposed commercial area. He expressed concern regarding the proximity of the proposed commercial area to existing residences and suggested more of a transition from residential to commercial uses in this area. While the intent of a neighborhood commercial area is that it would be developed in a manner that would fit well into a residential neighborhood, staff concurs that a more gradual transition in residential densities might be desirable. Therefore, we have modified the Carson Lake Concept Plan to illustrate single family residential and townhouse development between the existing residences and the neighborhood commercial area, which effectively moves the commercial area one block to the east. In addition, staff recommends that language be added to indicate that new development should be developed in a manner that is sensitive to the existing residential uses. The overriding design concepts discussed in the plan for this area - main street commercial development, civic uses as a highway buffer, and mixed-use and medium density residential uses, such as townhouses and small apartments adjacent to the neighborhood commercial area - should remain the same. Recreation Center: During the planning workshops, citizens expressed a desire for a recreation center on the west side of town. Additional comments were received following the presentation of the draft on July 18. Staff suggests that a sentence be added to the last paragraph on page 46 that emphasizes this point. Large-lot Residential: The proposed plan map for the Rohret South Subarea illustrates the location of existing large-lot residential uses. After sewer is available to the Rohret South Subarea, these lots could be further subdivided if the owners desired to do so. Since the "plan map" is intended to illustrate appropriate future uses, staff suggests that the existing residential lots be illustrated using the darker gold color signifying single-family residential use rather than designating them as large-lot residential. Language should also be added to the text that emphasizes this point. Additional possibility for a trail connection: After reviewing the plan, a citizen pointed out to staff the potential for an additional trail connection using the existing culvert underneath Highway 218 from the Willow Creek Subarea in the vicinity of Abbey Lane to the proposed Carson Lake neighborhood. If a regional stormwater facility is built to retain water in the Rohret South Subarea, the existing culvert may not be needed for stormwater run-off and can be used for a trail connection underneath Highway 218. Staff suggests that language be added to the plan that reflects this possibility. Page 1 of 1 Karen Howard From: Steve Woodward [swoodwar@inav.net] Sent: Tuesday, July 23, 2002 11:57 AM To: Karen-Howard@iowa-city org Subject: SW District Plan - Mormon Trek & Cameron Way July 23, 2002 Karen Howard Project Contact SW District Planning Ms. Howard: I attend the 7/18/02 presentation of the SW District Plan and expressed my concern regarding the intersection of Mormon Trek and Cameron Way (Walden Square Retail Area). You requested I send a letter to you for inclusion with the material for the August 1, 2002 meeting of the Iowa City Planning and Zoning Commission. The intersection of Mormon Trek and Cameron Way is one of two intended entrances for the Walden Square retail area (Fareway Grocery Store, Hartig Drug, U of I Credit Union, etc.). Pedestrian and vehicle safety at the two intersections is a current and growing concern. Specifically, the lack of any traffic controls for the two Walden Square entrances on Mormon Trek pose major safety concerns for both pedestrians and vehicles. Traffic controls are necessary for one of the two entrances. The preferred traffic controls are a stop light combined with a center and Southbound left turn lane at the intersection of Mormon Trek and Cameron Way. The need for Traffic Controls to improve safety at Mormon Trek and Cameron Wa.~s__present now. The p_lanned.hou$ing development in the area, as presented in the SW District Plan, will only increase the amount of traffic for the only retail area on far West side of Iowa City. I frequent the Walden Square businesses and my own observation has been a significant number of minor auto accidents and many unsafe turning situations for vehicles that sometimes involve pedestrians. I have also noticed an increase in the number of vehicles, myself included, that choose to use Westwinds Drive, a Residential Street, to avoid Mormon Trek during periods of peak usage (Evenings and Saturdays). Currently petition signatures are being gathered to express the need for traffic controls at the intersection of Mormon Trek and Cameron Way. The petition will be presented to you, the Iowa City Planning Commission, Mayor Ernie Lehman and the City Council. Thank you for addressing this concern with the Planning and Zoning Commission at the upcoming August 1, 2002 meeting. Sincerely, Steve Woodward 832 Spencer Drive Iowa City 319-354-8889 7/25/02 Karen Howard From: Robynn Shrader [robynn~ncga.coop] Sent: Thursday, July 25, 2002 1:17 PM To: karen-howard @iowa-city.org Subject: Thank you Hi Karen-- I've been meaning to write to you all week...been caught up in other things! I wanted to congratulate you on the great job that all of you did last week in presenting the SW district plan, and thank you for your obvious hard work and effort. I truly appreciate all that you did to listen to our concerns and navigate the political landscape to come up with a reasonable plan. I was pleased with the process, and attribute that to the diligence of staff on this project. Thanks again, it is so nice to feel heard. Take care-- Robynn Shrader Robynn Shrader Executive Director National Cooperative Grocers Association www.ncga.coop Phone/fax: {319) 466-9029 email: robynn@ncga.coop 1104 Weeber Circle Iowa City, IA 52246 CARSON FARM IOWA CH'"/. IOWA July 28, 2002 Planning & Zoning Commission 410 East Washington Street Iowa City, Iowa 52240 RE: Southwest District Plan Dear Commissioners: I would like to take this opportunity to comment on the Southwest District Plan as presented on July 18, 2002. Specifically, the proposed plan for the Rohret South Subarea concerns me since I reside in the area. And, it concems the Carson family that owns nearly 200 acres of undeveloped land in the subarea. The Carson family also supports the desire of Steve Carson and his family to continue to live in their current residence in a meaningful setting. The Carson family has a list of concerns over the proposed draft plan for the Rohret South Subarea as presented in the draft plan: 1. The draft plan calls for a new commemial center to serve the surrounding neighborhoods. As proposed, this commercial center is placed directly adjacent to the residence of Steve Carson. We feel that not only should there be a buffer between the proposed commercial center and his residence, but also the existing neighborhood that consists of large lot semi-rural houses south of Rohret Road, and single family dwellings north of Rohret Road located in the Weber subarea. The buffer should consist of a combination of large lot semi-rural dwellings and single family dwellings. 2. The size of the new commercial area is not specified. The map for the area seems to depict an area that may range in size of five to six acres. This is too large of commercial development to be placed in an existing residential neighborhood. The commercial area could be "planned' in an area of undeveloped land and developed after allowing future neighborhoods grow around it. The new neighborhood could evolve with the knowledge that a commercial center would one day serve the residents. The residential neighborhoods should develop before the commercial area. 3. Perhaps another commercial area is not needed. The current neighborhood is well served by the Walden Square commercial area located on Mormon Trek Blvd. We can walk to the Walden Square area in 15 minutes and drive to that location in five or less. We can also drive to the commercial area at the intersection of Mormon Trek and Highway 1 in five minutes. 4. As presented, the plan also places an area of Iow density multi-family residential directly adjacent to the Steve Carson residence. As in the case of the commercial area, there should be a buffer of single family dwellings between the multi-family residential and Carson residence, along with the existing neighborhood which consists of large lot semi-rural houses and single family dwellings. 5. We object to the proposed lake and park in the center of the Carson family property. We do not have enough information about the lake, which could be 43.0 acres in size, and its effect on our property to comment appropriately at this time. We have recently seen the 1996 Regional Storm Water Management Plan completed for the city, however it addresses only the aspect of storm water management. The proposed lake is nearly one and a half times the size of the 30- acre lake at Kent Park. I doubt that anyone would not seriously consider such a feature before allowing it encompass over 20 percent of his or her property. The Carson family objects to the proposed lake and surrounding park until such time as a proper review can be completed which addresses the future and best use for the Carson property. Based on these concerns, the Carson family objects to the draft plan for the Rohret South Subarea in the Southwest District Plan presented on July 18~ and encourages the Planning & Zoning Commision to delay voting on the plan until the Carson family can give the plan a proper review and determine the future and best use for the property. Certainly, the Carson family realizes that our property will be developed one day. However, we feel care and scrutiny should be taken during this planning stage to ensure that future development is fundamentally sound and complements the existing neighborhood. It is the intent of the Carson family to take an active role in planning for the future of this area. Thank you for your consideration. For the Carson Family, Steve Carson 3207 Rohret Road Iowa City IA 52240 CC: Department of Planning and Community Development Karen Howard From: Mary Knudson [mary_knudson@msn.com] Sent: Wednesday, July 31, 2002 4:15 PM To: bob-miklo@iowa-city.org Cc: karen-howard@iowa-city.org Subject: swdistrict plan Dear Mr. Miklo, I want to write a brief note about the Southwest District Plan. First of all, I want to thank you and other city officials for doing such a wonderful and professional job in overseeing this plan. I support many of the concepts, particularly in how the plan enhances neighborhoods, calls of beautifying con~mercial areas (notably, the Riverside area), and for identifying the need for green spaces. I really want to pay attention to the area that affects my family most, which is the Miller-Orchard area. I live at 725 West Benton Street. I support the concepts in the plan; the trails, more park {though we need more), issues of street safety, step zoning, and buffers between different zones. However, I have a couple of points I want to make that I am concerned about: 1. While I support the change in zoning of the Ruppert land, I am concerned that either the RS8 that sits right behind my house will be changed to commercial or apartments due to a slippery slope caused from the increase of commercial zoning that is proposed. This would highly change the quality of life we.have. And it is from our backyard we gain our quality of life; the stress from Benton Street is quite high, but in our yard, we feel very far from it. 2. I noted that the plan discusses sidewalks, or lack of, in my neighborhood, most particularly along Riverside and along the south side of Benton Street. I support the sidewalk along Riverside as it is a commercial area and is needed and right now it is dangerous to walk there (I have many times with children). However, I do not support a sidewalk on the south side of Benton. I was a little surprised to see this suggestion as, to my knowledge, it was never brought up by the neighborhood. The sidewalk along the north seems to provide for the neighborhood well. If the plan is looking to build a walk for park access, those on the south side of Benton can either access the park on the trail which will be behind our house or from Miller Street. There are safety issues to be concerned about as well. Kids from school will be more tempted to run across the hill street when walking to and from school. The previous principal at Roosevelt was also concerned about this danger if a sidewalk was put in and did not want one put in for that reason. And it will make getting out of my driveway, which is difficult since it is a partially hidden one, even more dangerous. I will have bikers, walkers and runners to worry about in addition to the fast moving (e.g. speeding) cars that come over the hill as I am trying to turn on to the street. For my purpose, or when my 10 year walks to school, and for when my 3 year old will go to school, we walk across our neighbor's yards to get to the patrol guard. We, all three neighbors, are happy with that arrangement. I think we put up with alot from Benton Street, and putting in a sidewalk would put that more stress on us. Finally, Mrs. Otto and my family would be assessed quite a bit for a sidewalk given the terrain of our front yards. A retaining wall would be needed to be put in. I think if a side walk is put in, and I hope there would not be one, Mrs. Otto and us should be compensated by the city to help pay for it. The financial burden would be great. 3. Finally, street safety needs to be addressed more with regard to Benton. 1 The speed of the cars needs to be slowed down. I feel how it should be slowed down should be left to an engineer; however, I want to point out that 12th Avenue, an artery street with a hill, has stop signs on it to slow down traffic. Thank you for listening to me. I look forward to seeing you on Thursday. Regards, Mary Knudson MSN Photos is the easiest way to share and print your photos: http://photos.msn.com/support/worldwide.aspx Karen Howard From: Ruth Baker [ruth-baker@uiowa.edu] Sent: Thursday, August 01,2002 4:02 PM To: karen-howard@iowa-city.org Subject: FW: Southwest District Plan and Ruppert Property Rezonings Karen: Thanks for sending this reminder. I've been lax in getting this message to you, but wanted to let you know how much I appreciate the work you've put in on the S.W. District Plan. Based on mine as well as other neighborhood's past experiences with planning staff, I was very skeptical about whether the needs and concerns of citizens would actually be considered or whether the department had its own agenda and attending public planning meetings was a waste of our time. At the July 18 public review of the plan, I was pleased to hear our concerns had been taken seriously. There are many of us who appreciate the plan's commitment to: establish goals to prevent urban sprawl; preserve and stabilize close-in neighborhoods; provide safe travel routes for pedestrians and bicyclists; and improve and expand public transportation. All of these things are necessary for a healthy and safe community. Thanks again, Karen. Keep up the good work. Ruth Barbara M. Buss 747 West Benton Street Iowa City. IA 52246 319-351-3309 e-mail: 72703.2457@compuserve.corn August 1, 2002 To the members of the Iowa City Planning and Zoning Commission: I am speaking as a resident of the Southwest District to endorse the Southwest District Plan as drafted by the Department of Planning and Community Development. As a resident of the Miller- Orchard neighborhood, I would like to speak particularly about that part of the plan which addresses this area. The Miller-Orchard neighborhood area appears to have grown over the years without design. What planning there has been in the past seems to have been limited to zoning with little regard as to how the development of the different zones would relate to each other, and to what definition this development would give to the character of this area. As a result, the Miller-Orchard area is a neighborhood of residential homes framed by a railroad track, a State Highway and a commercial area with no pedestrian access. It is a small residential area intersected by an arterial street with no pedestrian crossings and several collector streets without sidewalks. Many of us in this neighborhood have made these points before - many times. The Southwest District Plan before you addresses them with imagination and courage. In drafting this plan the staff has demonstrated a genuine awareness of the articulated needs of our neighborhood. I was particularly happy to see the list of proposed measures to encourage private reinvestment in this area. (see page 24). Just as it is reasonable to expect the City to invest in the necessary roads and sanitary sewer service to facilitate new developments for the growth of the City, I believe it is also reasonable to expect the City to invest in the preservation of its older neighborhoods for the health and stability of i'ts center. Incentives, such as those listed in this plan, are necessary in lower priced neighborhoods such as Miller-Orchard. The establishment of an accessible neighborhood park with its trail connection to the Weeber- Harlocke neighborhood will support the City's efforts for private reinvestment by creating an environment conducive to a sense of community here. The proposal for the development of the Ruppert land along Miller Ave. is entirely consistent with these objectives. The Southwest District Plan for the Miller~3rchard neighborhood as presently drafted is a long over-due design which knits the disparate elements of this area into a coherent whole where people can live comfortably and safely with commerce around it and traffic through it. I ask you to approve this plan. Sincerely yours, Barbara M. Buss CARSON FARM IOWA CITY, IOWA Augu~ 14,2002 Planning & Zoning Commission 410 East Washington Street Iowa City, Iowa 52240 RE: Southwest District Plan as revised Dear Commissioners: I would like to take this opportunity to reaffirm the Carson family's viewpoint on the Southwest Distdct Plan, Rohret South Subarea, as revised. The revision for the Rohret South Subarea moved the neighborhood commemial area one block further away from the Steve Carson residence, the existing Hunters Run neighborhood and large lots along Rohret Road to the west. Language is also included that provides for single family residential and townhouse development between existing residences and the neighborhood commercial area. If a commercial area is warranted, we feet this a move in the dght direction. Higher density housing and civic uses as a highway buffer seem to make sense and may allow existing residences to continue in a meaningful setting. The Carson family can support this portion of the concept plan as long as it continues to contain a more gradual transition between residential densities, and a gradual transition between the existing residential areas and the proposed commercial development. The Carson family, however, still has major concerns with the lake and park proposed in the concept plan for the center of the Carson property. As we stated in correspondence dated July 28, 2002, the size of the lake is much too large. The Carson family objects to the proposed lake and surrounding park until such time as a proper review can be completed which addresses the future and best use for the Carson property. We are taking steps to obtain professional opinions about the proposed lake and park concept and how it may affect the remainder of our property. Until we gather more information and complete our study, we will oppose this portion of the concept plan. I am certain that you understand our intent to determine the future and best use for our property. It is the also the intent of the Carson family to take a proactive role in planning for the future of our property and to work with the city's planning staff. Thank you again, for your consideration. Steve Carson 3207 Rohret Road Iowa City IA 52246 CC: Department of Planning and Community Development 326 Douglass St. Iowa City, IA 52246 Karen Howard -- 410 E. Washington St. Iowa City, IA 52240 RE: Southwest District Plan Dear Karen: In the interest of tax containment, I suggest urban wilderness plots vs. neighborhood parks and pedestrian links vs. recreational trails. Beet- hoveR, Tchaikovsky, and Abraham Lincoln strolled long distances without pavement under foot. A little mud on my shoes is the closest to great- ness I'll ever get. Add Orchard St. between Douglass and Hwy. 1 to the list of spots where sidewalks would be desirable. Look up personalized rapid transit on the internet. The search engine will find it for you. There is a good chance that PRT will replace urban motoring by the end of this century. Anticipated urban plots should be layed out with PRT in mind. Leaving space behind homes and businesses for a PRT line seems to make sense. That was a nice presentation you folks gave on July 18. Many thanks for your effort. Very truly yours, Bob Dostal encl. 1 Barbara M. Buss 747 West Benton Street Iowa City. IA 52246 319-351-3309 e-mail: 72703.2457@compuserve.com September 19, 2002 To the Mayor and Members of the Iowa City City Council: ~ I am writing in support of the draft of the Southwest District Compre~r~siveP~ar~ ~/~ I will be out of town on September 24.. What follows are the remarks I made before ~l~a{i~i~Pl~and Zoning Commission at a public hearing of the draft on August 1,2002. I would like to preface these remarks with a paraphrase of a quote by Aldo Leopold from .4 SandCoun~ .4~manor, [Oxford University Press, 1987, p.221 ). A civic ethic .... reflects the existence of a socia/conscience, and thio in turn reflects a conviction of individual responsibility for the health of the communia/ Health is the capacity of aeigh/~o~'hood$ for self- renewal. Conservation is our effort to understand and preserve this capacity. Many of the older parts of the Southwest District are in need of renewal. There is evidence that within these neighborhoods there is the will for self-renewal, but your support, morally and financially, are essential for the necessary changes to be realized We ask you to join us as conservationists as we work for this renewal, and to do so with the same commitment with which you support and encourage new developments. By serving different needs, both the old and new areas of Iowa City are essential to its well being. (Copy of Remarks to the Planning and Zoning Commission on August 1,2002): To the members of the Io~va City Planning and Zoning Commission: 1 am speaking as a resident of the Southwest District to endorse the Southwest District Plan as drafted by the Department of Planning and Community Development. As a resident of the Miller-Orchard neighborhood, 1 would like to speak particularly about that part of the plan which addresses this area. The Miller-Orchard neighborhood area appears to have grown over the years without design. What planning there has been in the past seems to have been limited to zoning with little regard as to how the development of the different zones would relate to each other, and to what definition this development would give to the character of this area. As a result, the Miller-Orchard area is a neighborhood of residential homes framed by a railroad track, a state highway and a commercial area with no pedestrian access. It is a small residential area intersected by an arterial street with no pedestrian crossings and several collector streets without sidewalks. Many of us in this neighborhood have made these points before - many times. The Southwest District Plan before you addresses them with imagination and courage. In drafting this plan the staff has demonstrated a genuine awareness of the articulated needs of our neighborhood. 1 was particularly happy to see the list of proposed measures to encourage private reinvestment in this area. (see page 24). Just as it is reasonable to expect the City to invest in the necessary roads and sanitary sewer service to facilitate new developments for the growth of the City, I believe it is also reasonable to expect the City to invest in the preservation of its older neighborhoods for the health and stability of its center. [acentives, such as those listed in this plan, are necessary in lower priced neighborhoods such as Miller- Orchard. The establishment of an accessible neighborhood park with its trail connection to the Weeber-Harlocke neighborhood will support the City's efforts for private reinvestment by creating an environment conducive to a sense of community here. The proposal for the development of the Ruppert land along Miller Ave. is entirely consistent with these objectives. The Southwest District Plan for the Miller-Orchard neighborhood as presently drained is a long over-due design which knits the disparate elements of this area into a coherent whole where people can live comfortably and safely with commerce around it and traffic through it. 1 ask you to approve this plan. Sincerely yours, Barbara M Buss CARSON FARM IOWA CITY, IOWA September 22, 2002 Ci~ Council Ci~ of Iowa Ci~ 410 East Washington Street Iowa Ci~, Iowa 52240 RE: Southwest District Plan - Rohret South Subarea Dear Council Members: As the representative of the Carson family which owns of nearly 200 acres of land in the center of the Rohret South Subarea, I would like to take this opportunity to present our perspective on the Southwest District Plan - Rohret South Subarea, as revised and approved by the Planning & Zoning Commission on August 15, 2002. Attached are copies of letters dated July 28, 2002 and August 14, 2002 which were presented to the Iowa City Planning & Zoning Commission during the review process that outline the concerns that we have about the Carson Lake Concept Plan. In summary, we have these concerns: · The inclusion of a neighborhood commercial area and its proximity to the existing neighborhood and residences along Rohret Road. Is such a commercial area needed when commercial areas are already within walking distance to the area? · The size of the proposed lake. One option outlined in the 1996 Regional Storm Water Management Plan proposes a 43.0 lake. This is much too large. · The transitions in residential densities. The Carson family supports a gradual transition in residential densities which permit the existing neighborhood and residences long Rohret Road, including the Steve Carson residence, to continue in a meaningful setting. The Carson family is also concerned with the issue of this concept becoming "etched in stone". At the August 15th Planning & Zoning meeting four commissioners affirmed the fact that the Carson Lake Concept Plan is, indeed, a concept and a guide for future planning which might be altered when it becomes reality. When the time comes to begin development of this property, we hope to have the ability and flexibility with a developer to fine-tune the Carson Lake concept and make changes if needed. For the record, the Carson family is not against lakes. We are not against parks or trails. And, we are not against development. Our intent is to determine the future and best use for our property. While we are not currently seeking or considering offers from developers, we are considering opinions from professionals in that field. We see the Carson Lake Concept Plan as a positive thing. And, it is the intent of the Carson family to take a proactive role in planning for the future of our property and to work with the city's planning staff. Thank you for your consideration. 3207 Rohret Road Iowa City IA 52246 CC: Department of Planning and Community Development CARSON FARM ~OWA CITY. IOWA - COPY's3. : August 14, 2002 Planning 8, Zoning Commission 410 East Washington Street Iowa City, Iowa 52240 -~.~/. c'~.. RE: Southwest District Plan as revised Dear Commissioners: I would like to take this opportunity to reaffirm the Carson family's viewpoint on the Southwest District Plan, Rohret South Subarea, as revised. The revision for the Rohret South Subarea moved the neighborhood commercial area one block further away from the Steve Carson residence, the existing Hunters Run neighborhood and large lots along Rohret Road to the west. Language is also included that provides for single family residential and townhouse development between existing residences and the neighborhood commercial area. If a commercial area is warranted, we feel this a move in the dght direction. Higher density housing and civic uses as a highway buffer seem to make sense and may allow existing residences to continue in a meaningful setting. The Carson family can support this portion of the concept plan as long as it continues to contain a more gradual transition between residential densities, and a gradual transition between the existing residential areas and the proposed commercial development. The Carson family, however, still has major concerns with the lake and park proposed in the concept plan for the center of the Carson property. As we stated in correspondence dated July 28, 2002, the size of the lake is much too large. The Carson family objects to the proposed lake and surrounding park until such time as a proper review can be completed which addresses the future and best use for the Carson property. We are taking steps to obtain professional opinions about the proposed lake and park concept and how it may affect the remainder of our property. Until we gather more information and complete our study, we will oppose this portion of the concept plan. I am certain that you understand our intent to determine the future and best use for our property. It is the also the intent of the Carson family to take a proactive role in planning for the future of our property and to work with the city's planning staff. Thank you again, for your consideration. For the Carson Family, Steve Carson 3207 Rohret Road Iowa City IA 52246 CC: Department of Planning and Community Development - COPY CARSON FARM lC)WA CITY. IOWA __ July 28, 2002 Planning & Zoning Commission ..... 410 East Washington Street Iowa Ci~, Iowa 52240 RE: Southwest District Plan Dear Commissioners: I would like to take this opportunity to comment on the Southwest Distdct Plan as presented on July 18, 2002. Specifically, the proposed plan for the Rohret South Subarea concerns me since I reside in the area. And, it con(ems the Carson family that owns nearly 200 acres of undeveloped land in the subarea. The Carson family also supports the desire of Steve Carson and his family to continue to live in their current residence in a meaningful setting. The Carson family has a list of con(ems over the proposed draft plan for the Rohret South Subarea as presented in the draft plan: 1. The draft plan calls for a new commercial center to serve the surrounding neighborhoods. As proposed, this commercial canter is pla(ed directly adjacent to the residence of Steve Carson. We feel that not only should there be a buffer between the proposed commercial center and his residence, but also the existing neighborhood that consists of large lot semi-rural houses south of Rohret Road, and single family dwellings north of Rohret Road located in the Weber subarea. The buffer should consist of a combination of large lot semi-rural dwellings and single family dwellings. 2. The size of the new commercial area is not specified. The map for the area seems to depict an area that may range in size of five to six acres. This is too large of commercial development to be placed in an existing residential neighborhood. The commercial area could be "planned" in an area of undeveloped land and developed after allowing future neighborhoods grow around it. The new neighborhood could evolve with the knowledge that a commercial center would one day serve the residents. The residential neighborhoods should develop before the commercial area. 3. Perhaps another commercial area is not needed. The current neighborhood is well served by the Walden Square commercial area located on Mormon Trek Blvd. We can walk to the Walden Square area in 15 minutes and ddve to that location in five or less. We can also ddve to the commercial area at the intersection of Mormon Trek and Highway 1 in five minutes. 4. As presented, the plan also places an area of Iow density multi-family residential directly adjacent to the Steve Carson residence. As in the case of the commemial area, there should be a buffer of single family dwellings between the multi-family residential and Carson residence, along with the existing neighborhood which consists of large lot semi-rural houses and single family dwellings. 5. We object to the proposed lake and park in the center of the Carson family property. We do not have enough information about the lake, which could be 43.0 acres in size, and its effect on our property to comment appropriately at this time. We have recently seen the 1996 Regional Storm Water Management Plan completed for the city, however it addresses only the aspect of storm water management. The proposed lake is heady one and a half times the size of the 30- acre lake at Kent Park. I doubt that anyone would not seriously consider such a feature before allowing it to encompass over 20 percent of his or her property. The Carson family objects to the proposed lake and surrounding park until such time as a proper review can be completed which addresses the future and best use for the Carson property. Based on these concerns, the Carson family objects to the draft plan for the Rohret South Subarea in the Southwest Distdct Plan presented on July 18th and encourages the Planning & Zoning Commision to delay voting on the plan until the Carson family can give the plan a proper review and determine the future and best use for the property. Certainly, the Carson family realizes that our prepen'y will be developed one day. However, we feel care and scrutiny should be taken during this planning stage to ensure that future development is fundamentally sound and complements the existing neighborhood. It is the intent of the Carson family to take an active role in planning for the future of this area. Thank you for your consideration. For the Carson Family, Steve Carson 3207 Rohret Road Iowa City IA 52246 CC: Department of Planning and Community Development Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, iA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 8.69 ACRE PROPERTY LOCATED NORTH OF STATE HIGHWAY t AND WEST OF MILLER AVENUE FROM. HIGH DENSITY MULTI-FAMILY RESIDENTIAL (RM-44) TO MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL (RM-20); CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 1.46 ACRE PROPERTY LOCATED NORTH OF STATE HIGHWAY '1 AND WEST OF MILLER AVENUE FROM COMMUNITY COMMERCIAL (CC-2) TO MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL (RM-20); AND CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A '1.45 ACRE PROPERTY LOCATED NORTH OF STATE HIGHWAY 1 AND WEST OF MILLER AVENUE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO COMMUNITY COMMERCIAL (CC-2). WHEREAS, Charles W. Ruppert, Marie Ruppert, Richard H. Ruppert, Robert L Ruppert, Maxine Ruppert, Katherine C. Hogan, Eugene Hogan, Cleldon F. Ruppert, Herman G. Ruppert, Betty Lou Ruppert, and Dean C. Cooper as Executor of the Estate of Rosamond V. Cooper (hereinafter "Owners") own the subject property legally described below; and WHEREAS, the 8.69-acre property (hereinafter "Tract 1") is not suitable for high density residential development, because it contains steep and critical slopes and wooded ravines, is directly adjacent to a Iow density single family zone, has limited street access, and con:rains few pedestrian links north and south to major destinations; and WHEREAS, a certain portion of the property (hereinafter "Tract 2") is not suitable for commercial development, because it contains steep and critical slopes and wooded ravines, is separated from adjacent commercial development by rugged topography, and has limited street access; and WHEREAS, a zoning change from RS-8 to CC-2 for the 1.45 acre property (hereinafter "Tract 3") would increase the depth of potential commercial lots on the property to be consistent with adjacent commercially zoned property, thereby allowing adequate space to develop the property with commercial uses and for an adequate noise and sight buffer between commercial development and future residential development on propert7 located north of the subject property; and WHEREAS, the Southwest District Plan, a component of the City's Comprehensive Plan, suggests commercial zoning for Tract 3 and RM-12, Low-Density Multi-Family zoning for Tract 1 and 2 of the subject property, with consideration for RM-20, Medium Density Multi-Family zoning, if appropriate conditions are met to satisfy public needs directly caused by the RM-20 zoning designation; and WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable conditions with rezoning approvals, over and above existing regulations, in order to satisfy public needs directly caused by the zone change; and WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to address issues of compatibility with the adjacent single family neighborhood located north and west of the subject property as called for in the Southwest District Plan, to provide adequate street infrastructure, to prevent traffic congestion along local streets, to provide important pedestrian links between neighborhoods, and to ensure appropriate development of an environmentally sensitive property located along Highway 1, an important entranceway into Iowa City; WHEREAS, the Owners have voluntarily agreed to develop and use the subject property in accordance with the terms and conditions of a Conditional Zoning Agreement to address the public needs referenced above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the properties legally described below are hereby reclassified from their current zoning designation as follows: Ordinance No. Page 2 Tract 1: RM-44, High Density Multi-Family, to RM-20, Medium Density Multi-Family COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE 5TM PRINCIPAL MERIDIAN; THENCE S00030'48"Wi ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 493.66 FEET; THENCE N89°52'33"W, 337.07 FEET, TO THE SOUTHEAST CORNER OF BENTON MANOR, AS RECORDED IN PLAT BOOK 22, AT PAGE 22, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, WHICH IS THE POINT OF BEGINNING; THENCE N89°59'59"W, (A RECORDED BEARING ALONG THE SOUTH LINE OF SAID BENTON MANOR), 421.42 FEET, TO THE SOUTHWEST CORNER THEREOF, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LOT 25, OF WEEBER'S THIRD ADDITION OF IOWA CITY, IOWA, AS RECORDED IN PLAT BOOK 9, AT PAGE 14, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89°,44'56"W, ALONG THE SOUTH LINE OF SAID LOT 25, 225.28 FEET; THENCE WESTERLY 327.98 FEET TO THE SOUTHWEST CORNER OF LOT 24 OF WEEBER'S THIRD ADDITION TO IOWA CITY, IOWA; THENCE S00°13'05"W, 161.77 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER, OF THE NORTHWEST QUARTER, OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TM PRINCIPAL MERIDIAN, AS RECORDED IN PLAT BOOK 9, AT PAGE 13, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°06'07"W, 468.18 FEET; THENCE N57°55'37"E ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF IOWA PRIMARY ROAD NO. 1,369.85 FEET, TO A POINT WHICH IS 190.00 FEET, RADIALLY DISTANT NORTHWESTERLY OF CENTERLINE STATION 146+10; THENCE N71°35'52"E ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, 696.67 FEET; THENCE N00030'48"E, 211.15 FEET TO THE POINT OF BEGINNING. Tract 2: CC-2, Community Commercial, to RM-20, Medium Density Multi-Family COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE 5TM PRINCIPAL MERIDIAN; THENCE S00030'48"W, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 493.66 FEET TO THE POINT OF BEGINNING; THENCE N89052'33"W, 337.07 FEET, TO THE SOUTHEAST CORNER OF BENTON MANOR, AS RECORDED IN PLAT BOOK 22, AT PAGE 22, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°30'48"W, 211.15 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IOWA PRIMARY ROAD NO. 1; THENCE EASTERLY 335.95 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID IOWA PRIMARY ROAD NO. 1; THENCE NORTHERLY 168.23 FEET TO THE POINT OF BEGINNING. Tract 3: RS-8, Medium Density Single Family Residential, to CC-2, Community Commercial COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE 5TM PRINCIPAL MERIDIAN; THENCE S00°30'48"W, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 377.86 FEET TO THE POINT OF BEGINNING; THENCE S89'52'33"E, 542.11 FEET; THENCE S02°30'00"E, 115.92 FEET; THENCE N89052'33"W, 548.21 FEET, TO A POINT ON SAID WEST LINE OF THE SOUTHEAST QUARTER; THENCE N00°30'48"E, ALONG SAiD WEST LINE, 115.80 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 1.5 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTON I1. ZONING MAP. Upon final passage, approval and publication of the 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 amendment. SECTON II1. 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 Owners of the subject property and the City. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed Ordinance No. Page 3 to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same in the Office of the County Recorder of 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 provisions of this Ordinance are hereby repealed. SECTIONVl. SEVERABILITY. If any section, pmvision 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 ,2002. MAYOR ATTEST: CITY CLERK Prepared by: Karen Howard, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 355-5251 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter"City") and Charles W. Ruppert and Marie Ruppert, husband and wife, Richard H. Ruppert, a single person, Robert L. Ruppert and Maxine Ruppert, husband and wife, Katherine C. Hogan and Eugene Hogan, wife and husband, Cleldon F. Ruppert, Herman G. Ruppert and Betty Lou Ruppert, husband and wife and Dean C. Cooper as Executor of the Estate of Rosamond V. Cooper (hereinafter "Owners"). WHEREAS, Owners, are legal title holders of the property legally described below; and WHEREAS, the subject property contains steep and critical slopes and wooded ravines, is directly adjacent to a Iow density single family zone, and contains few pedestrian links north and south to major destinations; and WHEREAS, the Southwest District Plan, a component of the City's Comprehensive Plan, suggests RM-12, Low-Density Multi-Family zoning for portions of the subject property, with consideration for RM-20, Medium Density Multi-Family zoning, if appropriate conditions are met to satisfy public needs directly caused by the RM-20 zoning designation; and WHEREAS, the City is considering rezoning a portion of the Owners' property located north of Highway 1 and west of Miller Avenue from High Density Multi- Family (RM-44) to Medium Density Multi-Family (RM-20) (hereinafter "Tract 1"); and WHEREAS, the City is considering rezoning a portion of the Owners' property located north of Highway 1 and west of Miller Avenue from Community Commercial (CC-2) to Medium Density Multi-Family (RM-20) (hereinafter "Tract 2"); and WHEREAS, the City is considering rezoning a portion of the Owners' property located north of Highway 1 and west of Miller Avenue from Medium Density Single Family (RS-8) to Community Commemial (CC-2)(hereinafter "Tract 2"); and WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable conditions with rezoning approvals, over and above existing regulations, in order to satisfy public needs directly caused by the zone change; and WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to address issues of compatibility with the adjacent single family neighborhood located north and west of the subject property as called for in the Southwest District Plan, to provide adequate street infrastructure, to prevent traffic congestion along local streets, to provide important pedestrian links between neighborhoods, and to ensure appropriate development of an environmentally sensitive property located along Highway 1, an important entranceway into Iowa City; WHEREAS, the Owner has agreed to develop and use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above referenced issues. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: Charles VV. Ruppert and Marie Ruppert, husband and wife, Richard H. Ruppert, a single person, Robert L. Ruppert and Maxine Ruppert, husband and wife, Katherine C. Hogan and Eugene Hogan, wife and husband, Cleldon F. Ruppert, Herman G. Ruppert and Betty Lou Ruppert, husband and wife and Dean C. Cooper as Executor of the Estate of Rosamond ¥. Cooper are the owners and legal title holders of approximately 11.6 acres of land located north of State Highway No. 1 and west of Miller Avenue, which property is more particularly described as follows: Tract I (RM-44, High Density Multi-Family, to RM-20, Medium Density Multi-Family) Commencing at the Northwest Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S00°30'48'W, along the West Line of said Southeast Quarter, 493.66 feet; Thence N89°52'33'W, 337.07 feet, to the Southeast Corner of Benton Manor, as recorded in Plat Book 22, at Page 22, of the records of the Johnson County Recorder's Office, which is the point of beginning; Thence N89°59'59'~/, (a recorded bearing along the South Line of said Benton Manor), 421.42 feet, to the Southwest Corner thereof, which point is also the Southeast Corner of Lot 25, of Weeber's Third Addition of Iowa City, Iowa, as recorded in Plat Book 9, at Page 14, of the Records of the Johnson County Recorder's Office; Thence S89°,44'56'¥V, along the South Line of said Lot 25, 225.28 feet; Thence westerly 327.98 feet to the Southwest Corner of Lot 24 of Weeber's Third Addition to Iowa City, Iowa; Thence S00°13'05'~/V, 161.77 feet to the Northeast Corner of the Southeast Quarter, of the Northwest Quarter, of the Southwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, as recorded in Plat Book 9, at Page 13, of the Records of the Johnson County Recorder's Office; Thence S00°06'07'~V, 468.18 feet; Thence N57°55'37"E along the Northeasterly Right-of-Way Line of Iowa Primary Road No. 1,369.85 feet, to a point which is 190.00 feet, radially distant Northwesterly of Centerline Station 146+10; Thence N71°35'52"E along said Northeasterly Right-of-Way Line, 696.87 feet; Thence N00°30'48"E, 211.15 feet to the point of beginning. Tract 2: (CC-2, Community Commercial, to RM-20, Medium-Density Multi-Family) Commencing at the Northwest Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S00°30'48'~/V, along the West Line of said Southeast Quarter, 493.66 feet to the point of beginning; Thence N89°52'33'~V, 337.07 feet, to the Southeast Corner of Benton Manor, as recorded in Plat Book 22, at Page 22, of the records of the Johnson County Recorder's Office; Thence S00°30'48'~V, 211.15 feet, to a point on the Northerly Right-of-Way Line of Iowa Primary Road No. 1; Thence easterly 335.95 feet along the Northerly Right-of-Way Line of said Iowa Primary Road No. 1: Thence Northerly 168.23 feet to the point of beginning. Tract 3: (RS-8, Medium Density Single Family, to CC-2, Community Commercial) Commencing at the Northwest Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S00°30'48'~/, along the West Line of said Southeast Quarter, 377.86 feet to the Point of Beginning; Thence S89°52'33"E, 542.11 feet; Thence S02°30'00"E, 115.92 feet; Thence N89°52'33'~V, 548.21 feet, to a point on said West Line of the Southeast Quarter; Thence N00°30'48"E, along said West Line, 115.80 feet, to the Point of Beginning. Said Tract of land contains 1.5 acres, more or less, and is subject to easements and restrictions of record. 2. In consideration of the City's rezoning the subject property as described above, the Owners agree to certain conditions over and above City regulations in order to ensure that any future multi-family development is consistent with the Southwest District Plan, is sensitive to the topography of the property, is developed in a manner that is sensitive to the adjacent single family neighborhood, will prevent additional traffic on Harlocke Street, a local street, will provide the opportunity for important pedestrian links between neighborhoods, residential areas and adjacent commercial areas, will ensure that streets within the development are adequate to support traffic generated by both the commercial and medium density multi-family development, and will ensure appropriate traffic circulation and emergency vehicle access. 3. In consideration of the City's rezoning the subject property as described above, the Owners agree that the use and development of the subject property will conform to all of the requirements of the Iowa City Zoning Ordinance, as applicable, as well as the following additional conditions: a. Prior to any development of the subject property, the Owner shall submit an OPDH plan for review and approval in accordance with City ordinances. The OPDH plan shall address the elements and conditions outlined in this Agreement; and b. Vehicular access to the subject property will not be permitted from Harlocke Street; and c. A 100-foot buffer area will be maintained along the western property line of Tract 1 to provide adequate separation between single family zoning and larger multi-family buildings and parking lots. The first fifty feet from the property line shall remain landscaped open space free of buildings and parking areas. Landscaped parking lots and buildings no greater than 25 feet in height may be established within the 100-foot buffer area between 50 feet and 75 feet from the western property boundary of Tract 1. Landscaped Parking lots and buildings no greater than 60 feet in height may be approved as part of the OPDH plan within the 100-foot buffer area between 75 feet and 100 feet from the western boundary of Tract 1; and d. The property will be developed in a manner that is sensitive to the topography, with buildings located in a manner that will minimize disturbance to critical slopes. To minimize impervious surface, at least 75 percent of the required parking must be provided underneath the buildings; and e. Access to the property will be permitted from the IDOT-approved access point along Highway 1 directly across from Ruppert Road. The City will cooperate with the Owner in their efforts to obtain appropriate IDOT approval for upgrades to the access point to serve the development; and f. If, based on the City's trip generation model, streets within the development will carry more than 500 vehicle trips per day, such streets shall be designed and constructed in accordance with City specifications for collector streets, including provisions for pedestrian facilities. Exceptions to the collector design standards may be approved by the Director of Planning and Community Development if warranted based on the private nature and function of the street. g. If, due to the intensity of development on the subject property, a traffic signal and turn lanes are warranted at the intersection of Highway 1 and Ruppert Road, the owner of the property must at that time contribute funds to pay for any IDOT required intersection improvements and funds equal to half the cost of a traffic signal and associated installation costs; and h. A public or private street must be stubbed to the west property line of Tract 1 in a location to be determined by the City of Iowa City; and i. If and until a street connection is made to the west, a turnaround must be constructed and maintained to standards that will accommodate fire apparatus and emergency vehicles; and j. A public access and fire apparatus access easement will be granted over and across all private streets within any future development; k. The emergency vehicle access easement must extend to the north property line of Tract 1 at a location to be determined by the City. This access easement will provide emergency vehicle access to the property in the event that the primary access from Highway 1 is blocked. The access easement must remain clear of structures and any landscaping or trees that might obstruct emergency access. The location for said access will be determined during the OPDH process. I. A 15' wide pedestrian walkway easement will be granted to allow the opportunity for a pedestrian trail to be constructed generally along the Owners' northern property line of Tract 1 and Tract 2 from the end of Harlocke Street eastward and then northward following the Owners' western boundary of Tract 3 to provide the opportunity for the eventual connection to the public park space located along Benton Street near its intersection with Miller Avenue. To maintain public safety, views to and from the pedestrian trail will be maintained. Fences, walls, or planted vegetation that effectively obstruct views to and from the trail shall not be permitted along the pedestrian easement; and m. A 15' wide pedestrian walkway easement will be granted from the property's northern boundary of Tract 2 generally southward to connect with the street on the property that provides public access to Highway 1. This easement should connect with the east-west trail easement described in paragraph I., above. n. A 15' wide pedestrian walkway easement will be granted from the northern property boundary of Tract 1 beginning at the end of Harlocke Street and extending generally southward following the western boundary of Tract 1 to end at the southwest corner of the property adjacent to the Highway 1 right-of-way. o. The grant of pedestrian easements described in paragraphs I, m., and n., above, does not represent an obligation on the property owner's part to construct pedestrian trails. However, this paragraph should not be construed in a manner that exempts the property owner from constructing adequate pedestrian facilities to serve development on the subject property. 4 The OPDH plan review and approval process outlined in paragraph 3.a. above shall not supplant any other approval required pursuant to Iowa Law or Iowa City Ordinances, such as the Iowa City Sensitive Areas Ordinance, if applicable. 5 The Owners acknowledge 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 public needs that are directly caused by the zoning change. 6 The Owners acknowledge 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. 7 The Parties acknowledge that this Conditional Zoning Agreement will be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement will inure to the benefit of and bind all successors, representatives and assigns of the Parties. 8 Owners acknowledge that nothing in the Conditional Zoning Agreement will be construed to relieve the Owner from complying with all applicable local, state and federal regulations. 9 The Parties agree that this Conditional Zoning Agreement will be incorporated by reference into the Ordinance rezoning the subject property and that upon adoption and publication of the Ordinance, this Agreement will be recorded in the Johnson County Recorder's Office. Dated this 7~) ~ day of 5e /~ ,2002. OWNERS CHARLES W. RUPPER'T CHARLES . U -:R'I~ Attorney-in-Fact for Marie Ruppert, Maxine Ruppert, Robert L Ruppert, Katherine C. Hogan, Eugene J. Hogan, Betty C. Ruppert, Cleldon F. Ruppert, Herman G. Ruppert, Betty L. Ruppert and Richard H. Ruppert DEAN C. COOPER /' ESTATE OF ROSAMOND V. COOPER, DECEASED By L,'~ Dean C. Cooper, ExecE{or CITY OF IOWA CITY By:. Ernest W. Lehman, Mayor Attest: Marian K. Kart, City Clerk Approved by: City Attorney's Office STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) ~On this or~'~ day of ~.~z~.~, ~.~/, , 2002, before me, a Nota:¥ Public in and for the State of Iowa, personally appeared Charles W. Ruppert to me known to be the person who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. Notary PubLic in and for the State ~~ ~. SCHVV,~nNel I~ m, %10~rnmlme~ Number STATE OF IOWA ) ) COUNTY OF JOHNSON ) On this ,.,~</~'~ day of ~_,~_~)/~, '~,,M2002, before me, a Notary PubLic in and for the State of Iowa, persona'ffy appeared Chades W. Ruppert to me known to be the person who executed the foregoing instrument in behalf of Marie Ruppert, Maxine Ruppert, Robert L Ruppert, Katherine C. Hogan, Eugene J. Hogan, Betty C. Ruppert, Cleldon F. Ruppert, Herman G. Ruppert, Betty L. Ruppert and. Richard H. Ruppert, and acknowledged that he executed the same as the voluntary act and deed of said Marie Ruppert, Maxine Ruppert Robert L. Ruppert, Katherine C. Hogan, Eugene J. Hogan, Betty C. Ruppert, Cleldon F. Ruppert, Betty k Ruppert, Herman G. Ruppert and Richard H. Ruppert otary Public in and for the State of Iow~ I~ ~ILEANNE M. scHvw~n.GI I~,~, ~¢lComrnl~on Nurnber 224873I STATE OF FLORIDA ) 72 '= I ) SS; COUNTY OF CHARLOTTE) On this __ day of ~ 2002, before me, a Notary Public in and for the State of FlY, da, ~ersonally appeared Dean C Cooper, to me known to be the person who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. NOTARY PI~LtC STAT£ OF FLORID.6. COMMr, S~ON NO. CC~0~ ~/Notary Public ih~-d f~ the-~tate/~ Florida STATE OF FLORIDA ) ) SS: COUNTY OF CHARLO'CI'E) On this~3.~.__ day of 2002, before me, the undersigned, a No-~ ~ublic in and for/said state, persOnally appeared Dean C. Cooper, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that such person, as such fiduciary, executed the same as the voluntary act and deed of such person and of such fiduciary. Notary Public in/and'for [~e Sta~te of Florida STATE OF IOWA SS: JOHNSON COUNTY On this day of ,2002, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) No. passed by the City Council, on the day of ., 2002, a~nd that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Prepared by: Karen Howard, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 CONDITIONAL ZONING AGREEMEI THIS AGREEMENT is made by and between the City Iowa, a Municipal. )oration (hereinafter "City") Ruppert, ~band and-wife, Richard H. Ruppert, a ~ Robert L. Ruppert laxine Ruppert, husband and wife. C. Hogan and Eugene Ho( husband, Cleldon F. R )err, Herman G. Ruppert and Betty Lou Ru husband and wife and Dea~ Cooper as Executor of the Estate V. Cooper (hereinafter "~ WHEREAS, Owners, legal title property legally described below; and WHEREAS, the perty and critical slopes and wooded ravines, is directly a a Iow ~ lie family zone, and contains few pedestrian links north and ~r destinations; and WHEREAS, the Southwest a component of the City's Comprehensive Plan, Low-Density Multi-Family zoning for portions of the subject prope ,r~,consideration for RM-20, Medium Density Multi-Family zoning, ~ditions are met to satisfy public needs directly caused by the RM- zoning ~nation; and / WHEREAS, the City is q0nsidering a portion of the Owners' property located north of Highway 1 and west r Avenue from High Density Multi- Family (RM-44) to Medium Density Multi-Fa ly (RM-20) (hereinafter"Tract 1"); and / WHEREAS, the C.j~y is considering rezon~r ion of the Owners' property located north of !~ighway 1 and west , ~ from Community ~,o, mmercial (C(~-2) to Medium Density Multi-Famil M-20) (hereinafter "Tract 2 ); and / WHEREAS, ~e City is considering rezoning a portion Owners' property located nort~ of Highway 1 and west of Miller Avenue Single FamJly (RS-8) to Community Commercial (CC-2)(I ); and ,/ / WHERE~S, iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable conditions with rezoning approvals, over and above existing regulatiobs, in order to satisfy public needs directly caused by the zone change; and WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to address issues of compatibility with the ad le family neighborhood located north and west of the subject property in the Southwest District Plan, to provide adequate prevent traffic congestion along local streets, to provide important pedE links between neighborhoods, and to ensure appropriate developn environmentally sensit~' property located along Highway ~ortant entranceway into Iow~itg; WHEREAS, the Owner l~as agreed to develop and us ~perty in accordance with the term~ and conditions of this Co~ Zoning Agreement to address the above referenced issues. NOW, THEREFORE, in consideration of mutu~ contained herein, the Parties agree as follows: ', 1. Charles W. Ruppert and /larie Ru husband and wife, Richard H. Ruppert, a single person Maxine Ruppert, husband and wife, Katherirke C. and Eugene Hogan, wife and husband, Cleldon F. G. Ruppert and Betty Lou Ruppert, husband and wife and Dean 3er as Executor of the Estate of Rosamond V. Cooper are t and legal title holders of approximately 11.6 acres north of State Highway No. 1 and west of Miller Avenue, is more particularly described as follows: Tract I (RM-.44, High ~ily, to RM-20, Medium Density Multi-Family) Commencing at the t, Corner of Southeast Quarter of Section 16, Township 79 North, Range 6 V of the 5th ,; Thence S00°30'48'~/, along the West Line of said ', feet; Thence N89°52'33'~N, 337.07 feet, to the Manor in Plat Book 22, at Page 22, of the records of the J( , Recorder's which is the point of beginning; Thence N89°59'59"W, recorded bearing along the Line of said Benton Manor), 421.42 feet, to the So which the Southeast Corner of Lot 25, of Weeber's ' fird Addition of Iowa City, Iowa, Plat Book 9, at Page 14, of the Records , Recorder's Thence S89°,44'56"W, along the South Line bf said Lot 25, 225.28 feet; 327.98 feet to the Southwest Corner of I/or 24 of Weeber's Third Addition to Iowa; Thence S00°13'05"W, 161.77 feet to the Northeast Corner of the Southeast Jarter, of the Northwest Quarter, of the SoUthwest Quarter of Section 16, Townsh rth, Range 6 West of the 5th Principal'Meridian, as recorded in Plat Book 9, of the Records of the Johnson Coun~ Recorder's Office; Thence S00°06'07"W, 468.18 Thence N57°55'37"E along the Northeasterly Right-of-Way Line of Iowa Primary 1,369.85 feet, to a point which is 190.00 feet, radially distant Northwesterly of ~er,n~Station 146+10; Thence N71°35'52"E along said Northeasterly Right-of-Way Line, 696.87~feet; Thence N00 30 48 E, 211.15 feet to the point of beginning. Tract 2: (CC-2, Community Commercial, to RM-20, Medium-Density Multi-Family) Commencing at the Northwest Corner of the Southeast 16, Township 79 North, Range 6 West, of the 5th Principal Meridian , along the West Line of said Southeast Quarter, 493.66 feet to the po of beginning; Thence N89°52'33"W, 337.07 feet, to the Manor, as recorded in Plat Book 22, ; records of the Johns Recorder's Office; Thence S00~30'48'~/V, to a point on the NortheHy hr-of-Way Line of Iowa Primary Road No. 1; f 335.95 feet alor ' Right-of-Way Line of said Iowa Primary Road Nc 1; Thence Northerly 168.2: the point of beginning. Tract 3: (RS-8, Mediul Density Single Fami CC-2, Community Commercial) Commencing Quarter of Section 16, Township 79 North, Range 6 West pal Thence S00°30'48"W, along the West Line of said ' ~; Thence S89°52'33"E, 542.11 feet; lence S02°3( 115.92 feet; Thence N89°52'33"W, 548.21 feet, to a point on ;)uarter; Thence N00°30'48"E, along said West Line, . Said Tract of land contains 1.5 acres, more or less ) easements and restrictions of record. 2. In consideration of the Ci' the subject property as described above, the Owners agree and above City regulations in order to ens~ ~ that any future multi-family development is consistent with the District Plan, is sensitive to the topography of the property, is develo a manner that is sensitive to the adjacent single family neighborh~'od,~revent additional traffic on Harlocke Street, a local street, ,WI'II the opportunity for important pedestrian links between neighborhoods, adjacent commercial areas, will ensure th~ 1 the development are adequate to support traffic , commercial and medium density multi-family development, are appropriate traffic circulation and emergency vehicle access. 3. In consideratiqn of the City's rezonin ~ubject property as described above, the OWners agree that the use )ment of the subject property will Conform to all of the req~ of the Iowa City Zoning Ordinance, .as applicable, as well additional conditions: a. Prior td any development of the subject propEthe Owner shall submi~ an OPDH plan for review and approval City ordin/ances. The OPDH plan shall address the ~ ;nts and conditions outl~ed in this Agreement; and b.Vehicular access to the subject property will not be Harlocke Street; and c. A 100-foot buffer area will be maintained along the western property line of Tract 1 to provide adequate separation between single family/j zoning and larger multi-family buildings and parking lots. The first f~ty feet from the property line shall remain landscaped open space f~e of buildings and parking areas. Landscaped parking lots and b~d,dlngs no greater than 25 feet in height may be established within the 1.,~'0-foot buffer area betwe~en 50 feet and 75 feet from the western p,r~perty boundary of Tract~1. Landscaped Parking lots and buildin/ds no greater than 60 feet in heigt~t may be approved as part of the O,!~)H plan within the 100-foot b~ffer area between 75 feet and 10/~ feet from the western boundary of ~act 1; and d. The property will be de~(eloped in a manner that is'sensitive to the topography, with buildin{~s located in a manner,~at will mininY~ze disturbance to critical slopes. To minimize im, la'ervious surface, at least 75 percent of the required~parking must be provided underneath the buildings; and e. Access to the property will :ted from the IDOT-approved access point along Highway directly across from Ruppert Road. The City will cooperate with the in their efforts to obtain appropriate IDOT approval for upgrades ~e access point to serve the development; and f. If, based on the City's trip g, model, streets within the development will carry more than ) vehicle trips per day, such streets shall be desig~ in accordance with City specifications for collector streets~ding provisions for pedestrian facilities. Exceptions t¢ ;ign standards may be approved by the Director of PlanningCommunity Development if warranted based on the private nat~ I function of the street. g. If, due to the'i'ntensity of development on subject property, a traffic signal and ~turn lanes are warranted at the ighway 1 / and Rup~Tert Road, the owner of the property ust at that time contribL~t'e funds to pay for any ID~Hired 9rsection improyements and funds equal to ~ traffic signal and asso~ated installation costs; and h. A public or private street must be stubbed line of Tract 1 in a location to be determined by the City of ~,City; and i. If and until a street connection is made to the west, a turnaround must be constructed and maintained to standards that will accommodate fire apparatus and emergency vehicles; and j. ^ public access and fire apparatus access easement will be granted over and across all private streets within any future 3ment; k. The emergency icle access easement must north property line at a location to by the City. This access )rovide emergencyvehi¢ access to the property in the event primary access Highway 1 is blocked. The must remai of structures and any landscaping )at might ~ency access. The location for said be determine during the OPDH process. I. A 15' wide will be granted to allow the opportunity for a ped~ generally along the Owners' northern and Tract 2 from the end of Harlocke Street eastward and northward following the Owners' western boundary of Tract 3 to ~pportunity for the eventual connection to the public park ,~ located along Benton Street near its intersection with maintain public safety, views to and from the pedestrian trai ~aintained. Fences, walls, or planted vegetation and from the trail shall not be permitted along the and m. A 15' wide pedestrian Walkway easeme~ will be granted from the property's northern b~undary of Tract 2 :nerally southward to connect with the street on the public access to Highway 1. This easemE trail easement described in paragraph I., above. n. A 15' wide pedestrian walkway easement granted from the northern prop,~rty boundary of Tract 1 at the end of Harlocke Street and eX'tending" ~, , southward the western boundary of'Tract 1 to end of the property adjacent t? the Highway 1 right-of-way. / o. The grar¢ of pedestrian easements described in )hs I, m., and n., abovb, does not represent an obligation on the ' owner's part to construct pedestrian trails. However, this ~ should not be construed in a manner that exempts the property owner from constructing adequate pedestrian facilities to serve development on the subject property. 4 The OPDH plan review and approval process outlined in paragraph 3.a. above shall not supplant any other approval required pursuant to Iowa Law or Iowa City Ordinances, such as the Iowa City Sensitive Areas Ordinance, if applicable. 5 The the conditions contained herein are reasonable conditions to im the land and under Iow~ Code 414.5 (2001), and that said public needs that a caused by the zoning 6 The Owners acknowledge that the event any porti¢ subject property is transferred, sold, re(~ veloped, all development and redevelopment will conform the terms of Conditional Zoning Agreement. 7 The Parties acknowledge that this ~g Agreement will be deemed to be a covenant running, and with title to the land, and shall remain in full force an( covenant running with the title to the land unless or until released 3rd by the City. The Parties further acknowledge that inure to the benefit of and bind all successors, re[ ns of the Parties. 8 Owners acknowledge that nothi~ reement will be ~plying with all applicable local, state and federal regu 9 The Parties agree that thi~Conditional Z~ning Agreement will be incorporated by referent, into the Ordinance rezoning the subject property and that uporyadoption and publi~iation of the Ordinance, this Agreement will be,r~C'Orded/in the Johnson~ounty~ Recorder's Office. Dated this //f day of ~' , 2002. (owner's' names) '~ CiTY OF IOWA CITY By:. Ernest W. Lehman, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of the undersigned, a Notary Public in and for said County, personally appeared (owners), to me known to be the in and who executed the within and foregoing instrument, ged that they executed the same as their voluntary act and deed. Jblic in and for the State of Iowa STATE OF IOWA ) ) ss: / JOHNSON COUNTY ) // On this day of / , the undersigned, a Notary Public in and for sai~ County, in saidpersonally appeared Ernest W. Lehman and Marian K/Karr, to me known, and who, being by me duly sworn, did say that they are the Clerk, respectively, of the City of Iowa City, IowaLihat the seal affixed)regoing instrument is the corporate seal of the cOrporation, was signed and sealed on behalf of the corporation, by authority of its City ~uncil, as contained in (Ordinance) No.__,___ passed by the City Council )n the day of ,20(:~2, and that Ernest W. Lehman arian K. Karr acknowledged th/~ execution of the instrument voluntary act and deed and the volunta~ act and deed of the corporation, by it executed. Notary Public in and for the of Iowa STAFF REPORT To: Planning and Zoning Commission Prepared by: Karen Howard Item: REZ02-00013 Date: August 1, 2002 GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Contact Person: Karen Howard Department of Planning and Community Development 410 E. Washington Street Iowa City, Iowa 52240 (319) 356-5251 Requested Action: Rezoning of three parcels as follows: 8.69 acres from High Density Multi-Family (RM ,!.-!.) to Low Density Multi-Family (RM-12); 1.45 acres from Community Commercial (CC-2) to Low Density Multi-Family (RM-12); 1.45 acres from Medium Density Single Family (RS-8) to CC-2. Location: North of Highway 1 and west of Miller Avenue (See location map and legal description) Size: 11.59 acres Existing Land Use and Zoning: Undeveloped; RM-44, CC-2, and RS-8 Surrounding Land Use 'and Zoning: North: Medium to High Density Multi-Family; RM-44 and single family residential; RS-8 South: Highway 1, commercial south of the Highway; CC- 2, C1-1 East: Commercial and single family residential; CC-2 and RS-8 West. Single family residential; RS-5 Comprehensive Plan: Proposed Southwest District Plan designates this area for Iow density multi-family uses and commercial uses and includes a buffer area between the single family residential neighborhood to the west and specifies access to the property from Highway 1. File Date: July 22, 2002 BACKGROUND INFORMATION: The property proposed for rezoning is owned by the Ruppert family and was a part of their odginal farm. 2 It has never been developed for urban uses. Approximately 3.4 acres at the corner of Highway 1 and Miller Avenue has been zoned for commercial uses since the 1960's and is currently zoned Community Commemial (CC-2). The portion of the property along Miller Avenue is currently zoned Medium Density Single Family (RS-8). The 8.69-acre parcel located at the end of Hadocke Street and south of the Benton Manor apartments and the recently developed Southgate property has been zoned High Density Multi-Family (RM-44) since the City completed a comprehensive rezoning in 1983. Prior to that time, the property was zoned R1A, which was a single family zone allowing approximately 4 dwelling units per acre, similar to the City's current RS-5 zone. The high density (RM-44) zoning south of Benton Street has been the subject of discussion and dissension over the last twenty years. The rugged topography, difficult access issues, and lack of transition between high density and Iow density zoning have prompted several down-zoning efforts. The most recent downzoning attempt was initiated by the City in 1993. However, negotiations between the property owners and the surrounding neighborhood residents reached a stalemate. The City Council was reluctant to take action without a consensus between these groups, and therefore tabled the request. A rezoning effort in 1984 resulted in a similar stalemate. Prompted by recent development and redevelopment of multi-family properties south of Benton Street, a number of residents in the area requested that the City re-examine the zoning pattern once again. As a consequence, the City Council placed a development moratorium on property in the area, so that the zoning issues could be carefully examined through the distdct planning process. Over the last year staff from the Department of Planning and Community Development have worked with citizens to develop a comprehensive plan for the Southwest District. As a part of this planning effort, a group of citizens agreed to work with City staff to develop a concept plan for the remaining undeveloped property south of Benton Street. The Southwest District Plan is currently before the Planning and Zoning Commission for consideration and includes zoning recommendations for this area based on the topography, surrounding development, and access issues. The City is initiating the rezoning recommended in the Southwest District Plan at this time, since the development moratorium will expire on September 1,2002. ANALYSIS: There are three different tracts submitted for rezoning. Please refer to the attached map. For identification purposes, we have designated the property currently zoned RM-44 as Tract 1. Tract 2 is the property directly east of Tract 1 that is currently zoned CC-2. Tract 3 includes 1.5 acres located north of the existing commercial property, which is currently zoned RS-8. Each of these tracts is analyzed separately, below. Tract 1: Rezoning from High Density Multi-family (RM-44) to Low Density Multi-family (RM-12) Existing Zoning: The RM-44 zone allows one dwelling unit for every 1,000 square feet of lot area, or about 44 units per acre. in general, high density muLti-family development should have direct access to an arterial street, have good access to public transit and/or be within walking distance of major destination points and not be located in areas that will have negative environmental impacts. Results of the study conducted during planning for the Southwest District indicate that RM-44 zoning is unrealistic and inappropriately high for this property. The property contains steep and critical slopes and two wooded ravines, which will make development difficult. Access to the property is also problematic at this time due to the steep grade from Highway 1 and the existing traffic concerns along Harlocke Street. The property is also directly adjacent to a single family zone and concerns have been expressed about a lack of transition between high density uses permitted in the RM-44 zone and the Iow density uses intended for the RS-5 zone. Each of these issues is described in more detail below. Topoqraphy - The property consists of a south-facing hillside with some steep and critical slopes. The elevation of this hillside is such that it offers unobstructed views of the Iowa River valley to the south. A wooded ravine separates the RM~44-zoned area approximately in the middle. The property is adjacent to the Highway 1 right-of-way, which slopes steeply from the edge of the Ruppert property down to Highway 1. Any development proposal will have to subtract out areas for streets, pedestrian facilities, and storm water management facilities and as well as areas that are too steep or environmentally sensitive to develop, which leaves only about half of the property for buildings and parking. Due to the steep and rugged topography, it would be extremely difficult to develop this property at RM-44 densities without substantial disturbance of the slopes and wooded ravines. Development at this density would require large, level building pads and large amount of space for the required parking, unless that parking were built underneath the buildings. Covering this steep hillside with a large amount of impervious surface would also likely result in problems controlling stormwater run-off. Access - The property currently has no approved access from an arterial street. Harlocke, a local street, dead ends at the property's northern border. There are a number of problems associated with using Harlocke Street as access to the Ruppert property. Harlocke Street is a local street that serves as primary access to a number of apartment buildings and also to single family homes. It connects to Weeber Street, which is another local street that serves the adjacent single family neighborhood. Traffic from any new multi-family development on the Ruppert property would have to flow through the single family neighborhood before reaching Benton Street, the nearest arterial street to the north. Estimates of traffic along Harlocke Street indicate that the existing development along the street generates traffic at a rate of 500 or more trips per day, the City's local street traffic threshold, beyond which a second means of access should be provided. Connecting Harlocke Street to Edingale Drive to provide a second means of access would be problematic. Such a connection would likely result in additional northbound traffic on Harlocke and Weeber Streets as apartment residents travel to central destinations, such as downtown Iowa City and the University of Iowa, located north and east of this area. For the reasons stated above, access to any new multi-family development on the Ruppert property should be provided from Highway 1 rather than from Harlocke Street. Currently there is no IDOT - approved access to Tract 1 from Highway 1, although it is possible to share the IDOT-approved access located on the adjacent CC-2 zoned property to the east. Alternatively, staff suggests that a portion of the commercially zoned property to the east be rezoned to multi-family residential (Tract 2) so that the approved driveway access is located on the multi-family tract. If the density of future development on the Ruppert property is such that a second means of access is needed, the use of Harlocke Street can be avoided by providing a second connection to Highway 1 through the property currently owned by Tim Russell, located directly to the southwest of Tract 1. If Tract 1 is developed for multi-family uses, pedestrian connections should also be considered. Major destination points, including the University of Iowa campus and downtown Iowa City are all located north of the property. In addition, all of the neighborhood open space is located north and east of the property. Given that there will be no north-south street connections in this area, a pedestrian trail connecting this property to the neighborhood parks, adjacent public open space, and to Benton Street will be important. Surroundin.q Development - The property is bounded on the north by multi-family housing developed at an average density of approximately 26 units per acre. Directly to the west is an area zoned for Iow density, single family development. Existing single family homes front on Harlocke Street, Weeber Street, and Weeber Circle. A lack of transition between the Iow density single family zone and the high density multi-family zone has been problematic. The large parking lots, bright lights, and traffic associated with high density development as well as the bulk and scale of multi-family buildings have caused concern among the single family residents along Harlocke, Weeber, and Weeber Circle. 4 Any development on the western portion of the Ruppert property should be designed to buffer higher density uses from the lower density uses to the west. Such a buffer will be difficult to achieve if the property is developed at RM-44 densities. To the east, the RM-44 zoned parcel is bounded by property zoned Community Commercial (CC-2). This CC-2 parcel is also undeveloped. A wooded ravine provides a logical dividing line between the commercial property and the residential property. However, the existing zone line is located approximately 150 to 200 feet to the west of the ravine. It would be logical to move the zone line east to the edge of the ravine to provide a better transition between the residential and commercial zones. Proposed Rezoninq - Given the rugged topography, access issues, and lack of a transition between higher density and lower density zoning in the area, RM-44 zoning is inappropriate for this property. To avoid extensive grading and the need for large retaining wails, the property should be down- zoned. The RM-12 Zone allows one dwelling unit per 2,725 square feet, approximately 12-15 units per acre. According to the study conducted for the Southwest District Plan, it may be possible to achieve this density by working with the natural topography and clustering the development in areas so that grading of steep and critical slopes is minimized. Even at this lower density it may be necessary to build a portion of the parking underneath the buildings rather than on surface lots in order to remain sensitive to the environmental features of the site. The study indicates that it may be possible to achieve RM-20 densities (approximately 16-24 units per acre) on this property if the site is carefully designed and parking is structured or provided underneath the buildings rather than in large surface parking lots. The Commission should note that while downzoning the property may reduce the incentive to maximize the size of the building pads by grading extensively and building large retaining walls, it will not ensure that the property is developed in a manner that is sensitive to the surrounding neighborhood and the topography. Nor will it ensure that pedestrian connections are integrated into the site design so that current and future residents have a means to walk to and from major destinations, such as the University, downtown Iowa City, and nearby commercial areas. Given the uncertainty of the eventual site design, staff recommends the lower RM-12 zoning designation. If, however, the property owner agrees to a conditional zoning agreement that ensures that future development is sensitive to the natural topography and is designed with appropriate buffering, pedestrian amenities, and vehicular access, staff would support a zoning designation of RM-20. If the property is zoned RM-20, the following elements should be included in a conditional zoning agreement between the City and the property owners: · Vehicular access to the property should not be permitted from Harlocke Street. Access to the property should be established from the IDOT-approved access point along Highway 1 directly across from Ruppert Road; · A buffer area should be maintained along the western property line to provide adequate separation between single family houses and larger multi-family buildings and parking lots. · The property will be developed in a manner that is sensitive to the topography. To minimize impervious surface, the majority of required parking should be provided underneath the buildings; · A street should be stubbed to the property line between the Tract 1 and the property located directly to the west, currently owned by Tim Russell. If and until a street connection is made to the Russell property, a turnaround should be constructed and maintained to standards that will accommodate fire and emergency vehicles. · If, due to _the intensity of development on the subject property, a traffic signal is warranted at the intersection of Highway 1 and Ruppert Road, the owner of the property at that time should contribute funds equal to half the cost of installing a traffic signal; · A public and fire apparatus access easement should be maintained over all private streets within any future development; · A 20' wide pedestrian walkway easement should be granted in order to allow the opportunity for a pedestrian trail to be constructed generally along the Owners' northern property line from the end of Harlocke Street eastward and then northward following the Owners' property line to connect to the public park space located along Benton Street near its intersection with Miller Avenue. To maintain public safety, views to and from the pedestrian trail should be maintained. Fences, walls, or hedge-type vegetation that effectively obstruct views to and from the trail should not be permitted along the pedestrian easement. · In order to establish important pedestrian links between the property and destinations to the north and also to provide a link for pedestrians traveling south to the commercial areas along Highway 1, a 20' wide pedestrian walkway easement should be granted from the property's northern boundary at Harlocke Street southward to connect with a street on the property that provides public access to Highway 1; Tract 2: Rezoning from Community Commercial (CC-2) to Low Density Multi-family (RM-12) As mentioned above, this portion of the commercially zoned property contains a steep, wooded ravine. It also has an IDOT-approved access point off of Highway 1. As mentioned above, it would be logical to use the ravine as a natural boundary between residential development and commercial development. Moving the zone boundary to the east side of the ravine would also provide the multi- family property direct access to an arterial street. Staff recommends rezoning this tract from CC-2 to RM-12. Alternatively, if the property owners sign a conditional zoning agreement that ensures that the property will be developed in the manner described above, staff recommends that the property be rezoned to RM-20. Tract 3: Rezoningfrom Medium DensitySingle Farnily(RS-8) toCommunibjCorn~ (CC-2) From the attached map, one can see that the vacant commercially zoned property consists of a shallow strip along Highway 1. It currently includes two IDOT-approved access points off of the highway. If the suggested rezoning of Tract 2 is approved, the property would include only one access point, which would be adequate for the size of the property. Over the years, the property owner has indicated that the configuration of the property makes the resulting commercial lots relatively shallow, which restricts the possible uses for this property. Staff concurs with this assessment. Deeper lots would provide space for required parking, pedestrian amenities and for attractive landscaping along this entry corridor to the City. Since the comprehensive plan designates this area as appropriate for commercial development, moving the zone boundary north to provide the opportunity for deeper commercial lots may be warranted. The resulting zone change will increase the depth of the property to coincide with the depth of the commercial property located at the corner of Miller Avenue and Highway 1. The property to the north is currently zoned for medium density single family uses. Squaring off the 6 zoning boundary will provide for a more even transition between the single family zone and the commercial zone. In addition, providing deeper commercial lots will also allow adequate space for a landscaped noise and sight buffer between commercial development and future residential development. Staff also notes that it will be important to provide the opportunity for a pedestrian trail along the western edge of Tract 3. This portion of the trail will connect to Tracts 1 and 2 on the west as mentioned above and also extend to the north to its terminus at Miller-Orchard Park located on Benton Street. Since there are few north-south street connections in the area, providing for a trail will allow local residents to walk in a more direct route to and from this commercial area. Any conditional zoning agreement should include a provision for such a pedestrian walkway easement. STAFF RECOMMENDATION: Staff recommends that REZ02-00013 be approved as follows: · Rezone an 8.69-acre property located north of Highway 1 and west of Miller Avenue from High Density Multi-Family Residential (RM-44) to Low-Density Multi-Family Residential (RM-12) or Medium Density Multi-Family (RM-20) with a conditional zoning agreement; · Rezone a 1.45-acre property located north of Highway I and west of Miller Avenue from Community Commercial (CC-2) to Low Density Multi-Family Residential (RM-12) or Medium Density Multi-Family (RM-20) with a conditional zoning agreement; and · Rezone a 1.45-acre property located north of Highway 1 and west of Miller Avenue from Medium Density Single Family (RS-8) to Community Commercial (CC-2) with a conditional zoning agreement. ATTACHMENTS: 1. Location Map Approved by: ,/~ ~/' Robert Miklo, Senior Planner, Department of Planning and Community Development ~1 I®1 ROOSEVELT p ~ SCHOOL · EI BENTON 8 i HARRLOCKE ~ -- MILLER Doug ~---~ ORCHARD 5 CI 1 SITE LOCATION: Ruppert Property REZ02-O0013 Appendix C MORATORIUM AREA CONCEPT PLAN The high density (RM-44) zoning south of Benton Street has been the subject of discussion and dissension over the last twenty years. The rugged topography, difficult access issues, and lack of transition between high density and Iow density zoning have prompted several down-zoning efforts. The most recent downzoning attempt was initiated by the City in 1993. However, negotiations between the property owners and the surrounding neighborhood residents reached a stalemate. The City Council was reluctant to take action without a consensus between these groups, and therefore tabled the request. A rezoning effort in 1984 resulted in a similar stalemate. Prompted by recent development and redevelopment of multi-family properties south of Benton Street, a number of residents in the area requested that the City re-examine the zoning pattern once again. As a consequence, the City Council placed a development moratorium on property in the area, so that the zoning issues could be carefully examined through the Southwest District planning process. As a part of this planning effort, a group of citizens, which included neighborhood residents and properly owners, agreed to work with City staff to work to resolve contentious zoning issues in this area. Based on input from this group and from the larger Southwest District planning workshops, staff developed the a conceptual plan for the undeveloped properties within the moratorium area. The important elements of this plan are illustrated on the attached map, which was developed by Steven Ford, a landscape architect with Shoemaker & Haaland Professional Engineers. The properties examined during this process ara owned by the Ruppert family. These properties are a part of their original family farm. They have never been developed for urban uses. Approximately four acres at the corner of Highway 1 and Miller Avenue have been zoned for commercial uses since the 1960's and is currently zoned Community Commercial (CC-2). The portion of the property along Miller Avenue is currently zoned Medium Density Single Family (RS-8). The approximately 9-acre parcel, located at the end of Harlocke Street and south of the Benton Manor apartments and the recently developed Southgate property, has been zoned High Density Multi-Family (RM-44) since the City completed a comprehensive rezoning in 1983. Prior to that time, the property was zoned R1A, which was a single family zone allowing approximately 4 dwelling units per acre, similar to the City's current RS-5 zone. Each of these parcels of land are analyzed separately below. Land zoned High Density Multi-Family (RM-44) Existin.q Zonin¢l: The RM-44 zone allows one dwelling unit for every 1,000 square feet of lot area, or about 44 units per acre. In general, high density multi-family development should have direct access to an arterial street, have good access to public transit and/or be within walking distance of major destination points and not be located in areas that will have negative environmental impacts. Results of this study indicate that RM-44 zoning is unrealistic and inappropriately high for this property. The property contains steep and critical slopes and two wooded ravines, which will make development difficult. Access to the property is also problematic at this time due to the steep grade from Highway 1 and the existing traffic concerns along Harlocke Street. The property is also directly adjacent to a single family zone and concerns have been expressed about a lack of transition between high density uses permitted in the RM-44 zone and the Iow density 07/26/02 Southwest District Plan Appendix C Appendix C uses intended for the RS-5 zone. Each of these issues is described in more detail below. Topoqraphy - The property consists of a south-facing hillside with some steep and critical slopes. The elevation of this hillside is such that it offers unobstructed views of the Iowa River valley to the south. A wooded ravine separates the RM-44-zoned area approximately in the middle. The property is adjacent to the Highway 1 right-of-way, which slopes steeply from the edge of the Ruppert property down to Highway 1. Any development proposal will have to subtract out areas for streets, pedestrian facilities, and storm water management facilities and as well as areas that are too steep or environmentally sensitive to develop, which leaves only about half of the property for buildings and parking. Due to the steep and rugged topography, it would be extremely difficult to develop this property at RM-44 densities without substantial disturbance of the slopes and wooded ravines. Development at this density would require large, level building pads and large amount of space for the required parking, unless that parking were built underneath the buildings. Covering this steep hillside with a large amount of impervious surface would also likely result in problems controlling stormwater run-off. Access - The property currently has no approved access from an arterial street. Harlocke, a local street, dead ends at the property's northern border. There are a number of problems associated with using Harlocke Street as access to the Ruppert property. Harlocke Street is a local street that serves as primary access to a number of apartment buildings and also to single family homes. It connects to Weeber Street, which is another local street that serves the adjacent single family neighborhood. Traffic from any new multi-family development on the Ruppert property would have to flow through the single family neighborhood before reaching Benton Street, the nearest arterial street to the north. Estimates of traffic along Harlocke Street indicate that the existing development along the street generates traffic at a rate of 500 or more trips per day, the City's local street traffic threshold, beyond which a second means of access should be provided. Connecting Harlocke Street to Edingale Drive to provide a second means of access would also be problematic. Such a connection would likely result in additional northbound traffic on Harlocke and Weeber Streets as apartment residents travel to central destinations, such as downtown Iowa City and the University of Iowa, located north and east of this area. For the reasons stated above, access to any new multi-family development on the Ruppert property should be provided from Highway 1 rather than from Harlocke Street. Currently there is no iDOT - approved access to the RM-44 zoned property from Highway 1, although it is possible to share the IDOT-approved access located on the adjacent CC-2 zoned property to the east. Alternatively, staff suggests that a portion of the commercially zoned property to the east be rezoned to multi-family residential so that the approved driveway access is located on the multi-family tract. If the density of future development on the Ruppert property is such that a second means of access is needed, the use of Harlocke Street can be avoided by providing a second connection to Highway 1 through the property currently owned by Tim Russell, located directly to the southwest of the Rupperts' property. If this property is developed for multi-family uses, pedestrian connections should also be considered. Major destination points, including the University of Iowa campus and downtown iowa City are all located north of the property. In addition, ali of the neighborhood open space is located north and east of the property. Given that there will 07/26/02 Southwest Distdct Plan Appendix C Appendix C be no north-south street connections in this area, a pedestrian trail connecting this property to the neighborhood parks, adjacent public open space, and to Benton Street will be important. Surroundinq Development - The property is bounded on the north by multi-family housing developed at an average density of approximately 26 units per acre. Directly to the west is an area zoned for Iow density,, single family development. Existing single family homes front on Harlocke Street, Weeber Street, and Weeber Circle. A lack of transition between the Iow density single family zone and the high density multi-family zone has been problematic. The large parking lots, bright lights, and traffic associated with high density development as well as the bulk and scale of multi-family buildings have caused concern among the single family residents along Harlocke, Weeber, and Weeber Circle. Any development on the western portion of the Ruppert property should be designed to buffer higher density uses from the lower density uses to the west. Such a buffer will be difficult to achieve if the property is developed at RM-44 densities. To the east, the RM-44 zoned parcel is bounded by property zoned Community Commercial (CC-2). This CC-2 parcel is also undeveloped. A wooded ravine provides a logical dividing line between the commercial property and the residential property. However, the existing zone line is located approximately 150 to 200 feet to the west of the ravine. It would be logical to move the zone line east to the edge of the ravine to provide a better transition between the residential and commercial zones. Suqqested Rezoninq - Given the rugged topography, access issues, and lack of a transition between higher density and lower density zoning in the area, RM-44 zoning is inappropriate for this property. To avoid extensive grading and the need for large retaining walls, the property should be down-zoned. The RM-12 Zone allows one dwelling unit per 2,725 square feet, approximately 12-15 units per acre. As illustrated on the attached maps, it may be possible to achieve this density by working with the natural topography and clustering the development in areas so that grading of steep and critical slopes is minimized. Even at this lower density it may be necessary to build a portion of the parking underneath the buildings rather than on surface lots in order to remain sensitive to the environmental features of the site. It may be possible to achieve RM-20 densities (approximately.16-24 units per acre) on this property if the site is carefully designed and parking is structured or provided underneath the buildings rather than in large surface parking lots. It should be noted that while downzoning the property may reduce the incentive to maximize the size of the building pads by grading extensively and building large retaining walls, it will not ensure that the property is developed in a manner that is sensitive to the surrounding neighborhood and the topography. Nor will it ensure that pedestrian connections are integrated into the site design so that current and future residents have a means to walk to and from major destinations, such as the University, downtown Iowa City, and nearby commercial areas. Given the uncertainty of the eventual site design, staff recommends the lower RM-12 zoning designation. If, however, the property owner agrees to a conditional zoning agreement that ensures that future development is sensitive to the natural topography and is designed with appropriate buffering, pedestrian amenities, and vehicular access, a zoning designation of RM-20 may be reasonable. 07/26/02 Southwest District Plan Appendix C Appendix C Land zoned Community Commercial (CC-2) Existina Zonina - From the attached map, one can see that the vacant commercially zoned property consists of a rather shallow strip along Highway 1. This parcel is zoned Community Commercial, the City's general retail commercial zone. Given that uses in this zone may generate considerable traffic, access to a major thoroughfare is important. While this property seems well-situated for commercial development, the property owners have indicated that the configuration of the property makes the resulting commercial lots relatively shallow, which restricts the possible uses for this property. Deeper lots would provide additional space for required parking, pedestrian amenities and for attractive landscaping along this entry corridor to the City. Topoqraphy - The portion eastern portion of the subject property is relatively flat, sloping gently from the northwest to the southeast. The western portion contains a steep, wooded ravine. It would be logical to use the ravine as a natural boundary between the multi-family zone to the west and this commercial zone. However, the zone boundary is currently about 150 to 200 feet west of the ravine. Access - The commercially zoned property currently includes two IDOT-approved access points off of Highway 1; one at the intersection of Ruppert Road and Highway 1 and one further to the east next to Sobaski's Carpets. These driveways are currently unimproved farm access drives. They will have to be upgraded if the property is developed for commercial uses. During the Southwest District planning workshops, citizens stressed the importance of creating pedestrian links between local commercial areas and residential neighborhoods. Since there are few north-south street connections in the eastern part of the Southwest District, providing trail links should be even more of a priority. The Rupperts' commercial property along Highway 1 is well-situated to provide commercial services to the single family neighborhoods to the north and east and to any future residents of the multi-family property to the west. Therefore, it will be important to provide the opportunity for a pedestrian trail along the western edge of this property connecting it to the surrounding residential properties. Surroundinq Development - The property directly to the north is zoned RS-8, Medium Density Single Family. If this property is developed for commercial uses, it should provide a landscaped buffer to protect the nearby residential properties. Suqqested P, ezoninq - Since the comprehensive plan designates this area as appropriate for commercial development, moving the zone boundary north to provide the opportunity for deeper commercial lots may be warranted. The resulting zone change will increase the depth of the property to coincide with the depth of the commercial property located at the corner of Miller Avenue and Highway 1. In addition, squaring off the zoning boundary will provide for a more even transition between the single family zone to the north and this commercial zone. Providing deeper commercial lots will also allow adequate space for a landscaped noise and sight buffer between commercial development and future residential development. 07/26/02 Southwest District Plan Appendix C Appendix C As mentioned above, a zone boundary adjustment on this property's western edge may also be warranted. Moving the zone boundary to the east side of the ravine would provide a better transition between the multi-family zone to the west and this commercial property. This zone change would also provide the multi-family property direct access to an arterial street. Land Zoned Medium Density Single Family (RS-8) Existinq Zoninq - This property is currently zoned Medium Density Single Family (RS-8). This zone is intended to provide for the development of small lot single-family dwellings. Because this zone represents a relatively high density for single-family development, dwellings should be in close proximity to all City services and facilities, especially parks, schools and recreational facilities. Special attention should be given to landscaping and site development. Special provisions of this Zone permit dwellings with no side yard to accommodate attached single family dwellings, such as townhouses. Topoqraphy - The land slopes moderately from northwest to southeast. There are areas of mature woodland along the northern and western edge of the property. If developed, stormwater detention will be necessary. The most likely location for a detention basin is near the southeast corner of the property. Access - Property has frontage on Miller Avenue and Benton Street and is adjacent to the two-acre Miller-Orchard Park. Surroundinq Development - The property is surrounded on three sides by medium density single family zoning (RS-S). Miller-Orchard Park and Roosevelt Elementary School are located on Benton Street north of the Ruppert property. Su.q.qested Zonin~l - Given the surrounding zoning and development, this parcel is appropriate for medium density single family development. The property is close to City services, a commercial area, Roosevelt Elementary School and the newly acquired neighborhood parkiand. The existing RS-8 zoning designation is appropriate. The property may also be suitable for a planned housing development or PDH. A rezoning to PDH-8 would provide flexibility in architectural design, placement and clustering of buildings, use of open space, traffic circulation and parking in order to encourage the best use of the existing topography and promote an attractive and safe living environment compatible with surrounding residential development. This type of zoning is particularly suitable for infill sites in older residential areas such as the Miller-Orchard neighborhood. The attached mad illustrates one example of a planned development that would be compatible with the surrounding neighborhood. The plan shows single family and townhouse development facing a central common green space. Front doors and living space would front on the common area with garages located behind the dwellings on a u-shaped private drive with access to Miller Avenue. This new development should open out to Miller Avenue so that residents will have a connection to the existing neighborhood. An attractive single family development on this property would support the plan goal of stabilizing and revitalizing the surrounding Miller Orchard neighborhood. 07/26/02 Southwest District Plan Appendix C Appendix C Dedication of a certain amount of open space would be required with development of this property, whether as a conventional subdivision or a PDH. Additional park space is needed at the corner of Miller Avenue and Benton Street to provide attractive and safe pedestrian access to the existing Miller-Orchard Park. Depending on the amount of open space dedicated at this corner, there may be adequate land area to develop townhouses or single family homes that face the park with vehicular access allowed from the rear as shown on the concept map for this area. To increase the green pedestrian links within this area of the city, it will be important to reserve space for a trail between Miller-Orchard Park and the adjacent commercial area and to the public open space at the end of Harlocke Street. Concept Plan Maps The maps on the following pages illustrate the concepts and zoning recommendations described above. These maps provide an illustration of how the important goals and objectives for this part of the Southwest District might be accomplished. It should be noted that there are other site designs may be equally attractive for these properties as long as the design adheres to the underlying planning principles described in the analysis above. 07/26/02 Southwest District Plan Appendix C Med~ium Density Single Family RS-8 High Density Multi-family - RM-44 Community Commercial - CC-2 Medium Density Single Family RS-8 (Possible Planned Development) Low to Medium Density Multi- family (RM-12 or RM-20 with CZA) Community Commercial - CC-2 No Access from Pedestrian Trail Harlocke Street Buffer '~, ~ ~ Hwy 1 Access ,~..~,~\ Stormwater Detention Secondary Access through Russell Property Desired Area for Required Open Space Dedication (1 to 1.5 Acres) Garages 'off a Pedestrian Trail Private Rear Lane Homes Facing Interior Variety of Greenspace Housing Types Possible Stormwater Detention .~;~ Deeper Commercial Lots Prepared by: John Adam, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5236 ORDINANCE NO. AN ORDINANCE VACATING THE 100 BLOCK OF WEST HARRISON STREET RIGHT-OF-WAY AND A PORTION EXTENDING INTO THE FRONT STREET RIGHT-OF- WAY THEREOF; THAT PART OF HARRISON STREET BETWEEN THE FRONT STREET RIGHT-OF-WAY AND THE IOWA RIVER; THAT PART OF THE 100 BLOCK OF WEST PRENTISS BETWEEN THE WEST RIGHT-OF- WAY LINE OF MADISON STREET AND THE WEST RIGHT-OF-WAY LINE OF THE ALLEY IN BLOCK $ OF THE COUNTY SEAT ADDITION, EXTENDED; AND THE ALLEY RIGHT-OF-WAY IN BLOCK $ OF SAID COUNTY SEAT ADDITION WHEREAS, the applicant, the University of Iowa, has requested that the City vacate parts of Harrison and Prentiss Streets and an aIley between them in the area adjacent to Front and Madison Streets; and WHEREAS, the City does not regard these streets as crucial components of the general or local traffic circulation system; and WHEREAS, the University of Iowa has requested the vacation specifically for the development of property in Block 5 of the County Seat Addition; and WHEREAS, the University of Iowa has stated that it will improve the paving and landscaping in and around said Block 5 for its own and for civic purposes; and WHEREAS, it is in the City's interest to vacate said public right-of-way, or portions thereof, that may be a benefit to and be improved as a result of redevelopment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION: The City of Iowa City hereby vacates the rights-of-way legally described as follows: THE 80-FEET-WIDE HARRISON STREET RIGHT-OF- WAY FROM THE WEST RIGHT OF WAY LINE OF MADISON STREET TO THE EAST RIGHT-OF-WAY LINE OF FRONT STREET; ALL OF THE FRONT STREET RIGHT-OF-WAY LYING EAST OF THE ALLIANT TRANSPORTATION / CRANDIC RAILWAY RIGHT-OF- WAY AND BOUNDED ON THE NORTH BY THE NORTH RIGHT-OF-WAY LINE OF HARRISON STREET EXTENDED WESTERLY AND BOUNDED ON THE SOUTH BY THE SOUTH RIGHT-OF-WAY LINE OF HARRISON STREET EXTENDED WESTERLY; THE 80- FEET-WIDE HARRISON STREET RIGHT-OF-WAY LYING WEST OF FRONT STREET AND EAST OF THE IOWA RIVER; THE 80-FEET-WIDE PRENTISS STREET RIGHT- OF-WAY FROM THE WEST RIGHT-OF-WAY LINE OF Ordinance No. Page 2 MADISON STREET TO THE WEST RIGHT-OF-WAY LINE OF THE ALLEY IN BLOCK 5, COUNTY SEAT ADDITION, EXTENDED SOUTHERLY; THE 20-FEET-WIDE PUBLIC ALLEY RIGHT-OF-WAY IN SAID BLOCK 5 OF COUNTY SEAT ADDITION; TOGETHER CONTAINING 55,285 SQUARE FEET OR 1.27 ACRES, MORE OR LESS. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. 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 IV. 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. MAYOR ATTEST: CITY CLERK T:~oCD~John A~Ac~ive Files\VAC02-00004 ordinance.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: John Adam, planning intern item: VAC02-00004, Madison Street, Date: August 1, 2002 University of Iowa GENERAL INFORMATION: Applicants: University of iowa Linda Annis 4 Jessup Hall Iowa City, IA 52242 (319) 335-0129 Requested Action: Street vacation Purpose: To allow adjacent property owner to acquire right-of- way for University development project. Location: 100 block of Harrison Street; the east half of the 100 block of Prentiss Street; the alleyway lying between those two streets. Size: approximately 1.1 acres Existing Land Use and Zoning: Railway and access to institutional service facilities, P Surrounding Land Use and Zoning: North: University of Iowa, P South: University of Iowa, P East: University of Iowa, P West: Iowa River; University of Iowa, P File Date: July 16, 2002 BACKGROUND INFORMATION: The University of Iowa has applied for the vacation of Harrison Street between Front and Madison, Prentiss Street from the west right-of-way line of Madison Street to the west right-of-way line of the public alley (80' x 170'), the alley between the 100 blocks of Hardson and Prentiss, also known as Block 5, County Seat Addition, and approximately 1784 square feet on the west end of Harrison Street, or a roughly 80' x 22' segment of Front Street. The University plans to construct a parking facility on Block 5 of the County Seat Addition and desires access to it from Harrison Street. Prentiss Street will be used as a means of access to the university's Cambus facility. The alley will be vacated because the proposed parking facility, when built, will obliterate at least the northern half of it. ANALYSIS: 2 Three general criteda determine the advisability of the release of a street or alley right-of-way. A release would be inadvisable if it would interfere in vehicular or pedestrian circulation, interfere in the right of access to any private property, or inhibit access of emergency or utility service vehicles. Circulation: Both Harrison and Prentiss Streets are used almost exclusively by the University of Iowa for access to university-owned buildings and properties to the west of Madison Street. Both streets effectively terminate at or just east of the Front Street right-of-way and thus play no role in general traffic circulation. Private Access: No private properties have direct access via those portions of Prentiss or Harrison Streets bracketing Lot 5, County Seat Addition, nor via the alley between them. Mid- American Energy Company owns and operates a facility on the southeast corner (lot 4) of Block 5, but access to it is solely via Madison Street. Emergency Access: The University plans to maintain and improve both Harrison and Prentiss Streets as means of vehicular access, therefore they should provide sufficient access for emergency vehicles. The University of Iowa's plans for redevelopment on the blocks fronting Madison Street south of Burlington Street were first proposed in a master planning report in 1997. This application is a first step in a redevelopment of this area that may eventually include another parking ramp and a southward extension of the academic campus. The University proposes to make active use of these streets and improve them to its own design standards. Unlike the recent vacation application by CRANDIC Railway Company, in this application the public good of maintaining unrestricted access to public utilities is weighed against the benefit gained from redevelopment in this area. As long as the City has unimpeded access to utilities, such as the two storm sewer lines running west down Harrison, the proposed redevelopment in this area should be viewed favorably. The Near Southside Design Plan (adopted by resolution, 5 December 1995) proposes a "green link" from the vicinity of the court house/post office "government center" down to the river, where a riverside park/promenade may eventually be established. A configuration following Harrison Street is shown on the design plan's concept maps, but a configuration along Prentiss Street cannot be ruled out entirely. This is especially true since the UI proposes to use Harrison as the pdmary access point to its power plant, switching it from its current location on Court Street. Additionally, the University may someday build a parking ramp across Harrison Street on the east side of Madison Street, effectively blocking pedestrian access from up the hill down to the river. Pedestrian access easements should be secured over both Harrison and Prentiss Streets. Since they are to be used for vehicular access, perhaps the best place for an easement would be along either the north or south street edge. Along with utilities easements in the vacated streets, the City would like to have an easement across University-owned property in line with Harrison Street and west of Front Street, where the abovementioned storm sewer empties into the river. STAFF RECOMMENDATION: Staff recommends that VAC02-00004, a request to vacate the 100 block of Harrison Street and a portion of the Front Street right-of-way immediately west of that, the eastern half of the 100 block of Prentiss Street, and the altey in Block 5 of the County Seat Addition, be approved subject to retention of utility and pedestrian access easements where necessary and subject to the University granting an easement in line with Harrison Street and west of Front Street, where the above mentioned storm sewer empties into the river ATTACHMENTS: 1. Location map Approved by: Robert Miklo, Senior Planner, Depadment of Planning and Community Development T:\PCD~lohn A~,ctive Files\VAC02-00004.doc ( 1 I~ · \IL- _ .L h ~ Ii COURTHOUSE OFFICE ' 1 / .... ~qARFISON HILL PlNI S~ ~OCA~ION: Paroels ~]-4, Hnrrison, Prentiss, and Front Streets VAO0~-00004 City of Iowa City M MORANDUM To: Planning & Zoning Cormnission From: John Adam Date: 7 August 2002 Re: VAC02-00002 and VAC02-00004, Front, Harrison and Prentiss Streets At the Planning & Zoning cormmssion meeting of 1 August 2002, various commissioners questioned the rationale of releasing a street right-of-way in order to settle a title dispute between two other parties (VAC02-00002). While it is tree that the City of Iowa City will receive no monetary consideration for the released fights-of-way, this vacation request feeds into the larger issue of University-led redevelopment fronting Madison Street and the potential benefits deriving from it. The essential matters in these applications, however, are those relating to the advisability of vacating or releasing portions of streets from public ownership. The concern voiced by commissioners regarding river access is valid il~ the context of pedestrian circulation, but is adequately answered by the provision of access easements over both Harrison and Prenfiss Streets. Access easements possess legal w(lght equivalent to ownership. Instead of the 15- to 25-feet-wide easements originally suggested at the Planning and Zoning meeting of I August 2002, staff recommends creating "blanket" easements across the whole of tl~e requested vacation areas (both VAC02-00002 and VAC02-00004) on Prenfiss and Harrison, not including the alley between them. As University development proceeds and as the City's need and desire for access to the riverbank reaches a planning and funding stage, the exact orientation and character of the accessway(s) can be determined. At that time, the City may assert its right to enjoy unencumbered access to the riverbank, just as it has had the power to do for several decades. Staff's analyses of the other two criteria detailed in the original staff report-~circulafion and emergency access--remain valid. Emergency access remains possible via Front, Court, Harrison and Prentiss to all structures and to the river through the power plant site. Front Street and the 100 blocks of Court, Harrison and Prentiss ceased to be part of the general traffic circulation pattern many years ago. Staff continues to recommend approval of both vacation applications. City of Iowa City M MORANDUM To: Planning & Zoning Commission From: John Adam Re: Updated recommendation language: VAC02-00002, VAC02-00003, VAC02- 00004 Date: 15 August 2002 At the Informal Planning & Zoning Commission meeting of Monday, 12 August 2002, the P&Z chairperson requested staff to draft updated recommendation language for three vacation items currently before the Commission. The updated recommendations follow: VAC02-00002 -- CRANDIC Railway Co. Staff recommends that VAC02-00002, a request by the CRANDIC Railway Company to vacate those portions of Front Street and Prentiss Street indicated on Exhibit B, attached, be approved subject to the creation of utilities easements where needed, as determined by the Public Works Department, and the creation of a blanket access easement over Prentiss Street. VAC02-00003 -- University of Iowa, Grand Avenue Court Staff recommends that VAC02-00003, a request by the University of Iowa to vacate the south 295 feet of Grand Avenue Court, be approved subject to the creation of utilities easements where needed, as determined by the Public Works Department, and subject to agreement by the University of iowa that it will comply with the Iowa City Historic Preservation Ordinance regarding the future disposition of the Cannon-Gay House, an Iowa City Historic Landmark and National Register-listed house, at 320 Melrose Avenue, which borders the requested vacation area. VAC02-00004 -- University of Iowa, Harrison and Prentiss east of Front Street Staff recommends that VAC02-00004, a request by the University of Iowa to vacate the 100 block of West Harrison Street, an extended portion of West Harrison contiguous with the Front Street right-of-way, Harrison Street west of Front Street to its termination at the Iowa River, the easterly half of the 100 block of West Prentiss Street, and the alley in Block 5 of the County Seat Addition, be approved subject to the creation of blanket utilities easements where needed, as determined by the Public Works Department, and the creation of blanket access easements over all vacated portions, except the alley in Block 5 of JJ;~ County Seat Addition. City of Iowa City MEMORANDUM To: Planning & Zoning Commission From: John Adam, Associate Planner-'~ Date: 13 September 2002 Re: University use of Front, Harrison and Prentiss Streets (VAC02-00004) At the P&Z meeting of 15 August 2002, at the conclusion of discussion on VAC02-00004, the Commission asked staff to find out if the university ever applied for or received permission to fence off parts of Front, Harrison and Prentiss Streets. Staff could not make a conclusive determination one way or another. One possible scenario is that the university was unaware that some of what they fenced off and used was public right-of- way--although that would not explain Front Street. After thar~ it was incumbent upon the City to enforce its rights in those areas; presumably, the use of these areas was not of importance to the City. Large portions of what is currently fenced off are overlaid with Failroad tracks, and it's questionable whether much of this area was ever paved or used as a public street. I have been in contact with the University regarding this question. Unfortunately, they've not been able to find out any details either. If more information turns up, I will forward it to the Commission. Re: Grand Avenue Court (VAC02-00003) The Commission also requested that staff keep it apprised of discussions on the preservation of the Cannon-Gay House, 320 Melrose Avenue. The University has indicated a willingness to preserve the house. A covenant protecting the house and the grounds is being drafted for review by the University. The University has invested in a faithful restoration of the interior and uses the structure both to house visiting faculty and as a venue for dinner parties and related business functions. Prepared by: John Adam, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5236 ORDINANCE NO. AN ORDINANCE VACATING THE TWENTY- THREE-FOOT WIDE GRAND AVENUE COURT RIGHT-OF-WAY, COMMENCING FROM THE NORTH RIGHT-OF-WAY LINE OF MELROSE AVENUE AND EXTENDING NORTHWARD FOR A DISTANCE OF TWO HUNDRED NINETY-FIVE FEET WHEREAS, the applicant, the University of Iowa, has requested that the City vacate part of Grand Avenue Court adjacent to Melrose Avenue; and WHEREAS, said portion measures two hundred ninety-five feet along the north-south axis, by twenty- three feet along the east-west axis; and WHEREAS, the City does not regard the street as a crucial part of the general or local traffic circulation system; and WHEREAS, the University of Iowa has requested the vacation specifically for the redevelopment of property on the west side of Grand Avenue Court, which redevelopment includes the improvement of portions of Grand Avenue Court; and WHEREAS, it is in the City's interest to vacate said public right-of-way, or portions thereof, that may be a benefit to and be improved as a result of redevelopment; and WHEREAS, the property adjacent to the proposed right-of-way contains a house listed on the National Register of Historic Places and it is in the City's interest to protect the City's, the State's and the country's cultural and historic resources, WHEREAS, the Planning and Zoning Commission recommended vacation of this right-of- way subject to the preservation of the house and grounds at the abovementioned property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA: SECTION I. VACATION: The City of Iowa City hereby vacates the right-of-way legally described as follows: THAT PART OF GRAND AVENUE COURT IN GRAND AVENUE COURT ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (FINAL PLAT RECORDED IN BOOK 3, PAGE 101 AT THE Ordinance No. Page 2 JOHNSON COUNTY RECORDER'S OFFICE), LYING NORTH OF MELROSE AVENUE AND SOUTH OF THE NORTH LINE OF LOT 4 OF SAID GRAND AVENUE COURT ADDITION EXTENDED WESTERLY TO THE NORTHEAST CORNER OF LOT 15 OF SAID GRAND AVENUE COURT ADDITION, COMPRISING 6,785 SQUARE FEET, MORE OR LESS. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudicated invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approv- al and publication, as provided by law. Passed and approved this day of ,2002. MAYOR A'I-I'EST: CITY CLERK Approved by T:~PCDUohn A~Active Files\VAC02-00003 ordinance.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: John Adam Item: VAC02-00003, Grand Avenue Court, Date: August 15, 2002 University of Iowa GENERAL INFORMATION: Applicants: University of Iowa Attn: Rod Lehnertz, Project Manager (319) 353-2235 Requested Action: Street vacation Purpose: To allow adjacent property owner to acquire right-of-way for University development project. Location: Grand Avenue Court from the nodh R.O.W. line of Melrose Avenue northward 295 feet Size: 6,785 square feet Existing Land Use and Zoning: Public University uses and residential, P and RS-8 Surrounding Land Use and Zoning: North: University of Iowa, P South: University of Iowa, P East: University of Iowa, P West: University of Iowa, P File Date: July 16, 2002 BACKGROUND INFORMATION: The University of Iowa has applied for the vacation of the 23-feat width of Grand Avenue Court from the north P,.O.W. line of Melrose Avenue northward 295 feet, a line approximately 242 feet south of the south R.O.W. line of Grand Avenue. The application was initiated by the University of Iowa for the development of an athletic learning center in the area facing Melrose Avenue. The facility site encompasses several of the houses along Grand Avenue Court and the University is currently in the process of demolishing those houses. The facility site will also cover the southern portion of Grand Avenue Court. 2 ANALYSIS: There are three criteria generally useful in determining the advisability of the release of a street right-of-way. A release would be inadvisable if it would interfere in vehicular or pedestrian circulation, interfere in the right of access to any private property, or inhibit access of emergency or utility service vehicles. Another issue Planning and Zoning Commission and City Council may wish to consider is the disposition of the Cannon-Gay House at 320 Melrose Avenue, an Italianate-style dwelling built in 1884 that is listed on the National Register of Historic Places and designated as an Iowa City landmark. The City's approval of this vacation will allow the redevelopment of the neighborhood along Grand Avenue Court and along Melrose Avenue and therefore may affect this historic dwelling. Both the National Park Service and the City have recognized the historic significance of this structure by awarding it landmark status. To assure that this vacation does not contribute to its destruction, the City may wish to condition approval of this vacation on assurances from the University of Iowa that it will adhere to the Historic Preservation regulations as they apply to Iowa City Historic Landmarks. Circulation: Grand Avenue Court provides a link between Grand Avenue and Melrose Avenue, but most traffic likely finds it easier to utilize Byington Road and South Grand Avenue, which are configured for circulation around this block. The lack of sidewalks along this street makes it undesirable for pedestrian traffic and, as with the vehicular traffic, other routes around this block are configured for easier use. Private Access: Other than the University's, one property has access onto Grand Avenue Court. It is owned by Leola Bergmann, 124 Grand Avenue Court (Lot 5 in the Right-of- Way Vacation Exhibit), who has signed a Vacation of Street Agreement (see attached copy). The University has agreed to handle snow removal for Mrs. Bergmann as long as she lives in her house. She has informed staff that she has no problem regarding access since she always uses Grand Avenue to the north as her means of ingress and egress to Grand Avenue Court. Emergency Access: Grand Avenue Court is a narrow street that may require a turnaround at the end of it if there are no means of vehicular access through the University development to the south. Because only one house will remain on the street and its distance from the nearest arterial is approximately 240 feet, no major impediments to emergency access exist. An existing sanitary sewer line runs down to Grand Avenue from a point approximately 100 feet north of Melrose Avenue. If the University caps the sewer at Leola Bergmann's house, no easement will be necessary for this vacation. A six-inch water main connects through the requested vacation area to another main running under Melrose Avenue. An easement at least 30 feet wide will be required over the water main in this area. CONCLUSION: The small neighborhood that once existed on this street now consists of a single residentceand property owner who has consented to the vacation of the street south of her property. Adequate means of ingress and egress remain for this residence and the release of the street will not impact the circulation of general traffic in any significant way. The provision of emergency vehicle access appears to be adequate. Provided the University of Iowa commits to preserving the Cannon-Gay House, staff finds no reason to deny the vacation of southern portions of Grand Avenue Court. STAFF RECOMMENDATION: Staff recommends that VAC02-00003, a request to vacate the south 295 feet of Grand Avenue Court, be approved subject to the creation of necessary utilities easements and subject to assurances that the University will comply with the Iowa City Historic Preservation regulations for the Cannon-Gay House at 320 Melrose Avenue. ATTACHMENTS: 1. Right-of-Way Vacation Exhibit 2. Site map Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development T:~PCO~John ALActive Files\VAC02-00003.doc RIGHT-OF-WAY VACATION EXHIBIT A PART OF GRAND AVENUE COURT IN GRAND AVENUE COURT ADDITION IOWA CITY, JOHNSON COUNTY, IOWA AVENUE 4 NO~E: ALL DISTANCES SHOWN ARE ME RECORD DISTANCES AS 3 SHOWN ON THE FINAL PLAT OF 6RANB AVENUE COURT ADDITION RECORDED IN BOOK S, PAGE 101 AT ME JOHNSON COUNTY 17 ~ 2 RECORDER'S OFFICE, AREA OF GRAND AVENUE COURT TO BE VACAIEO. 77' MELROSE AVENUE DESCRIPTION 1hot part of Grand Avenue Court in Grand Avenue Court Addition to Iowa City, Johnson County. Iowa (final plat recorded in Book 3, Page 101 et the Johnson County Recorder*s of Rce). lying North of Melrose Avenue and South of the North llne of Lot 4 of sold Grand Avenue Court Addition extended Westerly to the Northeast comer of Lot 15 of said Grand Avenue Court Addition, Area: 6.785 square feet more or less. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal Surveyor under 1he laws of the State of Iowa. O 50 100 200 SCALE IN FEET Jonathan Bailey date License No. 12531 ORIGINAL SCALE 1" = 100' My license renewal date is December 31 2002 "TLERIG.T-OF-WA¥ VACAT'ON EXH'SIT APPROVED GRAND AVENUE COURT $°11§9-1 k IOWA CITY, JOHNSON COUNTY, IOWA Cedar Rapids, IA Iowa City, IA Des Moinea, IA O^T~ ~/26/o2 SCALE AS SHOWN SHEET NO ORIGINAL SHEET SiZE 8 1/2" X 14~ 4 / C d 400 300 ~00 I00 Marian Karr From: Michaelanne Widness [mwidness@mchsi.com] Sent: Tuesday, September 24, 2002 10:11 AM To: cou ncil@iowa-city.org Subject: Ul's request to vacate Grand Avenue Cour~ I am interested in what happens to the Cannon-Gay house as a member of both the Historic Preservation Commission and the Melrose Avenue neighborhood. Since I will be unable to attend the meeting tonight at which you will discuss this matter, I am writing to urge you to retain the Historic Preservation Ordinance compliance attachment to the order to vacate, should you choose to grant it. I think this is necessary for two reasons: 1. A~bsent the requirement to conform to the provisions of the ordinance, the University is not to be trusted to "do the right thing" with respect to the property. When I spoke with Phillip Jones last spring about the University's plans for the house, he told me that the options as he saw them were to move the house or demolish it. Either would be a tragedy, in my view. 2. Requiring compliance now may set a precedent for future use involving historic structures. Marian Karr From: Michaelanne Widness [mwidness@mchsi,com] Sent: Tuesday, September 24, 2002 10:52 AM To: cou ncil@iowa-city,org Subject: Ul's request to vacate Grand Avenue Court--Part 2 [The reason my previous email ended so abruptly is that I inadvertently hit the "enter" key when I reached for the telephone.] The other co~ent I wanted to make concerns the article in today's Press-Citizen outlining the University's plans to eventually close the west end of Grand Avenue, requiring Byington to be converted to two-way traffic and expanded to four lanes. As I am sure you recall, the city spent more than $100,000 in 1994 to pay for an Environmental Assessment that outlined the best way to deal with traffic on the stretch of Melrose Avenue between the Melrose Avenue bridge and Byington. Now the University announces plans to do something that will have a tremendous impact on the area and will almost certainly render the conclusions of the EA meaningless. I am personally outraged by such instutional arrogance and agree with Dee Vanderhoef's comment to the effect that such a dramatic change requires careful scrutiny of the arterial street plan. I would go a step farther and suggest that perhaps another EA is required, this one to be paid for by the University. They don't care about anything beyond the edge of campus. That is why you must. Michaelanne Widness UI asking Iowa Clty to vacate Grand Avenue Court and Grand Avenue through the dorms. Jean Walker, a member of the Melrose Avenue neighborhood The university says they want the City to vacate part of Grand Avenue Court. Grand Avenue Court must be left open to through traffic to help with traffic circulation. Vacating a portion of the street renders it closed to through traffic. People going west on Grand Avenue and heading for Lucon Drive, the daycare centers or the Law Building, use this street. The alternative is that these cars reach the junction of Grand Avenue and Melrose Avenue and, as they wait to turn east on Melrose, they block the traffic trying to go west on Melrose. Thus it is not only the traffic local to the east end of Melrose that is affected, but all traffic from Riverside Drive ,and from the east side of Iowa City ~trying to go west on Melrose. (Also, people trying to go east on Melrose from Grand Avenue get caught up in the westbound Melrose Avenue traffic stopped at the Melrose Court traffic lights.) Instead of vacating Grand Avenue Court, the City should be to counteract the increased traffic generated bY all of the new UI buildings in the area. ~ ~. ~-.~ The proposal of the UI to close Grand Avenue and Grand Avenue Court is the epitome of the blatant disregard that UI planners have shown repeatedly for the neighborhoods and cities surrounding them. In the 30 years I have lived in this neighborhood, I have witnessed the successive closing or restriction of through streets for the convenience of the UI:\(~'r example, Newton Road and the egress of traffic onto Highway/~ and a small road through the UIHC area near the emergency entrance.) ~At the same time, the UI has continued to construct new buildings, parking ramps and parking lots that disgorge traffic onto Melrose Avenue. The new Athletic Learning Center, the new cancer treatment center, and a proposed new parking ramp at the very corner of Melrose Avenue and Grand Avenue, will only exaccerbate the problem. Where will the traffic from these three new buildings · '~'=~ '~'"" ...~ ncw~) disgorge? This latest example is typical of the UI planners' imperious and arrogant attitude toward the City and its citizens. It appears that instead of constructing a plan that takes into consideration the existing roads, traffic patterns and neighborhoods, the UI planners plan away with only themselves in mind. Then, when their plans are complete (and in some cases ground is broken), they expect the City to accommodate them. From today's Daily Iowan I see that Campus This Council meeting is about Grand Avenue Court, not Grand Avenue but this division of requests plays into the hands of the UI. Once Grand Avenue Court is closed, then it is easy for the UI to say "See, this is closed so it makes sense for you to close Grand Avenue". The UI has been doing this sort of things for years. If the City rubber stamps this issue, the UI will know it can just continue i.ts modus operandi ad flnitum, of planning and building first and having the City and its citizens deal with any problems that ensue. The UI has been systematically buying up private property south of Melrose Avenue. Currently daycare centers and KRUI are there. In the future the UI might tear them down and erect new buildings (with more traffic). The UI wants a pedestrian campus. So will they want you to move Melrose Avenue further south in the future? ~'--~:':: ..... ' .... ,. ,,.-- ' . ' _.~" ~¼~-~_ _2 (Instead'~f a_.~edestrian campus, perhaps the citizens would like the UI to dem~ome buildings so we can have a dog park there?)  Based on its previous and current behavior, every time the UI comes to you with a request, it should raise a eiant red flag in your minds as regards their intentions and the impact on surrounding neighborhoods and the City as a whole. A final note: The UI has already closed Grand Avenue Court to through traffic by putting up a fence in the middle of it, making it impassable. I wonder if it was with the permission of the City? The building should be built out of the way of the street. Therefore the City needs to ask the UI to remove the fence from blocking the road~ Thank you. Planner Larry Wilson told the Council last night "Constructing buildings such as the Athletics Learning Center will ~ reworking roads in the area." It is unconsciable that the UI treats the City in this way and expects them to rubber stamp everything that they come up with. The planners need to do what they should have done in the first place, place the building within that large parking area in such a way that it doesn't interfere with the street, rather than placing it too close to the street and expecting the City to vacate it. They should plan with the City and its citizens in mind and keep both informed, instead of trying present a 'fait accompli'. The closing of Grand Avenue and Grand Avenue Court requires a review of the arterial street plan. $100,000 of taxpayer money has already been spent on developing a plan talking about traffic flow in the area and it would be irresponsible of the City to negate that plan and grant these closures to the UI. Another consideration is that once the UI obtains any property or right-of-way, it is very, very unlikely to give it up again (or at huge expense to the City) and the City will not have the same control over it because it will be under State property laws. The UI has been able to get its way over and over again because: 1. It and its planning office is (and has been) there for ever 0tko ar~ ~,llw) and 2. There is a turnover of City officials and neighbors (who thus generally do not have a sense of what has happened in the past). The unfortunate neighbors cannot commit 8 paid hours a day to combat this insidious planning. The paid planners (and how many of them actually live in the area?) work 8 hours a day dreaming up plans that are exclusively suited to the UI, not to the city and the neighborhoods. Therefore we need all the help we can get from the City Council so that our neighborhoods are not turned into traffic-congested examples of "University blight". The UI has a dream for a "pedestrian campus". That is a fine dream, but that is only going to happen (or shoul~ only happen) if the UI moves to a new uninhabited area. It cannot expect to block off streets within its midst that cause huge problems for the inhabitants of the City in which it is growing. The UI should be ~ the traffic problems I_~T_ is causing, not ~ them by asking for streets to be blocked off. In the Dally Iowan, Campus Planner Larry Wilson says "The problems the city is having with traffic are not related to what we're doing," explaining that the intersection of Riverside Drive and Grand Avenue is inherently congested. ~ ~[n anyone guess who caused most of the congestion? New buildings attracting more cars and the blocking off of streets perhaps? SLAT o ~ .~ ~.t. ,= ___=.~~ .,~,," · ' ! .I ~ SITE DEMOLITION PROPOSED COMPLETED WEST CAMPUS MASTER PLAN ATHLETIC LEARNING OENTER ~ THE UNIVERSITY OF IOWA AKCHII ECTS Sesquicentennial Campus Planning Campus Planning Committee SESQUICENTENNIAL CAMPUS PLANNING Framework Update Campus Plarming Committee: FRAMEWORK UPDATE The Sesquicentennial Campus Planning Jerry Schnoor, Chair, Faculty Framework Update has been prepared by the Phoebe Ball, Student Campus Planning Section of the Facilities David Dennis, Staff Services Group - Administration under the David Gerleman, Staff auspices of the Campus Planning Committee. Al Jagnow, Staff Heather MacDonald, Faculty The Update serves as a guide for the physical Paula Mobily, Faculty development of the campus and is in a Alan Nagel, Faculty framework format. The intent is to produce a Greg Oden, Faculty plan that provides a positive and easily John Quebbeman, Student THE LINIVERSITYOF IOWA understood guide for development while Nick Taiber, Student allowing flexibility to accommodate change. Administrative Officers: The text of the plan is in a flexible format that Doug True, Vice President for Finance and can accommodate additional sections as they University Facilities are needed. New information can be added Dick Gibson, Associate Vice President for without changing the entire document. Finance and University Services and Director Facilities Services Group The text recommendations have been combined into this summary map to visually explain the Campus Planning: overall relationships and implications. Like the Larry Wilson, Campus Planner text, the summary map is a guide and not a Campus Planning Committee Campus fixed plan. A summary of Campus Planning Planning Framework Subcommittee: Framework Planning Principles is included Alan Nagel with this map. Al Jagnow Nick Taiber The Sesquicentennial Campus Planning Larry Wilson Framework Update can be found referenced PLANNING SUMMARY on the Campus Planning Committee web page Please send you comments or questions to: AND at http://www, uiowa.edu/~cpc/or directly at Facilities Services Group - Campus Planning SUMMARY MAP http:l/www, uiowa.edul~cpclcpf/cpLhtm and in 240 University Services Bldg. campus libraries. Two copies are available in The University of Iowa the Reserved Book Room, first floor Main Iowa City IA 52242-1922 319-335-1206 Library and one copy is in the reserved reading e-mail: fsg~campus-plannlng@uiowa.edu area, stack 5A of the ltardin Library for the Campus Planning Framework Web Site: JULY 1998 Iiealth Sciences. http:/Iwww, uiowa.edu/-cpc/cpflcpf, htm IMPLEMENTATION STRATEGIES & facility vehicular spaces might be located to Design Guidelines/Pre-Design Checklist - DEVELOPMENT GUIDELINES provide short-term parking within the context Develop a Design Guidelines document and a Implementation Strategies and Development ofapedestrian-orientedcampus. Pre-Sehematic Design Plan Checkiist to Guidelines contain general directions and CAMBUS - Review CAMBUS routes, times, ensure proposed designs address University specific recommendations that provide and operations to ensure support of the goals and the intent of the Framework Plan. guidance and flexibility for planning new pedestrian-oriented campus concept. Replace Floor Area Ratio - Replace Floor construction and maintaining existing facilities. Enhance routes and consider alternate Area Ratio (ratio between footprint/number They address fundamental campus-wide vehicles/modes to allow pedestrians to travel of floors of a building and the site available) systems - transportation, circulation, access, to areas ofcampus beyond a ten-minute walk analysis ofproposed buildings with a flexible construction, preservation, etc. - and methods in the least amount of time with the miniroum compatibility analysis. New buildings should of providing continuity to the inherently diverse of vehicle conflicts, be compatible with existing structures within elements of the campus. The Strategies and Guidelines address as well, potential further Open Space System - Organize a defined Open functional areas. research, data collection, and a formal design Space System to link diverse campus Preserve and Protect National Register of guidelines checklist, elements and create a unified, pedestrian- Historic Places, Buildings, and Sites - Pedestrian-Oriented Campus - Maintain, oriented campus. Preserve and protect buildings and sites on expand, and emphasize safe, efficient, and Pedestrian/Vehicle Conflicts - Identify the National Register of Historic Places and effective pedestrian movement through existing and future pedestrian/vehicle conflict identify potential historic campus areas. campus. A pedestrian-oriented campus points and determine solutions. Identify, Preserve, and Protect Other includes an efficient parking and transit Campus Entrances - Identify significant entry Historic Buildings and Sites - Identify, system, with limited emergency, service, points to the University and develop entrance preserve and protect buildings and sites not handicapped, and short-term parking, features at those locations to provide a sense appropriate for inclusion on the National Register of Historic Places but historically Vehicle System - Ensure access for service and of arrival at the campus, significant to the campus. emergency vehicles and for those with Visual Corridors - Identify significant Visual disabilities to all areas within the pedestrian- Corridors and protect fi.om view-blocking Maintenance Plan - To ensure long-term oriented campus, intrusions. Enhance views to the Iowa River integrity of campus facilities, develop a Parking Standards - Encourage a system of so it serves as a unifying element between the maintenance plan for buildings and grounds that 1) identifies purposes, goals, and peripheral parking areas and develop parking East and West Campuses rather than a objectives of maintenance, 2) delineates standards including mandatory identification dividing element, specific periodic maintenance procedures, of parking spaces for any proposed new Overlooks - Identify, preserve, and enhance and 3) identifies funding implications of buildings or other facilities, significant Overlooks on campus, maintenance. Drop-Off/Short-Term Parking - Identify Potential Building Sites - Identify potential Campus Statistics - Collect statistics on locations where temporary parking spaces, building sites on campus, campus population, enrollment, etc. to passenger drop-off sites, and other close to establish a basis, determine a sustainability reflected in architecture, site, orientation, ' ^ pedestrian-oriented, ground-level space is part of level, and identify need for future data. traffic flow, parking, and other elements, tl~ site. · Building and ground-level pedestrian space Hawkins Drive Improvement - Investigate the The East Campus is an urban environment connected to the overall pedestrian system. concept of realigning Hawkins Drive to a with a grid of north-south/east-west streets · Buildings have a similar height and scale as the surrounding structures. more southerly edge of campus route and and buildings, tied to downtown Iowa City, · Lighting, vegetation, signage, and other site redefining the former alignment area to a with few open green spaces beyond the elements mee~ established University standards and pedestrian-oriented open space. Include all Pentacrest. It is separated/connected to the guidelines. stakeholders in a process to determine the West Campus by the Iowa River. Future ~he Far West Campus is closer to the West issues involved. Issues must be satisfactorily development on the East Campus should Campus in character but has fewer resolved before the concept is incorporated follow the same existing urban character: constructed elements. Much of the Far West into the plan. · Buildings set on or close to fight-of-way. Campus is open with wooded areas along · A pedestrian-oriented, ground-level urban space is West Campus Loop Road - Review the part of the site. Clear Creek and is separated/connected to the segments of the West Campus loop road · Buildings occupy all or most of the site. West Campus by Finkbine Golf Course. system not within the boundaries of the · Parking is off-site or/s on-site in a parking structure. Future development on the Far West Campus campus (a portion of Highway 6 and Melrose · Building and ground-level pedestrian space should be similar to existing development: connected to the pedes~rinn grid. · Buildings set back from the right-of-way. Avenue) to determine if non-University · Buildings near the Pentacrest with a similar height · Buildings occupy a portion of an individual site. control is an issue, and materials as the historic structures, but no higher · Parking is on-site in surface parking. than the Peutacrest buildings. · A pedestrian-oriented, ground-level space is part of Functional Area Recommendations - - Lighting, vegetatioo, signage, and other site the site. Maintain continuity within each of the ten elements meet established University standards and · Building and ground-level pedestrian space Functional Areas in the East, West, Far West, guidelines, connected to overall pedestrian system. and Oakdale campuses. The West Campus is less urban, and is · Buildings are compatible with nearby residential Old Canitol Functional Area services housing. University Services Functional Area within a loop road system with buildings · Lighting, vegetation, signage, and other site elements East Residence Halls Functional Are~ aligued with the loop. It adjoins residential meet established University standards and Iowa Center for the Arts and the lnt~wnational Center and medical neighbors, has large open green guidelines. Functional Area spaces at the west edge away from the · Urban Forest, Lighting, and other campus-wide Health Sciences/Hospital Functional Area residence hall area and smaller leftover studies should I~ updated to include Far West West Residence Halls Functional Area Campus areas. South Melrose Functional Area greenspaces between buildings, and is · Buffer existing residential areas from inu'usion from Sports Functional Area separated/connected to the East Campus by new development. Far West Functional Area the Iowa River. Future development on the · Protect Clear Creel wooded areas, the Mormon Oakdale Camous Functional Area West Campus should follow a similar Handcart site, wetlands, and other sensitive areas, East, West, & Far West Campus character to existing development: · Development should not oc/cur west of Hawkeye Road until a Master Plan for that area is established Development - There are differences between · Buildings set back from or close to the right, of-way. · Buildings occupy a portion or most of the site. and development east of the road is completed. the East, West, and Far West Campus areas · Parking adjoins the site or is on-site in a parking structure. OAKDALE CAMPUS MASTER PLAN GOALS The Oakdale Campus Master Plan established seventeen goals. · Provide for Oakdale's future growth while keeping the quality and character &the existing Campus. · Develop a clear hierarchy of vehicular and pedestrian circulation pattoms that address Oakdale Campus' needs as well as providing a comfortable fit with the City of Coralville's transportation plan. · Develop a campus parking system. · Respond to Oakdale's concerns regarding image improvement. · Develop a Master Plan that is flexible for future growth and development; yet, provides a strong infi~astructure framework. · Develop a Master Plan that enhances the existing pastoral image of the Campus. · Enhance and strengthen the natural elements unique to the site. · Extend the "campns-like' character to Oakdale Boulevard and Highway 965; providing a more am'active entrance. · Improve the image fi.om Highway 965. · Establish a common architectural framework for future development. · Consider razing existing structures that are inefficient or architecturally incompatible. · Coordinate with Coralville's Greenbelt Path System and trail system proposed by North Liberty. · Buffer campus from surrounding residential development and interstate corridor. · Integrate the planning of Oakdale Campus with Oakdale Research Park. · Uni~ the "campus-like" character. · Allow for flexibility and adaptability in growth of the campus to accommodate phasing, changing program relationships, changing needs, etc. · Protect and enhance existing campus woodlands. Master Plan The University of Iowa: Oakdale Campus Crose-Gardner Associates - March 1, 1994 FRAMEWORK SUMMARY MAP Prepared by: John Adam, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5236 ORDINANCE NO. AN ORDINANCE VACATING PORTIONS OF FRONT STREET SOUTH OF BURLINGTON STREET AND A PORTION OF THE 100 BLOCK OF WEST PRENTISS STREET WHEREAS, the applicant, the CRANDIC Railway Company, has requested that the City vacate portions of Front Street and West Pmntiss Street; and WHEREAS, the City does not regard these streets as crucial components of the general or local traffic circulation system; and WHEREAS, the conveyance of these rights-of- way relate to a redevelopment project to be undertaken by the University of Iowa in areas contiguous with these rights-of-way; and WHEREAS, it is in the City's interest to vacate said public right-of-way, or portions thereof, that may be a benefit to and be improved as a result of redevelopment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION: The City of Iowa City hereby vacates the right-of-way legally described as · follows: THAT PART OF WEST FRONT STREET IN IOWA CITY, JOHNSON COUNTY, IOWA LYING ELY OF OUTLOT 41 DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF OUTLOT 41 OF THE ORIGINAL TOWN PLAT, WHICH IS THE POINT OF BEGINNING; THENCE S 89° 56' 41" E 13.32 FEET ALONG THE S LINE OF THE BURLINGTON STREET RIGHT-OF-WAY TO 'A POINT 15.00 FEET W OF THE CENTERLINE OF AN EXISTING RAILROAD TRACK; THENCE S 0° 06' 13" W 95.91 FEET ALONG A LINE PARALLEL WITH SAID RAILROAD; THENCE S 4° 02' 40" W 71.73 FEET TO A POINT 15 FEET WLY OF THE CENTERLINE OF AN EXISTING RAILROAD TRACK; THENCE S 70 29' 09" W 65.65 FEET TO A POINT OF INTERSECTION WITH THE E.LINE OF SAID OUTLOT 41; THENCE 0° 06' 45' E 232.50 FEET ALONG THE E LINE TO THE POINT OF Ordinance No. Page 2 BEGINNING, CONTAINING 2,332 SQUARE FEET AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THAT PART OF FRONT STREET IN IOWA CITY, JOHNSON COUNTY, IOWA LYING ELY OF OUTLOT 24 OF COUNTY SEAT ADDITION DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE NW CORNER OF BLOCK 4, COUNTY SEAT ADDITION; THENCE N 89° 42' ,~0" W 97.27 FEET ALONG THE S RIGHT- OF-WAY LINE OF VACATED COURT STREET TO A POINT 15.00 FEET W OF THE CENTERLINE OF AN EXISTING RAILROAD TRACK; THENCE S 0° 21' 36" VV 329.75 FEET ALONG A LINE PARALLEL WITH SAID RAILROAD TRACK TO A POINT OF CURVATURE; THENCE SELY 177.78 FEET ALONG THE ARC OF A 714.28-FOOT RADIUS CURVE, CONCAVE ELY (CHORD S 5° 55' 19" E 177.32 FEET) TO THE POINT OF BEGINNING; THENCE SELY 47.00 FEET ALONG THE ARC OF A 714.28 FOOT RADIUS CURVE, CONCAVE ELY (CHORD S 14° 56' 15" E 46.99 FEET); THENCE S 870 07' 52" W 12.22 FEET TO A POINT OF INTERSECTION WITH THE E LINE OF OUTLOT 24 OF SAID COUNTY SEAT ADDITION; THENCE N 0° 06' 45" E 46.02 FEET ALONG SAID E LINE TO THE POINT OF BEGINNING AND CONTAINING 269 SQUARE FEET MORE OR LESS AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THAT PART OF FRONT STREET IN IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF LOT 8 OF BLOCK 5 OF THE COUNTY SEAT ADDITION; THENCE S 0° 06' 45" W 101.29 FEET TO A POINT 15 FEET ELY OF THE CENTERLINE OF AN EXISTING RAILROAD TRACK; THENCE N 9o 15' 59" W 102.66 FEET ALONG A LINE PARALLEL WITH SAID RAILROAD CENTERLINE TO A POINT OF INTERSECTION WITH THE S RIGHT-OF-WAY LINE OF HARRISON STREET EXTENDED W; THENCE S 89° 53' 24" E 16,73 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT · OF BEGINNING, CONTAINING 847 SQUARE FEET MORE OR LESS AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THAT PART OF PRENTISS STREET IN IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF LOT 5 OF BLOCK 5 OF COUNTY SEAT ADDITION; THENCE S 80.00 FEET ALONG THE WLY RIGHT- OF-WAY LINE OF THE ALLEY IN BLOCK 5, Ordinance No. Page 3 EXTENDED, TO A POINT OF INTERSECTION WITH THE S RIGHT-OF-WAY LINE OF PRENTISS STREET; THENCE S 89° 52' 40" W 79.62 FEET ALONG SAID LINE TO A POINT 15.00 ELY OF CENTERLINE OF AN EXISTING RAILROAD TRACK; THENCE N 170 30' 03" W 84.05 FEET ALONG a LINE PARALLEL WITH SAID RAILROAD CENTERLINE; THENCE NLY 102.00 FEET ALONG THE N RIGHT-OF-WAY LINE OF PRENTISS STREET- TO THE POINT OF BEGINNING, CONTAINING 7,264 SQUARE FEET MORE OR LESS AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudicated invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approv- al and publication, as provided by law. Passed and approved this day of ,2002. MAYOR Al-rEST: CITY CLERK Approved_ by ,~ Ci~ A"ttorney's Offic~ ' T:~PCD~Iohn A~Active Files\VAC02-00003 ordinance.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: John Adam, planning intern Item: VAC02-00002, CRANDIC Date: August 1, 2002 Railway Co. GENERAL INFORMATION: Applicants: CRANDIC Railway Company 2330 12th Street SW Cedar Rapids, IA 52404 Requested Action: Street vacation Purpose: To allow adjacent property owner to acquire right-of- way and incorporate it into private property. Location: Front Street between Burlington Street and Prentiss Street and the west half of the 100 block of West Prentiss. Size: approximately 0.24 acres Existing Land Use and Zoning: Railway and access to institutional service facilities, P Surrounding Land Use and Zoning: North: University of Iowa, P South: University of iowa, P East: University of Iowa, P West: Iowa River; University of Iowa, P File Date: May 28, 2002 BACKGROUND INFORMATION: The Cedar Rapids and Iowa City (CRANDIC) Railway Company has applied for the vacation of most of Front Street between Burlington and Prentiss Streets and the west half of the 100 block of West Prentiss. Specifically, the applicant is asking the City to vacate the following contiguous sections (see attached map, Exhibit A): (1) the west half of Front Street from the southern edge of the Burlington Street right-of-way southwards to the northern edge of the Harrison Street right-of- way, (2) the entire Front Street right-of-way from the northern edge of the Harrison Street right-of- way southwards to the Iowa River and the southern terminus of Front Street, and (3) the entire portion (80' by 150') of West Prentiss Street adjacent to the southern edge of Lot 5, Block 5 of the County Seat Addition, or roughly the west half of the 100 block of West Prentiss Street, not including any portion of the alley right-of-way. The application was initiated as a means of clearing title on a land sale between the CRANDIC Railway Company and the University of Iowa; some portions of the land, it was found, are in the public right-of-way and thus not subject to sale. The applicant also wishes to have unimpeded 2 access and ownership of portions of Front Street whereon their railway trackage lies, thus the additional request for a vacation of large portions of Front Street. ANALYSIS: Three general criteria determine ihe advisability of the re~ease of a street or alley right-of-way. A release would be inadvisable if it would interfere in vehicular or pedestrian circulation, interfere in the right of access to any private property, or inhibit access of emergency or utility service vehicles. Circulation: Front Street is mostly used as a means of access, parking and loading for University- and CRANDIC~owned properties that bracket its length from Burlington Street southward. It is likely that little, if any, general traffic exists. Private Access: Qther than the University's, no properties have direct access to Front Street or any of its intersecting streets within at least one block eastward, therefore no interference to any property owner's right of access would occur. However, the area is traversed by a number of major public utilities. E~mer~lency Access: The 40-foot-wide portion of Front Street between Burlington and Harrison that would remain, if the City vacated everything that the applicant requested, is sufficiently wide to allow access by emergency vehicles. South of Harrison, the street is impassable because it is fenced off and completely covered by railway trackage, so vacating the whole of that portion would make no difference to emergency vehicle accessibility. Although Front Street functions more like a service drive for industrial and institutional uses than as a public street, the rationale for vacating right-of-way in excess of what is necessary for clearance of title is insufficient from the City's perspective. There are portions of R.O.W. which may be vacated in order to clarify title, but it is in the interest of the City to maintain control of this street due to the presence of public utilities. Although large portions of Front Street "appear to have been constructively vacated for decades and are clearly unavailable for pedestrian or other traffic," as the applicant accurately points out, the presence of multiple utilities crossing the proposed vacation area poses the argument that Front Street is serving a public use by providing unencumbered access for municipal purposes. Vacation and subsequent conveyance of this property would require the establishment of maintenance easements for access that the City now enjoys by right. For this reason, staff is recommending to vacate only those portions along Front Street and Prentiss Street that are necessary to clarify title in the land sale between CRANDIC Railway Company and the University of Iowa. A survey of existing utilities is being conducted by the City's Public Works Department to determine the locations of all existing utilities. Appropriate utilities easements are required in any segment vacated. The Near Southside Design Plan (adopted by resolution, 5 December 1995) proposes a "green link" from the vicinity of the court house/post office "government center" down to the river, where an open space use may be established. A configuration following Harrison Street is shown on the concept maps, but a "green link" configured along Prentiss Street cannot be ruled out entirely. A 1997 University of Iowa street study of the area south of Burlington acknowledges the City's concept in its own designs. Along with utilities easements, a pedestrian access easement from east to west along Prentiss Street shall be required to secure its potential use by the City as a "green link." The applicant has submitted a plat containing legal descriptions of surrounding properties owned by the University of Iowa, but no complete description of the street R.O.W.s intended for release is included on the plat. A complete and accurate legal description of the various portions should be provided by the applicant before release. All property vacated of record will be conveyed to the University of Iowa. It should be noted that the segment in the block of Front Street immediately south of Burlington Street is part of the Original Town plat and would automatically revert to the State of Iowa if vacated. At this time staff cannot recommend approval of the vacation as submitted by applicant. Rather Staff recommends vacation of only the wedge-shaped pieces of property along Front Street and the western portion of the 100 block of Prentiss Street (see Exhibit B). STAFF RECOMMENDATION: Staff recommends that VAC02-00002, a request to vacate those podions of Front Street and Prentiss Street indicated on Exhibit B, attached, be approved subject to retention of utilities easements and a pedestrian access easement over Prentiss Street. ATTACHMENTS: 1. Location Map 2. Exhibit A: Requested vacation area 3. Exhibit B: Staff-recommended vacation area Approved by: ~ar~ner, Robert Miklo, Department of Planning and Community Development T:\PCD\John A~Active Files\VAC02-00002.doc CITY OF I0~ CI?Y qGTON U.S.( COURT 1 ~AR~SON HILL INI ~ RS ~d~ Ctp SITE LOCATION: Front and Prentiss Streets VAC02-O0002 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 24th day of September, 2002, at 7:00 p.m. in Emma Harvat Hall, City of Iowa City Civic Center, 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 approving a purchase agreement between the City of iowa City and the University of Iowa for the disposal of the old water plant property on Madison Street. 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