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HomeMy WebLinkAbout2002-12-10 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 10th day of December, 2002, in Emma J. Harvat Hall, 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: An ordinance changing the zoning designation of 10.15 acres from Medium- Density Multi-Family (RM-20) to Sensitive Areas Overlay and Planned Housing Development Overlay (RM- 20/OSA/OPDH) for property located northwest of Highway 1 and Ruppert Road. An ordinance changing the zoning designation of 5.6 acres from Low- Density Single-Family Residential (RS-5) to Sensitive Areas Overlay/Low-Density Single-Family Residential (OSA/RS-5) and a preliminary plat of Hearthside Refuge (a.k.a. Lewis Addition), a subdivision located at 1520 N. Dubuque Road. An ordinance vacating approximately 5,900 square feet of Lafayette Street right-of-way, located west of Capitol Street. An ordinance vacating the east-to-west alley in Block 27 of the Original Town Plat, located between Market and Bloomington Streets, west of Dodge Street. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ02-00018) ORDINANCE NO. AN CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY MULTIFAMILY TO SENSITIVE AREAS OVERLAY AND PLANNED HOUSING DEVELOPMENT OVERLAY (I ) FOR A 10.15-ACRE PROPERTY LOCATED NORTHWEST OF HIGHWAY 1 AND WHEREAS, of the above referenced property, Chades W. Ruppert etal. have requested that the property be rezoned Medium Density Multifamily Residential, RM-20, Ly and Planned Development Housing RM-20/OSA/OPDH; and WHEREAS, said contains steep and critical slopes, and is subject to th Ordinance; and WHEREAS, the Areas Ordinance requires a Sensitive Areas zone and Sensitive Areas Development ,pment activity occurring on with critical slopes; and WHEREAS, the said subject to a conditional zoning Jires 75% of the parking be located below the buildings, limits vehicular access to the site, to be constructed to collector street standards, its and pedestrian connections ~ment activity on the property; and WHEREAS, given the constraints im by the Agreement, the proposed development of a 198-unit multifamily building parking been designed to minimize disturbance to the steep and critical slopes as is req the Sensitive and WHEREAS, the Sensitive Areas Plan in~ a variation from the 35-foot maximum building height standard to allow for a building height of to WHEREAS, the waiver of the 35-foot maximum standard to allow for a building height of 58.5 feet encourages more compact development and transfer of dwelling unit density from environmentally sensitive areas of the property to areas of the property and results in sufficient light and air circulation; and WHEREAS, the Sensitive Areas Plan in technical compliance with the Sensitive Areas Ordinance; and WHEREAS, the Conditional Zoning requires Overlay Planned Development Housing (OPDH) plan for said property; and WHEREAS, the OPDH plan is in ¢ )liance with the Iowa Ci! lng Ordinance; and WHEREAS, 'nent is in District Plan. NOW, THEREFORE, BE IT ~ CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. property described below is hereb' its current designation of Medium Density RM-20, to Sensitive Areas Overl and Planned Development Housing Overlay, RM-20/OSA/OPD and the associated Sensitive Areas Plan and OPDH plan is hereby approved: Lot I of Ruppert Hi Iowa. SECTION Section 14-6K-1-N-3-g of the City Code provides th"~ maximum building height may be waived to more compact development and allow the transfer c~ dwelling unit density from environmentally areas of the property to nonenvironmentally sensitive A(eas of the property if the develc in sufficient light and air circulation for the buildings. The 35-fo(~ maximum building height standard is wa to allow for a building height of 58.5 feet. ~ MAP. The building official is hereby authorized and directed to ~hange the zoning map of the City of Iowa City, Iowa to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Sensitive Areas Development Plan and OPDH plan for this property, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, Ordinance No. Page 2 approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and paris of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance s invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as f section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. DATE. This Ordinance shall be in effect its final passage, approval and publication, as F ~w. Passed and approved this __ MAYOR ATTEST: CITY CLERK Approved by Cit¢,~tto~n~'y'~ Off~'ce address PHELAN TUCKER MULLEN WALKER TUCKER GELMAN LLP 321 East Market A T T O R N E Y S A T L A W Post Office Box 2150 Iowa City, Iowa 52244 ' Phone: (319) 35ZFl104 Fax: (319) 354-6962 November 18, 2002 ~.: :' E~mail addresses: } ~ ~ @ptmlaw corn www ptmlaw corn 1V[r. Ernie Lehman, Mayor City of Iowa City William V Phelan410 E. Washington Street Iowa City IA 52240 Bruce L Walker Re: Callaway Development Corporation's Application for Subdivision Richard M Tucker Rezoning for Callaway Lodge REZ02-00018/SIJB02-O0018 Thomas H Gelman Dear Mayor Lehman: Gary J. Schmit On behalf of my client, Callaway Development Corporation, I am requesting in connection with the City Council's review of the above-referred to Rezoning and Margaret ? Winegarden Subdivision Applications, that the Council's first consideration of such matters be held at the close of the City Council's Public Hearing on the applications. Juli~ L Pulkrabek This request is being made in part because of the Applications' compliance, as reflected by the City Staff Report, with the recently adopted Rezoning, John E Beasley Conditional Rezoning Agreement, and Southwest District Plan. The issues that Michael J, Pugh* might be addressed in the combined Applications have been thoroughly and exhaustively addressed, with significant public input, through the rezoning and Dean D Carrington comprehensive planning process, as well as recent Planning and Zoning Commission hearings on the specific Applications. Callaway Development Susan J Frye Corporation will greatly appreciate the Council's fullest consideration of this request to conduct the first consideration at the close of the public hearing. Very truly yours, Sarah E. Swartzendruber / /,/L, ' Daniel W. Boyle Th6Mas Hi Ge~ THG:pl William M Tucker CC: Marian Karr, City Clerk Retired Karen Franklin, Director Depart. of Planning/Community Development Charles A. Mullah [1937-2001} *Also admitted in Illinois City of Iowa City MEMORANDUM TO: Planning and Zoning Commission FROM: Shelley McCafferty, Associate Planner DATE: November 15, 2002 RE: SUB02-00021/REZ02-00018 The applicant has submitted a revised preliminary plat for Ruppert Hills and a revised development plan for Callaway Lodge. The applicant has proposed the following modifications to the development plan: 1. Replacement of three parking spaces located in the lot south of Harlocke Street with landscaping. Two of these spaces are directly south of the emergency access gate and the landscaping is intended to screen the gate. 2. Provision for a future gazebo between the private open space and the above mentioned parking lot. 3. Expansion of the club house, addition of carports adjacent to the clubhouse, and the reduction of parking adjacent to the clubhouse to 14 spaces (with carport spaces). Additional drawings are attached illustrating the clubhouse design, carport design and apartment building materials. Staff has reviewed the revised submittal and all previous deficiencies and discrepancies have been resolved to their satisfaction. Therefore, there are two issues that the Planning and Zoning Commission will need to evaluate based on the applicable standards and regulations. 1. Does the disturbance of 65% of the critical slopes comply with the sensitive areas ordinance? Under more typical circumstances, 65% disturbance of the critical slopes would likely be considered excessive. However, given the additional constraints that have been placed on this property by the conditional zoning agreement, such as collector street standards and a single predetermined access point, staff feels that this proposal is reasonable. 2. Should the maximum allowable building height be increased from 35 feet to 58'-6"? The CZA requires that 75% of the parking be located below the buildings. Because the site slopes significantly to the south, this requires that 1 ~ to 2 levels of parking be exposed on the south side. The north side of the building that is adjacent to the existing neighborhood will likely not exceed 35 feet in height. The applicant has proposed an architectural design and landscaped berms that help mitigate the increased height on the south side of the buildings. Therefore, staff feels that this request is reasonable. Staff recommends: SUB02-00021, an application for a 3-lot subdivision with one outlot that is to be dedicated to the city for open space be approved; and November 15, 2002 Page 2 REZ02-00018, an application for rezoning from Medium Density Multifamily (RM-20) to Sensitive Areas overlay and Planned Housing Development Overlay (RM-20/OSA/OPDH) to allow the development of a 198-unit apartment complex and clubhouse located at Highway 1 and Ruppert Road be approved with an allowable maximum building height of 58'-6". Miklo, Department of Planning and Community Development STAFF REPORT To: Planning and Zoning Commission Prepared by: Shelley McCafferty Item: SUB02-00021 Date: November 7, 2002 REZ02-00018 GENERAL INFORMATION: Applicant: SU B02-00021 Charles Ruppert Etal. C/o Charles Meardon 122 S. Linn Street Iowa City, IA 52240 REZ02-00018 Callaway Development Inc 1250 N.E. Loop 410, Ste. 800 San Antonio, TX 78209 Contact Person: MMS. Consultants Inc. 1917 S. Gilbert St. Iowa City, IA 52245 Requested Action: SUB02-00021 Subdivision of 22.91 acres REZ02-00018 Rezoning of 10.15 acres from Medium Density Multifamily (RM-20) to Sensitive Areas Overlay and Planned Housing Development Overlay (RM- 20/OSA/OPDH) Purpose: SUB02-00021 To establish property lines that .correspond to zoning boundaries REZ02-00018 To construct Callawy Lodge, a 198-unit apartment complex and club house. Location: North of Highway 1, west of Miller Avenue and south of Benton Street Size: SUB02-00021 - 22.9 acres REZ02-00018 - 10.15 acres Existing Land Use and Zoning: Medium Density Multifamily (RM-20), undeveloped Community Commercial (CC-2), undeveloped Medium Density Single Family (RS-8), undeveloped Surrounding Land Use and Zoning: North: RS-8, RM-20 & RM-44, single & multifamily 2 residential South: CC-2 & C1-1, Highway 1 & commercial East: CC-2, commercial West: RS-8, single family residential Comprehensive Plan: Low to Medium Density Multifamily Residential, Commercial & Medium Density Single Family Residential File Date: October 17, 2002 45-Day Limitation Period: December 1, 2002 BACKGROUND INFORMATION: The analysis of two applications is included in this staff report. The first application was submitted by the Charles Ruppert Etal. for a preliminary plat of a 4-lot subdivision of 22.91 acres of property located at north of Highway 1 and west of Miller Street. The purpose of this subdivision is to establish the legal boundaries in accordance with the recent rezoning of this property. This will allow the property owner to sell the lots for development and dedicate a lot to the City for the expansion of Miller Orchard Park. The zoning of this property, which was recently adopted and is subject to a conditional zoning agreement, is as follows: 1. Lot 1 Medium Density Multifamily Residential (RM-20) 2. Lot 2 Community Commercial (CC-2) 3. Lot 3 Medium Density Single Family Residential (RS-8) 4. Outlot A Medium Density Single Family Residential (RS-8) The second application was submitted by Callaway Development Inc. for a Preliminary Planned Development Housing (PDH) Plan and a Preliminary Sensitive Areas Development Plan for Lot 1, which is10.15 acres located north of Highway 1 at Ruppert Road. This property will also require an PDH and SAO rezoning. Lot 1 was recently downzoned from High Density Multifamily (RM-44) to RM-20 with a conditional zoning agreement to ensure that future development is sensitive to the natural topography and is designed with appropriate buffering, pedestrian amenities, and vehicular access. The conditional zoning agreement is attached. ANALYSIS: SUB02-00021 Compliance with the Comprehensive Plan: This property was recently rezoned in accordance with recommendations of the Southwest District Plan, which was recently adopted. This subdivision establishes the legal boundaries of the lots to correspond with the zoning boundaries and therefore, is in compliance with the Comprehensive Plan. Public Improvements: This subdivision will also allow the sale and development of Lot 1, which will be discussed with the analysis of the Sensitive Areas and OPDH Development plan for Lot 1 later in this report. However, this subdivision application does not propose any development on any of the four lots. Because it is likely that Lot 2 and Lot 3 will be further subdivided in the future, staff recommends that public improvements not be required at this time. As these lots are subdivided, the developer will be required to submit construction drawings for grading, paving, utilities and storm water detention. The subdivider's agreement however, should establish an escrow fund for the construction of sidewalks along Miller Avenue on Lot 3 when it is developed. Because Outlot A 3 is to be dedicated to the City to satisfy the neighborhood open space requirements for both the subdivision and the OPDH plan for Lot 1, sidewalks should be installed on Benton Street and Miller Avenue on Outlot A when Lot 1 is developed. Due to the topography on Outlot A, the alignment of the sidewalk will need to be determined. This subdivision is also subject to the conditional zoning agreement that was adopted when this property was rezoned. A 15' wide pedestrian walkway easement is to be granted to allow opportunity for a pedestrian trail as per conditions I., m., n., and o. of the CZA. The preliminary plat illustrates these easements. However, staff recommends that at the time Lots 2 and 3 are developed, if the trail has not yet been constructed, that the subdivider's agreement allow the location of the easement to be renegotiated to a location that may be more compatible with the topography, a more direct route to Miller Orchard Park and responsive to the development. If the trail is constructed prior to development, the proposed easements will provide a location for the trail. Neiqhborhood Open Space: The neighborhood open space required with this subdivision is 1.41 acres. The applicant has proposed the dedication of Outlot A (1.5 acres) to the City for the expansion of Miller Orchard Park. This complies with the concept plan for this property in the Southwest District Plan. The Parks and Recreation Commission will review this dedication at their November 13 meeting. Outlot A is in compliance with the standards for neighborhood open space. REZ02-00018 Compliance with Comprehensive Plan: During the Southwest District planning process, a concept plan was developed for the Ruppert property north of Highway 1. Appendix C of the Southwest District Plan describes and illustrates this concept plan. To ensure that the issues that were addressed in the plan are incorporated into the development of this property, at the time it was rezoned to RM-20 the owners agreed to a conditional zoning agreement. The fifteen conditions that were included in the CZA and comment regarding the proposal's compliance with the CZA are as follows: 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 the CZA. The applicant has submitted and OPDH plan and this will be analyzed later in this report. b. Vehicular access to the subject property will not be permitted from Harlocke Street. The OPDH plan illustrates a single lane access from the northern most parking lot to Harlocke Street. A gate will be provided per the Fire Department's specification to allow for emergency access only. Public vehicular access from Callaway Lodge to Harlocke Street will not be permitted. c. A lO0-foot buffer area will be maintained along the western property line of Lot I to provide adequate separation between single family zoning and larger multifamily buildings and parking lots. The first 50 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 fO0-foot buffer area between 50 feet and 75 feet from the western property boundary of Lot 1. Landscaped parking lots and buildings no greater than 60 feet in height may be approved as part of the OPDH plan within the lO0-foot buffer area between 75 feet and 100 feet from the western boundary of Lot ~. This buffer has been illustrated on the OPDH plan. A parking lot is located 5 feet into approximately 270 feet of the northern portion of the buffer. At the southern portion of the buffer, parking lots and a driveway is located within the 50 to 100 foot zone. A building not taller than 58 feet 6 inches, is located 5 feet into the 100-foot buffer. Landscaping of the parking lots is proposed. A landscaped private open space is also proposed in the northwest corner of the development. This open space is within the 100' buffer and will further serve to mitigate the transition from this development to the adjacent single family neighborhood. Staff feels that the buffer requirements have been met. 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 slope. To minimize impervious surfaces, at least 75 percent of the required parking must be provided underneath the buildings. Discussion of the condition addressing the topography and slopes will be addressed below under the Sensitive Area Development Plan analysis. In terms of the parking requirement, the applicant is proposing 607 parking spaces, 493 (80%) of which are located below the building, thereby satisfying this condition. 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. The proposed plan illustrates access to the development only from this approved location. Access to the future commercial development will also be provided here, therefore, meeting this condition. If, based on the City's trip generation model, streets within the development will carol more than 500 vehicles per day, such streets shaft 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. It has been determined that collector street standards are warranted for Ruppert Drive. The proposed development however deviates from these standards in a number of respects. The standard width for collector streets is 31 feet. The proposal illustrates a 28-foot private street. Sidewalks should be located on both sides of the street. The radius of the S-curve driveway also does not comply with these standards. As will be discussed later in this report, staff feels that it is acceptable to require an 8-foot sidewalk on one side of the street at the location of the S-curve. It may also be justifiable to reduce the width of the street where the additional the 31- foot width would cause additional disturbance to the critical slopes. More information is required from the applicant regarding the justification for deviation from this standard. 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 improvement and funds equal to haft the cost of a traffic signal and associated installation costs. Shoemaker & Haaland conducted a Traffic Signal Warrant Study for the intersection of Ruppert Road and Highway 1. This study recommends a new configuration for this intersection and a traffic signal. Attached is the study and a memo from Transportation Planner Jeff Davidson. Davidson is in general agreement with the conclussions of the report, however he points out some flaws in the report that need to be addressed by the applicant; h. A public or pdvate street must be stubbed to the west property line of Lot 1 in a location to be determined by the City of Iowa City. 5 The proposal illustrates an easement for an extension of the private street to the west property line. Staff feels the easement and its location is satisfactory. 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. The turnaround proposed by the applicant has been approved by the Fire Marshall. The Fire Marshall has also requested that "No Parking" signs be posted at all fire lanes and that the emergency access at Harlocke Street must be posted No Parking and remain free of snow and obstruction at all times. j. A public access and fire apparatus access easement will be granted over and across all private streets within any future development. This easement has not been noted on the plan, however, the applicant has agreed correct the submittal plans. k. The emergency access easement must extend to the north property line of Lot 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 landscaping or trees that might obstruct emergency access. The location for said access will be determined during the OPDH process. The OPDH plan illustrates a single-lane access from the northern most parking lot to Harlocke Street. A gate that complies with the specifications of the Fire Marshall will be provided to prevent public access. This access lane must be posted with "No Parking" signs. Although emergency access is illustrated, the easement has not been noted on the plan. I. A 15' wide pedestrian walkway easement will be granted to allow the opportunity for a pedestrian trail to be constructed generally along the Owner's northern property line of Lot 1 and Lot 2 from the end of Harlocke Street eastward and then northward foflowing the Owner's' western boundary of Lot 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 shall not be permitted along the pedestrian easement. (See comments are after condition o. for conditions I. through o.) m. A 15' wide pedestrian walkway easement will be granted from the property's northern boundary of Lot 2 generally southward to connect with the street on the property that provides public access to Highway 1. This easement should connect should with east-west trail described in paragraph I. n. A 15' wide pedestrian walkway easement will be granted from the northern property boundary of Lot 1 beginning at the end or Harlocke Street and extending generally southward foflowing the western boundary of Lot 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 owners' 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. These easement conditions as they apply to the subdivision are discussed in the analysis of SUB02-00021 above. Staff recommends that the trail easement coincide with the sidewalk along the S-curve drive on the eastern portion of the property. In this case, the sidewalk should be widened to 8 feet along the S-curve. This will also mitigate to some extent the deviation from the collector street standard for sidewalks on both sides of the street. An easement will need to be provided from the 8-foot sidewalk to the east property line connecting with the trail easement that runs north through Lots 2 and 3. Trees, stairs and retaining walls must not obstruct the trail easement, which is a deficiency of this application. Because Callaway Lodge will likely be marketed to University students, staff feels that it is particularly important that adequate pedestrian connections are provided to north, which will make it easier to walk and bicycle to major destinations. The sidewalk from the northern most parking lot needs to be connected to the Harlocke Street sidewalk. This also requires that well- connected pedestrian facilities be provided within the development. The proposed buildings are relatively long, therefore entrances and connections to the sidewalks need to be located more frequently than illustrated on the preliminary plan. OPDH Plan Density: The preliminary OPDH plan is for the development of Callaway Lodge, a 198-unit apartment complex in three buildings and a clubhouse. There will be a total of 555 bedrooms. The applicant has provided concept sketches of the south elevation of the development, which are attached. The density of this development provides 1964 square feet per dwelling unit or 22 units per acre. The maximum allowable density based on the underlying RM-20 zoning is1800 square feet per dwelling unit or 24 units per acre. Open Space: Dedication of open space requirements was met with the subdivision of Lots 1,2 3 and Outlot A. Public Improvements: This development will require a water main extension fee of $395 per acre. An extension fee will not be required for the sanitary sewer. Due to the constraints involved in developing this property, it is necessary to locate a public sanitary sewer line beneath a retaining wall. Public works recommends that this be permitted provided that structural calculations of the sewer pipe are provided, the City videotapes the installation of the sewer, and if the City is required to excavate the sewer in the future, the Owner is responsible for reinstallation of the retaining wall. Storm water management is required and a basin located in a natural drainage way has been illustrated. The developer will have to obtain permission from IDOT to allow the grading necessary for this basin as well as the installation of the storm sewer in the right-of-way of Highway 1. The applicant proposes to route storm water that is not retained by the basin to the Highway 1 storm sewer main. The City Engineer has identified a number of minor deficiencies related to public works issues and it is likely that these will be corrected prior to action by the Planning and Zoning Commission. Tree Requirements: The tree regulations require ones tree for every 550 square feet of building coverage and that one large tree be located every 40 feet along a street frontage. This calculates to 203 trees. This proposal is short by three trees. Airport Overlay Zone. This development is located within the Airport Overlay Zone. The height of the proposed buildings complies with the standards of this zone. Sensitive Areas Development Plan Requlated Slopes: Due to the presence of critical slope on the property, a Sensitive Areas Overlay rezoning and Development plan is required. The CZA also requires that the property be developed 7 in a manner that is sensitive to the topography and minimizes disturbance to these slopes. The requirement that the private street be constructed to collector standards, storm water management, and buffer requirements also cof~strain the development of the property. Therefore, it is necessary to balance the need for these requirements with the condition to minimize disturbance of the slopes. This property contains 1.35 acres of critical slopes. Approximately .87 acres (65%) will be disturbed to accommodate the private street and access to the below grad parking. Fewer slopes could be undisturbed if the collector street standards were not required. The purpose for this standard is because there is only one entrance to this development, and the wider street helps to ensure that any obstruction to the street will not completely block it. Although an emergency access has been provided via Harlocke Street, it is preferred that emergency access be maintained throughout the length of the street for the safety of the public. Furthermore, slope disturbance could be reduced if additional retaining walls were used. However, the applicant has proposed grading the site such that it reduces the grade of the slope. This solution will be more likely to minimize erosion and soil instability than the use of retaining walls. The applicant also proposes landscaping the disturbed areas in a manner that will further stabilize the slopes. Therefore, staff feels that given the constraints of the CZA and the intent the Regulated Slopes Ordinance, the applicant has satisfactorily met the standards for critical slopes. The applicant is requesting that a variance be granted to allow a maximum building height of 58'-6" The underlying zoning allows a maximum 35~foot building height. The purpose of this increased height is to allow 75% of the parking to be located below the building as required by the CZA. The parking is in two levels located below three levels of dwelling units. The sloping character of the site further contributes to the increased height. The uphill sides of the buildings will mostly fall within the 35-foot height limit. This downhill side faces Highway 1 and commercial development. Although staff feels that there is probable justification for the increased height, additional information is necessary to determine if the exposed parking levels on the south side of the buildings is designed in a manner that mitigates the negative visual impact of the parking. Wooded Areas: Although wooded areas is illustrated on the Sensitive Areas Inventory map, because the wooded area is less than 2 acres in size it is not regulated by the SeA. Archeoloqical Sites: The Office of the State Archeologist has determined that further study of this property is not warranted. STAFF RECOMMENDATION: SUB02-00021, an application for a 3-lot subdivision with one outlet that is to be dedicated to the city for open space be deferred pending correction of deficiencies and discrepancies. REZ02-00018, an application for rezoning from Medium Density Multifamily (RM-20) to Sensitive Areas Overlay and Planned Housing Development Overlay (RM-20/OSA/OPDH) to allow the development of a 198-unit apartment complex and clubhouse located at Highway 1 and Ruppert Road be deferred pending correction of deficiencies and discrepancies. DEFICIENCIES AND DISCREPENCIES: SUB02-00021 1. Sidewalks along Benton Street and Miller Avenue required. 2. Rename Outlet A to Lot1, Outlet B to Lot 2, Outlet C to lot 3 and Outlet D to Outlet A. 3. Show all existing utilities. 8 4. Clearly label and illustrate all sensitive areas. 5. Corrections to plans per notes from Public Works. REZ02-00018 6. Remove obstructions from the pedestrian easements. 7. Submit information regarding the screening of parking levels. 8. Show all required pubic access and emergency easement. 9. Justification of deviation from the collector street standards. 10. Show street name. 11. Add all required dimensions to plans. 12. Submit typical cross section of parking. 13. Show all existing and required utilities. 14. Submit detailed lighting plan and photometrics. 15. Submit details of retaining walls. 16. Show location and screening of dumpsters. 17. Correct development and erosion plans per the notes from Public Works. 18. Add eadh berm to divert water to storm water retention basin. 19. Show required silt fences per notes from Public Works 20. Add name and address of owner to all plans. ATTACHEMENTS: 1. Location map 2. Conditional zoning agreement 3. Traffic Signal Warrant Study 4. Memo from Jeff Davidson 5. Sketches of proposed buildings Approved by: Karen Franklin, Dire~ct r, Department of Planning and Community Development ~ ~- RM 20 : ~2~ RM~ ..... Cl 1 · - CC 2 P/CI I SITE LOCATION: north of Hwy. 1 & west of Miller Street SUB02-00021 PRELIMINARY PLAT RUPPERT HILLS TO IOWA CITY IOWA Callaway Lodge Iowa City, IowH i 3~3~ ~reirr~rla~ OPDH ar~ Sensitive Areaa ~e~t - ~y~ ~ d 4 J ~ ~ ~ ~e~ ~nt - ~ ~ ~ IOWA CITY, LOCATION MAP NOT TO SCALE , Preliminary OPDH and Sensitive Areas Development - Layout Plan CALLAWAY LODGE Iowa City, Iowa ~,--~---~' T 7 Preliminary OPDH and Sensitive Areas Development - Landscape Plan CALLAWAY LODGE Iowa City, Iowa k,...~'._"'" Preliminary OPDH and Sensitive Areas Development - Layout Plan CALLAWAY LODGE Iowa City, Iowa ;-.-.~._'" LEGEND AND NOTES Preliminary OPDH and Sensitive Areas Development - Landscape Plan CALLAWAY LODGE Iowa City, Iowa STERLING UNIVERSITY HOUSING CALLAWAY DEVELOPMENT Developer D. J. Hammond Callaway Development Austin, Texas San Antonio, Texas Zoning ID-RM RM-20 (OPDH-12 requested (previously RM-44) Site Size 17.6 acres 10.15 acres Number of Buildings 17 + clubhouse 3 + clubhouse Number of Units 168 198 Units/acre 9.5 19.5 Bedrooms 624 555 Bedrooms/acre 35.4 54.7 Occupants per Bedroom maximum 1 ? (1-2 per bedroom/ (624) (maximum 840)* Target market students students No Keg Policy Yes ? On Site Management Yes ? On Site Security Yes ? Access Gilbert Street** Highway 1 (arterial + (arterial) intersecting arterial) * Family plus 3 roomers maximum, 5 in 4 bedroom; 4 in 2 bedroom; 2 in 1 bedroom ass~ned ** Now on City's 5 year capital improvements plan Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ02-00019) AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL, RS-5, TO SENSITVE AREAS OVERLAY, RS-51OSA FOR HEARTHSlDE REFUGE, A 4-LOT, 5.6-ACRE SUBDIVISION LOCATED AT 1520 N. DUBUQUE ROAD. WHEREAS, the owner of said property has requested that the property be rezoned from Low Density Single Family Residential, RS-5, to Sensitive Areas Oveday, RS-5/OSA; and WHEREAS, said property contains steep, critical and protected slopes and woodlands, and is subject to the Sensitive Areas Ordinance; and WHEREAS, the Sensitive Areas Ordinance requires a Sensitive Areas Overlay zone and Sensitive Areas Development Plan to be approved prior to development activity occurring on properties with critical and protected slopes, and woodlands; and WHEREAS, development activity will not occur within the critical and protected slopes, and woodlands, or within 50-feet of the critical and protected slopes, and woodlands; and WHEREAS, the Sensitive Areas Development Plan is in technical compliance with the Sensitive Areas Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION i. APPROVAL. The property described below is hereby reclassified from Low Density Single Family Residential, RS-5 to Sensitive Areas Overlay, RS-5/OSA and the associated Sensitive Areas Development plan is hereby approved. Commencing at the southeast corner of Lot 11, Surrey Hills Addition, to Iowa City, Iowa in accordance with the plat recorded in Book 7, Page 67 of the records of the Johnson County Recorder's Office; Thence N01 °22'00"W, along west line of said Lot 11, a distance of 39.31 feet; thence S89 °55'00"W, 290.49 feet; thence N09 °00'00"W, 101.96 feet; thence 84 °58'00"W,212.61 feet, to a point on the easterly right-of-way line foe Dubuque Road; thence N16 °44'00"E, along said easterly right-of-way line, 506.80 feet; thence S73 °16'00"E, 130.00 feet; thence N16 °44;00"E, 141.00 feet; thence S73 °16'00"E, 49.60 feet; thence N89 °29'00"E, 111.40 feet, to a point on the west line of said Surrey Hills Addition; thence S01 °22'00"E, along said west line 688.80 feet, to the point of beginning. Said tract of land contains 5.60 acres, and is subject to easements and restrictions of record. SECTION I1. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION Ill. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Sensitive Areas Development plan for this property and to record the same at the office of the County Recorder of Johnson County, Iowa, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,2001. MAYOR ATTEST: CITY CLERK Approved by 'C~ty ~'to~ey's ~)ffice STAFF REPORT To: Planning and Zoning Commission Prepared by: Shelley McCafferty Item: SUB02-00018/REZ02-00019 Date: October 17, 2002 GENERAL INFORMATION: Applicant: Tom Lewis 2944 Orchard View Lane Iowa City, IA 52240 Requested Action: Preliminary subdivision plat, and rezoning from Low Density Single Family Residential (RS-5) to Sensitive Area Overlay (RS-5/OSA) Purpose: To permit a 4-lot subdivision. Location: 1520 N. Dubuque Road Size: 5.6 acres Existing Land Use and Zoning: RS-5, single-family residence Surrounding Land Use and Zoning: North: RS-5, Low Density Single Family South: RS-5, Low Density Single Family East: RS-5, Low Density Single Family West: RS-8, Medium Density Single Family Comprehensive Plan: Single Family/Duplex Residential File Date: September 26, 2002 45-Day Limitation Period: November 10, 2002 BACKGROUND INFORMATION: The applicant, Tom Lewis, has requested that 5.60-acres located at 1520 N. Dubuque Road be subdivided into 4 lots. There is currently a single-family residence and three accessory structures located on this property. The majority of the property is relatively flat, however there are wooded, regulated slopes on the eastern podion of the property. The size of the four lots is relatively large, ranging from 1.21 acres to 1.60 acres. ANALYSIS: Comprehensive Plan The North District Plan depicts this area as being appropriate for single-family/duplex residential. Furthermore, the Plan recommends Iow-density residential redevelopment in the North Dubuque Road vicinity due to the rural character, sewer constraints and topography of this area. The proposed 4-lot subdivision complies with the North District Plan. Subdivision Requirement This subdivision does not propose any new streets. Access to the four lots will be provided from Dubuque Road. Staff feels that the general considerations of the Design Standards have been met. Sanitary Sewers: The sanitary sewer will be connected to the existing sewer located in the ravine on the northeast corner of the property. This will require disturbance of sensitive areas. New sewer will be installed along the Dubuque Road right-of-way. Stormwater Manaqement: Based on City code, this subdivision requires stormwater management. A retention basin would be located at the lowest elevation on the property, which is within the sensitive areas. Because staff feels it is more critical to minimize the disturbance of the sensitive areas, and because of the relatively small area that will be covered with impervious surfaces, staff recommends that the stormwater management requirement be waived. Attached is a memo from Public Works that further exprains this issue. Water: The applicant wirl be required to pay a water main extension fee of $395 per acre when each lot is developed. Sidewalks: Sidewalks along the Dubuque Road right-of-way will need to be provided by the applicant. These are not illustrated on the preliminary plat Sensitive Areas: This property contains steep, critical and regulated slopes. The Sensitive Areas Inventory Map also illustrates a wooded area on this property. The applicant is not proposing any development within 50 feet of the sensitive areas. However, this subdivision will require connecting to the sanitary sewer that is located at the bottom of the ravine within the sensitive areas. This will require disturbance of protected and critical slopes. Under the Sensitive Areas Overlay Ordinance, disturbance of these stopes is allowed for the installation of essential public utilities. For this reason, a rezoning to Sensitive Areas Overlay rezoning and Development Plan are required. Because disturbance of the slope will be minimal, staff feels this is acceptable. STAFF RECOMMENDATION: Staff recommends that SUB02-00018/REZ02-00019, an application by Tom Lewis for a rezoning from Low Density Single Family Residential (RS-5) to Sensitive Areas Overlay (RS-5/OSA), and a preliminary plat of Hearthside Refuge, a 4-lot, 5.6-acre subdivision located at 1520 N. Dubuque Road be approved. DEFICIENCIES AND DISCRPENCIES: 1. Sidewalks on the east side of North Dubuque Road required. ATTACHMENTS: 1. Location map 2. Preliminary Plat 3. Letters from Public Woj'f~s and MI~S Consultants. Karin Franklin, EY~recto/ Department of Planning and Community Development RR I CO I 1 RS 12 RR 1 ,, ' ', ' ',, "~ ~ ........ ~I RS 5 P ' ~ 4, ~ ID-RS RS 5 ......... ~ ~RR1 :,~ ~ ,' ID -RS RSS RSO I RS RM 12 SITE LOCATION: east of Dubuque Rd. & north of Dodge St. SUB02-00018 Preliminary Pla[ & SFnsi[ive Areas Overlay Hear[hside Refuge' , '/ / Iowa Ci[y, Ia , ~ / COT 6 ~1~- ~o~c~ ~o~s <~ ~ ~) I cot 1 ~ City Io~a City f~ ~l~ ~ ~ ~l ~ ~ Prelim~ary Plat & ~ ~ Co~ {~ ~{~ ~ Sent by: MMS CONSULTANTS, INC. 3193518476; 10/31/02 3:18PM;Jet'S-dx #160;Page 2/2 MMS CONSULTANTS INC Igl 7 S, GILBERT STREET IOWA CIT~ · IOWA 522404363 ¢;le,,RunaldO LMeisller~le~ l.p lis a P I( OFFICE: 319-351-8282 ' VAX; ~19-351-8476 J~n~EL~h~ I..a. (E-~II.: MMSCONSUI.T~TSIC(~CS COM) ~. a u~ I, n October 29, 2002 Mr. Chuck Sc~eke, P.E. Ciw of Iowa Public Wor~ Director 410 ~t Washinglo~ Slreel Iowa CiW, IA 52240 ER: He~hside Refuge Storm Water Management ~ar Mr, Schmadeke: With t~s le~t w~ ~e wquesting that th~ CiW of Iowa Ci~ Storn~ Water M~agamcm requiremen~ be waived for this proposed suMivision_ Tim above referenced subdivision contains four 1o~ on 5_60 acrcs ~d lies e~t of Dubuque Road and no~h of Dodge Stceet. We teques~ this variance b~cd on the following; l} The cn~cnt Prelimin~y P~I mtd Se~itNe ~e~ ~erlay Pl~ shows that approximately the e~terly one-half of the su~ivision ~ of Sensitive Features. Ifstom~ water m~agomem were ~quired, the det~tian ~in would need to be constructed within the~ ~nsitiv~ Fealu~s ~d would have a~ adve~ effect on them. 2) As shown on the a~ched Slorm Water Calculations, the co~truction of lhi~ su~ivisian will hove a minimal ~ffect on the runoff from this site. The moff from the easterly watershed will remain ess~tially ~e s~ ~¢r development. ~e runoff from the weiterly watershed will increaie by approximately 6~. However, ~is watershed is approximately I. I acres ~d ~es not r~uim store wa~r m~agement according to ~e Ci~ of Iowa City's Storm Wa~r M~agumani Ordin~ce. If you have any additional questians or concerns, ple~e ~amct us accordingly. Sincerely, MMS Consult~, lac_ Kelly J, B~kler, P,E. F~DO-.~M tomr. Ofll02 DOCS~'~400~64 ~0-001 ~410CHUCK$.DOC Kelly J. Beckler, P.E. MMS Consultants, Inc. 1917 South Gilbert Iowa City, IA 52240-4363 Re: Storm Water Management Requirement Dear Kelly, The Public Works Director has reviewed your letter dated October 29th and agrees that the storm water management requirement for the Hearthside Refuge Subdivision can waived. In addition to the reasons you brought up in your letter, the City also feels that the large lot size and the abundant capacity of the existing drainage way also needs to taken into account. If you have any questions please feel free to call me at 356-5149. Sincerely, Ross Spitz Civil Engineer Cc: Chuck Schmadeke, Public Works Director Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ('v'AC02-00006) ORDINANCE NO. AN ORDINANCE VACATING LAFAYETTE STREET LOCATED WEST OF CAPITOL STREET. WHEREAS, Eagle View Properties has applied for the vacation of approximately 5,900 square feet of Lafayette Street right-of-way, located west of Capitol Street; and WHEREAS, Lafayette Street right-of-way west of Capitol Street is unimproved, and is not used for vehicular or pedes!rian circulation, nor is it used for emergency vehicle or utility vehicle access; and WHEREAS, the City of Iowa City has no plans to improve the Lafayette Street right-of-way for vehicular or pedestrian access or circulation; and WHEREAS, as a condition of the conveyance of the Lafayette Street right-of-way west of Capitol Street, Eagle View Properties has agreed to incorporate their properties to the north and to the west of Lafayette Street right-of-way into one lot, to avoid the creation of a land-locked parcel as a consequence of this vacation. 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: Commencing at the Southeast Corner of Lot 5, Block 15, County Seat Addition to Johnson County, Iowa; thence S0°16'20"~Nest 34.68 feet to the northerly right-of-way line of the Cedar Rapids and Iowa City Railway; thence southeasterly along said right-of-way line to a point of intersection with the westerly right of-way line of Capitol Street; thence northerly along the westerly right of-way line of Capitol Street to the Southeast Corner of Lot 4, Block 15, County Seat Addition to Johnson County, Iowa; thence westerly along the southerly line of said Lot 4 to the Southwest Corner of said Lot 4; thence continuing westerly 20.00 feet more or less to the point of beginning. 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 the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ., 20 MAYOR AFl'EST: CITY CLERK C it y'A~t o%~ ppdad m/o~d/lafay~tte.doc CO STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp Item: VAC02-00006. Lafayette Street Date: November 7, 2002 Right-of-Way West of Capitol Street GENERAL INFORMATION: Applicant: Eagle View Properties, LLC 3 E. Benton Street Iowa City, IA 52240 Phone: 351-2848 Applicant's Attorney: Robert N. Downer 122 S. Linn Street Iowa City, IA 52240 Phone: 338-9222 Requested Action: Vacation of Lafayette Street right-of-way west of Capitol Street. Purpose: To add to adjacent property at 729 Capitol Street. Size: Approximately 5,900 sq. ft. Existing Land Use and Zoning: Vacant right-of-way; CI-1 Surrounding Land Use and Zoning: North: Vacant; C1-1 South: CRANDIC Railroad; C1-1 East: Commercial; C1-1 West: Industrial; C1-1 Comprehensive Plan: Intensive Commercial File Date: October 9, 2002 BACKGROUND INFORMATION: The applicant, Eagle View Properties, has applied for the vacation of an approximate 5,900 sq. ft. portion of undeveloped Lafayette Street right-of-way, west of Capitol Street. Until recently, this property functioned as an access point to CRANDIC railroad property to the west, and a portion of it was leased to the property owner of 729 Capitol Street. Eagle View Properties has recently purchased the 729 Capitol Street property as well as the CRANDIC Railroad properties to the west. Because this right-of-way is no longer needed for access by CRANDIC Railroad, the applicant would like to acquire it and add it to the 729 Capitol Street property. This is the last remaining piece of Lafayette Street right-of-way west of Capitol Street. 2 ANALYSIS: Release of a street or alley right-of-way should not be recommended when it would result in 1) detrimental vehicular or pedestrian circulation; 2) interference with the rights of access to any private property; or 3) inhibiting the access of fire, emergency or utility vehicles. Access: The right-of-way, which is unimproved to street standards, had provided access to CRANDIC Railroad property to the west. Since the adjacent properties to the north and west have been purchased by Eagle View Properties, the right-of-way is no longer needed for access by CRANDIC Railroad. To avoid the property to the west from becoming landlocked, staff recommends that the applicant have an auditor's plat prepared and recorded to incorporate the former CRANDIC properly to the west and the 729 Capitol Street property as one lot, with frontage on Capitol Street. This will prevent a landlocked parcel from being created due to this vacation. This right-of-way is not being used for pedestrian or vehicular circulation, nor are there plans to use it for pedestrian or vehicular circulation. Some concern has been expressed with other right- of-way vacations in the area due to their potential to provide pedestrian access to the Iowa River. This right-of-way only extends 150 feet west of Capitol Street, and does not provide access to the river. Because of the industrial zoning and railroad tracks between this right-of-way and the Iowa River, staff would not recommend that pedestrian access be pursued in this vicinity. Fire/emergency vehicle access: The property does not appear to be needed for fire or emergency vehicle access, provided the properties acquired by Eagle View Properties are incorporated into one lot with access from Capitol Street. Public storm and sanitary sewers are located in the right-of-way, and a blanket utility easement should be created for these utilities. This will prevent the property owner from placing structures on the right-of-way, though it may be used for parking or open space/set back area. CRANDIC Railroad operates the railway bordering the south side of this right-of-way, and has been notified of the vacation request. STAFF RECOMMENDATION: Staff recommends that VAC02-00006, an application for the vacation of approximately 5,900 sq. ft. of Lafayette Street right-of-way west of Capitol Street be approved, subject to Eagle View Properties incorporating their properties west of Capitol Street and north of the CRANDIC Railroad into one lot by auditor's plat, prior to the right-of-way being conveyed. ATTACHMENTS: 1. Location map. 2. Letter from applicant's attorney. 3. Photographs of property Karin//Franklin, Director Dep~rtment of Planning and Community Development ppdad min\stfrep\vac02-00006.doc PLAT OF S1 JRVEY AUDITOR'S PARCEl NO. 2001-092 ,.~. 9~0~ ~o~ ' ~.. ,~,~ ..o,. ~- w..~ ,,o.,, ,.., .,~, ,. .............. ~ ................. [h~nce N~ 18' 55' ~' West 2~,23 fee~ along the I t20 [ 1 x~ ,, , .~.~,. ~-~.~ ~FAYE~E STREE CEDAR RAPIDS AND IOWA Cl~ RAIL~VAY ~.~ port of Lot 5, BI~ 15, C~nty ~at A~ition, tho[ pc I TOP OF MEARDOI,,I, SUEPPEL ~- DOWNER P.L.C. JAHES D. IVICCARRAGHER IOWA CrI'Y'. IOWA 5ZZ,d,O - 1830 October 22, 2002 MR. JOHN YAPP DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT 410 E WASHINGTON IOWA C1TY IA 52240 Re: Eagle View Properties, [.LC. Request for Vacation of a portion of Lafayette Street Dear John: Pursuant to our telephone conversation of yesterday afternoon, I am enclosing a copy of the plat of survey of Auditor's Parcel No. 2001-092 which depicts all of the property north of West Benton Street which Eagle View Properties, L.L.C. purchased from the CRANDIC Railroad late last year. As I believe I mentioned to you, Eagle View Properties is an affiliate of City Carton Company, Inc., which occupies all of this property. The parcel of .42 acre located in the northwest corner of the plat is the property to which the CRANDIC gained access from the portion of Lafayette Street that we are asking to have vacated. The north-south alley in Block 15 has, at least at the southerly end, also been vacated and, therefore, the CRANDIC would have been left without vehicular access to this tract had Lafayette Street been vacated when that was requested by Richard Strauss. As I mentioned to you, Eagle View Properties has also purchased Lot 4, the east half of Lot 5 and the adjacent vacated alley in Block 15 from the Strauss family. As I believe these materials and this explanation will indicate, no other party would be affected by the proposed vacation. As I mentioned to you yesterday, the old buildings Mr. John Yapp October 22, 2002 Page 2 of 2 on the Strauss property have been demolished in order to remove four underground storage tanks located on the Strauss property. Those tanks have all been removed, and we are awaiting a "no action" letter from the Iowa DNR to conclude the real estate transaction with the Strauss'. Our clients are aware that there are underground utilities beneath the portion of Lafayette Street proposed to be vacated, and understand that utility easements would be reserved by the City in any conveyance of the property. I assume that that would be handled in much the same way as the sale of West Benton Court to Oaknoll. If you or other members of the Planning Staff would like to discuss this at any time I would be happy to meet with you. I will be gone this Thursday and Friday but should be available thereafter. Robert N. Downer RND/bjf Enclosure Cc: Mr. John Ockenfels Mr. Tom Rowland Se Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC02-0007) ORDINANCE NO. AN ORDINANCE TO VACATE THE EAST TO WEST ALLEY IN BLOCK 27 OF THE ORIGINAL TOWN PLAT, LOCATED BETWEEN MARKET AND BLOOMINGTON STREET WEST OF DODGE STREET. WHEREAS, the applicant, Mercy Hospital, has requested the vacation of the alley on Block 27 of the Original Town; and WHEREAS, this alley is not needed for public purposes; and WHEREAS, the Planning and Zoning Commission has reviewed and recommended approval of this requested right-of-way vacation, subject to 1) no direct vehicular access to Market Street, 2) the cun'ent alley intersection with Dodge Street will be closed and there will be no additional direct vehicular access from Block 27 onto Dodge Street; the exit-only from the existing parking facility onto Dodge Street will be allowed to remain, 3) any overhead utilities relocated from the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground. 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: Beginning at the SE comer of Lot 1 of said Block 27; thence S00°03'12"E, 20.00 feet to the NE corner of Lot 8, said Block 27; thence N89~'57'18"W, 319.82 feet (recorded 320 feet) to the NW comer of Lot 5, said Block 27; thence N00°06'52"W, 20.00 feet to the SW comer of Lot 4, said Block 27; thence S89°57'18"E, 319.84 feet (recorded 320 feet) to the Point of Beginning. Said alley vacation contains 6,397 sq. ft. or 0.15 acres. ~. All ordinances and parts of ordinances in conflict with the previsions of this Ordinance are hereby repealed. SECTION IIII SEVERABILITY. if any section, provision or pad of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, prevision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20.__ MAYOR Aq-~EST: CITY CLERK C it y ~,~t~ ~,~ ~/O'ffi c/~'' STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: VAC02-00007. Vacation of alley between Date: November 7, 2002 Johnson and Dodge Street GENERAL INFORMATION: Applicant: Darrell Lamb Mercy Hospital 500 E. Market Street Iowa City, IA 52245 Requested Action: Vacation of alley in Block 27 of Original Town Plat. Purpose: To allow Mercy Hospital to control this property. Location: East/west alley between Johnson and Dodge Street. Existing Land Use and Zoning: CO-1, Medical Office and Parking Surrounding Land Use and Zoning: North: CO-1 and RNC-12, Office and Residential South: CO-1, Office and Residential East: RNC-12, Residential West: CO-1, Mercy Hospital File Date: October 17, 2002 BACKGROUND INFORMATION: Mercy Hospital has acquired all property within the block bounded by Bloomington, Dodge, Market and N. Johnson Street (Block 27 of Original Town Plat). The south half of the block contains a parking structure for Mercy Hospital. The northwest corner of the block contains the Mercy Cancer Center. The remainder of the north half of the block contains parking or vacant properties where residential structures were recently demolished, Mercy Hospital would like the alley vacated in order to allow it to control the entire block. The hospital plans to add on to the Cancer Center and provide additional parking areas. ANALYSIS: Three general criteria determine the advisability of the release of a street or alley right-of-way. A release would be inadvisable if it would interfere with vehicular or pedestrian circulation and interfere with the right of access to private property or inhibit the access of emergency or utility services. In this location Mercy Hospital owns all properties that have access to this alley. Therefore, vacation would not interfere with access to any private property. Previously the alley did serve as vehicular access to individual lots when this area was developed for residential purposes. With the redevelopment of this entire block for one user, access to individual lots is no longer needed. Staff would caution, however, that vacation of this alley should be done so that it 2 does not result in future requests for access directly on to Market Street, an arterial street. The current alley intersects with Dodge Street, a State Highway and an arterial street. When the alley served residential uses it handled a Iow volume of traffic. With the intensification of uses on this block, there is the potential for a considerable increase of traffic being directed to and from Dodge Street. It is preferable that traffic enters and exits Dodge Street from Bloomington Street rather than from the current alley location. Therefore staff recommends that as a condition of the City's vacation of the alley, the current alley intersection with Dodge Street be closed and no additional direct vehicular access be permitted from Block 27 onto Dodge Street. The existing exit-only from Mercy's parking structure to Dodge Street may remain. The property does not contain City water, sewer or storm sewer lines and therefore is not necessary for municipal utilities. Staff has sent a letter to the private utility companies advising them of this request for a vacation and asking if they have any need for the alley. If there are any private utilities such as gas, electric, cable or telephone lines within this alley, an easement should be retained for these utilities unless the applicant make provisions for their being moved to an acceptable location. The applicant has indicated that they have reached agreement with MidAmerican Energy Company to relocate the existing power line that runs through the alley. To assure that the overhead line is not moved to a more visible location along Bloomington or Market Streets, staff recommends that the City's vacation of the alley be subject to any relocated overhead utilities being located at least 100 feet from Bloomington and Market Streets or placed underground. It does not appear that this alley is needed to serve a public purpose. As long as there is an agreement specifying: 1) no direct vehicular access will be sought by Mercy Hospital to Market Street, 2) the current alley intersection with Dodge Street will be closed and there will be no additional direct vehicular access from Block 27 onto Dodge Street; the exit-only from the existing parking facility onto Dodge Street will be allowed to remain, and 3) any overhead utilities relocated from the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground. There does not seem to be a reason for the City to retain this alley right-of-way. STAFF RECOMMENDATION: Staff recommends that VAC02-00007, a request to vacate the east/west alley in Block 27 of the Original Town Plat be approved subject to 1) no direct vehicular access will be sought by Mercy Hospital to Market Street, 2) the current alley intersection with Dodge Street witl be closed and there will be no additional direct vehicular access from Block 27 onto Dodge Street; the exit-only from the existing parking facility onto Dodge Street will be allowed to remain, and 3) any overhead utilities relocated from the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground. ATTACHMENTS: 1. Location map. 2. Alley vacation exhibit. / Approved by: ~' Kar,(n Franklin, Director Department of Planning and Community Development ppdadmin~sffrep\vac02-00007.doc RM 441 ~ ' RS 8~ C01 ,,, PRM - RNC CB :2 ~,, RM SITE LOCATION: 500 E. Market Street VAC02-00007 Mercy Hospital Iowa City, Iowa 52245 ,.11., MERCY ~1~1~ Exceptional Medicine. Extraordinary Care. October 17, 2002 319 339 0300 phone Attention: City Council of Iowa City Planning and Zoning Commission :: '`--c- -~ -FI 410 E. Washington Street :::, ~': :: '-: Iowa City, Iowa 52240 ~ _ Dear Council and Commission Members: Mercy Hospital has submitted an application to the City of Iowa City to vacate the alley in Block 27 of the Original Town. Mercy owns all parcels of land on either side of this alley, and would, therefore, like to purchase this parcel as well in order to continue to provide adequate space to support programs that meet the health care needs of the community. Mercy staff will be available to meet with City personnel as needed to facilitate this process. We would like to request the City to look favorably on this application. Sincerely, Darrell J. Lamb, CPE, FASHE Director of Engineering DJL:nv copy: Glen Winekauf, Vice President, Marketing and Support Services - Mercy Tom Gelman, Phelan Tucker Mullen Walker Tucker & Gelman, LLP ALLEY VACATION EXHIBIT I/2" ¢¢bar Inside I" ~lb 12" deep ~ BLO0 ~INGTO N ST ~ N qo"oo'oo" E - ~,oo' (~o') ~ Z ~ I I e y f o b · ~ a c a t e d (20'~ ~o ~ 5 6 7 8 ~ M A R K E T. S T (8o'~ [ ~ 4~0.02' (4~0') s/~" LEGEND: · 5/¢ rebor found unless noted ~ ~' oF ~sh 0 5/8" rebor w/ cop ~8295 ~et ( ) Recorded dimension or Bk - Pg 3ropHefor A person requesting ~ ¢1~' ~ ~A~B~A~ ALLEY VACATION EXHIBIT ~Ol~ SURVEYING AND ENGINEERING PROJECT DRN'1 535 SOU~GATE A~NUE IoWQ CI~ C~ncer T~afmenf CenJer ~ TA ALLEY VACATION for IOWA CITY CANCER TREATMENT CENTER LEGAL DESCRIPTION All of the platted alley in Block 27, Original Town, Iowa City, Iowa described as follows: Beginning at the SE corner of Lot 1 of said Block 27; thence S 00°03'12" E - 20.00 feet to the NE corner of Lot 8, said Block 27; thence N 89°57'18'` W - 319.82 feet (recorded 320 feet) to the NW corner of Lot 5, said Block 27; thence N 00°06'52" W - 20.00 feet to. the SW corner of Lot 4, said Block 27; thence S 89°57'18" E - 319.84 feet (recorded 320 feet) to the Point of Beginning. Said Alley Vacation contains 6397 sq. ft. or 0.15 Acre. 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 10 th day of December, 2002, in the Emma J. Harvat Hall, 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: 1) Resolution to adopt the update of the Iowa City Housing Authority Section 8 Administrative Plan Copies of the plans will be on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa, by November 21, 2002. 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 the rights of persons with disabilities. If an applicant's failure to respond to a request for information or updates was caused by the applicant's disability, the Iowa City Housing Authority will provide a reasonable accommodation. If the applicant indicates that they did not respond due to a disability, the Iowa City Housing Authority will verify that there is in fact a disability and that the accommodation they are requesting is necessary based on the disability. An example of a reasonable accommodation would be to reinstate the applicant on the waiting list based on the date and time of the original application. 4.10 INFORMAL REVIEW If the Iowa City Housing Authority determines that an applicant does not meet the criteria for receiving Section 8 assistance, the Iowa City Housing Authority will promptly provide the applicant with written notice of the determination. The notice must contain a brief statement of the reason(s) for the decision and state that the applicant may request an informal review of the decision within ten (10) calendar days of the denial. The Iowa City Housing Authority will describe how to obtain the informal review. The informal review process is described in Section 15.36~ of this plan. 5.0 SELECTING FAMILIES FROM THE WAITING LIST 5.1 WAITING LIST ADMISSIONS AND SPECIAL ADMISSIONS 24 CFR 982.203 AND .204 The Housing Authority may admit an applicant for participation in the program either as a special admission or as a waiting list admission. If HUD awards funding that is targeted for families with specific characteristics (e.g. Family Unification Program (FUP), or families living in specific units (e.g. HUD project based opt out), the Iowa City Housing Authority will use the special admission for those families. 5.2 PREFERENCES 24 CFR 982.207 The Iowa City Housing Authority will select families based on the following preference: A. Displaced: Individuals or families displaced by govermnent action or whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal disaster relief laws. B. Families with children 18 and under or elderly or disabled families Fmilies with no children under 18 years ofaggA 20 Indi iduals fa ili ~;-':-- :- - -~ ..... ' ....... 5.3 SELECTION FROM THE WAITING LIST 24 CFR 982.204 The date ~d time of application will be utilized to dete~ine the admission sequence for alt applicants including special admission within the above-prescribed preferences. x~,~...:,~,~_n:_~ ~ ~ .... The Iowa City Housing Authority retains the right to skip hi~her income families on the waiting list if necessary to meet the statutory requirement that 75% of newly admitted families in any fiscal year be families who are extremely low-income as defined by HUD, see Appendix A, ~. This ~cas~e will only be taken iF it appears the ~oal will not othe~ise bc met. To ensure ~his goal is met, thc Housing Authority will monitor incomes of newly admitted g~ilics and thc income of thc Ya~ilics on thc waiting list. IF there ~e not enough extremely low-income Families on thc waitin~ lis~, thc ICHA will conduct outreach on a non-discriminatory basis to attract extremely low-inco~c Families to reach the statuto~ requirement. 6.0 ASSIGNMENT OF BEDROOM SIZES (SUBSIDY STANDARDS) 24 CFR 982.402 The intent of HUD requirements is that the smallest appropriate bedroom size be assigned to participant families without overcrowding. Subsidy assignments will allow at least one bedroom for each two persons Subsidy will be determined using the following guidelines: A. A oOne-bedroom subsidy will be assigned to a single adult with a child under the age of one (1). B. A oOne-bedroom salsify will be assigned for two children of the same sex regardless of age. C. A oOne-bedroom z=~siffy will be assigned for children of the opposite sex who are both under the age of five (5). D. An additiznal oOne-bedroom =u~zidy will be added for a live-in aide. E. An unborn child will not be counted in determining subsidy standards~ F. A oOne-bedroom zn~zidy will bc assigned for every two adults (persons over the age of 18) regardless of relationship. 21 3.1 INTRODUCTION There are six (6) eligibility requirements for admission to the Section 8 Program: -1) Qualifies as a family 2) Has an income within the income limits 3) Meets citizenship/eligible immigrant criteria 4) Provides documentation of social security numbers 5) Signs consent authorization documents 6) Has not been involved in drug- related or violent criminal activity or has not displayed a pattern of e, thcr criminal behavior in the past 5 years (See page 19 (Fsection 4.8~). 3.2 ELIGIBILITY CRITERIA A. Family status 24 CFR 982.201(c) A family is defined as: 1. A single person 62 years or older 2. A disabled person either who is l 8 years or older and is not declared as a dependent by a parent or guardian or who is a dependent living in a group home or similar supervised residence. 3. A household with a child or children who resides in the unit 51% of the time (A child who is temporarily away from the home because of placement in foster care is considered a member of the family) 4. Two or more elderly persons or disabled persons living together, or one or more elderly or disabled persons living with one or more live-in aides 5. Two or more persons related by blood, marriage, domestic partnership (certified by City of Iowa City Clerk), adoption or placement by a governmental or social service agency, as defined by City of Iowa City code 6. A single adult that is not hart of another household. B. Income eligibility 24 CFR 982.201(b) 1. To be eligible to receive assistance, a household shall, at the time the household initially receives assistance under the Section 8 Program, be a low-income household that is: a. A very low-income household (below 50% belowmedian income); or b. A low-income household continuously assisted under programs authroized by the 1937 Housing Act (below 80% below median income). 12 The PHA must not approve a unit if the owner is the parent, including step-parents, step- grandparents, sister-in-law, brother-in-law, child, grandparent, grandchild, sister, or brother of any member of the family, unless the PHA determines that approving the unit would provide reasonable accommodation for a family member who is a person with disabilities. This restriction against PHA approval of a unit only applies at the time a family initially receives tenant-based assistance for occupancy of a particular unit, but does not apply to PHA approval of a new tenancy with continued tenant-based assistance in the same unit. The above provision will also apply to the "would be" parent or other relative of an unborn child. 19. HOMEOWNERSHIP 24 CFR Part 5, 903 & 982 The Iowa City Housing Authority has established a Section 8 Tenant-based Voucher Homeownership Option pursuant to the HUD final rule (24 CR subnart M. hart 982) dated September 12,2000~ 19~ 1. GENERAL PRO VISIONS: The Section 8 Homeownership Program of the Iowa City Housing Authority (sICHA'-') permits eligible participants in the Section 8 Housing Choice Voucher Program, including participants with portable vouchers, the option of purchasing a home with their Section 8 assistance; rather than renting. The homeownership option is limited to three percent (3%) of the total Section 8 voucher program budgeted by the ICHA in any fiscal year~ (excluding disabled and elderly families). Eligible participants for the Section 8 Homeownership Program must have completed aS minimum 8ec4iov,~aone~year lease term with Section 8~ rental assistance. They must not owe the iCHA or any other housing authority an outstanding debt; and must meet the eligibility criteria set forth herein. Section 8 homeownership assistance payments may be used to purchase the following type of housingmes within Johnson County: new or existing single-family units, condominiums, v ................ }, ......... cooperatives, lofts, and live/work "-;'~ or manufactured ' ~' .... umts ......... ICHA will also wi!! permit portability of Section 8 homeownership ~zz:g~-cc payments to another jurisdiction, provided the receiving jurisdiction operates a Section 8 Homeownership Program for which the ~ ~ll~lll~''ll~lOlll~; .... ~LL~,,,~;O"''+ participant qualifies, is accepting new families, or authorizes the ICHA to administer the homeownership assitance in their iurisdiction (24 CFR 982.636; 24 CFR 982.355(c)(5)). 19.2 QUALIFICATION5 FOR ..... v .......... ~,~, PARTICIPATI03, ....... ~ ........ Votmher,, may utilize his or her subsidy to purchase; rather than rent; a home,o~w~""~';~°' toil= the following requirements are me~: 56 4=.A. GeneralRequirements (24 CFR982.627(a)l).. A family must meet the general requirements for admission to, or continued participation in, the ICHA Section 8 t~aav, Cbased-Housing Choice Voucher Program. gB. Previous Unsuccessful Particination (24 CFR 982.627(a)(5)). If a head of household, snouse, or other adult household member who will hold ownershin in the home has previously defaulted on a mortgage obtained through the Section 8 Homeownershi~ Prom:am. the family will be ineligible to participate in the homeownershiv nrom:am.- 3£. Particir>ants Must be First-time Homeowners (24 CFR 982.627(b). A member must not hav_e owned title to a residence in the last three years, excevt sin~le- varents or displaced homemakers whom previously owned a home with a s~ouse. Residents of limited eauitv cooveratives under the rental assistance t~rom-am are eligible for the homeownershi~ omion If principal -~;'~ .... in '~'~ ~-~' `~' ......... 5D. Homeownershin Counselin~ Reauirements (24 CFR 982.630~ C'arrcnt pProgram participants must be deemed to4~-"mortgage ready" by the HACP2 ~4homeownership counseling t~grogram E. Mort~aue readiness will also be evaluated by the Housinr, Insnection Services Director or designee considering the following factors: 1. History of accurate income reporting to ICHA under the rental assistance pro~ram_. 2. History of meetinu financial obligations, including re__nt and utilities. 3. A satisfactory credit report, 4. Letter of recommendation from current emplo35~ 5. Any.pattern of criminal behavior for 3 years precedi_ng a~2~lication. 6. Other d~cumentation as necessar¢ 6F. ---Employment Requirement_(24 CFR 982.627(d)~+ The persons who will ~.~,~ ~c~, ..... *'~ ,~, o~, ..... must~individuallv or receive ownership of the home. ................... 57