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HomeMy WebLinkAbout1988-04-19 OrdinanceORDINANCE W. ORDINANCE ESTABLISHING FROCEDM FOR COLLECTION OF FEES TO FEPAY DEVELOPERS FOR COSTS INCLF4 ED IN INSTALLING OFF -SIZE FUBLIC IfMVETENTS tiEEDED TO SUPPORT CUT-OF-SEOENCE DEVELOMllr. 4+EFEAS, it is City policy that developers install and pay for public Improvements, such as streets and water and sem lines, extending through their properties; and W}fWAS, fran time to time persons wish to develop their property out -of -sequence with normal developmnt sham in the City's Carprehensive Plan; that is, before public improvements have been ex- tended to the boundaries of their properties; and MEWS, it is City policy that persons wishing to develop property cut -of -sequence mist pay the cost of extending public inprovenents to their prop- erty fran existing public improvenents, although that cost could normally belong to the person or persons across or along vAwse property those im- proverents are extended; and WREAS, the City wishes to provide a mechanism whereby persons developing out -of -sequence with the timing of development shown on the City's Corprehen- sive Plan have the opportunity to recoup the off- site costs incurred, but only as the other Proper- ties are developed; and VhfREAS, such costs may be recovered throughconnection fees charged to new users. NOW, 1HEREFOFE. BE rr DoINED BY THE CITY COKIL OF IOWA CITY, IOWA, that: SECTION I. WOW. Chapter 32 of the Cade of ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Section 32-2 is amended by adding the following new definitions: Off-site costs. The reasonable costs in- curradY�evTeper in constructing or other- wise extending public improvements fran existing Public improvements through or along property belonging to third parties to the boundaries of Property under developrent, and which improve- unts are capable of serving the third party property. Out -of -se uence develo ant. Subdivision or large scale development o and before it is included in the short-range development sequence 1n the City's Comprehensive Plan, as revised from time to time. Public i roveneits shall mean the principal structures, von s, carporxnt parts and accesso- ries of any of the following: (i) Sanitary and storm sewers; (ii) Drainage conduits, channels and levies; Ordinance Pb. Page 2 (iii) Streets and sidewalks; (iv) Water mains and extensions. B. The following new section 32-62 is hereby adopted: Sec. 32-62. Off-site costs for out -of -se - (a) A Bevel int. a e mons the preliminary subdivision plat or preliminary large scale development plan for an out -of -sequence development is approved, the resolution of approval shall specify that the development is out -of - sequence, and that off-site costs are recoverable by the developer. (b) Off-site improvements shall be designed and constructed according to plans and specifi- cations approved by the City Engineer, and shall be of sufficient size and capacity to serve the full area which is capable of being served by the type of improvement so that the City will not be required to construct parallel or duplicate facili- ties. (c) Recoverable off-site costs shall include the cost of engineering, preliminary re- ports, property valuations, estimates, plans, specifications, notices, legal services, acquisition of land, consequen- tial Barrages or costs, easerents, rights- of-way, construction, repair, supervision, inspection, testing, and interest during construction and for not more than six months thereafter. (d) The amount of off-site costs to be recov- ered shall be determined as follows: As part of the application for final subdivi- sion plat or large scale developrent plan approval, the developer shall submit a proposed estimate of off-site costs for approval by the City Engineer, together with a ran -refundable review fee equal to three percent (3%) of the proposed esti- mate. The City Engineer shall approve the proposed estimate only if the Engineer finds that, at the time of approval, the estimate is consistent with the cost ob- tainable within lea City for immprovenents of the type proposed. Off-site costs shall be recoverable only to the extent of actual costs or estimated costs, whichever is lesser. (e) At the time an off-site public inprovenent is accepted by the City for public mainte- nance; based upon information furnished by the developer, the City Engineer shall 55 � Ordinance lb. Page 3 certify to the City Council the amount of recoverable off-site costs, and the total land area and/or lineal footage outside of the developer's site which- expected to be served by the off-site i (f) Thereafter, the City Council shall by ordinance, adopt a schedule of fees to be Paid for connection to the off-site ion- provonents. 1. The fee for each off-site inprovenent shall be pro -rata, based upon recover- able off-site costs, less the arount thereof relating to overwidth paving or oversized water mains or sewer lines, divided by the nurber of acres and/or lineal footage which will be served by the public inproverent, 2. The Ordinance shall also Provide for reinburserent to Developer from the City for the extra costs incurred for the following: Overwidth vi - The City's share sha a ac ual cost foot of Per linear the City �fornjaalestreets an requiredshall be considered a strip in the center of the paveneut. Oversized water reins or sewer lines e rtyssaresa to r ar- eae in cost between the pipe, main or conduit plus valves and valve boxes required by the City and Pipe, mein or conduit plus valves and valve boxes needed to service only the subdivision or planned development. Reimbursement of the Costs of over - width paving, or oversized water mains or sewer lines shall be made upon the earliest to occur of the following: (a) the City's Carprehensive Plan is arended to show the developer's site is included in the areas available for development in the short range, or (b) developnent of the area or areas be- tween the developer's site and the Platted streets nearest to such site has been substantially canpleted. ses hereof, has b�osbs�tantially carp7eted tall Of the land in the area has been plat- ted and building permits have been issued for construction on at least 90% Of the lots in such area. SSf� Ordinance Pb. Page 4 3. When the conditions for reinburserent have been met, the City will reimburse Developer for the costs described in Paragraph 2. If such reimbursement occurs within twenty-four (24) months after either the Cmprehensive plan has been amended or intervening developnent has been substantially completed, reimbursement shall be on a dollar -for -dollar basis, with no interest or carrying costs. Any amount unpaid at the end of the twenty-four (24) month period shall thereafter bear interest until paid at a rate equal to the rate the City is Paying on the last general obligation bands it issued prior to the interest comencenent date. 4. The ordinance shall also contain a legal description of the entire area served by the off-site irrproverent, and the City Clerk shall file a copy of the ordinance in the Office of the Johnson County Recorder. 5. Because public irrprovenents have a limited useful life, a developer's right to reimbursement, and the effec- tiveness of each specific connection ordinance shall expire twenty (20) Years from the date of its passage. (g) At such time as any part of the off-site area served by an off-site improvement is subdivided by platting, or becomes subject to a large sdale development plan, the resolution approving the preliminary plat or plan shall set forth the amount of the connection fee or fees vhich shall be paid with respect to the subdivision or large scale development. (h) Connection fees shall be collected by the City prior to the time, and as a condition to approval of each final subdivision plat _ or large scale development plan described in subsection (g). Notwithstanding the foregoing, if a building permit is sought fon any property included within the area served by an off-site inprovenent before a subdivision plat or large scale development plan is required for such area, the appro- priate fee shall be paid prior to issuance of the building permit. (d) The City shall remit to the developer monthly the amount of connection fees collected during the prior month. M Ordinance No. Page 5 (j) The reimbursement permitted in this Ordi- nance is in lieu of any and all other claims for reimbursement by developer. The developer, by making application for subdi- vision plat or large scale development plan approval, waives all rights or claims against the City for reinburseneit of off-site costs, or any costs or contribu- tions incident to the developnert. (k) Off-site costs are not an obligation of the City nor a charge against its citizens or its taxirg payer. The City shall have no obligation with respect to such costs except to renit to developer the fees it collects. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provision or part of this Ordinance shall be ad- judged to be invalid or unconstitutional, such adju- dication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: CITY Approved as to Form Legaf Uepartrent M .55 �/ OROItW10E NO- gg-..3372 AN OfmINCNCE NINODG THE ZONING OROItWa BY GWIG- ING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED EAST OF FIRST AVENUE EXTETED VIA HICKORY TRAIL. Avenue extended viaHickory Tailndismlocated ist of n area zoned ID -RS; and MEWAS, the CcrrPrehensive Plan for the City of Icaa City shows Residential lard uses at a density of 2-8 dwelling units per acre in the area contain- ing the subject property; and r the properrttyisis for low and existing densityntresiadential uses for which the subject rezoning would be corrpat- 1ble; and IrHEREAS, law density single-family residential uses are the most appropriate use for this area; and W EREAS, because an adequate street network is essential to the growth and developrent of new or expanding residential areas it is necessary to Provide for secondary access if the applicant pro- poses to rezone additional land to permit residen- tial development; and 4EREAS, the applicant has agreed that no fur- ther rezoning of the balance of the applicant's property shall be allowed until secondaryaaccess is provided in accordance with the terms and conditions of a Conditional Zoning Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 71E CITY OF IOWA CITY, IOWA, THAT: SECTION I. ZONING *EN7•EPIT. Subject to the terms and conditions of the Conditional Zoning Agreement, the property described below is hereby reclassified from its present Clas- sification of ID -RS to RS -5: Commencing at the South, est Corner of the South- west Quarter of Section 1, Township 79 North, Range 6 Ikst of the Fifth Principal Meridian thence N00001'00"W 660.00 feet; thence %9635'03"E, 1,297.55 feet; thence N00043'22"W 763.95 feet; thence S89043'16"E, 302,29 feet to the Northeast Corner of Lot 73 of First and Rochester, Part Two and the Point of inning; thence NOOo25'll"E 287.94 feet; thence tL48 '46"E 187.87 feet. thence N01022'58"E, 112.41 feet.. thence N88026'44"E 175.00 feet; thence S000OO,O"E, 399.07 feet; thence SOft'001, 315.29 feet; thence S11039'36"W 251.82 feet; thence 505000'00"E, 254.63 feet; � thence 5110301001W, 162,53 feet; thence Southeasterly 35.25 feet, along a 385.53 foot radius curve, concave Northeasterly, whose 35.23 foot drord bears S81007'09"E; thence 506015143"W 277.70 feet. thence S89004'17"W, 170.00 feet; thence N04055'26"W, 12.25 M s-sS feet; thence 588054'34"W, 474,00 feet; thence 00005'48"W, 83.75 feet to the Southeast Corner of Lot 53 of said Part Two; thence N09022'53"E, 242.84 feet along the Easterly Line of said Part Two; thence N18035'CO"E, 356.00 feet along the Easterly Line of said Part Two; thence N04015'O0"E, 321.25 feet along the Easterly Line of said Part Two; thence N25038'14"E, 261.75 feet along the Easterly Line Of said Part Two; thence N00025'll"E, 23,47 feet along the Easterly Line of said Part Two to the Point of Beginning. SECTION Ii. ZONING M4P, The Building inspector is hereby authorized and directed to change the Zoning dip of the City of Ia2 City, Iowa, to con- form to this anendrent upon final passage, approval and publication of this ordinance as provided by law. SECTION III. COMITIONAL ZONING AGIE2fNT. The Mayor is hereby authorized and directed to sign, and Agreerent. the City Clerk to attest, the Conditional Zoning SECTION IV. REPEALER. All ordinances and parts of or finances in con i with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part o e finance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a vhole or any section, provision or part thereof not adjudged invalid or unconstitutional, SECTION VI. EFFECTIVE OATS. This Ordinance sha in e e a errs final passage, approval and publication as required by law. Passed and approved this 19th clay of April, 1988A:4MYOR � e ATTEST: aae�f' J CITY CLEPoC A APP ED AS TD ORM t/ LWAL DEPARTMENT ,5'58 Y M It was moved by Courtney and seconded by Strait that the Ordinance as--re—R-Fe—a-do—pFe—C and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X _ Larson X McDonald X Strait First Consideration 4/5/88 Vote for passage: Ayes: Larson, McDonald, Strait, Ambrisco, Courtney, Horowitz. Nays: None. Absent: Dickson. Second Consideration ------ Vote for passage: Date published 4/27/88 Approved as to Form 3 /d n- Moved by Courtney, seconded by Strait, Legal Department that the rule requiring ordinances to be considered and voted on for passage at two Council. meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: McDonald, Strait, Ambrisco, Courtney, Dickson, Larson. Nays: None. Absent: Iforowitz. -9-5V CONDITIONAL 704ING AGPEFMENT THIS AGREEMENT is made by and between the Citv of Iowa City, Iowa (City), and Plum Grove Acres, Inc., an Iowa Corpo- ration (Developer). PFCITALS: WHEREAS, Developer owns a tract of land located in the northeast part of Iowa City, Iowa, leoally described as fol- lows: Commencing at the Southwest Corner of the Southwest Quarter of Section 1, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence 500'01'00"W, 660.On feet; Thence N89'35'03"F, 1,297.55 feet; Thence N00'43'22'w, 263.95 feet; Thence 589'43'16"E, 302,29 feet to the Northeast Corner of Lot 73 of First and Rochester, Part Two and the Point of Beginning; Thence N00'25'11'F., 287.94 feet: Thence N88'05'46"E, 187.87 feet; Thence N01 -22'58'E, 112.41 feet; Thence N88 -26144'E, 810.19 feet; Thence S00'32'00'E, 1,325.33 feet; Thence S00'10'32'W, 333.60 feet; Thence S89'04'17'W, 829.09 feet; Thence N04'55'26'W, 12.25 -feet; Thence S88'54134'W, 474.00 feet; Thence N00'05'48'W, 83.75 feet to the Southeast Corner of Lot 53 of said Part Two; Thence N09 -22'53'E, 242,84 feet along the Easterlv Line of said Part Two; Thence N18'35'00"E, 356.00 feet alone the Easterly Line of said Part Two; Thence N04'15'00"E, 321.25 feet along the Easterly Line of said Part Two; Thence N25'38'14'E, 261.75 feet along the Easterly Line of said Part Two; Thence N00°25'11'E, 23.47 feet along the Easterly Line of said Part Two to the Point of Be- ginning. Said tract of land contains 42.54 acres, more or less, and is subiect to easements and restrictions of record and for conve- nience is hereinafter referred to as "Development Land'; and WHEREAS, Developer has applied to rezone the Development Land from the Interim Development -Residential Single Family (IDRS) classification to the Law Density Single -Family Residen- tial (RS -5) zone, and WHEREAS, the sole means of street access to the Develop- ment Land is via First Avenue and Hickory Trail; and u WHEREAS, Developer has been unable to secure property through which to provide a secondary means of access to the City's street system, and a 5.5 -7- WHERFAS, it in City's Po licv, based upon safety concerns, to limit development in areas where secondary access is neither available nor olannod; and WHF.RF.AS, the parties have agreed that twentv-seven 1271 is the maximum number of single familv residences which mnv be allowed on the Development Land before srcondary street access is provided to the area; and WHEREAS, Developer and Citv have now agreed to address said reservations and obiections by reducing the area of land to be rezoned to a portion of the Develoement Land consisting of 18.43 acres, more or less, legally described as follows; Commenting at the Southwest Corner of the Southwest Quarter of Section 1, Township 79 North, Rance 6 West of the Fifth Principal Meridian; Thence N00°01'00"W, 66n.00 feet; Thence NB9°35'03^E, 1,297,55 feet; Thence. N00°43'22"W, 263.95 feet; Thence I S89°43'16"E, 302.29 feet to the Northeast Corner of Lot 73 of First and Rochester, Part Two and the Point of Peginnlnq; Thence N00°25'11"E, 287,94 feet; Thence I N88°05'46"E, 187,87 feet: Thence NOl°22'58"F., 112,41 feet; Thence N88°26'44"E, 175,00 feet; Thence S00°00'00"E, 399.07 feet; Thence SOP-00-00-E, 315.79 feet: Thence S11°39'36"W, 251,82 feet.; Thence S05°00'00"E, 254,63 feet; Thence S11°30100"W, 162.53 feet; Thence Southeasterly 35.25 feet, along a 385.53 1 font radius curve, concave Northeasterly, whose 35.23 fact chord bears 881°07'09"8; Thence S06°15'43"W, 277.70 feet; Thence 589°04117•w, 170.00 feet; Thence N04°55'26"W, 12.25 feet; Thence SRS-54-34-W, 474.00 feet; Thence N00°05'48"W, 83.75 feet to the Southeast Corner of Lot 53 of said Part Two; Thence N09•22-53•E, 242.84 feet along the Easterly Line of Paid Part Two: Thence 1118'35'00"E, 356,00 feet along the Easterlv Line of said Pert Two; Thence N04.15-00•E, 321.25 feet along the Easterlv Line of said Part Two, ' Thence N25°38'14"E, 261.'5 feet along the Easterlv Line of said Part Two; Thence NOO°25'11•E, 23.47 feet along the Easterlv Line of said Part TWO to the Point of Be- ginning. For convenience, the above 18.43 acres, More or Joel, in here- inafter referred to as the "RS-5 Tract". Further, Citv and 1 Developer have agreed that no further u r rezonina or subdivision of the Development Land shall be allowed until a secondary street access is provided to the Development Land. ,e Ss8 -3- NOW, THEREFORE, City and Developor acree as follows: 14 City agrees to the rezoning of the RS -5 Tract as le- gally described above to Low Density Single Family Residential (RS -5) zoning classification. 3. Developer agrees that City shall not be obligated to rezone or approve suhdivision plats for any more of the Devel- opment Land (except the RS -5 Traetq until secondary street so - cess has been provided to that Development Land. 3, City and Developer agree that prior to the issuance Of building permits for lots in the RS -5 Tract, Developer shall file and obtain City approval of a subdivision plat or plats, and shall contract for and install such public improvements as the City may require pursuant to its ordinances, rules, and regulations, IN WITNESS WHEREOF, the parties hereto have caused this Conditional Zoning Agreement to be executed as of this9 day of ARL , 19R8. CITY OF IOWA CITY, IrOOWWAA��� _ ��'//j BY: 'I-i'�„""r-rC- ohn MCO_na Mayor ATTEST; Mar an K. Karr, C tv a-j`r`k PLUM GROVE ACRES, INC. BY: 12 Bruce R. C asgow, Pr a ent an Bov Secr tary STATE OF IOWA 1 JOHNSON COUNTY SS; On this ljtL day of undersigned, a Notary Pub! c n an or thn 1988sbefore hOfoIowae'ppre sonally appeared Jahn McDonald and Marla, K, Karr, to me per- sonally known, who, hefno by me duly sworn, did say that they are the io vor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal cor- 55-017 -4 - potation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instru- ment to be the voluntary act and deed of said municipal corpo- ration, by it and by them voluntarily executed. votary Pu61'icc ln3ncoorr to State of Iowa. STATE OF IOWA 1 1 SS: JOHNSON COUNTY 1 On this I1 day of✓tV 1988, before me, the undersigned, a Notary Public n an for Che State of Iowa, per- - _ sonally appeared Bruce R. Glasgow and Frank Boyd, to me person- ally known, who being by me duly sworn, did say that they are the President and Vice President and Secretary, respectively, of said corporation executing the within and foregoing instru- ment; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Bruce R. Glasgow and Frank Boyd, as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. . nJ01N6 mO l.4 fnrr Le yart Public in and for the ' State of Iowa. 02/45-01-70 N 558 1.G51N!Tldat it AN ORDINANCE LAUDING THE ZONING ORDINANCE BY OIANGING THE USE REWTIONS OF CERTAIN PWOM LOCATED IN THE %URWEST WADRANF OF THE INTg SEC- TION OF WALDEN MAD AND FL(d+CN TREK BOULEVARD WIEREAS, an area of approximately 4.75 acres south of Walden Road and west of Fbrmon Trek Boulevard is presently zoned RS -8, medium -density single-family residential; and WOW, the Comprehensive Plan has been arcaded to designate this area for residential development at a density of 8-16 dwelling units/acre; and WfREAS, the existing development directly north of Walden Road is townhouses at a density of 12 dwelling units/acre, and the existing develgrnert to the south is duplex condominiums at a density of 8 dwelling units/acre; and WiO;EAS, a request has been received to rezone the 4.75 acres from RS -8 to 144-12, low-density multi -family residential, which would permit the construction of multi -family and roaming house units; and WlERFAS, the rezoning of this property to 144-12 would permit development which was compatible with existing uses arid, due to the topography of the area, would not adversely affect the future dmlcp- ment of properties to the south. NOW, THEREFORE, BE IT ORDAINED BY THE CITY MKIL OF THE CITY OF IOWA CITY, IOWA: "'T"' 1. ZONING AMMOYENT. The property described below is hereby reclassified from its Present classification of RS -8 to 144-12: A tract of land in the northAest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 Vest of the 5th principal 1431dian described as: Camexing at the northeast axre- of the northwest quarter of the soA[ est pater of Section 17, Township 79 Neth, Rage 6 West of the 5th Principal 6tridian; thence south 00'38'44" east - 302.00 feet along the east line of said quarter quarter and the centerline of Mormon Trek Boulevard to the southeast corner of Walden Ridge, Part 1, according to the plat recorded in Plat Book 23, Page 10, tf= Cont Recorder's Office, said point also being the Point of Beginning of the parcel herein described; these south 89°21'16" west - 78.43 feet along the south line of said Walden Ridge, Part 1; thence westerly 83.70 feet along said south line of Walden Ridge, Part 1, along a 304.49 foot radius curve concave northerly to a point that lies north 82.46114" west - 63.44 feet of the last described point; thence north 74453144" west - 145.31 feet along said south line of Walden Ridge, Part 1; thence southwesterly 129.89 feet along said south line of Walden Ridge, Part 1 along a 79.17 That radius Ordinance No. Page 2 curve corcave southeasterly to a point that lies south 58°06116" rest - 115.60 feet of the last described point; thence south 11'06'16" west - 51.00 feet along said south line of Walder Ridge, Part 1; thence north 82°08'44" rest - 50.08 feet along said south line of Walden Ridge, Part 1; thence south 11006'16" gest - 233.10 feet; thane southwesterly 94.83 feet along a 154.05 foot radius curve concave northwpesterly to a point that lies south 28°44'22" rest - 93.34 feet of the last described point; thence south 43037133" east - 103.19 feet; thence north 89.21'16" east - 186.00 feet; thence north 44'21'16" east - 77.85 feet; thence north 89°21'16" east - 241.72 feet to a point on the east line of said quarter quarter and centerline of Mormon Trek Boulevard, said point lying north 00038'44" vast - 293.73 feet north of the northeast corner of Walden Wood, Part I, according to the plat recorded in Book 22, Page 60, Johnson County Recorder's Office; thence north 00.38'44" rest - 381.72 feet to the Point of Beginnirg. Said tract contains 4.75 acres, including .75 acres of street right- of-wy. SECTICN II. ZCNING MP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of lova City, Iowa, to conform to this anendnent upon final passage, approval and publication of this ordinance as provided by law. SECTION 1II. REPEALER: All ordirmces and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTICN IV. SEVMILIlY: If any section, provi- sion 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 whale or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTICN V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by laa. Passed and approved this h14YOR ATTEST: CITY CLERK Approved as to Form Q4 'l•r4-88 T Legal Oeparbnent 56A.. V M It was moved by and seconded by that the Ordinance as rea e a opte , and upon roll cal I there were: AYES: NAYS: ABSENT: Ambrisco Courtney Dickson Horowitz Larson McDonald Strait First Consideration Vote for passage: Second Consideration Vote for passage: Date published V STAFF REPORT To: Planning & Zoning Commission Item: Z-8806. Iowa City Retirement Residence, Mormon Trek & Walden Road - RS -8 to RM -12. GENERAL INFORMATION: Applicant: Requested action: Purpose: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: 45 -day limitation period: BACKGROUND: Prepared by: Karin Franklin Date: March 17, 1988 Jeffrey A. Wright Development Co. 2817 Boyer Avenue E. Seattle, Washington 98102 Rezoning of a tract of land from RS -8 to RM -12. To enable the construction and operation of a residential facility for the frail elderly. 4.34 acres. Undeveloped; RS -8. North - multi -family residen- tial; OPDH-12. East - farmstead; RS -8. South - undeveloped and duplex condominiums; RS -8. West - undeveloped; RS -8. Residential 2-8 DU/acre. April 21, 1988 The Jeffrey Wright Development Company proposes the construction of a retirement center for the frail elderly. The center would consist of 112 units or rooming suites in which one or two people between the ages of 65 and 95 would reside, Meals, transportation via a private bus, and basic care would be provided. The property they have chosen for a site is in the southwest quadrant of the intersection of Walden Road and Mormon Trek Boulevard. It is currently zoned RS -8, single family and duplex residen- tial. The proposed project will require a rezoning to a category which will permit the intensity of use appropriate for a residence for the elderly. A request to rezone the property to RM -12, and ultimately OPDH- 12 with approval of the planned development, is before the Commission. ANALYSIS: The development density proposed is approximately one person/1294 square a feet of land area or 33 people per acre. Since there is no density for elderly housing prescribed in the ordinance in the lower density categories, rooming houses in the RM -12 zone were used to extrapolate an �56�, Page 2 intensity of use which would be comparable to density (DU/acre) for purposes of a planned development (OPDH). The rooming house density in RM -12 assumes a maximum of three people for 2725 square feet of lot. This equates to 48 people per acre, a more intense use of land than proposed for this project. The RM -12 zone was selected since that is the first zone in which rooming houses are permitted and the 12 unit per acre density is already established directly north of the proposed project. Comprehensive Plan. The Short -Range Plan shows a residential density of 2-8 DU/acre for an area south of a line of Benton Street extended to the west to the southern corporate limits. Part of this area has been zoned and built under OPDH- 12 development already. A small area just north of Rohret Road developed as OPDH-8. Any additional OPDH-12 development, even though it is contiguous to existing OPDH-12 development, should be done in conjunction with a Plan amendment since the quantity of OPDH-12 development becomes a significant change in the policy for the area. Rezoning to RM -12. Despite the fact that a Comprehensive Plan amendment is required, the staff supports the project request. The RS -8 zoning in place was intended to provide a transition between the intense multi -family development to the north of Walden Road and the RS -5 development anticipated to the south of Rohret Road. Duplexes or single family at a higher density were seen as the means of achieving this transition. The type of project proposed in this case - housing for the frail elderly - should also provide such a transition. The project contains characteristics of both neighboring uses. It is a multiple living situation; however, given the clientele, there should be little or no conflict between the proposed residence and duplex or single family residences to the south. Setbacks and screening of the site can also facilitate the transition. Since the proposal is for a planned development as well as a rezoning, site plan review and approval will be part of the process and can provide assurances of an attractive and integrated development. The arguments in support of this rezoning rest in the fact that a retirement residence is proposed. Therefore, the rezoning should be approved based on the planned development. Planned Development. A preliminary site plan is enclosed to introduce the Commission to the proposal. A complete site plan will be presented for the April 7 meeting with a staff analysis. The building configuration generally follows the topography of the area. A three-story building is proposed. There are 112 units which will consist of efficiency, one -bedroom and two-bedroom suites without kitchens. Parking spaces are provided to meet the Code requirements, however, the applicant intends to seek a reduction in the amount of parking required since the average age of the tenants is expected to be 80 years of age and transportation will be provided by the residence. Elimination of some of the future parking on the south side of the site will allow more open space between this development and future development to the south. Access to the site is from Walden Road exclusively; there will be no access from Mormon Trek Boulevard. S6 a- V M Page 3 Prior to any approval of the rezoning or planned development overlay plan, a subdivision of the tract will need to be submitted and approved. A subdivision plat is anticipated for the Commission's review on April 7. The rezoning and planned development were brought to you at this time, at the applicant's request, to permit the Commission two meetings for review. Economic Impact. The estimated value of the proposed project is $4 million. Based on a levy of $11.54919/51,000 assessed value, the estimate of annual tax revenue generated by this development is $46,196. Since a full range of municipal services is in place at the proposed site, this development is expected to have no impact on the efficient provision of those services. STAFF RECOMMENDATION: Staff recommends deferral of the requested rezoning and OPOH plan pending resolution of the deficiencies and discrepancies listed below. Upon such resolution, the staff recommends approval of a Comprehensive Plan amend- ment and rezoning from RS -8 to RM-12/OPDH-12. DEFICIENCIES AND DISCREPANCIES: 1. Evidence of ownership or a legally binding option must be submitted. 2. A schedule of completion is required. 3. The plan should be labeled "Preliminary and Final Planned Development Housing Overlay Plan and Large Scale Residential Development Plan." 5. The plan should be completed to meet the LSRD and OPDH requirements. 6. A subdivision of the tract must be submitted and approved. ATTACHMENTS: I. Location Map. 2. Legal description of the property to be rezoned. 3. Applicant's statements regarding the project. ACCOMPANIMENTS: Site plan. Approved by: Donald Schmeiser, Director Department of Planning and Program Development 5io �- it CN 1 .� 0 �K'RS 5 s$ I Y J� M LXATIO� MAP ✓L LG Iit = loo, J S6z WALDEN WOOD, PART 2, Lot 1 LEGAL DESCRIPTION A tract of land in the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian described as: Commencing at the northeast corner of the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence S 0038'44" E - 302.00 feet along the east line of said quarter quarter and the centerline of Mormon Trek Boulevard to the southeast corner of Walden Ridge, Part 1, according to the plat recorded in Plat Book 23, Page 10, Johnson County Recorder's Office, said point also being the Point of Beginning of the parcel herein described; thence S 89021'16" W - 78.43 feet along the south line of said Walden Ridge, Part 1; thence westerly 83.70 feet along said south line of Walden Ridge, Part 1 along a 304.49 foot radius curve concave northerly to a point that lies N 82046'14" W - 83.44 feet of the last described point; thence N 74053'44" W - 145.31 feet along said south line of Walden Ridge, Part 1; thence southwesterly 129.89 feet along said south line of Walden Ridge, Part 1 along a 79.17 foot radius curve concave southeasterly to a point that lies S 58006'16" W - 115.80 feet of the last described point; thence S 11006'16" W - 51.00 feet along said south line of Walden Ridge, Part 1; thence N 82008'44' W - 50.08 feet along said south line of Walden Ridge, Part 1; thence S 11006'16" W - 233.10 feet; thence southwesterly 94.83 feet along a 154.05 foot radius curve concave northwesterly to a point that lies S 28044'22" W - 93.34 feet of the lost described point; thence S 43037'33" E - 103.19 feet; thence N 89021'16" E - 186.00 feet; thence N 44021'16" E - 193.42 feet; thence N 89°21'16" E - 160.00 feet to a point on the east line of said quarter quarter and centerline of Mormon Trek Boulevard, said point lying N 0038'44" W - 372.48 feet north of the northeast corner of Walden Wood, Part ° 1, according to the plat recorded in Book 22, Page 60, Johnson County Recorder's Office; thence N 0°38'44" W - 300.00 feet to the Point of Beginning. Said tract contains 4.34 acres including 0.68 acres of street R.O.W. S� z M T ..A February 23, 1989 Cli�f£ord Curry Karen Franklin Senior PLenner City of Iowa City 410 East Washington Street Iowa City IA 52240 NOTE: Corrections reflect amended plap-,L, To assist you in your review of our application, we have prepared the foLLowing summery. CONCEPT 79 The Retirement Residence is a 1U suite Facility for the elderly. Our concept is designed for those who are stiLL embuLatory, but in need of some support. Private rooms afford the advantages of independent Living while the services included provide support, security and friendship. The private suites include studio, one and two bedroom versions. Each is simiLer to an apartment except e kitchen is not included. Services incLudo three prepared meals daily, housekeeping, Laundering, private bus transportation and various activities. Staff are "in house" 24 hours a day. The monthly rent payment covers the private room, aLL services and utilities. Typically our resident will be a single person in their Late 70's or 80's. Approximately 10% of the rooms�ii3LL be rented by coupLes making a total. building population of Aral Fewer than 25% of the residents wiLL be driving their own cars. SITE DESIGN Neighborhood competabiLity is achieved in the site pLanning and building design. The wing ends and building center step down from three to one story which provides for privacy and a gentLe change of scale. Care was token to minimize the impact to the existing community. OFFICE 471 HIGH S.E. P.O. BOX 40, SALEM, OREGON 97308-0040 (503) 399.1090 S� z Karen Franklin Senior PLenner City of Iowa City 410 East Washington Street Iowa City IA 52240 NOTE: Corrections reflect amended plap-,L, To assist you in your review of our application, we have prepared the foLLowing summery. CONCEPT 79 The Retirement Residence is a 1U suite Facility for the elderly. Our concept is designed for those who are stiLL embuLatory, but in need of some support. Private rooms afford the advantages of independent Living while the services included provide support, security and friendship. The private suites include studio, one and two bedroom versions. Each is simiLer to an apartment except e kitchen is not included. Services incLudo three prepared meals daily, housekeeping, Laundering, private bus transportation and various activities. Staff are "in house" 24 hours a day. The monthly rent payment covers the private room, aLL services and utilities. Typically our resident will be a single person in their Late 70's or 80's. Approximately 10% of the rooms�ii3LL be rented by coupLes making a total. building population of Aral Fewer than 25% of the residents wiLL be driving their own cars. SITE DESIGN Neighborhood competabiLity is achieved in the site pLanning and building design. The wing ends and building center step down from three to one story which provides for privacy and a gentLe change of scale. Care was token to minimize the impact to the existing community. OFFICE 471 HIGH S.E. P.O. BOX 40, SALEM, OREGON 97308-0040 (503) 399.1090 S� z 0 r Karen Franklin February 23, 1988 Page 2 The site is to be extensively Landscaped. UsebLe outdoor spaces include extensive Lawn and a pertiaLLy covered patio off the craft and exercise rooms. There are paths which connect aLL exits from the building to provide waLking areas for the residents. Vehicle access is proposed from 96*V"XYW9X§W96VrXJ4XdXl);U Walden Road. We have provided parking for MK)(lVers. (Our experience indicates an average need for one space for each four rooms or 29 spaces in this case.) BUILDING DESIGN The building construction wiLL be wood frame with brick and wood siding. The building interior design hes common areas for a variety of uses. There is a common dining room and kitchen for shared meals. There wiLL be a multi—purpose room, beauty shop, crafts room, tv room, lounges and exercise room. The circulation is organized around a central atrium. Each room wiLL be connected to the manager with both emergency puLL cords and voice communications. The building will be fully fire sprinkLered. I am encLosing data gathered from our experience with our projects. If you have questions or need additional information, pLease do not hesitate to contact us. SinWCLif Enclosures iacappl:ia/mft $'6 Z backup(1):a/mft SUITES ACRE 22.6 38.8 21.2 35.1 25.0 28.1 29.6 44.5 45.5 43.9 34.3 26.3 33.4 S(o .C, SUITES/SITE ACREAGE MANAGED BY HOLIDAY RETIREMENT CORP. AS OF 01-13-87 RETIREMENT RESIDENCETOTAL — SUITES SITE AREA—ACRES CALIFORNIA HiLLtop, Redding MagnoLis, Riverside Oakmont, Chico Redwood, Napa Bridgecreek, West Covina 96 97 92 97 108 4.25 2.50 4.34 2.76 4.32 COLORADO Sunridge, CoLorado Springs Mese View, Grand Junction The Regency, Pueblo 90 1118 97 3.20 3.65 2.18 OREGON Gresham Manor, Gresham Rogue VeLLey, Grants Pass 102 90 2.24 2.05 WASHINGTON Capitol Manor, Olympia Harvard Perk, Spokane Parkway Chateau, Bellingham 104 105 109 3.03 4.00 3.26 backup(1):a/mft SUITES ACRE 22.6 38.8 21.2 35.1 25.0 28.1 29.6 44.5 45.5 43.9 34.3 26.3 33.4 S(o .C, V m COMPARISON OF LOT SIZE AND FOOTPRINT SQUARE FOOTAGE MANAGED BY HOLIDAY RETIREMENT CORP. AS OF 03-24-87 '5-6;L PERCENTAGE LOT FOOTPRINT LOT COVERED SQ FT SQ FT BY BLDG BRITISH COLUMBIA. CANADA *Victoria, Victoria 109,956 28,795 26.0 CALIFORNIA Bridgecreek, West Covina 188,182 38,059 20.2 HiLLtop, Redding 185,130 37,292 20.1 Les Brisas, 344,394 30,997 9.0 Sen Luis Obispo Magnolia, Riverside 108,900 37,391 34.3 *Mission Commons, Redlands 287,337 52,319 48.0 Modesto, Modesto 156,900 29,429 27.0 Oakmont, Chico 108,900 34,448 31.6 *Pinole, Pinole 123,694 23,503 19.0 Redwood, Nape 120,225 28,470 23.7 *Visa Lia, Visolia 116,466 29,429 25.0 COLORADO *Ft. CoLLins, Ft. Collins 140,000 49,833 35.0 GroeLey, Greetey 80,000 29,646 37.1 *Lakewood, Lakewood 82,360 29,226 41.0 Longmont, Longmont 120,852 29,252 24.0 Meso View, Grand Junction 207,171 37,880 18.3 Sunridge, CoLorado Springs 131,551 29,654 22.5 The Regency, Pueblo 95,000 28,443 29.9 GEORGIA *Atlanto, Decatur 130,575 27,264 21.0 IDAHO Chateau de' Boise, Boise 108,900 27,542 25.3 LOUISIANA *Kenner, Kenner 84,240 29,031 35.0 Nouveau Mark, Now Orleans 111,168 29,031 27.0 *Shreveport, Shreveport 102,529.33 29,923 29.0 NEVADA Carson City, Carson City 130,566 20,443 21.0 OREGON Garden VaLLey, Roseburg 89,429 22,392 25.0 Gresham Manor, Gresham 97,357 33,715 34.6 Rogue VaLLey, Grants Pass 89,298 27,690 31.0 RoyeL Oak, Medford 196,020 29,302 14.9 The Regent, CorveLLis 296,208 2D,385 6.9 '5-6;L TEXAS *Arlington Retirement The Clairmont, Amarillo 109,423 30,899 2 8.2 95,000 28,443 299..99 UTAH Harrison House, Ogden Orem, Orem 76,926 23,755 30.8 164,613 30,285 18.0 WASHINGTON Capitol Manor, Olympia Harvard Perk, Spokane 131,880 32,480 24.6 Parkway Chateau, 174 240 141,798 34,376 19.7 BeLLingham ' 30,987 21.8 average coverage: 26.01% ° Approved/currently under construction backup(2):a/mft V 5� z I AVERAGE SQUARE FOOTAGE PER SUITE MANAGED BY HOLIDAY RETIREMENT CORP. AS OF 03-24-87 RETIREMENT RESIDENCE SUITES TOTAL SO FT AVG SO FT PER SUITE BRITISH COLUMBIA CANADA °Victoria, Victoria 91 74,731 777 CALIFORNIA Bridgecreek, West Covina 108 86,257 799 Hilltop, Redding 96 72,991 760 Las Bri sea, San Luis Obispo 100 82,436 824 Magnolia, Riverside 97 71,234 734 4Mission Commons, Redlands 193 135,600 708 Modesto, Modesto 102 78,751 772 Oakmont, Chico *Pinole, Pinola 92 66,242 720 Redwood, Nape 96 79,121 024 °Visalia, Visalia 97 70,083 723 101 78,751 780 COLORADO *Ft. Collins, Ft. Collins 110 90,667 824 *Lakewood, Lakewood 90 77,294 858 Longmont, Longmont 96 74,869 780 Mose View, Grand Junction 101 79,699 789 Sunridge, Colorado Springs 90 74,155 824 The Regency, Pueblo 97 77,486 807 GEORGIA *Atlanta, Decatur 102 75,645 741 IDAHO Chateau do' guise, Boise 98 69,804 712 LOUISIANA *Kenner, Kenner 111 85,950 774 Nouveau Mark, New Orleans 108 83,910 777 *Shreveport, Shreveport 101 80,629 798 NEVADA Carson City, Carson City 96 74,656 777 OREGON u Garden Valley, Roseburg 92 72,571 789 Gresham Manor, Gresham 102 82,420 808 Rogue Valley, Grants Pass 90 74,917 832 Royal Oak, Medford 90 69,031 776 The Regent, Corvallis 82 69,760 851 M TEXAS *Austin, Austin 110 The CLairmont, AmariLLo 96 UTAH Harrison Regent, Ogden 90 Oram, Orem 97 WASHINGTON CopitoL Manor, OLympio 104 Harvard Park, Spokane 105 Parkway Chateau, BeLLinghem 109 The average square footage per suite is 786. ° Approved/currently under construction beckup(3):a/mft 4' 87,763 844 83,259 793 83,693 768 SG e?— 86,914 790 75,992 792 69,843 775 78,767 812 87,763 844 83,259 793 83,693 768 SG e?— NUMBER OF OCCUPANTS/SUITES OCCUPIED MANAGED BY HOLIDAY RETIREMENT CORP. As of 04-23-B7 RETIREMENT YEAR SUITES NUMBER AVERAGE RESIDENCE OPENED OCCUPIED OCCUPANTS PER STE CALIFORNIA Bridgecreek, West Covina 1986 Hilltop, Redding 1985 Holiday Gardens, Fresno 1977 MagnoLis, Riverside 1985 Oakmont, Chico 1985 Redwood, Napo 1985 COLORADO 84 Greeley PLace, Greeley 1986 Longmont Regent, Longmont 1986 Pueblo Regent, Pueblo 1985 IDAHO 56 Chateau de' Boise, Boise 1984 OREGON 80 Eugene Cam Lu, Eugene 1972 Garden VeLley, Roseburg 1984 Madrona HiLls, Salem 1980 Regent, CorvaLtis 1981 RoyaL Mark, MiLWaukee 1980 RoyaL Oak, Medford 1984 SoLvang, Eugene 1982 WASHINGTON 1.10 Harvard Park, Spokane 1985 Parkway Chateau, BeLLingham 1985 106 119 1.12 105 118 1.12 77 82 1.06 95 102 1.07 73 84 1 .15 92 108 1.17 . 35 37 1.06 56 63 1.13 71 80 1.13 84 87 1.04 54 54 1.00 91 99 1.09 102 110 1.08 73 60 1.10 72 77 1.07 85 97 1.14 99 112 1.13 105 118 1.12 100 111 1.11 AVERAGE NUMBER OF OCCUPANTS PER OCCUPIED SUITE 1.10 beckup(4):a/mft V V s ..y SUITES/APPROVED PARKING SPACES MANAGED BY HOLIDAY RETIREMENT CORP. AS OF 03-24-87 RETIREMENT RESIDENCE BRITISH COLUMBIA. CANADA *Victoria, Victoria CALIFORNIA Bridgecreek, West Covina Hilltop, Redding Les Brisas, Sen Luis Obispo Magnolia, Riverside *Mission Commons, Redlands Modesto, Modesto Oakmont, Chico *Pinole, Pinole Redwood, Napa *Viselia, Visalia COLORADO *Ft. Collins, Ft. Collins *Lakewood, Lakewood Longmont, Longmont Mase View, Grand Junction Sunridge, Colorado Springs The Regency, Pueblo GEORGIA *Atlanta, Decatur IDAHO Chateau do' Boise, Boise LOUISIANA *Kenner, Kenner Nouveau Mark, New Orleans *Shreveport, Shreveport OREGON Gorden Valley, Roseburg Gresham Manor, Gresham Junction City, Junction City Rogue Valley, Grants Pass Royal Oak, Medford NEVADA Carson City, Corson City PARKING SPACES SUITES SPACES PER SUITE 91 43 .47 108 54 .50 96 41 .43 100 45 .45 97 35 .36 139 104 .74 102 65 .63 92 51 .55 96 51 .53 97 52 .54 101 53 .52 N/A N/A N/A 90 52 .57 96 67 .69 101 39 .39 90 45 .50 97 41 .42 102 60 .58 98 42 .43 111 43 .38 10B 33 .51 101 52 .51 92 45 .49 102 46 .45 67 19 .28 90 40 .44 90 45 .50 96 58 .60 m TEXAS 'Austin, Austin 110 64 .58 The CLairmont, Amarillo 96 41 .43 UTAH Harrison House, Ogden 90 39 .43 Orem, Orem 97 54 .55 WASHINGTON CapitoL Manor, Olympia 104 56 .54 Harvard Park, Spokane 105 39 .37 Parkway Chateau, BeLLinghem 109 60 .55 The average number of parking spaces approved per suite is 0.50 ° Approved/currently under construction. backup(5):a/mft S�z V I r.._1 TRAFFIC To help you understand the traffic Loadings, we have prepared these estimates based on 1o0 suites. 10 service trips per day 8 van trips 60 resident trips (20% may have cars; 3 trips per day each) 60 visitors to residents (if 20% have visitors per day) 40 other visitors per day 24 staff trips per day to and from work This would result in an average totaL of 215 trips generated per day by the retirement residence. backup(6):a/mft S6.Z EMPLOYEES There wiLL be five full—time and six part—time empLoyeas; five will be there at most times. WATER CONSUMPTION These are some figures on sewage flows for the Madrona HiLLs Retirement Residence which HoLiday Management operates in SaLem, Oregon. Also included are the figures for an apartment complex in Satem which is Of similar size to Madrona Mitts Retirement Residence. For comparison, water usage was used to figure sewer flow. Madrona HiLLs Retirement Residence provides the foLLowing services for its clients: private room, central dining room and food service, maid service, and a full Line of social activity programs. The average retirement home water usage for two months exclusive of ground irrigation was 49,700 cubic feet. 'The average census of Madrona Hilts Retirement Residence during this period was 105, which figures to a monthly per person average of 236.6 cubic feet, or 7.8 cubic feet per day (approximately 59 get tons). The apartment complex used for comparison is Located at 585 Winter Street, Setem, Oregon. The complex contains 101 apartments. The average water usage for a two—month period was 106,500 cubic feet excLusive of grounds irrigation. The average month's use per apartment was 263.8 cubic feet, or 17.5 cubic feet per day (approximately 131.2 gaLLons). The motel/hotel used for comparison has 150 rooms plus a dining room which seats 120 and a Lounge seating 125. Its average water usage for a two—month period was 171,500 cubic feet exclusive of grounds irrigation. If this hotel was downsized to match our retirement residence the water usage wouLd be 114,333 cubic feet. In summary, the retirement residence used only approximateLy 46% of the water used by the apartments, and 43% of a comperebLe size hotel/motel with associated resteurent/bar. An average singLe—famity dwelling unit uses 1900 cubic feet of water every two months or 31.66 cubic feet per day. The foots suppLied were provided by Don Johanson of the City of SeLem, Department of Public Works, who selected the comparison and calculated the water flows. Y backup(7):e/mft M S�� WATER CONSUMPTION October 1980 to October 1984 MADRONA HILLS RETIREMENT CENTER 707 Madrona Avenue Se Lem, Oregon ALL consumption figures are given in cubic feet and for two—month periods. DATE 10-07-80 1 2-08—BO 02-06-81 04-07-81 06-09-81 OB -07-81 10-06-81 12-08-81 02-03-82 04-05-82 06-09-82 08-03-82 10-05-02 12-04-82 02-03-83 03-31-83 05-01—B3 08-02-83 10-03-83 12-05-83 02-02—B4 a3 -30—B4 05-31-84 08-02-84 10-04-84 1 CONSUMPTION 84200 61 400 46100 50200 5000 (Dead) 57500 166800 91 200 67300 65000 102500 110200 109300 70300 67200 58100 52000 134.900 134200 84000 49700 72000 78500 120700 149700 Figures provided by Don Johansen of the City of Selem, Department of Public Works. backup(81:a/mft 0 u P Magnolia Retirement Residence Riverside, California Water Consumption 05-12-87 MONTH CONSUMPTION AMOUNT (CCF1 1986 January 436 $248.10 February 395 227.60 March 335 198.10 April 406 233.10 May 543 301.60 June 497 278.60 JULY 513 286.60 August 600 330.10 September 503 281.60 October 572 316.10 November 385 222.60 December 456 258.10 - 1987 January 392 5226.10 February 395 227.60 March 265 162.60 SG.Z w M HOLIDAY MANAGEMENT CO. PARKING SURVEY RESULTS MAY 78, 1986 FACILITY TOTAL UNITS OCCUPIED 1 OF PARKING 1 OF 1 OF RESIDENTS 1 OF EMPLYEE 1 OF TOTAL UPARKI 5R OCCUPD UNITS RESIOEhIS UNITS PLACES RESIDENTS CARS CARS PARKING PERCENT xNITS PER PEA __ ...._ ._____jq _• USED OCCUPIED PLACE CA6 Rca.c the 6RIOSECREEK ��--5-- --"'5'- -• CAR CHATEAU DE BOISE TOB 97 93 , +3 11 58 21 0 {S.J2 15.11 7,p ........ _ _ CLAIRMONT 96 7q 51 I41 77 6 87.5E 95.91 7,1 ?.I, 7.1 yl EUGENE CAMLU 59 59 35 B? 25 10 68.61 82,]1 I.9 J.t 3.9 2 v GARDEN VALLEY 1 77 14 d0 4 5 25.71 100.01 I.7 6RESHAM MANOR 197 71 16 B7 32 !U 95.51 81.61 2.1 11.4 15.0 HARRISON REGENT 90 BI 36 80 ?I 7 61.91 71.61 •. 2.1 2.7 3 HARVARD PARI: 105 lU? 19 B7 71 ] 17,82 97.71 •�� 2. 7.5 } . 3'6 '''6 HILLTOP 95 19 III 34 3 81.61 57.11 2.7 1,o 4,1 L y HOLIDAY GARDENS 71 77 B 97 23 II 6Y.41 9).71 1.9 },t :•7 7,1 HOLIDAY PARI: IB 49 8 B5 15 B 61.51 !14.01 7.0 3.9 1.2 1 1 NATRONA HILLS 07 96 56 51 6 2 100.01 100.01 6.0 5.1 MAGNOLIA 95 95 1p lU{ 19 9 SU. uX 94,I1 1.8 R.J 9,4 u OAKMONi 91 75 53 1U5 ]2 8 TOO. U! IU1.01 2'1 5.1 5.5 1s PARI.YAY CHATEAU THE PUEBLO 109 69 64 B9 80 16 6 {1.51 82.11 1.7 J•0' 1.7 1 1 31 P.EBENT S7 51 11 62 17 II I6.71 67.JT I.B 1.1 RESENT 97 96 J7 1I3 21 IS 2 63.61 55.71 2,7 2.6 1.7 3'0 11 RENO CAMLU 82 70 66 19 72 20 6 9 Bd.U1 59.21 99.01 1 7 ? "� 31 '' Y R06UE VALLEY bl ]U 39 65 7 9 53.31 Bo, 57. 91.11 1'7 2•J ].3 l.: 7, Y ROYAL MARC �� �2 �7 74 77 16 b 56. IX 7{,11 7.3 9.1 4.2 9,3 11 ROYALOAKBB B2 63 90 19 9 2 B. B1 97.51 1.5 12.1 I.e 17.E 12, Y ,UNRID6E yp 97 51 105 35 9 B 11.Ii 81.31 93.1I 1.4 1.3 1.7 7.1 ]7 N 7 7 98.01 1.9 ?.8 1.0 '63 COMPANY TOTAL 2155 1000 -- '-""" 31.AY ------•. 41.11 2.0 5J S1 1$ 1017 1970 -•' - ------- --- 186 '- I73 61_21 -....... 83.51 ....... 2,0 ),) 4.1 515 ' Avg-- ZY% 5-4 1?- ORDINANCE W. AN CIRDINANCE APPROVING THE PRELIMINARY ND FIWL PUNNED DEVELORUT Ha SING OVERLAY FOR THE IOWA CITY REfIRDW RESIDENCE ON LOT 1, WUM WOOD, PART 2 WHEREAS, the City of Iowa City has received a proposal to develop 112 units as a retir hent residence for the elderly; and WHEREAS, the Comprehensive Plan has been amxW and the area of the project has been zoned R4-12; and WHEREAS, the density of the proposed development does rat exceed that of the underlying R4-12 zone. NOW, THEREFORE, BE IT CFm4INED BY 1HE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTICN I. PLAN APROVAL. The preliminary and final planned development housing overlay plan for the Ioe City Retirement Residence on Lot 1, Walden Wood, Part 2, is hereby approved and legally described as follows: A tract of land in the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Meridian described as: Commencing at the northeast corner of the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Meridian; thence south 00'38144" east - 302.00 feet along the east line of said quarter quarter and the centerline of Mormon Trek Boulevard to the southeast corner of Walden Ridge, Part 1, according to the plat recorded in Plat Book 23, Page 10, Johnson County Recorder's Office, said point also being the Point of Beginning of the parcel herein described; thence south 89'21116" west - 78.43 feet along the south line of said Walden Ridge, Part 1; thence westerly 83.70 feet along said south line of Walden Ridge, Part 1, along a 304.49 foot radius curve concave northerly to a point that lies north 82'46114" west - 83.44 feet of the last described point; thence north 74'53'44" west - 145.31 feet along said south line of Walden Ridge, Part 1; thence southwesterly 129.89 feet along said south lime of Walden Ridge, Part 1 along a 79.17 foot radius curve concave southeasterly to a point that lies south 58'06116' west - 115.80 feet of the last described point; thence south 11'06116' west - 51.00 feet along said south line of Walden Ridge, Part 1; thence north 82'08144-- west 2'08'44"west - 50.08 feet along said south line of Walden Ridge, Part 1; thence south 11'06116' west - 233.10 feet; thence southwesterly 94.83 feet along a 154.05 foot radius curve concave northwesterly to a point that lies south .56� ordinance No. Page 2 28°44'22" west - 93.34 feet of the last described point; thence south 43°37133" east - 103.19 feet; thence north 89`21116" east - 186.00 feet; thence north 44°21'16" east - 71.85 feet; dunce north 89'21116" east - 241.72 feet to a point on the east line of said quarter quay ter and centerline of Mormon Trek Smlerard, said point lying north 00`38'44" west - 293'73 feet north of the northeast comer of Walden Wood, Part 1, according to the plat recorded in Book 22, Page 60, Johnson Canty Recorder's office; thence north 00°38'44" west - 381.72 feet to the Point of Beginning. Said tract contains 4.75 acres, including .75 acres of street right -of -Way. SECTION II. VARIATIONS. Variation fran the underlying W1-12 zone is as follows.. The use approved for the site is elderly housing. SECTION III. REPEALER: All ordinaries ad � of ordinances in conflict with the Provisions of this ordinarce are hereby reps SECTION IV. SEVERABILITY: If any section, provi- sion or part or 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 rat adjudged invalid or unconstitutional. SECTION V. EFFECTIVE [NTE: This Ordinance shall be in effect after its final passage, approval and publication as required this law. Passed and app MAYOR ATTEST: CITY CLEW, Approved as to Form M4-ry-rr Lej5M Department S4 r It was moved by and seconded by that the Ordinance as reale aTopte— and upon roll cal I there were: AYES: NAYS: ABSENT: Ambrisco Courtney Dickson Horowitz Larson McDonald Strait First Consideration Vote for passage: Second Consideration Vote for passage: Date published Y .5W M STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin Item: 5-8809. Walden Wood Part Two - Date: April 7, 1988 Iowa City Retirement Residence. Preliminary and Final Subdivision Plat, Planned Development Housing Plan and Large Scale Residential Development Plan GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45 -day limitation period: 60 -day limitation period: Braverman Development Company 325 E. Washington Street Iowa City, Iowa 52240 J. Wright Development Company 111 Third Avenue, Suite 700 Seattle, Washington Approval of a preliminary and final subdivision plat, planned development housing plan and large scale residential development plan. To construct a 112 -unit retirement center for the elderly. Southwest quadrant of the intersection of Walden Road and Mormon Trek Boulevard. 4.75 acres. Undeveloped; RS -8. North - townhouse residential; OPOH-12. East - farm; RS -8. South - undeveloped and single family residential; RS -8. West - undeveloped; RS -8. Residential 2-8 DU/acre. March 16, 1988. May 2, 1988. May 16, 1988. Page 2 SPECIAL INFORMATION: Public utilities: Public services: Transportation/access: Physical characteristics: BACKGROUND: Adequate sewer capacity exists in the local line; plant capacity will exist with improvements to the existing plant. Adequate water service is available. Sanitation services will be privately provided. Police and fire protection will be provided by the City. The retirement residence will have a sprinkler system. Access is provided from Walden Road. A private transportation system will be provided by the residence. The topography slopes from the center of the subdivision to the south and north. Braverman Development Company owns a tract of land which it wishes to subdivide into two lots. These two lots constitute the further subdivision of an original tract of 55 acres. One lot is being purchased by the J. Wright Development Company for the development of a residential facility for the elderly. A rezoning application was brought before the Commission for the rezoning of Lot 2 from RS -8 to RM -12 (Z-8806) at the March 17, 1988, meeting. The project for the elderly is dependent upon an amendment to the Comprehensive Plan to change the land use designation from 2-8 DU/acre to 8-16 DU/acre, the rezoning noted, subdivision of the property to establish Lot 2, and approval of a combined planned develop- ment housing and large scale residential development plan. The Comprehen- sive Plan amendment and rezoning are addressed in the staff report dated March 17, 1988. The subdivision, planned development and the LSRD plan are addressed below. ANALYSIS: Subdivision: The subdivision carves out two lots of approximately four acres and three acres in size from a 28 acre tract. Lot 1, to the north, is the proposed site of the Iowa City Retirement Residence; Lot 2 will remain undeveloped at present and retain its RS -8 zoning. On Lot 2 a sidewalk easement exists along the border with Walden Wood Part One; this was provided as part of the Walden Wood Part One planned development. X 3— Page 3 The subdivision is in substantial compliance with the subdivision regula- sewalks the westssideThe ofsWaldendRoadebee deferred untilnsuchltimenasfthe property west of Walden Road is developed. Final approval of legal papers is pending. Planned Development Housing Plan: The planned development meets all of the technical requirements of the overlay to request (Z-8806) �Cedated Pleaserefer 17,a 1988, thestaff an explanation ort onot thethe rdensity calculations for the proposed project and a general description of the project. Since that report was written, the lot configuration of the project Therefore, thehintens intensity of ed to ouserproj ctedadditional s development rilleebe less than originally anticipated and clearly below the density level permitted under RM -12 zoning. The only variation requested in the OPDH plan pertains to use. Assuming approval of the requested rezoning to RM -12, the use of the property for elderly housing varies from the standard permitted uses of the zone, i.e, rooming houses or multi -family development. The use proposed is more structured in operation and should provide an effective transition between the intensity of development to the north and the potential single-family or duplex development to the south. The building will be substantial, with three floors including the base- ment. The total area of the building is 92,000 square feet; the footprint or area of land covered is approximately 40,000 square feet. Although this building is larger than other buildings existing in the area, the configuration of the building and its placement on the side of the the along the contours should diminish any appearance of unusual bulk. Approximately two acres of private open space, excluding the parking areas, will be provided. With an anticipated reduction in the parking (see below), the amount of open space on the lot will increase to 2.5 acres with the open space being provided on the northerly and south- easterly portions of the lot. Large scale Residential Development Plan (LSRD): The plan revised March 17, 1988, meets all of the requirements for an LSRD except compliance with the tree regulations. Right-of-way trees must be within ]4 to 8 feet of the right-of-way and some of the trees shown are too close to the building given the size of the trees. The number of parking spaces shown on the plan exceeds the number required. The applicant has indicated a desire to reduce the number of spaces required given the clientele of the facility. This will require action by the Board of Adjustment which can be accomplished after approval of the rezoning, subdivision, and site plan and need not affect this requested action. STAFF RECOMMENDATION: The staff recommends deferral of the subdivision and the planned develop- ment housing overlay plan and LSRD plan; however, upon resolution of the '6�y V tr Page 4 deficiencies and discrepancies noted below, the staff recommends approval of the requested action. DEFICIENCIES AND DISCREPANCIES: I. Final approval of legal papers for the final plat of Walden Wood, Part Two. 2. Compliance with the tree requirements on the LSRD plan. 3. Storm water drainage from the parking area to the storm sewer. 4. Connection to the City water system. 5. The height of the entry canopy should be no less than 1316" and the drive should be 20 feet wide. 6. A hydrant is needed within 60 feet of any Siamese connection on the building. 7. Submission of a document showing ownership of or interest in the property which is the subject of the LSRD and planned development. ATTACHMENTS: 1. Location Map. ACCOMPANIMENTS: 1. Subdivision plat - Walden Wood, Part Two. 2. OPDH/LSRD plan - Iowa City Retirement Residence. Approved by: �. Dona"Schmelser, Director Department of Planning and Program Development \, DEVELOPMENT SITE Lc6A-FlOd MAP- 56ftt 1'1:100' To: City Council From: Planning and Zoning Item: Application #S-8809: APPLICATION INFORMATION SUMMARY REPORT April 7, 1988 Commission Iowa City Retirement Residence Applicant: Jeffrey Wright Development Co. Request: Preliminary and final OPDH-12 plan approval. Location: The southwest quadrant of the intersec- tion of Walden Road and Mormon Trek Blvd. Existing zoning: RM -12, low density multi -family residential zone. Proposal: The construction of a 112 unit retire- ment residence for the frail elderly in which housekeeping, congregate meal, and transportation services will be provided to the residents. PLANNING AND ZONING COMMISSION RECOMMENDATION Recommendation: Approval Recommended Variations and Rationale: A. Land Use: The use of the property for elderly housing varies from the standard permitted uses of the zone, i.e. rooming houses or multi -family develop- ment. The use proposed is less intense in terms of traffic generated, density of occupancy, and potential activity than the uses customarily found in the zone. The Commission finds that this variation will not adversely effect neighboring properties due to the characteristics of the use noted and that the variation will contribute to the harmony of development in the area by providing a land use compatible with uses to the north and anticipated uses to the south and west. 54f a Sidewalks: Sidewalks typically are required to be installed on both sides of the street when it is constructed. In this plan, the installation of the sidewalk on the west side of Walden Road is deferred until such time as development takes Place to the west. 56 f DEIN I L'D ORDINANCE W. AN ORDINANCE PIMING THE ZONING ORDIIVUJCE BY CWUIG- ING THE USE REGIILATIGIS OF CERTAIN PROPERTY LOCATED AT 615 E. JEFFERSON STREET FRIM RNC -20 TO CO -1. WFEREAS, the property described below abuts property zoned CO -1, and which is used as a medical clinic; and VUEAS, the property is presently unoccupied and there appears to be little chance that it can be preserved in its present condition; and WHEREAS, it is more appropriate to allow a minimal extension of the CO -1 zone into the IWC -20 zone than to require that the owners expend large suns to salvage a sub -par structure. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COl1NCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING A^ENDENT. That the property described below is hereby reclassifieJ frau its present classification of RNC -20 to CO -1: The West 1/2 of Lot 2, in Block 25, in Iowa City, Johnson County, Taws, according to the plat thereof recordei in Book 1, Page 116, Plat Re- cords of Johnson County, Im. SECTION II. ZONING MAP. The Building Inspector is hereby authorized andTirected to change the zoning map of the City of Ima City, Iowa, to conform to this anendnent upon final passage, approval and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of the County Recorder of Johnson County, Iowa. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision or part thereof not ad- judged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. �� 7 u a Ordinance Pb. Page 2 Passed and approved this PAYOR Approved as to Form �� Leg Oepar It was moved by and seconded by that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Dickson Horowitz Larson McDonald Strait First Consideration q/1D/RR Vote for passage: Ayes: Courtney. Nays: Dickson, Larson, hlcDonaid, Strait, Ambrisco. Absent: lloroleitz. i i Second Consideration Vote for passage: Date published a A V RECEIVED AN'? i o I988 1047 Woodlawn Iowa City, IA 52240 April 15, 19ee Dear Iowa City Council Members: In reference to the proposed zoning change from RNC -20 to CO -1 at 615 East Jefferson, I would like to add some written remarks to those 1 gave Off-the-cuff at your last meeting. The correct intention of the RNC -20 zone as stated in the code is: It is the purpose of this zone to preserve the character of existing neighborhoods and is desigi,ed to prevent existing multifamily uses within the neighborhood from becoming nonconforming. Conversions and redevelopment may occur up to the density provided in this zone. It is NOT intended to prevent multifamily housing as Peter Hayek said. This does not mean that neighbors prefer parking lots to housing. Clarification should be made as to how Pediatric Associates became a CO -1 use in an otherwise residential zone. Their parcel and the parking lot owned by Mercy were both Zone P - public parcels when Pediatric Associates lot was the playing field of the Central Junior High. Perhaps at the time the School Board sold Central to Mercy the community should have challenged putting a CO -1 use in a purely residential block. It should have been stopped as spot zoning. Now, Attorney Hayek wants to make a case that changing this RNC -20 lot to commercial is a contiguous use of commercial. This is a very clear sign of how our precious residential district will become ALL commercial. The Pediatric Associates lot is better defined as a CO -1 use on outer edge of a residential zone. Contrary to the case being made, harm will be made to our fragile residential inner-city neighborhoods. This block that the Pediatric Associates has intruded on (and now wishes to expand on) is wholly RNC -20 and residential. It is disheartening to think that a parking lot is an improvement over houses as Attorney Hayek would state. The facing block is also residential RM -12 low density multi- family. The "adjacent CO -1" is the Mercy parking lot. With the exception of Pediatric Associates, the whole block, both sides is residential. The bigger problem that the RNC -20 neighbors and those in the adjacent RM -12 and RM -44 should address with the City Council and Planning and Zoning is the medical/parking complex which has been alluded to. Will all our inner city residential neighbors become service centers to the hospital? If, in fact, a medical office building will be built on the former Central Junior High site, will the city 567 hold them to replacing and expanding available parking ON THAT SITE?! Where will the creeping CO -1 zone stop?! NOT to mention the 1/2 block parking ramp 1 block north at Johnson and Jefferson. What are the rights of apartment owners and residents? We should call attention to the fact that good housing is good business too. Most housing units in RNC -20 and in the neighboring RM -12 and RM -44 are multiunit. This means that they are owned and operated by business people. They pay taxes, they bring people to the community and if they don't trash their property in the hope of selling it for a parking lot, they will use the members of the building trades (roofers, plumbers, electricians, etc.) to maintain their asset, will increase property values, and will borrow money from the bankers for mortgages and improvement loans. It is the very "promise" that letting your property run into the ground and still get a good price for it as a parking lot that encourages the disregard for our current housing stock. It's time the community lets it be known again that inner-city housing is important to those of us who live and work and spend in this community. Sincerely, Sandra Eskin Landlord in RNC -20 Zone w M DRORMCE NO. 88-3373 AN ORDINANCE AME MING THE ZONING ORDINAKE BY DWNG- ING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED ON CAMBRIA COURT NORM OF CAE DRIVE. WHEREAS, the property is located in an area zoned POH-8, Planned Developrent Housing Overlay Zone; and WHEREAS, the Conprehensive Plan for the City of Im City shows low density residential use at a dwelling unit density of 2-8 dwelling units per acre; and WHEREAS, the existing developrent near the property is for low to medium density residential uses for Which this request would be catpatible; and WHEREAS, nediun density residential uses are the most appropriate use for the area; and WHEREAS, the proposed rezoning would result in a decrease in developrent density, consistent with surrounding uses. NOW, 11HEREFORE, IE IT MINED BY THE CITY COUN- CIL OF TFE CITY OF IOWA CITY, IDWA, THAT: SECTI91 I. AHEM ENI. The property described below is hereby rec asst ted fron its present clas- sification of POH-8 to RS -8: Lot 93, Ty'n Cae Subdivision, Part 2. SECTION II. ZONING MAP. The Building Inspector is y authorized a directed to change the zoning prep of the City of Iowa City, Iaa, to con- form to this anatdrent on the final passage, ap- proval and publication of this ordinance as provided by law. SECTION III. REPEALER: All ordinances and parts of ordinances to conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or pa o is inance shall be ad- judged to be invalid or unconstitutional, such adju- dication shall not affect the validity of the Ordinance 'as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its fina passage, approval and publication as required by law. Passed and approved this 19th clay of Apri I , ATTEST: CITY CLEW APpR ED A II) ORM T70 8t LE AL DEPA ENT 5-6 9 V a E It was roved by Anibrisco and seconded by Strait that the Ordinance be a ted, upon roll call there were: AYES: MYS: ABSENT: Aibrisco _ X Courtney Dickson _ X Horowitz _ X Larson X McDonald r Strait First Consideration ------ Vote for passage: Second Consideration 4/5/88 Vote for passage:yeC s: Iloroioitz, Larson, :McDonald, Strait, j Ambrisco, Courtney. Nays: None. Absent: Dickson. Date published 4/27/88 Approved as to Form LegaWi3 vy �y Moved by Ambrisco, seconded by Courtney, that the n nIIe requiring ordinances to be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration be waived and the ordinance be given second consideration at this time. Ayes: Courtney, Horowitz, Larson, McDonald, Strait, Ambrisco. Nnys: Nona Absent: Dickson. S6/ ORDINANCE NO- 88_3374 Wl ORDIWWCE TO AMEND SECTION 36.58(g) OF M MU- NICIPAL CODE FiLATING TO TFE STORAGE OF SPECIAL VEHICLES AND WATERCRAFT. WIEREAS, certain iters, such as seri-trailer trucks, and recreational vehicles, and boats on trailers, are larger than regular family vehicles, such as autonobiles and vans, and may be obtrusive if parked or stored in residential areas. and WHEREAS, it is in the public interest to regulate the location of storage areas for special vehicles in single-family residential areas in order to minimize the negative impacts of such vehicles and watercraft on neighboring Properties, Mile respect- ing the right of individuals to an and use such items, NOW, TIEREFORE, BE IT ORDAINED BY THE CITY COLN- CIL OF TIE CITY OF IDA CITY, IOWA, TMT: SECTION 1, AIENCNENTS. Section 36-58(g) of the e of o inances hs hereby deleted and the follow- ing is inserted in lieu thereof. (g) Special Vehicle and Watercraft Parkingand Storage, (1) General Provisions, a. Definitions. Special Vehicle, Every device, more than seven and one-half (7-1/2) feet in height and more than 20 feet in length, which is or may be transported or drawn upon a highway, street Or body of aster, including without limitation, any motor vehicle, truck, trailer, tractor, wagon, watercraft, or any combination thereof, exceeding these dimen- sions. Storage area, A space, equal in size to the outer perimeter of a special vehicle, used for storage of such a vehicle. b. Except for the purpose of making local deliveries, no vdiiele designed for the shipment of detonable or flammable solids, liquids or gases shall be parked or stored on any lot in an R zone, C. Camnercial vehicles more than 7 1/2 feet in height shall not be stored in any residen- tial zone. (2) Requirements, In the RR -1, 12,5-5, RS -8 arca RS -12 zones, special vehicle storage shall Imply with the following requirernents: a. No spial vehicle may be stored in a front special yard, except on a regularly constructed aisle for a period of no more than four days for the Purpose of loading and unload- ing. M S 7/ Ordinance No. 88-3374 Page 2 b. A special vehicle may be stored inside any building provided it is not stored in a required parking space. c. A special vehicle stored outside a building shall: 1. Belong to the awner or tenant of the property on which the vehicle is lo- cated, except for special vehicles of guests, as provided in subsection 3 below; 2. Be in operational ccnditicn and prop- erly licensed as required by state or federal law; 3. Not be used for dwelling purposes except by guests of the property owner or tenant for a period of no more than 21 consecutive days or 45 days in any calendar year (an extension may be approved by the City tanager or his/her designee); 4. Piot be used for storage of items other than those considered to be part of the unit; and 5. Not be parked or stored upon a vacant residential lot. d. A special vehicle may be stored outside a building in the required side yard (except along a street) or in a required rear yard, provided: I. The vehicle is no closer than three (3) feet to a side lot line, or to a rear lot line of a reversed corner lot; 2. The storage area is surfaced with crushed rock, asphalt, concrete, or a similar surface designed and maintained to prevent nuddy corditiore, erosion, the flow of water onto adjoining prop- erty, and weed growth. In cases where crushed rock is used, the perimeter of such storage area shall be defined by bricks, railroad ties, or similar materials; and 3. No more than 30 percent of a required rear yard my be occupied by accessory structures and a special vehicle stor- age area. e. The City tanager or his/her designee may permit outside storage of a special vehicle in the required front yard, or the required side yard along a street, provided: 1. Storage space is not available in or there is no access to either the side or rear yard. For purposes of this section e, a corner lot shall always be 57/ Ordinance No. 88-3374 Page 3 deered to have access to the rear yard. and accessory structures and buildings less than 160 square feet in area, or vegetation which is transplantable, are 2. not Inside storage edto prevent access; is not possible because the size of the special vehicle exceeds either the space available or the size of the entrance available in any exist- ing building, or yam. 3. The special vehicle is parked perpen_ dicular to the street; 4. A planting screen is planted and main- tained in accordance with the Fence and Hedge Requirerents, Section 36-65, and the Per'Omiance Pequirenents, Section 36-76(j). 5• No part of the special vehicle extends beyond the property line or over public right-of-way. f. Non -conforming Storage Areas. I. A special vehicle ower or lessee may establish non -conforming status for a special vehicle storage area which, on the date of adoption of these regula- tions, is located in a required front Yard, or the required side yard along a street, if it can be denonstrated that there is no access to either the side or rear yard. If access to either the side or rear yard is available, a non-confonning storage area shall be relocated to either the side yard or rear yard within bw (2) years after Passage of this regulation. 2. Non -conforming status for a special vehicle storage area shall be estab- lished by submitting to the Departmait of Housing and Inspection Services by (12 months after the date of adoption Of these regulations) a plot plan show- ing the location, design and size of the storage area, and the surface material existing on the storage area, 3. Should any property be sold, conveyed storage transferred, the special vehicle storage area shall thereafter corply With the provision of this section. 4. After (12 Rmths after the date of adoption of these regulations), non. conformdrg status of existing special vehicle storage areas may not be estab- lished. .. .57/ V a Ordinance No. 88-3374 Page 4 5. A non -conforming special vehicle stor- age area tvthich is not used for a period Of One (1) year, for any reason, inten- tional or othen%ise, shall not thereaf- ter be pernittai for special vehicle storage unless the area is brought into full caapliance with these regula- tions. SECTION II. REPEALER All ordinances and parts of ordinanc� with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, prvvi- saon or parL OT the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whale or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE, This Ordinance shall fin e a er h s ana passage, approval and publication as required by law. Pass 1988. approved this 19th day oP April, My ATTEST: CITY LLIK S7/ 4 Ordinance W. 88.3374 Page 5 It was moved by Ambrisco and seconded b the Ordinance be adopted, and upon roll call there were. that AYES: NAYS: ABSENT: x Ambrisco x Courtney — X Dickson _ X Horowitz X Larson X McDonald X Strait First Consideration 3/8/88 Vote for passage: Ayes: Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: None. Second Consideration 4/5/88 Vote for passage: Ayes: 8McDonald, trait, Ambrisco, Courtney, Ilorowitz, Larson. Nays: None. bsent: Dickson. Date published 4/27/88 571 OfmINNCE NO. 8R-35 5 AN OISDINAhCE Ac MING GRAPIER 9.1 ENTITLED "CITY R.AZA" OF H CODE OF OFmINANCES OF THE CITY OF IOWA CITY, IDA, BY NUDING SECTION 9.1-4 TFEfEIN TO PRDilBIT AND FEG"TE H USE OF BICYCLES, SKATE BOM, ROLLER SKATES ANl COASTING OF ANY KIN] IN TIE CITY R.AZA. BE IT ORDAINED BY TIE CITY COUNCIL OF U CITY OF IO+IA CITY, IOWA: SECTION I. That 9.1, "City Plaza" of the Code of finances of the City of lova City, Iowa, be, and the sae is hereby ananded by repealing Section 9.1-4, and enacting in lieu thereof a new section to be codified the sae to read as follows: Section 9.1-4. Bicycle, Coasting, Skating Pegulations No person shall ride a bicycle within City Plaza. No bicycles shall be left unattended within City Plaza unless located in a bicycle rack. No person shall coast, slide, roller skate, skate board or use any other such coasting or wheeled device within the City Plaza. Wheel chairs and other wheeled handicapped assistance de- vices When used by a handicapped person shall be exempt from the provisions of this section. Violation of this section shall be punishable as a misdeneanor, SECTION II. SEVERABILITY CLAUSE. If any of the provisions ainane are for any reason declared illegal or void, than the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the sae as if the Ordinance contained no illegal or void provisions. SECTION III. EFFECTIVE DATE: This Ordinance shall be in full force and effect ran and after its final passage and publication as by law provided. Passed and approved this 19th day oC April, 1 8. OR ATTEST: V d� It was moved by Dickson , and seconded by Stra' that the Ordinance as read e a opted and upon rol caT t ere were: AYES: NAYS: ABSENT: X AMB3RISCO X COURINEY X DICK, N _ X HOROWITZ Y LARSON X ?.LWNALD N STRAIT First consideration ------ Vote for passage: Second consideration 4/5/88 Vote forppassage: Ayes: Courtney, Horowitz, Larson, McDonald, Strait, Cbrisco. Nays: None. Absent: Dickson. Date published 4/27/88 Moved by Courtney, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meetin at which it is to be finally passed be suspended, the first consideration be waived and the ordinance be given second consideration at this time. Ayes: Ambrisco, Courtney, Horowitz, Larson, McDonald, Strait, Nays: None. Absent: Dickson. 59.5"