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Home My WebLink About2009-07-02 Info Packet~ - i ~~.®dr~ ~mli. ~ ,wr®~~~ -•ti.as._ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET July 2, 2009 July 6 SPECIAL WORK SESSION IP1 Council Meetings and Work Session Agenda IP2 Schedule of Pending Discussion Items MISCELLANEOUS IP3 Memorandum from the Director of Public Works and the Director of Planning and Community Development: Update: Flood-related activities IP4 Letter from Lee Grassley, Mediacom, to the City Clerk: Cable service rates IP5 Police Department P.A.U.L.A Report - May 2009 IP6 Robert James Hegeman vs. the City of Iowa City and the City Council of Iowa City DRAFT MINUTES IP7 Board of Adjustment: June 10, 2009 ~ - i ~~ ®. - .,"~°~, ~,,~ I P 1 City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas July 1, zoos www.icgov.org • MONDAY, JULY 6 Emma J. Harvat Hall 6:15p NOTE NEW START TIME Special Council Work Session No dinner provided Agenda Items ^ FBI Activity in Iowa City ^ Information Packet Discussion (July 2] ^ Council Time ^ Budget Priorities ^ Schedule of Pending Discussion Items ^ Upcoming Community Events/Council Invitations ^ Discussion of Meeting Schedules 7:OOp Special Formal Council Meeting Emma J. Harvat Hall Continue Council Work Session if necessary TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, JULY 27 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, JULY 28 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • MONDAY, AUGUST 17 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, AUGUST 18 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, SEPTEMBER 14 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, SEPTEMBER 15 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • WEDNESDAY, SEPTEMBER 16 Johnson County Health and 4:OOp Joint Meeting Human Services Bldg • MONDAY, SEPTEMBER 28 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, SEPTEMBER 29 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting IP2 SUMMARY OF PENDING WORK SESSION ISSUES 7/ 1 /09 Legalization of Urban Chickens (JULY 27) Greenhouse Gas Assessment Update (AUGUST 17) Meet with Historic Preservation Commission re: energy efficiency/green issues (after guideline revisions are drafted) (AUGUST/SEPTEMBER) Farmers' Market (AUGUST/SEPTEMBER) Snow Removal Plan Update (AUGUST/SEPTEMBER) Site of New Animal Shelter (after FEMA final decision) Flood Response & Mitigation Update (PERIODIC) Alley Inventory (FALL 09) 2010 Legislative Priorities (FALL 09) ~~®~ C[TY OF [4WR C[T - ~ ~~~~,~r1ti'~,~ IP3 E~QF~A Date: July 2, 2009 To: City Council From: Rick Fosse, Director of Public Works Jeff Davidson, Director of Planning and Community Development Re: Update: Flood-related activities Engineering and Public Works Administration • Work with staff to develop the applications for the Community Disaster Grants. • Work with staff to develop the applications for I-JOBS Funding. • Contractor started to work on the Iowa Avenue Inverted Siphon Sewer Project. • Flood repair plans have been submitted to the DOT for the Highway 6 Bridge, Highway 1 Bridge and North Riverside Drive. • Met with the Water Division and Howard R. Green Company to determine repair and replacement plans for the Iowa River water main crossings. • Working with the Iowa DOT to reallocate the FHWA emergency repairs funds for Park Road Bridge and Dubuque Street to the elevation Project. • Met with the City Hazard Mitigation Plan committee to discuss the latest draft. • Discussion with the Army Corps of Engineers in regards to the construction plans and schedule for the Section 14 Iowa River Bank Stabilization along Dubuque Street downstream from the Park Road Bridge. • Discussion of a volunteer clean-up effort of the property purchased from the Park View Church. • Developing the plans and specifications for the demolitions in regards to the HMGP Buyout homes. • Contract with MMS Consultants approved for the design of the levee along Baculis and Thatcher Mobile Home Parks and Commercial Court was approved. Water Continued replacing meters in flooded areas (Idyllwild & Parkview Terrace) - in-house project - (8 left in Idyllwild and 8 left in Park View Terrace) Continue to work with Engineering for design and schedule on the 12" river crossing repairs (Old Plant and Hwy 6) 1. HRG will provide design, specifications and inspection bid documents for the two projects (temporary and permanent repair). A preliminary estimated cost for the projects has been forwarded to FEMA. We're awaiting HRG's scope of services contract and fee for these projects. If the permanent repair can proceed in a timely manner we may forgo the temporary repair. 2. FEMA has completed the PW for the temporary repair and it has been 'obligated' 3. FEMA has completed the PW for aGeo-Technical Study for the River Crossings and it has been 'obligated' 4. A proposal for the Geo-Technical Study has been review by staff and preparations are being made to complete borings in the Iowa River at the Old Plant and Hwy 6 River crossing locations. Upon completion of the Geo-Technical Study FEMA will complete the PW and Hazard Mitigation to replace both river crossings July 2, 2009 Page 2 • Information clarifying the PW and Hazard Mitigation funding for the Peninsula well houses and respective electrical equipment has been accepted by FEMA. We are awaiting the 'obligation' stage. • We continue to wait for a technical opinion on the potential negative impact of the flood on the capacity of CW 3 & CW 4 in order to submit to FEMA • A Draft of the Hazard Mitigation report from Howard R. Green has been reviewed by PW staff. Comments will be forwarded to HRG this week for incorporation in the final report. • The HRG Hazard Mitigation report will demark the projects covered by FEMA funding and those that will need other funding. We will work with Steve Long to identify funding for additional Hazard Mitigation Projects. Planning and Community Development Doug Ongie attended the Long Term Recovery Committee meeting on June 30, 2009 and the Case Management Subcommittee meeting on June 26. • Staff participated in a conference call on Friday, June 26 with staff from the Iowa Department of Economic Development on the Duplication of Benefits (DOB) and Federal Award Determination Examination (FADE) processes for the Jumpstart Federal Housing Assistance Program. David Purdy and Mayor Bailey attended the I-Jobs Board of Directors meeting in Cedar Rapids on June 29tH Staff is preparing four grant applications for I-Jobs funding -- relocating the Wastewater Treatment Plant, building Fire Station #4, constructing affordable housing at the city- owned site across from the old St. Patrick's church site and additional Jumpstart housing repair/rehabilitation funds for flood affected homeowners. Eight homes were acquired on June 30tH, seven as part of the HMGP acquisition program and one through the Community Disaster Grants program. Legal and Community Development staff are working through the duplication of benefits procedure with FEMA before acquiring the remaining homes. A $1.2 million CDBG grant application to elevate the Normandy Drive/Manor Drive intersection to one foot above the 100-year floodplain level was submitted to the Iowa Department of Economic Development on June 29tH Mediacom June 23, 2009 Ms. Marian Karr City of Iowa City 410 E. Washington St. Iowa City; Iowa 52240-1826 Dear Ms. Karr: IP4 Mediacom continues to offer state-of--the-art telecommunication services to our customers. Unfortunately, certain operating costs continue to rise, especially in the areas of programming, fuel and technology improvements. As a result, it is necessary to adjust certain cable service rates, effective on or about August 1, 2009. The specific changes are outlined below. Old Rate New Rate Increase Broadcast Basic $ 11.50 $ 10.87 $ -.63 Ex anded Basic $ 43.45 $ 48.08 $ 4.63 Family Cable $ 54.95 $ 58.95 $ 4.00 We take our responsibility seriously as the preferred provider of cable television, high-speed Internet and phone service in your community. As we manage rising programming and operating costs, we're committed to giving our customers superior value through discounted pricing available when our cable service is bundled with our high-speed Internet and/or phone services. If there are any questions please call me at 319-395-9699 ext 323. Sincerely, ~~ ~ ~~, Lee Grassley ~;.; >-: - ~-~ ~n ~ Senior Manager, Government Relations ~ ~ ~~ ' .. ~~ ~~~ ~~~,p/nO / v r;,, ~ .,~.:.W. ~ f1 ~ '~ Mediacom Communications Corporation 6300 Council St. NE • Cedar Rapids, IA 52402 319-395-7801 • Fax 319-393-7017 IP5 Iowa City Police Department P.A.U.L.A. Report -May 2009 (Possession of Alcohol Under Legal Age) fix. f ~ ~,~ ~~-~ 2: nc~ Business Name (occupancy] Monthly Totals Year-to-Da te Totals PA(~L.A Visa.. ~ t., ,, (occupancy loads updated Oct '08) visits arrests visits arrests a+'>-~ZQ-~t? .` ~ ' `' ./~ 808 Restaurant & Nightclub [176] 5 5 22 23 1.04 Airliner [223] 2 4 20 14 0.700 American Legion [140] 3 0 0.000 Aoeshe Restaurant [156] Atlas World Grill [165] 1 0 6 0 0.000 Blackstone [297] 1 0 1 0 0.000 Bluebird Diner [82] Bob's Your Uncle [260'] Bo-James [200] 1 0 15 0 0.000 Bread Garden Market & Bakery [?] [It's] Brothers Bar & Grill [556] 4 5 39 14 0.359 [The] Brown Bottle [289] Buffalo Wild Wings Grill & Bar [189] 2 0 0.000 Cafe Z [56] Caliente Night Club [498] (opened nnaR) 5 0 18 0 0.000 Carl & Ernie's Pub & Grill [92] 2 0 8 0 0.000 Carlos O'Kelly's [299] Chipotle Mexican Grill [119] [The] Club Car [56] 3 0 0.000 Club Furia [280] 6 0 23 0 0.000 Colonial Lanes [502] Dave's Foxhead Tavern [87] 1 0 3 0 0.000 David's Place (aka Dawit's) [73] 1 0 4 0 0.000 DC's [120] 15 3 0.200 [The] Deadwood [218] 6 0 0.000 Devotay [45] Donnelly's Pub [49] 1 0 8 0 0.000 [The] Dublin Underground [57] 1 0 7 0 0.000 [Fraternal Order of] Eagle's [315] 2 0 0.000 EI Dorado Mexican Restaurant [104] [BPO] Elks #590 [205] EI Ranchero Mexican Restaurant [161] Englert Theatre [838] Etc [178] 4 3 32 47 1.469 Fiesta Mexico (aka Farras) [200] 1 0 9 0 0.000 [The] Field House (aka Third Base) [420] 10 22 41 76 1.854 Firewater [114] 1 0 3 1 0.333 Formosa Asian Cuisine [149] 1 1 1.000 George's Buffet [75j 1 0 4 0 0.000 Givanni's [158] Godfather's Pizza [170] Graze [49] 3 0 0.000 _ Grizzly's South Side Pub [265] 2 0 8 0 0.000 Guido's Deli [20] Hawkeye Hideaway [94] 2 0 5 0 _ .0.000 [The] Hilltop Lounge [90] 1 0 6 0 0.000 IC Ugly's [72] 1 0 6 0 0.000 India Cafe [100] - [The] Industry [436] 2 0 9 0 0.000 Jimmy Jack's Rib Shack (71] 3 0 0.000 Joe's Place [281] 1 0 9 0 0.000 Joseph's Steak House [226] Kamodo Klub [144] 1 0 7 1 0.143 Kandy Land [120] 4 0 0.000 Karaoke La Reyna [78] La Casa (300] 1 0 0.000 La Reyna [49] Linn Street Cafe [80] Los Cocos [99] 13 0 72 0 0.000 Los Portales [161] ' 1 0 9 0 -- 0.000 s [200] Martini Masala (46] Mekong Restaurant [89] - Micky's [98] 5 0 0.000 [The] Mill Restaurant [325] 2 0 0.000 [Loyal Order of] Moose (476] Monica's Italian Bistro & Pizzeria [160] [Sheraton] Morgan's [231] 3 0 0.000 Motley Cow Cafe [82] Okoboji Grill [222] Old Capitol Brew Works [294] 1 0 3 0 0.000 One-Eyed Jake's [299] 3 1 19 22 1.158 One-Twenty-Six [105] Oyama Sushi Japanese Restaurant [87] Pagliai's Pizza [113] Panchero's (Clinton St) [62] Panchero's Grill (Riverside Dr) [95] Piano Lounge [65] 1 0 8 0 0.000 [The] Picador [261] 5 0 0.000 Pints [180] 5 3 27 9 0.333 Pit Smokehouse [40] Pizza Hut [116] Pizza Ranch [226] Quality Inn/Highlander [971] - Quinton's Bar & Deli (149] 2 0 6 0 0.000 [The] Red Avocado [47] Rick's Grille & Spirits [120] 2 0 0.000 Riverside Theatre [118] Saloon [120] 1 0 8 1 0.125 Sam's Pizza [174] 1 0 3 0 0.000 [The] Sanctuary Restaurant [132] 1 0 3 0 0.000 Shakespeare's [90] 1 0 6 0 0.000 Short's Burger & Shine [56] 7 0 0.000 Sports Column [400] 4 3 33 56 1.697 Studio 13 [206] 2 0 8 0 0.000 [TheJ Summit [736] 6 14 36 73 2.028 Sushi Popo [84J Takanami Restaurant [148] 2 3 1.500 TCB [250] 1 0 21 0 0.000 Thai Flavors [60] Thai Spice [91] T. Spoons [102] Union Bar [854] 7 16 35 41 1.171 VFW Post #3949 (197] [The] Vine Tavern [170] 1 0 4 0 0.000 Vito's [320] 5 2 18 6 0.333 Wig & Pen Pizza Pub [154] 3 0 0.000 [Iowa Cit ]Yacht Club [206] 1 0 7 0 0.000 Zio Johno's Spaghetti House [94] Z'Mariks Noodle House 47 Totals: 115 78 711 391 0.550 Other PAULA at non-business locations: 9 41 '''' PAULA Totals: 87 432 -- *includes outdoor seating area current month year-to-date ~ ^.._. i v- _ r~«t «,~ y.... + ~ ~~ .~` to o°'~ i".a .~}' ' n:xxa ti ~~ In the District Court for Johnson County IP6 Plaintiff's Supplement to Statement of Undisputed Facts in Support of Petition for Writ of Certiorari Robert James Hegeman, Plaintiff ) EQCVO70796 +.., :> The City of Iowa City and the ) City Council of Iowa City, ) ~~~_. .. Defendants ) ~` } _T .. ,7 J ~. . _~ Plaintiff requests that the following two documents bey'=~~ ,.-- ca included in his Statement of Undisputed Facts in Support+of his Petition for Writ of Certiorari: 1. A recently obtained copy of the original protest petition delivered to the city attorney at the March 10 hearing on REZ08-00011. This petition bears the notarized signatures of more than 200 of landowners within 200 feet of the original REZ08-00011. (Original petition bearing clerk's file stamp is in defendant's possession.) Attachments 19. 2. The second protest petition exceeding more than 200 of landowner's surrounding the revised REZ08-00011 submitted promptly after the disputed rejectio of t first protest petition. Attachment 20. r•~~ c Rober J. geman .,. ,y.LL,~ '-' ~;~:;~~ 44 Tucson Place ~- ==_= ~;~ Iowa City, Iowa 52246 r ~~~" ; "'~~ Roberthegeman@mchsi . com ~" ~_ ~ ~~~ 391-338-5818 ~~ ... ~~~,._ ~'°'~~ ~:aa~. 319-530-0553 (cell) '~-'`=r 319-668-2491 (fax) r-- ~.. ~:~ _ .... ?-4- J ;. ~.~~ Original filed Copies served by US Mail on June 24, 2009 to the defendants by US Mail addressed to the Office of the City Clerk of Iowa City, 410 East Washington Street, Iowa City, Iowa 52240 Copy served by US Mail on June 24, 2009 addressed to S&J Development LLC, 2231 East 45th St, Davenport, Iowa 52807 I certify that I have personally deposited a copy of this document in the U.S. Mail addressed to each of the above on June 24th, 2009. r"? y.% ~~ ~~_. 4~a ~.:: ~~ -r-+, ... ~~ .. t..s l,li 2 Robert James Hegeman, Plaintiff ) vs. ) The City of Iowa City and the ) City Council of Iowa City, ) Defendants ) EQCV070796 CERTIFICATE OF SERVICE (PRIVATE) I certify that PLAINTIFF'S Supplement to his Statement of Undisputed Facts in Support of Petition for a Writ of Certiorari was served upon the City of Iowa City and the City Council of Iowa City in the cause of action Hegeman v. The City of Iowa City and the City Council of Iowa City, by depositing the file stamped copies in the US mail postage prepaid on June 24, 2009, addressed to the. City of Iowa City and the City Council of Iowa City, Office of the Clerk of Iowa City, 410 East Washington Street, Iowa City, Iowa 52240. ~~a 9i~ Y... . .,o ~~ 'd~ ~ .. tJ'1 Robert James Hegeman, Plaintiff ) vs. ) The City of Iowa City and the ) City Council of Iowa City, ) Defendants ) EQCV070796 CERTIFICATE OF SERVICE (PRIVATE) I certify that PLAINTIFF'S Supplement to his Statement of Undisputed Facts in Support of Petition for a Writ of Certiorari was served upon S&J DEVELOPMENT, LLP, as a party in interest in the cause of action Hegeman v. The City of Iowa City and the City Council of Iowa City, by depositing the original in the US mail postage prepaid on June 24, 2009, addressed to S&J Development LLC, 2231 East 45th St, Davenport, Iowa 52807. ~ ~~/ '~J . •• s - i C ~....~ ,^ ..~ W~ YSM& d o ' I ~ ~ I .F~ L l . 4~ f ~ .. •1 .. ~r! V ' ~ °~ March 10, 2009 RE: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010/REZ08-00011) TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA The attached notarized signatures were collected from the nearby owners of the noted property above, located within two hundred feet of the exterior boundaries for which a zoning change is proposed. These signatures represent a clear majority of the private, individual owners who oppose the rezoning, based on the plans put forth by the developer (S&J Development LLP) up to this point. We have also attached a summary list of our key reasons for opposing this current rezoning and proposed development plan for you review and information. As citizens of the Southwest District whom are most directly impacted by such a proposed change in the zoning, we have attempted to fully engage in the established process to ensure our input is considered by the developer and the Planning and Community Development department. A number of us have participated in prior planning workshops and provided input to the Southwest District Planning Principles established specifically to provide guidance for this very purpose. We have attended the Planning and Zoning Commission meetings and working sessions for this proposal to ensure we better understand the issues being discussed regarding this proposal. We have met with the resources from the planning department and have stated our specific concerns and general recommendations to all parties involved, in order to share our input i:or consideration for this proposed development. We have also contacted the developer previously indicating our desire and with the hopes to participate directly with them, along with the planning department to help guide the development of this property within our district. In summary, our purpose here is to inform you of our efforts up to this point. We believe that it is in the best interest of all parties to collaborate on this proposal before it comes back to the Planning and Zoning Commission and City Council for final consideration. Sincerely ~'~ /i ,;. ~,,' ca Larry Jewel ;~ ~~~" i rya ~_ ~ ~ ~. q} ~~ •• ~~ V i az ,;: i~'r'~ ~" l~ March 10, 2009 RE: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010/REZ08-00011) TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA The following is a summarization of the key issues and concerns regarding the proposed rezoning and proposed development from the neighbors who have signed the protest petition. These key issues have been raised and documented in greater detail in previous Planning and Zoning meetings, as well as at the formal City Council meeting for this proposal. 1) The proposed density is too high to maintain a rural feel for this property (as called for specifically within the comprehensive plan) and the current infrastructure and public services are not adequate to handle this proposed increase. 2) The existing trees and natural buffer on the south side of Rohret road should be maintained and consideration given to shifting the centerline of Rohret Road to the north as appropriate to prevent damage to these trees. 3) The lack of centralized green space and trails should be addressed to ensure everyone in the newly proposed neighborhood has an opportunity to enjoy the amenities called for within the comprehensive plan, versus the current proposed park space and lack of trails. 4) The transition between the existing larger lot properties in Southwest Estates and south of Rohret Road should consist of larger RSS lots as specifically called for within the comprehensive plan for the SW district. 5) The proposed reduced of the wetland buffer from 100' down to 25' on the east side of the proposed expansion of Lake Shore Drive should not be allowed due to the direct impact on the watershed flow on the adjacent properties. Sincerely, ~i ~M ti.., The Concerned Citizens of the Southwest District ~"~ _ ~= ~1 w~ r_Nt ~~ ~_ ~. ~~ Q .~~ _~ . ~c .. ~~~ _R, 6'. F'.:C91 uy':~ tl:.a ~~ '°„ti: ~, ~ - i PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~~ i ~ l.P Owner(s) of Property Address ..3 y~ ~;. ~~ STATE OF IOWA ) r~`' ss: ~J. r~ ;; ~- JOHNSON COUNTY) ~ -"' ,ti: On this .~-~ "~~ day of 7' - ~~~- ~• ~ ; , 20 ~`% ,before me, the under~gned, a Notary Public in and for said Cou :' y and State, personally appeared ;'.~ `,~ and ~" to ~n known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. TYLER VRIEZE NOTARIAL SEAL -STATE OE IOWA ,~ /, COMMISSION NUMBER 74337 , ^ , ~., `~ ~..: , ~ ~~ ,` . MY CtaMMl5310N EXPIRES 1C / `'` ` Not ublic in for the State of Iowa Orig: Subd Folder Cc: CA a ~ x.mxa~ ~~ tt'1 PCD Council Media File ~S ~~ PROTEST OF REZONING CITYOFIOWi! CITY T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. Owner(s) of STATE OF IOWA ) ss: JOHNSON COUNTY) Property Address . ~A. fw ==; ', ;; v, . • r,,; °~' ~~ .. ~. '~ Ln On this ~ day of ~ ~ , 20~, before me, the undersigned, a Nofa Publ~~nd for sa' County and State, personally appeared ~.v , and ""' to me , own to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ~'"i `, / I ~j~ Notary Pu in and for the State of Iowa Orig: Subd Folder Cc: CA c MARGARET A.O'CONNELL PCD ~ Commtsslon Number 7175~W Council MyCommisalonExpires ow July 19, 2011 Media File PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA ~~ f ~.~ CITY OF IOWA CITY We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~~~" ~zo~,-,~ ~ ~~G~ wner(s) of - Property Address STATE OF IOWA ) ~° - _,~: r_. JOHNSON COUNTY) .~' i`+ ~ r^ -r: On this day of , 20~, before me, the undersa:~~~d, a Notary Public in and for said Coun and State, erso ally appeared ~ h/~/~ ~ and to me known to e the identical persona that then executed the same asetheihvoluntary foregoing instrument and acknowledge y act and deed. o~~ JAYNE CRANDELI. SANDLER Commisson Number 714644 My Commission Expires ow ~~,~ry~.~~~ N Public in and for the State o Iowa Orig: Subd Folder Cc: CA PCD Council Media File -- ~- .-~ 0 Va., H -~ -'m f ~~,~ /' 1~ I ' ~I '~ PROTEST OF REZONING CITYDFIOW~9 CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Owner(s) of Property Address _ _., STATE OF IOWA ) ~~ ~"-' ss: JOHNSON COUNTY) ^~ ~~ "" r.,~ ~~ _~_. On this ~_ day of , 20~, before me, the unders~g~ed,~,> a Notar Public in and for said ou and State, personally appeared C~ ~' _ and --" ~-° to me kn wn to be the identical persons named in and who executed the within and v, foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ot9~~ JAYNI: ~RANDELL SANDLER Commissbn Number 714644 MY Commission Expires ow .... __J?,nuary22,zo» o ry Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File ~i>~ ~_„1"7 A.:"~ PROTEST OF REZONING T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA ~ ~~ (/ CITY OF IOWA CITY We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and ackn~weedgCe bb ethe favorable vot lof ttleasththree-fourths rezoning shall not become effe p Y of all the members of the council, all in accordance with 414.5 of the Code of Iowa. Owner(s) of Property Address ~~? c;. STATE OF IOWA ) ,,;; ss: _:~ u, JOHNSON COUNTY) ~~` ~e~ ~~ed, == On this ~_ day of , 20~, before me, the under =..A.,, Not y bli 'n an or said Coun and State, erso all a pear d L,., and to me kno be the identical persons namehen ane ut d the same asetheir voluntary foregoing instrument and acknowledged that t y act and deed. ~ , ~s"'"~ JAYNE CRANDELL SANDLER t i '~ CommissanNumber7?4fi44 public in and for the State of Iowa ~y commission Expires s iow January 22, 20?? Orig: Subd Folder - ~- -- Cc: CA PCD Council Media File v, 1 r ~I :::: ~ -~..,~. CITY OF IOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of plo at d within two hundred feet of the exterior change, or the owners of property which >, boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Threl O /E~Z08-0001 Road/Phoenix Drive (SUB08 000 This petition is signed and acknowledged by each oa orable vot lof attleasthhree-fourths rezoning shall not become effective except by the f of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: 7 ~o ~ Property Address Owner(s) of G :~. STATE OF IOWA ) R~ ~ r:~~ ss: ,: JOHNSON C`O',UNTY) ~`~ of , 20~, before me, the uncl"eY~~gne~. On this _~ day ersonall a eared ~? ~- .~_, ,~ a Notar Public in and for said Coun and State, p ~ ~: .. and me kno to be the identical persons named in and who exe suame asetheir voluntary to foregoing instrument and acknowledged that they executed t act and deed. Urig: Subd Fo Cc: CA PCD Council Media File ,~"~~ JAYNE CRANDEiL SANDLER 1 o Commissan Number 714644 My Commission Expires W January 222011 r Ider ---~---'~' ~<~° r 1~ -~.:,e.~ PROTEST OF REZONING CITY OFI06Vi1 CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: _ l~iz Cam. s~ Owner(s) of Property Address _ .> C) [a ~.. k.,,1 ...~~ ~N Y STATE OF IOWA ) Y''~ -°' ,~ ,° ss: ~. v, i~ ~ ~V, JOHNSON COUNTY) l~ 20 ~, ,before me, the unde>~igned,.; On this _~ day of ~ ~ ~ ;,~, a Not ry Public in and for said Coun y and State, rsoX~ally a pe ed ~., ~ L~~~ G~C~ p~ and bl~irx~ to me known to be the identical persons named in d who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. o~~~ JAYNE GRANDEE!. SANDLER Commission Number 114644 My Commission Expires Orig: Subd Fold .row danuary22,201t Cc: CA PCD Council Media File N ar Public in and for the State of Iowa ~~ PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: /~~~ ~ _ /Lcc~ Owner(s) of Property Address ,..: , _ :: STATE OF IOWA ) ~~:~~~ ~'~: ~} ss: ~. JOHNSON COUNTY) ~;~: da of , 20~, before me, the under~~ned,,,,. On this Y ~; ~~ - a otary P b11c m for said ou and State, personally appeared ,C. ,,, . ' and .~ to me known to be the identical persons named in and who executed the wrthm and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ,~'''~~ JAYNE CRANDELL SANDLER t y Pub is in and for the State of Iowa Ori Subd Folde ~ CommissbnNumber714644 g: My Comm~ssfan E~irea Cc: CA ow January12,2011 PCD Council Media File ':,~. i" i~ 1: i~ PROTEST OF REZONING CITY OF IOWA CITY T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. Property Address ~.~. ..k STATE OF IOWA )" ~~;:. '~ ss: : ~= .~ JOHNSON COUNTY) °: ~ }<m _~ da of ~~ 20~ before me, the under's~ ned, ~ ,4~, On this Y C~ ~e ~- a otary Public in and for said Coun and State, perso lly appeared ~ , i~ and to me known to be he identical persons named in and who executed the within and ~` foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. F .,.,,,.,~~ti,....~~......~-.....~.... - Orig: Subd Fo Av Commission Expires Cc: CA ow .an~~ary 22, 2011 PCD Council Media File Owner(s) of -~ PROTEST OF REZONING CITYOFIOW.f CITY T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. Rv• 3 305 i.d~~~~ ~w Property Address ~~ ~.. STATE OF IOWA ) ,-~, ss: -; JOHNSON COUNTY) = `~ -„ ~: On this _~ day of , 20~, before me, the undersd, a Notary P bli in an or said Co ty and State, personally appeared and J to me known to e the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. , Orig: Subd Folder Cc: CA PCD Council Media File (NECRANDELLSANDLER T~~ v -w•ila4,~~i ,[~""~' Commission Number 714644 ~' t y Public in and for the State iay Commission Expires January 22, 2011 ~~ ,~ ~~ ;,~ F9® i :::: , ~ ~ ~~ PROTEST OF REZONING CITYOFIOW.1 CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUBOS-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. ~ ~za~~ Byl~~~ Owner(s) of a R Tv~.S~ PL Property Address ,~, fit ~v STATE OF IOWA ) =~ °' ~ `' ) SS. , , Y,_,. ~ JOHNSON COUNTY) ' `~ ~' 20 ,before me, the unde'igned~ On this ~Q~' day of ~ ~ a N tary Pub 'c in d for said Coun y and State, personally appeared and to me kn wn to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. J o y Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File • Y u, i~ )5 -~,,.,,, PROTEST OF REZONING CITY OF IOWr! CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. 3.~ ~~~~'/2 R1~ Sra Property Address ~ .3 ~.... STATE OF IOWA ) `-~ '' ss: JOHNSON COUNTY) ~ ;..,, ~/jr fw , 20 ,before me, the under-~ighed,`~ On this ~~ day of II Y/l ~~ ~„ •a; a otar Pubh~ m an for said County and Santdate, ersonal y a pear ~ ¢~ to me kno n be the identical persons named in and who execut d the within anti" ''~ foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. JAYNE CRANDELL SANDLER o'~ ~ Commissbn Number 714644 Any January 22, 2~res Orig: Subd Fol ~ ~ Cc: CA PCD Council Media File iT`l ,:. PROTEST OF REZONING CITY OF IOWA CITY T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~ ~'~~ Owner(s) of STATE OF IOWA 3 3 s~ ~f~~~ ~~ s~ Property Address (owN~ pF wCsf ~crl~s) . ~~~ JOHNSON C1 O~UNTY) ~ "~^~.~ On this __~) ~ day of ~~'~~ , 20 ,before me, the unde~sned a otary Publ' in an for said County and State, p ona y a ared a and to me known to be the identical persons named in and who executed the within and ~ foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. _ , , Orig: Subd Folder Cc: CA PCD Council Media File „i"1 i~~ "_~;~ 7 PROTEST OF REZONING T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA / ~ CITY OF IOWA CITY We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective excaccordanceawith 4114 Stof the Code of Iowaurths of all the members of the council, all m By: /~~-a,Y ~l C-5~ ~ vii. 3 3~ 7 ~~~f ~-'~ Sw Owner of Property Address .,~ ~'~ STATE OF IOWA ) - ` ss: JOHNSON COUNTY) ~ ~~ ..... On this ~ day of , 20~, before me, the undeirsi~i~ed, ersonall a eared ~.~ .~~ -- a N tart' Public i~ d f r sa County andaridate, p Y PP •• '' ~~ to me wn to be the identical persons named in and wh d the same asetheih oluntary foregoing instrument and acknowledged that they execute act and deed. _ JAYNE L"r;P,NDELL SANDLER o ~ ~ Commission Number 114644 My commissionExPires o ~ public in and fort e State of Iowa January 22,1011 y ow Orig: Subd Folder Cc: CA PCD Council Media File ~.~~ .~~. •~~ F ~~ May 4, 2009 -- ~ ~_- ,., <"~ RE: Country Club Estates - SUB08-00010/REZ08-00011 ~. ~_. -~ ` S~ TO: HONORABLE MAYOR AND CITY COUNCIL - ~ .~ - IOWA CITY, IOWA ._ ' o~, At the public hearing on March 10, 2009, I presented a petition signed by more t~an`20°fo~? of the surrounding property owner's against the above rezoning proposal, which should have forced asupra-majority vote. On the last day of the public hearing, the rezoning proposal was changed. The city then recalculated the area and concluded that our protest petition now only included 17.1% of the surrounding landowners. We protest this recalculation by the city. We were given notice of one rezoning proposal only to have it changed at the last minute, depriving the surrounding landowners of their rights conferred by Iowa Code 414.5. For purposes of the pending proposal before the Council, the city must use the original proposal as the basis for calculating what constitutes 20% of the surrounding landowners. Any other conclusion would make a sham out of the notice requirements of Iowa Code 414.4 (below) and 362.3. Our position is supported by Iowa Code 414.5, which requires separate notice and hearing requirements for all changes and amendments that come up in the rezoning process: "The provisions of section 414.4 relative to public hearings and official notice apply equally to all changes or amendments. " The current process has been a continuation of the original rezoning petition. There has been neither a separate notice nor a separate public hearing regarding the amended proposal. For the current matter before the council, the city must accept our original protest petition and retroactively enforce our rights to asupra-majority vote. If the city chooses to discontinue the current process and comply with 414.4 anc~j414.5 giving new notice and scheduling a new public hearing on the amended rezonin~* t ._.. ,~ proposal, then we hereby submit the enclosed petition that will also require a sulara4 .~ majority vote in that eventuality. ",y"~ `°''~ ~~~ _ ,~~ Sincerely, ,;> ~~ ~. ~, ~ l Ft._ V V ~ Larry Jewe ~ "The council of the city shall provide for the manner in which the regulations and restrictions and the boundaries of the districts shall be determined, established, and enforced, and froth time to time amended, supplemented, or changed. However, the regulation, restriction, or boundary shall not become effective until after a public hearing at which patties in interest and citizens shall have an opportunity to be heard. The notice o the time and lace o the hearin shall be ublished as rovided in section 362.3 exc~t that at least seven days notice must be Qiven and in no case shall the public heartnQ be held earlier than the next reQUlatly scheduled caty council meetanQ followin the~ublished notice. " Iowa Code 414.4 ~ ~o CITY OFIOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Owner(s) of 5~ ~ 7u~s~n Property Address ~> ~.~, ;~ _ STATE OF IOWA ) ss: - - JOHNSON COUNTY) _ ,~.. r,_ On this _~~ day of 20~ before me, the uridd£sign~, ' c~ ~~,~ a No r Public ' a d r sai County and State, personally appeared ~ ~- .. ~/ and ~ ;.~'.~ to me know to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. o,~''~ ~ JAYNE CRANDELL SANDLER Commission Number 714644 a Public in and for the State of Iowa My Commission Expires Orig: Subd Folder January 22,2ott Cc: CA PCD Council Media File u~ .l~ G~~ kvq~y a i R % ~ '~~ -~,a..._. _ - - CITY OF IOYVA CITY PROTEST OF REZONING "I'O: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effectivell in apcordanceawith 4114 5 of thetCode of Iowaurths of all the members of the council, a By: d ~T er(s) of Property Address s..> > STATE OF IOWA ) - ,~ JOHNSON COUNTY) ..~_-~ ~ '•'' =. ~t 20c?`• before me, the L~sig~d, "~'° On this ~ day of '.~~ ~~i'" ~ -l-~ .~- ~~ .. a Notary Public in and for said ounty and State, personally appeared ,w~, and ~` ~ / ~ ; ~ •v to Iie 'nown to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ~-~-, N ~- i ~~ ,E!^ 1ZC~2 Notary% ublic in an or the State of Iowa .. Orig: Subd Folder ~-..~...,w TYLER VRIEZE Cc: CA NOTARIAL SEAL • STATE OF IOWA PCD CounCll COMMISSION NUMBER 7 70 _ Media File MY COMMISSION EXPIRES ~ ~ ' CITY OF lOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of pro a ed w thin two hundred feetdof the exterior change, or the owners of property which > s loc g g p p y rotest the boundaries of the property for which the zonin chan e is ro osed, do hereb p rezoning of the following property: Country Club Estates, Part Three -/ REZ08--0001 Road/Phoenix Drive (SUB08-00010 This petition is signed and acknowledged by e the favorable votelof attleast three-fourths rezoning shall not become effective except by of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~~ Owner(s) f STATE OF IOWA ) ss: Property Address .~ JOHNSON COUNTY) On this ~ day of , 20~., before me, the unc~er~signl~l, a N tar Public ' d or s id County and State, personally appeared -~- `' ~ ~ re and ~ to me kno n to be the identical persons named in and who executed the withi>x~and +:,,,~ foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Orig: Subd Folder Cc: CA PCD Council Media File fat ~ JAYNc CRFiPJDGLL SANOLER a Commission Number 714644 ~y ~ ~ry ~ z~~~"~g ar Public in and for the State of Iowa w '-1 ~ ~ - ~~ CITY OF IOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located withi s fro osed, do hereby protest the boundaries of the property for which the zoning Chang p p rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each favo ble vote of at least lthree-fourths rezoning shall not become effective except by the of all the members of the council, all in accordance with 414.5 of the Code of Iowa. ~.. Owner(s) of Property Address STATE OF IOWA ) ~.. -> S" __.: w,~~, 4 ss: ~~.~ JOHNSON COUNTY) ;.-' `~ rE°~ On this ~~ day of , 20~, before me, the under~gnec~- a Pu is i for sa d County and State, personally appeared ~~ `` ; , ~ and ~p `' tom known to be the identical persons named en aneeut d the same asetheir voluntary foregoing instrument and acknowledged that th y act and deed. ^ ~ „ , , Orig: Subd Folder Cc: CA PCD Council Media File / ~~ '. -ys...__ _ _ . . CITY OF IOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owne ich i plo at d w thin two hundred feet of the exterior change, or the owners of property wh boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Th O l 0 / REZ08- 001 Road/Phoenix Drive (SUB08 00 This petition is signed and acknowledged by eace favorable votelof attleast three-fourths rezoning shall not become effective except by th of all the members of the council, all in accordance with 414.5 of the Code of Iowa. Owner(s) of Property A dress .~~ ~~ ~..,, -- STATE OF IOWA ) _` ~' JOHNSON COUNTY) ' ~`; ~~ :::~,.. ~~`~ 20~, before me, the un ~ ~'signe$, On this ~---day of ,~ a otar Pu ~c i and for aid County and State, pe son ly ape ed ~.s and t e known to be e identical persons named in and who executed he within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Orig: Subd Folder Cc: CA PCD Council Media File ,~'~ JAYNE CRANDELL SANDIER o ~ GcromissionNumber714644 4~q Commisswn Expires Januaryn,2011 o ry Public in and for the State o owa ~~I ~,~~~ / \2a ~/ :::: 1 CITY OF IOWrf CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of properly included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except b dtanceaw~th 4114.Stof thetCode of Ic wau~s of all the members of the council, all a.n acco 1:3y: L-~~ ~ ~ .~--- Owner(s) of STATE OF IOWA ) ss: ' ~' '~ ~ r ~' .~- Property Address ,, z~; -:~s 10HNSON COUNTY} ~,~ r.,. On this ~ day of , 20~, before me, the u;;ad;e'signed, _~~~ ~ ~ ~. a N Public in d f r s ' County and State, e sonally ppeared ~ N:,~ =~ and `' -..:~ to me known to be the identical persons named in nd who executed the withirrand foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ,~ +AY,,<;= G2AwGELL SANDLER o Public in and for the State of Iowa ~, ~ CcmmissionNumber714644 Orig: Subd Fol ~y january22n20~ires Cc: CA PCD Council Media File ~:,i..~ ~~ F_ ~'~ `L \ ~iJ .. I CITY OFIOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zonng change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SI1B08-00010 / REZ08-00011) This petition is signed and acknowledged bb ethe favorable~vot of ttleasththree-fourths rezoning shall not become effective ex p y of all the members of the council, all in accordance with 414.5 of the Code of Iowa. I3y: Owner(s) of Property Address r ,-.:sa STATE Ol: IOWA ) _ .- ) ss: : , ~~s ,,~:,~ JOHNSON COUNTY) -~` `'r~~'+ I -,1 '4 l 5 ~ ~'~]i: On this _ ~~~ day of ~Ui , 20~, before me, the unde~i~ned~ a N tart' Public in and fors 'd County and State, personally appeared ~, ,w~ and to me known to be th identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ' ,~AY~ CRH~DEL~ $ANDLER o Commission Number 714644 ~y Commission Expires Public in and for the State of Iowa danoary 22, z011 Orig: Subd Folde `~~ Cc: CA PCD Council Media Pile / ~~ I/ ~ ~ _ CITY OF IOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at Least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: . ; ~ ~ ~,. -~~.ti Owner(s) of Property Address :i STATE OF IOWA ) `- ss: .~>~ ~' ~ ~ JOHNSON COUNTY) ~,~ On this ~ day of _, 20~, before me, the u~cisigr~d, ,,;a a~lotary P~bj'c ' and for sa d County and State, personally appeared ~- ~~ and "' :,r; .~11U1A1n [ ~t~ 4 to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ,JWk ~ Jh`+NE CRAiv~;~~t. ~ANOLER o Commis:anNumber714644 Public in and for the State of Iowa ANy Commisswn moires Orig: Subd Folder ~ JAnuary22,2011 Cc: CA PCD Council Media File PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) 't'his petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in acco ce with 414.5 of the Code of Iowa. ~~ By: ~~ ~~ S~ ~ Owner(s) of !~" :. .~0 CITY OF IOWA CITY 33 S7 Property Address STATE OF IOWA ) t`r ~~ ss: ~ .,. JOHNSON COUNTY) ""`'' ~`~ ~r> >~~ On this ~_ day of , 20 U`f ,before me, the unders~_ned. a Notary Pu is i nd f r s d County and State, personally appeared ~ and -- to me own to be the identical persons named in and who executed the within and °° foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. o~~ JAYNE CRNNDEII SANDLER Commission Number 714644 ~4v Commission Expires o ry Public in and fort e State of Iowa par January 22:2011 Orig: Subd Folder ' ~" ~"""' Cc: CA PCD Council Media File C_ " t d / + ~~ "'~a4...__.__ _ CITY OF IOYVA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Ow r(s) of 3357 ,Qar+~~ /L~ S~,/ Property Address STATE OF IOWA ) ~ - ..! i ss: . ;r.= JOHNSON COUNTY) ~, ,~_ ,.. On this ~~ day of , 20 ~ ,before me, the undersigned, a Notary Pu is in and for sai County and State, erso ally,ap~ ed ~~ ~ ~~ and ~~~~ to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ~C, JAYNr Ckr+ivLELI SANDLER ~ o"~ ~ Commission Number 714644 • ^4y Commission Expires to Public in and for the State o owa • OW .~r.~nu~rY 2'1, 2011 Orig: Subd Folder °'- ~ ~~ Cc: CA PCD Council Media File ~.,, L %'F ~~ ~.~r v - •,2-t7 r- .i:n..._.. _ PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Owner(s) o Property Address STATE OF IOWA ) ~_ _, ss: ~~ JOHNSON COUNTY) On this ~ day of , 20~, before me, the undersign~.~, ~.~-~ a No ry Public, in and for aid County and State, personally appeared :.; ~~-~ and _"= -- ; z ~' to me own to be the identical persons named in and who executed the with>titid foregoing instrument and acknowledged that they executed the same as their v~untary j act and deed. Orig: Subd }=older Cc: CA PCD Council Media File '; .~ i~ -~: .w o~`'"~~ JA~fv: ~~;i;~_~~LiSANDLER Commission Number 714644 N r Public in and for the State of Iowa ' a1y Commission Expires ow January 22, 2011 as r - PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ0.8-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the member$ of the council, all in accordance with 414.5 of the Code of Iowa. By: ,, _ Ow er(s) of Property Address STATE OF IOWA ) % ss: a JOHNSON COUNTY) - ~ ,~ s On this ~_ day of ~ , 20~, before me, thtlyder§i`gned ,~~~ a Notary Public in and for sai County and State, personally appeared -. ~! ~`~= ~ and %~ to e known to be the identical persons named in and who executed the w' in and foregoing instrument and acknowledged that they executed the same as their volun~ry act and deed. ~~c~14 ~ ,~ ,~;cs-Gl~f~ Notary Public in and for the State of Iowa Orig: Subd Folder _ Cc: CA „~ ~ ~j 1~k~R PCD o`~ +~ COMM18sION NUMBER ~dB237 COUIICI~ : ~ MY COMMISSION EXPIRES Media File p,M FEBRUARY 11, 2009 PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA ll :: :: 1~~ CITY OF fOWACITY We, the undersigned, being the owners of prop t ~ within wlo hundr d feet of the exterior change, or the owners of property which is loca boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each oa or b ~vot lof attleasththree-fourths rezoning shall not become effective except by the f of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~3 7S Cv ~--~,~-., ~ ~ ~ Property Address Owner(s) of -:; ~';; rr. _ STATE OF IOWA ) ~ ',, ss: ~~_; ~~ v, .^`` r 'rte. JOHNSON COUNTY) _ ~, „~, On this ~. ~ day of , 20~, before me, the undsitgnecl and State, personally appeared ~~' a No Public~n and for ai Count}' and to me known to be the identical persons named in and who execute e ase~eir voluntary foregoing instrument and acknowledged that they executed the s act and deed. 1 JAl'i~~:~;;i~r~o~~;.r~~~SANDLER N Public in and for the State of Iowa Crnumissbn Nmnber 714644 ~ Orig: Subd Folde ,aay Canmissbn Jaruary 22, 2011 Cc: CA --~--~--- PCD Council Media File '~`l l1 N~ ~~ W.:.~. PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA "~----- CITYOFfOWA CITY We, the undersigned, being the owners of property included in the proposed zoning than e, or the owners of property which is located within two hundred feet of the exterior g rotest the boundaries of the property for which the zoning change is proposed, do hereby p rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each favorablelvotelof t leasththree-fourths rezoning shall not become effective except by the of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~~ ~ ~~~~ ° O er(s) of Property Address _~ :~ ; a' ~ ~_, d ... i~~ STATE OF IOWA ) ~ ss: . ; JOHNSON COUNTY) ~ p'~ "' r ,~-. On this ~ day of l , 20~, before me, the une'signe~ eazed `~' a Lary Pu 1' in for sai County and State, personally app and -'' to me known to be the identical persons named in anecuted the same asetheihvoluntary foregoing instrument and acknowledged that they act and deed. G~;mmi~m ss ~~ o Public in and for the State cif Iowa ~ Jan+~ary 22, 2011 Orig: Subd Folde Cc: CA PCD Council Media File a ~~~~ i a R"~-' ^'A / ~~ ~.,e.."_----- CITYOFIOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning chan e, or the owners of property which is located within two o~dr do herebytprotest the g for which the zoning change is prop , boundaries of the property rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each favo b elvot lof t leasththree-fourths rezoning shall not become effective except by the of all the members of the council, all in accordance with 414.5 of the Code of Iowa. li;s G~~ S~e~--. Property Address _ , ~:: STATE OF IOWA ) ~ ~' ss: ~ ~~ JOHNSOT7 COUNTY) =~"~ ~; ~ ...,. da of , 20~., before me, the undet~ied, On this ~_ Y ersonall a eared Publi m and for sai County and State, p Y PP ~ ~~ a Notary ~ and to me known to be the identical persons named in anecuted the same asetheihvoluntary foregoing instrument and acknowledged that they act and deed. J / e ,~ JAYI~.:. ~riH~~l~ +~;.~ $ANDLER c~ ~ ~~ g~ ~~ ~ o Public in and for the State of Iowa ~wnuary 22,..-.- ~~ f°~ Orig: Subd Fold ~-~~ Cc: CA PCD Council Media File ~,i~I ~A ~::_ ::~ 1~~ ~.__._ CITY OF IOWd CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of prop t d wicthuin tdvvo hundr d feet of t e exterior change, or the owners of property which is loca boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by eace favo b e vot of attleasththree-fourths rezoning shall not become effective except by th of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: /e `~~c,vl Owner(s) of 1155 ~-a-'~' short ~~____ Property Address STATE OF IOWA ) ss: , a~ JOHNSON COUNTY) '-~'~ 20 ,before me, the u.tadsigrd, On this day of ~ ~ ;;~; a o Publi in and fors 'd County and Sanate erso 1 ap eared ~~ ".'; to me known to be the identical persons named in anecuted the sametasetheir voluntary foregoing instrument and acknowledged that they act and deed. :~f u~is~~n Number 714644 >,~~,C~~res o Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File x~ a:.~ ~.,~ 4 $ d ;;~-~~, /~~ ~ ~ ~~ CITY OFIOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of plopated w'thin two hundred feetdof the exterior change, or the owners of property which is boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part T 0010 / REZ08--0001 Road/phoenix Drive (SUB08 0 This petition is signed and acknowledged by eahe favorable votelof attleast three-fourths rezoning shall not become effective except by t of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~i-,.~.. nwl ~rt ~~ + Ak~~/l~+ c /-'~~( 'you 61'aa I ~Ti..IJO)~J Owner(s) of Property Address ;:.; `~'`' STATE OF IOWA ) ~~ JOHNSON COUNTY) ~ ,4 (~, , ~ 20~, before me, the and ,gnec~- h On this ~ .day of ersonall a eared Notar Public ' and for said ounty and State, p Y pp ~ ;.~~ and `'^ ~ to me known to bet identical persons named en exdc ted the samde as theihvc~luntary foregoing instrument and acknowledged that th y act and deed. _ a , , ,~ JAYNECRpNDELISAtJ a public in and for the State of Iowa o '~ Commission NumberTl My Commission F.~Ires Orig: Subd Folder ~ w lanuery22,2011 Cc: CA PCD Council Media File MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT JUNE 10, 2009 - 5:00 PM EMMA J. HARVAT HALL Members Present: Ned Wood, Terry Hora, Caroline Sheerin, Barbara Eckstein Members Excused: Edgar Thornton Staff Present: Sarah Walz, Sarah Greenwood Hektoen Others Present: Roger Lusala, Sue Schmucker, Diane Funk RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order by Chairperson Ned Wood at 5:08 p.m. IP7 An opening statement was read by the Chair outlining the role and purpose of the Board and the procedures governing the proceedings. ROLL CALL: Eckstein, Sheerin, Wood, and Hora were present. CONSIDERATION OF THE MINUTES FOR MAYI3TH 2009: Eckstein and Wood offered corrections to the May 13`h minutes. Hora moved to approve the minutes as amended. Eckstein seconded. The motion carried 4-0 (Thornton excused). SPECIAL EXCEPTIONS: EXC09-00003: An application submitted by the Mayor's Youth Empowerment Program for a special exception to establish a General Community Service Use in the Intensive Commercial (CI-1) zone for property located at 1200 S. Gilbert Court. Iowa City Board of Adjustment June 10, 2009 Page 2 Walz noted an error in the Staff report that incorrectly identified properties neighboring the applicant's property as being residential. She said that the property in question is surrounded by other commercial uses. Walz explained that the subject property is on the corner of Gilbert Court and Highland Court. The Mayor's Youth Empowerment Program (MYEP) is applying for a general community service use, a use typically applied for by non-profit or charitable organizations that assist people in the community. The CI-1 zone is an intensive commercial zone, which typically means there are uses there that do not generally require the high traffic and visibility of aretail-oriented community commercial zone. Uses in the CI-1 category are of the variety that often require some kind of outdoor storage or display, or large equipment use. In this particular CI-1 zone, there are a number of automotive repair businesses, as well as other service shops and warehouse/storage facilities. Walz explained that the MYEP works with at-risk youth, and with adults with disabilities. They are requesting the use of the former LaCasa building. Walz referred the Board to the staff report for detailed information on the services provided by the MYEP, the staffing needs of the agency, and for details on how clients were transported to and from the site. Walz said that for the most part the clients are transported to the site by bus or van. The primary traffic generated by the site will be employee traffic. Walz said that the current parking area has anon-conforming design and lacks sidewalk. The site plan shows that the agency can bring the parking lot into conformance by providing the required screening, providing terminuses at the ends of the parking rows, and by narrowing the parking lot entrances to City standards, and by providing a sidewalk. These changes, Walz said, would make it a safer site for the use. The specific criteria for the general community service use in the CI-I zone are that the use will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily intended. Walz advised board members that their task was to look at the size and scale of the development, the projected traffic generation, and whether adequate transit and pedestrian facilities are provided in the area. Staff believes that the proposed use will not alter the overall character of the area. In this particular neighborhood, there are a number of other community service uses, as well as The Crowded Closet, a consignment store. Staff believes that the proposed use fits into the neighborhood because most of the clients coming to the site are transported by bus or van; their activities are primarily indoors; the hours of operation are typical business hours; and the proposed site plan shows that the parking area can be brought into conformance with code requirements. The general standards require that the health, safety, comfort and general welfare of the public are not endangered. Walz said that the proposed changes ensure this, especially the changes to the parking lot. Iowa City Board of Adjustment June 10, 2009 Page 3 The second standard requires that the use is not injurious to the enjoyment of other property in the immediate vicinity. Walz explained that one of the programs for the MYEP involves job training and community service work. Walz said that this neighborhood has a number of opportunities for the kids to fulfill those obligations. Walz said that she would not go through all of the other general standards. She said that the main issue is obviously the parking area, and the need to bring it into conformance. The MYEP intends to develop the entire building over time. Their plan is to move into the lower level of the building initially. This will require some office sharing by their staff. As they find access to more funding, they will finish off the second floor so that some staff can move upstairs into separate offices. Walz said that at this point, the parking area provides adequate parking for the staff and for the buses and vans used to transport clients. Staff recommends that the application for a special exception to allow the general community service use in the CI-1 zone at 1200 S. Gilbert Court be approved subject to general compliance with the site plan submitted, including compliance with the off-street parking standards and the installation of sidewalks along the Highland Court and Gilbert Court rights of way. Wood invited the Board to ask questions of Staff. Eckstein said that she had a question about what percentage of the MYEP activities took place outdoors and where such activities would take place on-site. Walz said that in her conversations with the applicant she was told that the only "outdoor activity" involved getting the clients on and off of the bus or van. If there was a situation where the children planned on volunteering in their neighborhood, then getting the kids to and from the site would be the "outdoor activity." There is nothing along the lines of "outdoor play" considered. Hora asked where the property line by the sidewalk ended, as it looked like people would be better off walking in the parking lot as it is now, than walking narrow sidewalks close to the street. Walz replied that the parking lot will need to be stepped back about 10 feet, as it currently ends at the property line. Hora asked if this meant the applicant was being required to put the sidewalk on their own property and not on the City's right-of--way. Walz said this was incorrect; the sidewalk will be on the City's right of way, but the parking lot will be stepped back. Hora said his concern is not the parking lot. His concern is the traffic on Highland Court and Gilbert Court and its proximity to the sidewalk. Walz explained that there is an established sidewalk along Gilbert Court now, but that it just needs to be more clearly defined as separate from the parking lot. Anew sidewalk will be established on the Highland Court side, and that sidewalk will only be a few feet from the street. Walz said she believed this was the case for the existing sidewalks on Gilbert Court as well as Iowa City Board of Adjustment June 10, 2009 Page 4 Highland. Hora said he was unaware there were sidewalks there already. Walz said that there are sidewalks along Highland but that gaps exist. Hora said his primary question is whether or not Staff feels there is a safety issue with the proximity of the sidewalk and the street. Walz said that she felt what made the situation safe was that the street is not a high speed area and is not highly trafficked. Eckstein noted that the staff report described the current land use as "vacant." She said that prior to realizing exactly where the site was, she had thought this meant a vacant lot. Walz said that it meant there was not an established use on the property. There were no further questions for Staff, and Wood invited the applicant to speak. Roger Lusala, 3311 Wintergreen Drive, spoke on behalf of the MYEP. Wood disclosed that Lusala is the soccer coach of Wood's daughter. He stated that this would not affect his objectivity in the matter. Lusala offered to answer any questions from the Board. Sheerin said that the report states that "most clients" will be brought to the site by bus. She asked if there would be other clients arriving by car, and, if so, how many Lusala anticipated. Lusala replied that for their after-school program, the MYEP picks up all of the children by bus. For the day program, Lusala said, most of the individuals come via city transit, with only one or two clients dropped off by car. Lusala said that even then, the drop off is usually just one or two times a week, with MYEP doing the transportation the rest of the week. Hora asked if the families picked up the clients in the after-school program, or if MYEP transported them back home. Lusala said that for the after-school program, some are transported and some are picked up. For the day-program, most clients are transported by the SEATS bus. Sue Schmucker, 2957 Washington Street, said that she owns property at 1202 Highland Court. Her property is directly behind the proposed site. She said she has no objection to the application, but that she did wish to know if there were any Saturday or evening programs at the facility. Lusala said that there are no regular evening or Saturday programs. He said once a quarter there may be some sort of activity. Schmucker asked if MYEP clients are disabled youth or juvenile delinquents. Lusala said that the majority of clients at that site will be youth and adults with disabilities. Lusala said that the at-risk programs have the kids working at businesses in the community, and are not concentrated in their building. Schmucker said that the area is not frequently patrolled by police and that there have been windows broken in the past. She said she just wanted to make sure there were not going to be a bunch of kids running around the neighborhood after hours. Lusala said that there would not be. He said that their operation is from 8 AM to 5 PM, and that clients have staff with them at all times. The at-risk clients do not really use the building, as they are connected with local businesses and MYEP just does the programming. Iowa City Board of Adjustment June 10, 2009 Page 5 Wood invited others to speak to the application. No one wished to speak and the public hearing was closed. Sheerin asked Hora if he felt his question had been satisfactorily answered and he replied that it had. Sheerin moved to recommend that application EXC09-00004 be granted a special exception to allow the location of a general community service use in the Intensive Commercial (CI-1) zone for property located at 1200 S. Gilbert Court, subject to general compliance with the site plan submitted, including compliance with the off-street parking standards and installation of sidewalks along the Highland Court and Gilbert Court rights of way. Greenwood Hektoen noted that Sheerin had said EXCO9-00004 rather than EXC09-00003. Sheerin said that the staff report has the application ending in "4". Walz said that it should have been EXC09-00003. Sheerin amended her motion to apply to EXC09-00003. Hora seconded. Hora asked if the motion covered the staff recommendations for sidewalks and the parking lots. Walz explained that the parking issue is a requirement and the sidewalk access is a recommendation. Hora asked if the motion covered all of the egress, entrances and exits, and screening. Walz said that it did. Eckstein said that the proposed use of the site by MYEP is consistent with the neighborhood, which is commercial but with little daily retail traffic, and is a neighborhood with similar programs in the vicinity. Sheerin said that the proposed use will not increase the amount of traffic in the area, because most of the clients will be traveling to the site by bus. Sheerin stated that the proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare because the applicant is going to redesign the parking area and the submitted site plan shows pedestrian routes from the sidewalk to the entrance as required by the code. The drive entrances on Gilbert and Highland Courts are both shown as being reduced to 22 feet and parking terminuses are shown at both ends of each row. The curb cut for this parking area will be closed off and paving will be removed as required by the code. The applicant will construct afour-foot sidewalk along Highland Court and clearly define the existing sidewalk along Gilbert Court. Sheerin stated that the exception will not be injurious to the use and enjoyment of other property, and will not substantially diminish other property values in the neighborhood, because the vehicle traffic to and from the site is limited and the applicant can provide parking for staff and transportation vans on-site. Iowa City Board of Adjustment June ] 0, 2009 Page 6 The proposed exception will not impede the normal and orderly development of the surrounding property for the reasons given above relating to traffic and the use of the property. She stated that adequate utilities, access road and drainage are already in place, and that the parking area will be brought into conformance with code requirements. Adequate measures have been taken to provide ingress and egress. The applicant is required to reduce the width of the entrance drives and curb cuts, and will reconfigure the parking area to improve safety for both vehicles entering and exiting the site, and for demarcation of pedestrian routes and sidewalks. The exception conforms with applicable regulations for the zone in which it is to be located and is consistent with the Comprehensive Plan because it provides a social service program. Sheerin concluded by saying that for the reasons she had just outlined, she would be voting in favor of approval. Hora said that he too would be voting in favor of the amendment for the reasons given by his colleagues. Eckstein said that she would be voting in favor as well. Wood added that he wished to momentarily go back to the specific standards. He said that because the transportation will be primarily by bus, the programs will be indoors, and the hours of operation will be confined to the work day, the overall character of the zone will not be altered, nor will future development for uses for which the zone is primarily intended. Wood noted that there will be adequate parking. He said that he too will vote in favor of the motion. A vote was taken and the motion carried 4-0 (Thornton excused). Wood stated that any person wishing appeal this decision to a court of record may do so within thirty days after this decision has been filed with the City Clerk's Office. EXC09-00004: An application submitted by First Mennonite Church to allow expansion of a daycare facility located in the Medium-Density Residential (RS-8) zone at 405 Myrtle Avenue. Walz noted that the church is in the RS-8 zone, and that there are residential properties that abut the facility. Walz said that this case was somewhat unusual in that it involves a church that houses a daycare, however the daycare is operated independently from the church: the daycare is not managed by church members, nor is it managed for the benefit of church members. The daycare is operated through 4Cs and it is intended to serve the children of families who are homeless or near homelessness. Staff felt it was appropriate to look at the special exception standards for both churches and daycares in evaluating this case. Walz noted that the first standard is one that came up at the May Board of Adjustment meeting. Similar to the previous case, the street on which this church/daycare is established is a 25-foot wide collector street with no parking on either side. Walz said that Staff has proposed an amendment to the City Council. The amendment passed the Planning and Zoning Commission Iowa City Board of Adjustment June 10, 2009 Page 7 unanimously, and should go through three considerations by the City Council by the end of July. The amendment would allow for uses along collector streets and streets less than 28 feet wide, provided that certain criteria are met. Walz said that if tonight's application was approved, it would be subject to the amendment being adopted by City Council. Walz said the applicant is aware of this. Walz described the proposed addition to the church as a one-story addition of about 1600 square feet that would extend out from the back of the church. The entrance to the addition will face out toward Greenwood Avenue, Walz said, and there will be room for transportation vans to circulate for pick-up and drop-off. There is adequate parking for the use. The majority of children brought to the daycare are brought by van service, Walz said. To Staff it seemed unreasonable to bring pedestrian circulation all the way down the drive. Because the daycare can be accessed through the church, Staff felt it was reasonable to require only a small piece of sidewalk to be added to allow for direct pedestrian access to the building. The children, Walz noted, are not typically coming from the neighborhood, given the daycare's clientele. Both daycares and churches are subject to the multi-family standards of the zone. Here, Walz said, that is not a problem, as the vast majority of the parking is at the rear of the facility. The small amount of parking in the front of the building will require some screening to meet the multi-family standards. The proposed building addition has all of the features required for the zone, such as: a covered entrance, windows, construction with similar materials to the original building, etc. Walz said the daycare already has plenty of space for the 32 children they serve. The addition is being added so that the daycare has dedicated space that does not have to be shared with the church. The outdoor area is on a level area. Staff recommends striping be provided indicating a clear path from the outdoor area to the daycare. Walz said the church meets the setback requirements, and that the addition has been designed to complement the existing church. Walz said that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The addition is just for building space, it is not to expand the clientele, so there will not be an increase in intensity for the use. Adequate facilities are present to support the use. Because the addition is small relative to the size of the church, it should fit into its setting without impact to the surrounding neighborhood. Walz said that the two-way drive entering onto Greenwood and the one-way exit drive all have adequate visibility. Walz said that the church would need to fill in some missing screening for the parking lots. Iowa City Board of Adjustment June 10, 2009 Page 8 The proposed use will be consistent with the Comprehensive Plan. The future land use map shows this as asingle-family neighborhood and shows a public or institutional use at the church's location. Walz said that so long as the use can fit in safely in the neighborhood without intruding on it, it is an appropriate use. Staff recommends approval of this special exception to allow the expansion of the daycare facility in the Medium-Density Residential zone at 405 Myrtle Avenue subject to: 1) City Council approval of an amendment allowing expansion on streets less than 28 feet wide in some cases, 2) the required S2 screening in the gapped areas of the parking lot, 3) striping a pedestrian zone in the parking lot to get to the outdoor play area, and 4) completing the sidewalk connection between the Myrtle Avenue entrance to the church and the front sidewalk. Wood asked if there were any questions for Staff from the Board. Hora questioned the requirement of completing the sidewalk as it seemed an unnecessary requirement to serve those parking in the church parking lot. Walz explained that the sidewalk expansion was not necessarily to serve those in the parking lot, but to improve pedestrian access from the neighborhood. She said that a direct pedestrian connection from the street sidewalk to the front entrance was a requirement of the multi-family standards. Hora said it seemed to him to be a waste. Walz said that if one was going to the church by bus or by foot, one might need that complete pedestrian access. She said that it is true that a pedestrian could choose to walk through a parking lot, but that it is not the preferred way to do things according to the zoning code. Walz acknowledged that the sidewalk connection is not of particular use to those driving to the church. Hora stated that the parking lot in question is an existing parking lot and it seemed wasteful to him to implement all of the screening standards just because an unrelated 1600 square foot structure was being added on, when the existing screening had been fine for all of these years. Walz explained that this is the way things come into conformity with the zoning code. When properties require special exceptions or building permits, over time, the City steps them toward compliance. Walz acknowledged that the parking lot screening is in a sense unrelated to the daycare use, but that it is the opportunity the City has to step the church closer to compliance with the zoning code. Walz said that while in this situation very little additional screening is required, the City does not differentiate between that situation and one in which greater effort and expense is required to achieve conformity. Hora said it just seemed like an undue burden to put on the church, as the parking lot/sidewalk condition was pre-existing and is not what the church wishes to alter. He said he understands what the code says and that the Board is supposed to be following the code, however, he said that sometimes he thinks it is a little bit excessive. Greenwood Hektoen said that the applicant could speak to whether or not they think it is excessive; she said they seemed very willing to make the necessary changes. Hora said he did not doubt they were willingly complying, but that the changes cost the church money unnecessarily. He said he realized the Board was not the body to make those kinds of changes. Walz said that the Comprehensive Plan recommends very strongly for complete pedestrian Iowa City Board of Adjustment June 10, 2009 Page 9 access. In this situation, the sidewalk connection is a requirement of the code. Walz said there are other things in very particular situations where relief can be granted. In terms of pedestrian access, Walz said, she did not know how Staff could make the determination that no one would be using that sidewalk and it was therefore unnecessary. Hora said that to his mind, the original reason behind the sidewalk was to provide handicap access to people accessing the church from handicap stalls in the parking lot. Walz pointed out that there is also an issue of handicapped people who will be accessing the facility from the bus system. Hora said he understood there was no winning this argument, but that he was just venting some of his frustrations. Eckstein noted that the daycare facility is licensed for 32 children, has capacity for 50 children, but the outdoor structure only has capacity for 25 children. She said this raised questions in her mind about the adequacy of the outdoor facility. Walz said that the applicant was present to answer such questions, but that her understanding was that there are never 25 children in the outdoor play facility at one time. Walz noted that the daycare was not restricted to using only the fenced play area; the larger property could be used for play. However, having a fenced outdoor play area is a requirement for daycares. Eckstein asked if it was the case that by code the fenced in area had to be a certain size based on the number of children that will be using it. Walz said it was important to keep in mind that a certain percentage of the kids at the daycare were infants, and would not be using the outdoor area at all. Hora asked if it would be necessary to remove a parking stall or two to allow for pedestrian access striping from the daycare to the outdoor play area. Sheerin said she had concerns about the safety of that as well. Walz said that the building official could determine whether removal of a parking space would be necessary to achieve the pedestrian walkway. She said that a site plan would have to be submitted prior to the issuance of a building permit, and the building official would check for that at that time. However, she said, the Board could certainly require the removal of one if they wished. Sheerin asked if the building official would have to take the safety of children into account when reviewing the site plans, and Walz said that he would. There were no further questions for Staff, and Wood invited the applicant to address the Board. Diane Funk, 520 Kimball Road, spoke on behalf of the First Mennonite Church. Eckstein asked if Funk could speak to the size of the outdoor play area for children and to the access of it from the daycare. Funk said that they had looked into moving the play area closer to the addition, but they ran up too close to the property lines. Funk said the location of the play area was decided on 12 years ago when the daycare first came to the church; the space was chosen because the play area could be seen from the back door of the church. Funk said the play area is in the process of being redesigned and is being enlarged by four feet. The square footage does meet Department of Human Services requirements, Funk said. As far as access, Funk said, there has never been a problem historically, and the children are always accompanied to and from the play area. She said that she understood that there were always safety concerns when traffic is involved. Funk said it is not a high traffic area, and that unless there is a funeral, the parking lot fills up in the morning and the cars stay there all day. Iowa City Board of Adjustment June 10, 2009 Page 10 She said she nevertheless felt the striping was a good idea, and that she believed the church would be amenable to removing a parking space if it was deemed necessary. She reiterated that she had not heard the daycare express any difficulty in getting the children to and from the building. She said the amount of cars shown in the aerial photograph of the parking lot in Staff's presentation was fairly representative of the amount of cars parked in the lot during the week. The Board had no further questions for Funk. Wood closed the public hearing and invited discussion from the Board. Hora asked if any of the other Board members were interested in adding a requirement to remove parking stalls. Sheerin said that she was fine with considering it. Hora moved to recommend approval of EXC09-00004, an application for a special exception to allow expansion of a daycare facility located in the Medium-Density Residential (RS-8) zone at 405 Myrtle Avenue subject to the following conditions: 1. City Council approval of an amendment to the zoning code allowing religious and private group assemblies and daycare uses along streets of pavement width narrower than 28 feet; 2. Required S2 screening of the parking areas, to be determined by the building official; 3. Striping of the parking lot to indicate designated pedestrian routes between the daycare facility and the outdoor play facility and the removal of one parking stall in that area to accommodate the route; 4. The completion of the sidewalk between Myrtle Avenue and the front of the church building. Sheerin seconded. Walz noted that with the new addition, some of the inner row of parking closest to the church that is currently depicted on the photograph will be removed. She said that the removal of these spaces makes for a safer opportunity for kids to travel through that area. Eckstein stated that the proposal will not be detrimental to the public health, safety, comfort or general welfare of the surrounding neighborhood; nor will it be injurious to the use and enjoyment of the other property in the immediate vicinity. It will not substantially diminish or impair property values in the neighborhood. She said the proposed exception will not impede the normal development or improvement of the surrounding properties for uses permitted in the RS- 8 zone. Utilities and access roads, drainage and other necessary facilities are provided, with the caveat that City Council must first pass the necessary amendment concerning street widths. The ingress and egress from the designated area is sufficient and the effect on traffic should not be a Iowa City Board of Adjustment June 10, 2009 Page 11 factor here. Eckstein said that it is understood that there will be an increase in landscaping to fill in the gaps along the parking lot and that there will be a sidewalk added from the church to the public sidewalk at the front of the building. A striped zone will be added to lead from the door of the daycare facility to the outdoor play facility, which will require the removal of one parking space. Hora concurred with the points laid out by Eckstein. He added that the basic use of the facility will not be changed and the intensity will not be increased, but the addition will make for a better facility at the current level of intensity. Sheerin added that the traffic and the vehicle situation will be unchanged by the addition because for the most part the children are transported to and from the facility by van service. Sheerin said there is sufficient area in front of the daycare for the necessary circulation and parking of the transport vehicles. Pedestrian access will be improved by the addition of a sidewalk between the street and the front of the church. The addition will complement the existing building in terms of materials and style. Wood added that the facility already has sufficient space for 50 children, which will be maintained with the new addition. The outdoor play area will never be used by more than 25 children at one time, Wood noted, even if the number of children at the site approached 50. Wood stated that there is plenty of parking at the site, and that the traffic flow should not be affected by the addition. Wood stated that he intended to vote in support of the motion. The measure passed on a 4-0 vote (Thornton excused). Wood stated that any person wishing appeal this decision to a court of record may do so within thirty days after this decision has been filed with the City Clerk's Office. ELECTION OF OFFICERS: Walz stated that Wood would be leaving the Board due to relocation. A replacement to serve out Wood's term as Chair through the end of the 2009 calendar year was needed. Thornton will continue to serve as Vice-Chair. Eckstein nominated Sheerin to serve as Chair. Wood seconded. There were no other nominations. A vote was taken and the nomination was approved unanimously (Thornton excused). BOARD OF ADJUSTMENT INFORMATION: Iowa City Board of Adjustment June 10, 2009 Page 12 Walz noted that the August 2009 meeting will be cancelled due to staffing concerns. There will be a July 2009 meeting if there are applications. ADJOURNMENT: Eckstein moved to adjourn. Sheerin seconded. 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