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HomeMy WebLinkAbout2003-03-11 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 11th day of March, 2003, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1) Public hearing on an ordinance amending Title 14, Chapter 6, Article M, Accessory Uses and Buildings to change the requirements for childcare homes. 2) Public hearing on an ordinance rezoning 2.8 acres from Factory Built Housing Residential (RFBH) to Planned Development Housing Overlay 12 (OPDH- 12) and an OPDH plan for Saddlebrook Addition Part 2 located on the east side of Heinz Road east of Paddock Boulevard. 3) Public hearing on an ordinance changing the zoning designation from Central Business Service Zone (CB-2), to Central Business Support Zone (CB-5) for Block 67 of the Original Town Plat, excepting the 6,000 square foot property at 130 North Dubuque Street. 4) Public hearing on an ordinance changing the zoning designation from Central Business Service Zone (CB-2), to Central Business Support Zone (CB-5) for a 6,000 square foot property at 130 North Dubuque Street. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "ZONING DEFINITIONS," AND ARTICLE M, ENTITLED "ACCESSORY USES AND BUILDINGS," SECTION 1, ENTITLED "PERMITTED ACCESSORY USES AND BUILDINGS." WHEREAS, the provision of childcare is a use that is commonly accessory to residential uses; and WHEREAS, there is a demonstrated need for the provision of childcare within the community; and WHEREAS, the State of Iowa has made certain changes to the regulation of childcare homes which allow an increase in the number of children allowed in any one childcare home provided that certain site and facility requirements are met; and WHEREAS, changes to the City Code are necessary to be consistent with the State regulations and will open up the opportunity for additional quality childcare in Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: City Code Title 14, Chapter 6, Zoning, Articte B, Zoning Definitions, be amended to replace the existing definition of Child Care Home, with the following definition: CHILDCARE HOME: A home-based childcare facility, which provides less than twenty-four (24) hours per day care or supervision in a residence for a maximum of sixteen (16) children at any one time. City Code Title 14, Chapter 6, Zoning, Article M, Accessory Uses and Buildings, Section 1, Permitted Accessory Uses and Buildings, Subsection A, paragraph 12 is amended to replace the existing text with the text that follows: 12. Childcare homes that provide care for up to 8 children, provided the operation and maintenance of the childcare home meets all applicable State requirements. A childcare home is permitted one nonresident caregiver in addition to the primary resident caregiver. A new paragraph is added to 14-6M-IA, as follows: 13. Childcare homes that provide care for 9 to 16 children, provided the following conditions are met: a. The home must provide a fenced outdoor play area of not less than 50 square feet per child based on the maximum number of children that will be using the outdoor play area at any given time; b. The home must contain 35 square feet of interior floor space per child, excluding kitchen, bathrooms, and halls; c. The home must have a working fire extinguisher, smoke detectors, and two direct exits; d. The operation and maintenance of the home must meet all applicable State requirements. e. The home is permitted one nonresident caregiver in addition to the primary resident caregiver. City Code Title 14, Chapter 6, Zoning, Article M, Accessory Uses and Buildings, Section 1, Permitted Accessory Uses and Buildings, Subsection B, paragraph 15 is amended to replace the existing text with the text that follows: 15. Childcare homes that provide care for up to 8 children, provided the operation and maintenance of the home meets all applicable State requirements. A childcare home is permitted one nonresident caregiver in addition to the primary resident caregiver. A new paragraph is added to 14-6M-lB, as follows: 16. Childcare homes that provide care for 9 to 16 children, provided the following conditions are met: a. The home must provide a fenced outdoor play area of not less than 50 square feet per child based on the maximum number of children that will be using the outdoor play area at any given time; b. The home must contain 35 square feet of interior floor space per child, excluding kitchen, bathrooms, and halls; c. The home must have a working fire extinguisher, smoke detectors, and .two direct exits; d. The operation and maintenance of the home must meet all applicable State requirements. e. The home is permitted one nonresident caregiver in addition to the primary resident caregiver. Ordinance No. Page 2 SECTION V. REPEALER. Ail ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,2003. MAYOR ATTEST: CiTY CLERK City of Iowa City MEMORANDUM Januaw 30,2003 To: Planning and Zoning Commission From: Karen Howard - Associate Planner Re: Childcare Homes Staff recently received a request from a child care provider to change Iowa City's regulations regarding childcare homes to match recent changes to State law. The state changed the regulations to allow home-based childcare providers to care for up to 16 children provided they meet certain facility requirements and provider qualifications. Prior to the change, the maximum number of children in home-based care was 11. There are several zoning regulations in Iowa City that prevent a provider from taking advantage of the changes to the state law: · The Code defines a "childcare home" as a home-based childcare facility for a maximum of 11 children. These are regulated as permitted accessory uses in residential zones. · A "childcare center" is defined as a nonresidential childcare facility for 12 or more children. · In single family residential zones there can be no more than one principal use per lot. These provisions prevent a provider from establishing a "childcare center" in their home, even though childcare centers are permitted in all single family residential zones by special exception. A provider that wants to take care of more than 11 children in their own home could not apply for a special exception for a childcare center, merely because they reside on the premises. According to Housing and Inspection Services, there have been some problems with allowing large home-based childcare facilities as permitted accessory uses with no consideration for the lot size, size of the home, traffic, etc. As a consequence, we were planning to make some changes to the regulation of childcare homes as a part of the Code Rewrite project. It also seems reasonable to change the City's Code to be reasonably consistent with the new state regulations. However, if we wait to make these changes as a part of the larger Code Rewrite Project, childcare providers such as Ms. Russell, will not be able to take advantage of the changes made to the state regulations until the new Code is adopted. Recommendation: Maintain "childcare homes" as a permitted accessory use. but regulate them more carefully based on the number of children being cared for. Staff recommends that the Code be amended as follows: Childcare homes that provide care for up to 8 children would remain a permitted accessory use. Childcare homes that provide childcare for 9-16 children would be considered an accessory use, but must meet the following standards: · ,' The home must provide a fenced outdoor play area of not less than 50 square feet per child based on the maximum number of children in care at any one time. v' The home must contain 35 square feet of accessible, usable interior floor space per child, excluding kitchen, bathrooms, and halls. ¢ The home must have a working fire extinguisher, smoke detectors, and two direct exits. v' The operation and maintenance of the childcare home must meet all applicable State requirements. Based on state requirements the childcare home may have one nonresident caregiver in addition to the primary resident caregiver. Approved by: ~ ,,~¢/Z'~ Robert Miklo, S~nior Planner, Department of Planning and Community Development City of Iowa City MEMORANDUM February 6, 2003 To: Planning and Zoning Commission From: Karen Howard - Associate Planner Re: Childcare Homes I understand from Bob Miklo that there were some questions raised at your informal meeting on Monday regarding the proposed changes to the regulation of childcare homes. Following are some points to keep in mind as you consider the proposed Code amendment: Any home-based childcare provider who cares for s~x or more children must register with the State and meet State provider qualificatiohs. Since the State administers and enforces these requirements, there seems little reason that the City should duplicate their efforts. The proposed changes to the Zoning Code will allow providers that meet the most stringent facility and provider qualifications to care for an additional five children in their home. According to Michelle Hankes, Executive Director of the 4 C's Coordinated Child Care, only about 20 providers in Iowa City meet the Category C requirements that would allow care of more than 12 children. Of the five additional children allowed, two must be part-time and two must be school-aged children that need before- or after-school care. Due to the different times that parents would be dropping off and picking up their children, it is unlikely that this change would have much affect on neighborhood traffic. One point of clarification, staff is not recommending that a special exception be required for childcare homes, only that homes that provide care for over 8 children have to meet certain site and facility requirements. Child Care Resource & Referral * Child Care Provider Education * Toy Library & Resource Center * Home Ties Child Care Center * Best Beginnings Infant Care Program * Child and Adult Care Focal Program Parent Education * In-Home Child Care Provider Mentor Program * Child Advocacy Board of Directors 2003 President Judith Crosseh' Vice-President Joan Teph/y Treasurer James Pusack Secretary Kay Prediger Board Membem Alice A~kinson K#$~n Fink Dave Mer~ck John Har~ey Program Staff Executive Director Michelfe L. Hankes Associafe Director & Education C~ordintaor Susan Gray Resource & Referral Coordinator Jus~ne Retz Food Program Coordinator Trad Miller Fecd Prcgram Assistant Ellsha Harem Home Ties Ccordinatar Courtoey Graglia Home Ties Lead Teachers Benada Dabe~c Jess~ca Tushoski Abigatl Fliehler In-Home provider Merdor Diane Kean Toy Library Ccordinatar Vanaja Chandran Recep§onist Victoria McBden Lily Henderson City Clerk Iowa City Council 410 E Washington Street Iowa City, IA 52240 March 6, 2003 Dear City Clerk, On behalf of child care providers in Iowa City, I would like to request expedited consideration for the child care guidelines issue appearing before the city council on March 11, 2003. State of Iowa guidelines already allow child development homes with two adults in care giving positions (type C) to increase the number of children they may serve to 16 children. This change occurred in December 2002 after careful consideration by legislatures and eady childhood edu- cation experts. Current Iowa City guidelines limit the number of children served to twelve. The need for more child care in Iowa is greater than in any other state. Over 75% of families with children must have child care because both parents work outside the home. This is the highest rate in the nation. Iowa City's workforce depends upon having adequate child care, and without a workfome, economic stability is impossible. Thank you for your consideration. If you have any questions, please do not hesitate to call me. Sincerely, Michelle Hankes, Executive Director Unlbmd Of Johnson County Administrative Offices 1500 Sycamore Street Iowa City, IA 52240 Phone: (319) 338-7684 Fax: (319) 338-9139 Home Ties Child Care Center 405 Myrtle Avenue Iowa City, IA 52246 Phone: (319) 341-0050 Fax: (319) 338-9139 Toy Library & Resource Center Sycamore Mall Iowa City, IA 52240 Phone: (319) 341-0075 Fax: (319) 338-9139 I E-mail: fourcsl~inav.net www.iowa4Cs.com I Iowa City Planning and Zoning Commission 410 E. Washington Street Iowa City, Iowa 52240 Dear Members of the Iowa City Planning and Zoning Commission: A new bill, Senate File 2205, concerning Child Development Homes, became effective, on December 1,2002, for the state of Iowa. However, because of some of the Iowa City regulations, very few Iowa City residents will be able to benefit from the new changes in the state law. Therefore, I would like to request to have this matter discussed at the next meeting of the Planning and Zoning Commission. I discussed this new bill with Ms. Karen Howard, Associate Planner and Ms. Jann Ream, Code Enforcement Assistant. Ms. Howard said she thought it would be "reasonable" to have the Iowa City regulations match the state of Iowa laws regarding Child Development Homes and she suggested that I write a letter to you requesting to have this subject put on the agenda of the meeting of the Planning and Zoning Commission. I provide a valuable service to many parents who work in Iowa City and I have a waiting list of more parents who would like to enroll their children. As you may know, there is a shortage of high quality child care in Iowa City. If the Iowa City regulations matched the state of Iowa laws regarding Child Development Homes, some other well-qualified, experienced, registered child care providers and I would be able to provide excellent child care for more families. Allowing highly-qualified child care providers to care for more children could strenghen the local economy because more parents could go to work and have peace of mind as they work, knowing their children were receiving excellent care. The new state law not only allows registered child care providers to care for more children but it also increased the training requirements for those child care providers who want to care for more children. The training requirements are the highest for those registered child care providers who want to care for a total of 16 children with two adult registered child care providers present. In fact, the law reads, "If more than 8 children are present, both (adult) providers must be present." Both registered child care providers must be at least "21 years old; have either 5 years experience working directly with children in child care, or have earned a CDA or 2 or 4 year child-care-related degree AND 4 years experience working directly with children in child care." Those registered as joint child care providers who have fulfilled the above requirements are now allowed by the state to care for a total of 16 children. However the current Iowa City regulations prevent people like myself, (a licensed teacher) from expanding our businesses to accomodate more families. Since child care is such an important service to the community, we hope you will review the current regulations and make adjustments so more families can be served in high quality Child Development Homes. I am enclosing a copy of the letter I received from Jody Caswell, Program Manager, Child Care Unit for the Iowa Department of Human Services. Ms. Caswell included information concerning the new state regulations, requirements and number of children allowed in each category of Child Development Homes. Thank you for your consideration. Sincerely, VaJerie M. Russell r~elds of Oppon~ties THOMAS J. VlLSACK, GOVERNOR SALLY J. PEDERSON, LT. GOVERNOR November 27, 2002 STATE Of IOWA DEPARTMENT OF HUMAN SERVICES JESSIE K. RASMUSSEN, DIRECTOR Dear registered child care home provider: As you are aware, in the last legislative session, a new bill was passed that changed the way child care homes are regulated in Iowa. The bill, Senate File 2205, included the following changes: · Any person caring for six or more children at any one time MUST be registered with the Department of Humar~ Services. Rather than the current seven categories of child care home registration (family, group, group/joint, Levels 1-4), there will now be three categories of Child Development Homes - A, B, and C. The Child Development Home title makes it clear that you are doing more than just "caring" for children - you are helping to guide their development. Providers will qualify for specific categories Df Child Development Homes based on their experience and education. Providers with more experience and education will be allowed to care for more children. · Registrations will be renewed every two years rather than yearly. · Smoking is prohibited in child development homes during the hours of operation in areas where child care is provided. This new system will become effective December 1, 2002. When your current registration is renewed, you will be registered as a Child Development Home provider. WHAT CATEGORY OF HOME WILL YOU QUALIFY FOR? As a currently registered provider, you will be "grandfathered" into the new categories: If you are currently registered as a family, group, or Level 1-3 child care home, you may choose to register as a Child Development Home A or B provider, even if you do not meet all of the provider requirements. If you are currently registered as a group/joint or Level 4 provider, you may choose to register as a Child Development Home A, B, or C provider, even if you do not meet all of the provider requirements. You must, however, meet all the facility requirements for the category of home at which you choose to register. When your registration is due for renewal, you will need to let the local DHS office know which category you want to register at. 1305 E WALNUT STREET - DES MOINES, IA 50319-0114 HOW DO YOU BECOME REGISTERED? In order to become registered, you will need to contact either your local Department of Human Services office or your local Child Care Resource and Referral agency. They will send you an application that will ask for information about your child care experience and education, and you will need to list all persons living in your home. There is no fee for applying. After you return the application, DHS will complete criminal, child abuse, and sex offender record checks on you and your household members. If you or a member of your household have a criminal or child abuse history, you will be asked to provide additional information so that this situation can be evaluated. This evaluation will determine if any restrictions on providing child care are necessary. Included with this letter are charts showing the number of children allowed in care and the provider, facility, and training requirements for each category of child development homes. You must meet all the provider and facility requirements in order to quali~ for registration at a certain category. If you have questions about the new registration system, either your local Department of Human Services office or your local Child Care Resoume and Referral agency can provide information and support in helping you understand what the changes mean for your child care business. Sincerely, Program Manager Child Care Unit Iowa Department of Human Services 515-281-3186 jcaswel@dhs.state.ia.us CHILD DEVELOPMENT HOMES Number of Children Allowed in Care Category A Category B Category C Under 24 4 at a time- 4 at a time - 4 at a time months Only 3 may be Only 3 may be under the Both providers must be under the age of 18 age of 18 months present When 4 children month~ under the age of 18 months are in car~. Under school 12 age, including 6 6 If more than 8 are present, under 24 both providers must be months present. School-aged 2 for less than 2 ~l 2 for less than 2 hours (kindergarten hours at a time Can be full2time in child at a time or a higher care when no school. grade) Assistant required if more than 8 are present for more than 2 hours at a time. Additional 0 2 at any one time 2 at any one time part-time Maximum 16--- capacity 8 12 If more than 8 children are present, both providers must be present. ~imum for 12-- 16-- inclement 8 If more than 8 children are If more than 8 are present, weather and present, must have a 14 must have 18-year-old emergency year-old assistant, assistant. school closings Note: These numbers include the provider's infant and preschool children. Category B & C providers may use up to 180 part-time hours per month. These children may be any age (not to exceed the maximum number of children under 24 months).* CHILD DEVELOPMENT HOMES Facility, Provider, and Training Requirements Category Facility Requirements Provider Qualifications _ Training Requirements A , Fire extinguisher , 18 years old , .Within ist 3 months: · Smoke detectors · 3 reference letters · Mandatory reporter training · First aid with rescue breathing · Ist year of registration: 12 hours training, 2 hours must be health and safety · 2nd year and following: 12 hours of training B · 35 square feet per · 20 years old · Within 1st 3 months: child indoors · High school diploma or · Mandatory reporter · 50 square feet of GED training child space outdoors · Have either: · First aid with rescue · Quiet area for sick · 2 years experience breathing children working directly with · 1 st year of registration: · Fire safety: childrea in child care, or 12 hours training, 2 hours · Fire extinguisher · CDA or 2- or 4 -year must be health and safety · Smoke detectors degree in child care · 2nd year and following: · Two direct exits related field AND 1 year 12 hours of training of experience working directly with children in child care C · 35 square feet per · 21 years old · Within 1st 3 months child indoors · High school diploma or · Mandatory reporter · 50 square feet of GED training child space outdoors · Have either: · First aid vdth rescue · Quiet area for sick · 5 years experience breathing children working directly with · 1 st year of registration , Fire safety: children in child care, or 12 hours training, 2 hours · Fire extinguisher · CDA or 2- or 4-year must be health and safety · Smoke detectors child-care-related degree · 2nd year and following · Two direct exits AND 4 years experience 12 hours of training working directly with children in child care VALERIE MICHELLE RUSSELL OBJECTIVE: EDUCATION: MAJOR: EXPERIENCE: ! - 735 Westgate Street Iowa City, Iowa 52246 (319) 339-0800 EARLY CHILDHOOD EDUCATOR B.A. from The University of Iowa; Iowa City, Iowa; 1992 Earned 2 5 graduate credits: Reading/Early Childhood ELEMENTARY EDUCATION: Grades: Pre-K- 8 Specializations: Early Childhood Education English/Language Arts Speech Communication/Theatre EARLY CHILDHOOD EDUCATION TEACHER: Douglass E a r l y Childhood Center, Kansas City, Missouri. Successfully guided students using the "Project Approach" and "Centers." Motivated students to develop a love for learning and an appreciation for books. Empowered children to find answers to their own questions and become responsible problem-solvers. Dramatically read to students and guided meaningful, story-related activities including field trips, "writing," simple "cooking" and art projects. Evaluated children's progress i n reaching educational goals. Sel~¥ed as "Teacher i n Charge" for two years. Prepared school newsletter for fouryears. August1994-June5,2000. FIRST GRADE TEACHER: Crispus Attucks Annex Elementary School, Kansas City, Missouri. Provided aprint-rich environment and hands-on math and science activities. Incorporated active participation, cooperative groups, problem-solving and social skills. Met individual needs. Edited school newspaper. 1993-1994. KINDERGARTEN TEACHER: Crispus Attucks Annex Elementary School, Kansas City, Missouri. Successfully used developmentally- appropriate practices. Implemented whole language philosophy. 1992-1993. STUDENT-TEACHER: Calvin Coolidge Elementary School, Cedar Rapids, Iowa. Kindergarten, earned an "A +;" Second grade, earned an"A." Hosted aspecial "Parents' Night." Spring1992. May 8, 2000 This is a letter of Recommendation for Valerie Russell. Ms. Russell has worked in The Douglass Early Childhood Center under my supervision for the past six years and I feel that I am well acquainted with her skills, abilities, and ambitions in the child care field. Ms. Russell has proven herself to be not only capable and dependable, but also very talented at her work. She is consistent and positive in all of her interactions with the children, and works hard to give individ-a! attention to all children in her care. During the time Ms. Russell has been employed at The Douglass Early Childhood Center, she has been given increasingly greater responsibilities and has met each new challenge with energy, creativity and determination. Ms. Russell is committed to her teaeNng career. The teaching profession needs her enthusiasm and creativity. Should you think it necessary or desirable, I would be happy to discuss Ms. Russell's qualifications with you personally. I can be reached at (816) 418-6485. Bianca Love, Principal THE UNIVERSITY OF iOWA RECOMMENDATION FOR VALERIE RUSSELL Valerie was a former student of mine who graduated from our program in 1992. She took a position teaching preschool children in the Douglas Early Childhood Center in Kansas City, MO. In 1998, I spent a day there observing Valerie and her morning and afternoon classes, and I was pleased to see how well she worked with the children. She has a good knowledge of early childhood curriculum and has a very kind and caring manner. Valerie is a serious and experienced childhood professional, and I am proud to have had her as a student. Richard Elardo Associate Professor, Earl)' Childhood Education July 13, 2000 College of Education Diwsmn of Curnculum and Instruction 259 Lindquist Cu'. N 319/335-5324 Iowa Ci~', Iowa 52242.1529 FAX 319/335.560~' STATE OF IOWA Board of Educational Examiners LICENSE VALE~IE MICHELLE RUSSELL CLASS- EDUCATIONAL ENOO~SE~IENTS K-6 TEACHER ELEM CLASSROOM K-6 iSSUE DATE ENGLISH/LANGUAGE ARTS O1 lZ O0 EXPIRES 08 310q K-6 SPEECH C~MN/THEATRE ~/t ,,~ V ~' ~' SS 486-62-2069 HAS COMPLETED HUMAN REL Group Child Care Home - Joint Registration Certificate of Registration is hereby granted to Valerie Russell & Abigail Jara to care for a maximum number of eleven children (includes provider's own preschool-age children) at any one time plus four school-age children for less than two hours at 735 Westgate Street, Iowa City, IA 52246 for the period beginning August 1, 2002, as provided by Chapter 237A of the Code of Iowa. As provided by 441 Iowa Administrative Code, Chapter 110, the provider has certified in writing compliance with the following requirements for: Number of children Health and safety Provider qualifications Fire safety Meals Records Activity program Separate quiet area for sick children Discipline Training Fire safety Qualified joint registrant The Department of Human Services certifies only that this provider meets guidelines regarding criminal and abuse history. Issued by the authority of the Del~artment of Human Services this 24 day of July, 2002 42-52-441 Registration Number Registration Authority Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ02-00020) ORDINANCE NO. AN ORDINANCE REZONING 2.8 ACRES FROM FACTORY BUILT HOUSING RESIDENTIAL (RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY 12 (OPDH-12) AND AN OPDH PLAN FOR SADDLEBROOK ADDITION PART II LOCATED ON THE EAST SIDE OF HEINZ ROAD, EAST OF PADDOCK BOULEVARD. WHEREAS, the property owner, The Paddock LLC, has requested a rezoning to allow the development of 26 townhouse-style dwellings; and WHEREAS, the Planning and Zoning Commission has found that the proposed High Density Single- Family (RS-12) zoning with a Planned Development Oveday (OPDH-12), provides a transition between the existing Residential Factory-Built Housing (RFBH) and Medium Density Multi-family (RM-20) zone in the area; and WHEREAS, the Planning and Zoning Commission found the proposed RS-12 zoning and OPDH plan to be in conformance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed preliminary OPDH plan, including variations from the underlying RS-12 zoning to allow 26 attached multifamily units on a single lot; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAl. The property described below is hereby reclassified from its current classification of RFBH to OPDH-12 and the associated preliminary planned development plan is hereby approved: Lot 5, Part 2, Saddlebrook Addition, Iowa City, IA as recorded in plat Book 42, pages 246 and 247, Johnson County Recorders Office. SECTION II VARIATIONR. The RS-12 requirement that townhouses be located on individual lots is hereby waived to allow the clustering of up to 26 townhouse-styte dwelling units on one common lot. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV SEVERARILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, prevision or part thereof not adjudged invalid or unconstitutional. SECTION V EFFECTIVE DATF This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __. day of ,20 MAYOR ATTEST: CITY CLERK Approved by /2' e1't~ Atto~ey's Office ppdad m/ord/REZ02-00020.doc Ordinance No. Page, It was moved by and seconded by as read be adopted, and upon mil cell there were: that the Ordinance AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 3 / ! !/0 3 Vote for passage: AYES: Vanderhoef, NAYS: None, Second Consideration Vote for passage: Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab, ABSENT: None. Date published STAFF REPORT To: Planning & Zoning Commission Item: REZ02-00020, Lot 5 Saddlebrook, RFBH to OPDH-12 Prepared by: Robert Miklo Date: January 16, 2002 GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Public Services: The Paddock L.L.C. Brenda Nelson 112 West Fifth Street West Liberty, IA 52776 (319) 627-6818 Rezoning from RFBH to OPDH12 To allow the construction of 26 townhouse- style dwelling units East side of Heinz Road east of Paddock Blvd. 2.8 acres VacantRFBH North: South: East: West: RM-20, Multi-family residential Vacant, RFBH Agricultural, county zoning Residential, RFBH Residential duplex or small-lot single-family December 23, 2002 February 6,2003 Municipal water and sewer service are available to serve this property. Police and fire services will be provided by the City. Garbage collection will be provided by a private hauler. 2 BACKGROUND INFORMATION: Saddlebrook development was annexed into the City in 1994. At that time this property and the large area to the west were rezoned Residential Factory Built Housing (RFBH). The area to the north was zoned Medium Density Multi-Family (RM-20). Heinz Road, a collector street, provides access from Highway 6 to this property and the larger Saddlebrook development. The applicant is requesting that Lot 5 of Saddlebrook Addition, Part 2 be rezoned to allow the development of multi-family units in the form of townhouse-style dwellings rather than manufactured housing units that the current RFBH zone allows. The applicant is proposing to develop the plan under the Planned Development Housing Overlay regulations of the zoning ordinance. ANALYSIS: Comprehensive Plan: The land use plan for this area indicates that it is appropriate for small-lot single-family or duplex dwelling units. This designation was given to the property in 1997 and recognized the development plan that had already been approved for Saddlebrook, including small-lot single family homes in the RFBH zone. When the applicant inquired about rezoning this property to allow additional 10 or 12-plex apartment buildings in this area, staff advised them that would be counter to the South District Plan as well as the overall Comprehensive Plan, which discourages the concentration of large apadment complexes in developing neighborhoods. There are currently 4 12-plex buildings just to the north of this property and an additional 9 12-plex buildings have been approved for construction. An additional 60 apartments have been built on the west side of Heinz Road. In staff's opinion adding to the 216 apartment units built or planned, would result in more apartments than desirable to meet the plan's goal of a diverse mix of housing. The applicant therefore has proposed rezoning this property to Planned Development Housing (OPDH-12) and has submitted a development plan for 26 townhouses style units, which they intend to market to individual owners as condominiums. Staff has worked with the applicant to design the townhouses according to the housing policies contained on pages 6-7 of the South District Plan. Most of the proposed townhouses would have parking behind the buildings in 2 car garages. One building of 4 units proposed towards the interior of the property would have 2 units with one-car garages facing the street and 2 units with two-car garages entered from the sides. An 18-foot wide private rear lane would provide access to the parking for all of the units. This design will allow the buildings to present a more residential appearance to the public street according to the policies of the Comprehensive Plan. In addition to the parking located in the garage, all but five of the units, would have additional parking spaces located in driveways. No parking will be allowed on the private rear lane. The proposed townhouse-style units will lend to the housing diversity in this neighborhood, and will provide a transition between the existing apadments and the single-family homes in the Saddlebrook development. Staff feels that if permitted at a density similar to the RFBH zone, the introduction of townhouses in this area would be in general conformance with the comprehensive plan. The applicant's statement indicates that approximately 26 manufactured housing units could be located on this property. Staff feels that this number may be high given that there would be the need to include at least a private street to serve the individual manufactured housing units. We estimate that the actual number of manufactured housing units would be approximately 10 - 15. Therefore the proposed 26 dwelling units would be an increase over what the existing zoning would likely result in. The Planned Development Housing Overlay is intended to encourage efficient use of land and therefore slightly higher 3 Housing Overlay is intended to encourage efficient use of land and therefore slightly higher densities than the underlying zoning normally produces. So in this case the increase in density would not be, in staff's view, unreasonable provided the additional units can be located on the lot and still allow for open space. The applicant has proposed two areas of common open space that may be used by the residents of this development. An approximately 10,000 square foot open area is shown in the northeast corner of the development. A smaller landscaped area, including a gazebo, outdoor tables and grills, is shown on the eastern side of the property. Because this rezoning will allow a slight increase in density, greater amounts of traffic will be generated from this development. Heinz Road is a collector street and therefore should be able to accommodate the additional traffic. However, because Heinz Road represents the only access to over 500 potential housing units, a previous Conditional Zoning Agreement on this property has limited development of the overall Saddlebrook development to 460 housing units prior to the construction of secondary vehicular access. There are currently 233 housing units within Saddlebrook and 48 under construction. Therefore the additional 26 housing units allowed by this rezoning will be allowed at this time. But once 460 units are built no further units may be located in the dev.elopment until a second means of street access is provided. STAFF RECOMMENDATION: Staff recommends that the rezoning of 2.8 acres from RFBH to OPDH-12, and a preliminary Planned Development Housing Overlay Plan for 26 townhouse style dwelling units located on the east side of Heinz Road east of Paddock Boulevard, be approved. ATTACHMENTS: 1. Location Map 2. OPDH plan 3. Building Elevations 4. Applicant's statement Approved by: DK~/dFrmaennk~ioni pDliraenCnti°nr~ and Community Development RFBH PROCTER AND GAMBLE WAREHOUSE PADDOCK CIRCLE , ,: ,~;,' !:- ,!:ui~::~1 I~ ;3 Z ;~< !; ~ ~F._RC~F_RoN M ong Ln. RFBH ~ ///~ Iond Ln. SITE LOCATION: 1240 Paddock Blvd. REZ02-00020 N Nel~:~ HEEL . AM Management 805 S. Gilbert St. Iowa City la. 52240 Ph: 319-354-1961 Fax: 319-351-0070 Lot 5 Saddlebrook Addition Part 2 Statement as to why zone change is warranted The vision of the Saddlebrook Development to provide to its residents a real sense of community through diversity and amenities, value in their housing choice and a lifestyle that is unique in the Iowa City Area. With a 4,000 sq. ft. clubhouse complete with a full kitchen, gathering room, conference room, fitness center and media room, walking trails throughout the development and the wetlands area, 2 ponds, a picnic shelter, 2 playground areas, a basketball court and ample green space we feel we offer an amenity package second to none in this area. We currently offer 3 types of housing; luxury, affordable apartments for the professional person who is not yet ready to buy a home, quality condo units under $80,000 for those buying their first home or others looking to downsize and large, single family manufactured homes for those that want and need a detached home at an affordable price. The addition of the proposed townhomes; Belmont Townhomes at Saddlebrook, will help to enhance the vision set forth above. A diversity of housing to meet all budgets and lifestyles is essential to creating the vision of Saddlehroook. Diverse housing types bring in diverse residents, which help to create a sense of community within the development. Meeting the housing needs of a wide range of people, while at the same time providing value and affordability is what makes Saddlehrook and the Saddlebrook lifestyle unique in this area. The Belmont Townhomes will provide yet another quality, affordable (prices starting in the $120,000's and not above $150,000) housing choice for the population of the Iowa City area. Under its current zoning, lot 5 would accommodate approximately 28 manufactured housing sites, adding to the 285 sites akeady platted on lots 4, 6, 7 and 8. By changing the use of this lot, we are able to offer the same amount of housing, but by differentiating the type of housing, we are better able to meet the varying needs of a diverse Iowa City Area population. The development directly to the north is the Triple Crown Condominium project, which is a 3-story, apartment style building. Building the Belmont Townhomes, which will be a 2-story townhome style building, will provide a natural transition into The Paddock, which is the single family manufactured housing development located to the west and south across Heinz Rd. In summary, we feel that providing a diversity of housing, maintaining design features consistent with the Iowa City Comprehensive Plan, allowing a smooth transition between the higher RM-20 zones to the north and the RFBH zoning to the south and west, along with eliminating driveways along Heinz Rd. make the proposed project on lot 5 of the Saddlebrook Addition Part 2 warranted. Thank You for the consideration of our request. Steve Gordon General Manager AM Management Managing entry of the Saddlebrook Development 1 ~00-376-7267 AM Management 805 S. Gilbert St. Iowa City Ia. 52240 Ph: 319-354-1961 Fax: 319-351-0070 March 5, 2003 RE: Lot 5 Saddlebrook Addition Part 2, Preliminary PDH12 Plan Mr. Mayor and City Council Members The public hearing for the above project is scheduled for the Council meeting of Tuesday, March 11, 2003. We respectfully request that the Council consider also doing the first reading of this project at the Tuesday, March 11th Council meeting. This meeting is the only scheduled Council meeting during March this year. This project has staffsupport and their was no public opposition at the Planning and Zoning Commission meetings. P & Z also recommend approval of the project. Respectfully, Steve Gordon General Manager AM Management DEFER TO 4/8/03 Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ03-00006) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICES ZONE, TO CB-5, CENTRAL BUSINESS SUPPORT ZONE FOR BLOCK 67 OF THE ORIGINAL TOWN PLAT, EXCEPTING THE 6,000 SQUARE FOOT PROPERTY AT 130 NORTH DUBUQUE STREET. WHEREAS, due to a rezoning request of a property in Block 67 from CB-2, Central Business Service Zone, to CB-5, Central Business Support Zone, the City has initiated rezoning the remainder of Block 67 from CB-2 to CB-5, in order to preserve consistent and predictable zoning for all the properties on the block; and WHEREAS, the Iowa City Comprehensive Plan identifies the Near Northside commercial district, including Block 67, as appropriate for mixed use, residential/commercial development. WHEREAS, the proposed CB-5 zone allows more opportunity for mixed-use development due to less stringent parking requirements and a higher allowable floor-to-area ratio; and WHEREAS, the Northside commercial area has historically developed as a mixed-use, pedestrian- oriented commercial area; and WHEREAS, Block 67 contains a mixture of uses including commercial, office, and religious institution, all of which will continue to be permitted in the CB-5 zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. The property legally described below is hereby redesignated from CB-2 to CB-5: Block 67 of the Original Town Plat of the City of Iowa City, Iowa, excepting the north 75 feet of Lot 4 of Block 67. SECTION II ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION Ill. CERTIFICATION AND RFCORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SFVERABILITY. If any section, provision or par[ of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ., 20 MAYOR ATTEST: CITY CLERK Approved by City ,~,t~'ne~"s dffice City of Iowa City MEMORANDUM Date: February 6, 2003 To: Planning and Zoning Commission From: John Yapp, Associate Planner Re: REZ02-00021: Rezoning Request for 130 North Dubuque Street REZ03-00007: Rezoning Request for Block 67, Original Town Plat I have discussed the 130 North Dubuque Street property with staff from the Seneca Company Environment Services Division, and the Iowa Department of Natural Resources. Seneca is the company operating the monitoring wells on the property, and would be the company to prepare and design a remediation plan for the site if it is redeveloped. Currently the site is a known contaminated site. In the language of iowa DNR, there are contamination drivers and receptors. Common drivers are contaminated ground water or vapors from a contaminated area. Common receptors are wells, abandoned pipe systems, or basements. One of Iowa DNR's concerns is ensuring that a development project does not result in contamination drivers (e.g., vapors) finding their way into a receptor (e.g., basement). According to the Iowa DNR staff I spoke with, it would likely be cost-prohibitive to clean up the site to drinking water standards, due to the size of the plume of contamination and the relative small size of the property. Cleaning contamination to drinking water standards is required when there are wells drawing water from the area. Because no properties have wells in the vicinity, and Iowa City requires properties to use the municipal water system, the cleanup standard is less stringent. The staff I spoke with feel it is possible to develop a remediation plan (clean-up plan) for this property. The type of remediation plan being pursued for this property is an over-excavation, where more soil would be excavated than is needed for the basement. The area under the basement slab would be backfilled with gravel, and tile lines would be installed to draw off any vapors that might accumulate. Apparently over-excavation is a fairly common method of dealing with these types of properties. Iowa DNR would require additional testing during and after this process to determine the levels of contamination. The goal for the properly owner is to obtain a "No Further Action" (NFA) letter from Iowa DNR. This letter would be obtained once the pollution levels are at or below acceptable standards. Iowa DNR's enforcement mechanism is to issue an administrative order requiring that the site be cleaned up, and can fine the property owner if cleanup efforts are being ignored while development activities are taking place. Iowa DNR would need to work with the Attorney General's office in order to take a property owner to court to force them to clean up a contaminated area. Iowa DNR prefers to work with the property owner and/or developer in carrying out cleanup activities, ideally during a development process that is already occurring. All parties I spoke with agree that a redevelopment of this property is a good opportunity for removing as much contaminated soil as possible. In staff's opinion, the soil contamination issue is the same regardless of the zoning of the property. Iowa DNR would treat the property the same under the CB-2 or CB-5 zones. Rezoning Request for 130 North Dubuque Street January 31, 2003 Page 2 Other Contaminated Properties The Commission had asked how many other contaminated sites there are in Iowa City. According to Iowa DNR records, there are 72 properties in Iowa City that are known contaminated properties from leaking underground storage tanks (out of 186 registered underground storage tank sites). Out of these 72 contaminated sites, 47 have received a "No Further Action" status from Iowa DNR, which means no further clean-up activities are required by Iowa DNR. There are 25 properties that do require additional clean-up at some point, including the 130 North Dubuque Street property. Recommendation for Rezoning Block 67 As discussed at the January 16 Commission meeting, staff is recommending all of Block 67 be rezoned from CB-2, Central Business Service zone, to CB-5, Central Business Support zone. This is due to a desire for predictability and consistency for all the properties on the block, and to avoid a "spot-zoning" of a single property zoned differently than the other properties around it. Number of Parking Spaces The Commission had asked how many parking spaces would be possible if the property were converted to a surface parking lot. Given the size and dimensions of the property, I estimate 16 parking spaces would be possible on this property, with no other buildings present. Number of Persons Permitted Per Bedroom The Commission also asked how many persons are permitted per bedroom by code. According to the Housing Code, the minimum size of a bedroom is 70 square feet. One additional person would be permitted in the bedroom for every additional 40 square feet. In other words, two people could reside in the bedroom if it were 110 square feet, three people in a 150 square foot bedroom, etc. Both the CB-2 and CB-5 zones allow up to five unrelated persons to reside in a dwelling unit. STAFF RECOMMENDATION Staff recommends REZ02-00021, a request for a rezoning from CB-2, Central Business Service zone, to CB-5, Central Business Support zone, for a 6,000 square foot property located at 130 North Dubuque Street, be approved, subject to a Conditional Zoning Agreement requiring staff Design Review Committee approval of any new building on the property to ensure compatibility with the historic character of the area. Staff recommends REZ03-00007, a City-initiated request for a rezoning from CB-2, Central Business Service zone, to CB-5, Central Business Support zone, for Block 67, Iowa City Original Town Plat, excepting the 6,000 square foot property at 130 North Dubuque Street be approved. Approved by: Y~'~ j~ ~ Robed Miklo, Senior Planner Department of Planning and Community Development ppdadm/mem~y130ndubuquedoc DAVENPORT [I MARKET IEFFERSON MERCY HOSPITAL Z P UNIVERSITY OF IOWA ,ow^ CB 2 AVEB, $]TT~, LOCA'T[ON: 130 N. Dubuque Street REZ02-00021 UNIVERSITY OF IOWA Z ~ MARKET IOWA JEFFERSON 6132 DAVENPORT NOT( MERCY HOSPITAL SITE LOCATION: Block 67, Original Town Plat REZ03-O0007 OBJECTION TO PROPOSED ZONING CHANGE TO: FROM: RE: DATE: Iowa City City Council Wesley Foundation of Iowa Inc. First United Methodist Church of Iowa City, Iowa . Proposed Zoning Changes from CB2, Central Business Service Zone, to CB5, Central Business Support Zone, for Property in Block 67 of the Original Town Plat of Iowa City (Items 6(h) and (i) on the City Council Agenda for March 11, 2003; REZ02-00021 and REZ03- 00006) March 11, 2003 BACKGROUND Kevin Hanick has applied for the rezoning of a parcel located at 130 N. Dubuque Street, at the southeast corner of the Dubuque Street and Market Street intersection (REZ02-00021). The Planning & Zoning Commission recommended approval of this rezoning, from CB-2 to CB-5, and further recommended the rezoning of all of Block 67 from CB-2 to CB-5 (REZ03-00006). The Staff Report is dated January 16, 2003. The recommendation to rezone the balance of Lot 67 (in addition to the parcel at 130 N. Dubuque Street) is to avoid the objection that approving the original application would constitute "spot zoning". Wesley Foundation and First United Methodist Church are each the owners of property located in Block 67 and together constitute the owners of twenty percent (20%) or more of the area of lots included in the proposed zoning change. As such, the proposed change may no become effective except by the favorable vote of at least three-fourths of all members of the City Council. Iowa Code Section 414.5. This Objection is also supported by the Iowa B'nai B'rith Hillel Foundation, Inc., the owner of property within 200 feet of the property subject to the proposed zoning changes. OBIECTION 1. The reasons stated within the Staff Report in favor of rezoning are both specious and disingenuous. It is indicated that the entire block should be rezoned to reduce the parking requirements because the block is close in to downtown Iowa City and should, because of the proximity of the central business district, the availability of mass transit, etc. be developed to a higher density with decreased parking requirements. These justifications are not valid for numerous reasons, including the following: A. This block, while close in, is separated from the central business district by the University of Iowa campus and is not an extension of the central business district. B. The predominant land use in this block has, throughout the history of Iowa City, been to house major churches. One-half of this block has been occupied for well over a century by First United Methodist Church and St. Mary's Roman Catholic Church. In addition, the Wesley Foundation has occupied a significant portion of the block for an extended period of time. The only other property owners on the block are those who own Brewery Square which, in the mid to late 1980's, was converted to commercial space after having housed The Economy Advertising Company since the early 1900's. While this is a very old building, substantial amounts have been spent in rehabilitation of it, and it is unlikely that any significant change in its use would occur in coming decades. Therefore, the only property in the entire block for which the proposed rezoning has any real effect is the former Amoco Station. 2. Significant conflicts may develop between the uses of the Wesley Foundation property and the proposed development. The present Wesley Foundation property is used for a variety of uses. The former Geiger house, facing Market Street, is used for living by a group of students, usually international, who are engaged in religious studies. Six students presently live in this home. It is contemplated in the redevelopment plans that the air conditioners to cool the building would be located immediately adjacent to the Geiger house which could cause disruption for the present occupants of that property. In addition, there are numerous uses in the main Wesley House structure, including three campus ministries, three human service agencies, a Hispanic ministry of the United Methodist Church, an historic black church and Dreamwell Theatre. This facility is, quite literally, used 24 hours a day, and we are concerned about potential conflicts with commercial tenants on the first floor of the building proposed to be developed on the Property. 3. Parking is very much at a premium in this area. It is not in the public interest to diminish parking requirements in the area because there is so little available parking, both off street and on street, at the present time. The next closest city lot is a small lot north of the Hillel property off Market Street. The closest city parking lot is adjacent to Gilpins on Market Street, with the closest parking ramp being on Iowa Avenue. Parking is restricted on Dubuque Street and Jefferson Street for the entire week except for a few hours on Sunday. In addition, little parking is available on Market Street because of curb cuts. While underground parking for the proposed building would be provided, this would not provide parking for any first floor commercial development. WESLEY FOUNDATION OF IOWA INC. Jane Driscoll, Chair Board of Directors FIRST UNITED METHODIST CHURCH OF IOWA CITY, IOWA By ~./ffff.~-"/l/' -!/rid- Charles N. Funk, Chair Board of Trustees STATE OF IOWA ) ) SS. JOHNSON COUNTY ) On this II't2- day of March, 2003, before me, the undersigned, a Notary Public in and for said County and said State, personally appeared Jane Driscoll, to me personally known, who, being by me duly sworn, did say that she is the Chair of the Board of Directors of Wesley Foundation of Iowa Inc.; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Jane Driscoll, as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by her voluntarily executed. Notary Public ih and for said County and State STATE OF IOWA ) ) SS. JOHNSON COUNTY ) On this /['r~ day of March, 2003, before me, the undersigned, a Notary Public in and for said County and said State, personally appeared Charles N. Funk, to me personally known, who, being by me duly sworn, did say that he is the Chair of the Board of Trustees of First United Methodist Church of Iowa City, Iowa; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Trustees; and that the said Charles N. Funk, as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. ~!!i ~otar~~n an for~a4uTand State DEFER TO 4/8/03 Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ02-00021) ORDINANCE NO. AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS SERVICE ZONE, TO CB-5, CENTRAL BUSINESS SUPPORT ZONE, FOR A 6,000 SQUARE FOOT PROPERTY AT 130 N. DUBUQUE STREET. WHEREAS, the applicant, Kevin Hanick, has applied for a rezoning from Central Business Service Zone, CB-2, to Central Business Support Zone, CB-5, for a 6,000 square foot property located at 130 N. Dubuque Street; and WHEREAS, the Iowa City Comprehensive Plan identifies the Near Nodhside commercial district, including the subject property, as appropriate for mixed use residential/commereial development; and WHEREAS, the proposed CB-5 zone allows more opportunity for mixed-use development due to less stringent parking requirements and a higher allowable floor-to-araa ratio; and WHEREAS, the Near Northside commercial area has historically developed as a mixed-use pedestrian- oriented commercial area; and WHEREAS, to address concerns with the appearance of the structure being consistent with the historic character of the area, and historic landmarks on the block, property owner has agreed to a Conditional Zoning Agreement that defines appearance criteria for any new structure on the property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property legally described below is hereby redesignated from CB-2 to CB-5: TI)e north 75 feet of Lot 4, in Block 67, of the original Town Plat of the City of Iowa City, iowa. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGRFFMFNT Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest to and record at the owner's expense, the Conditional Zoning Agreement between the property owner and the City. SECTION IV CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify and record a copy of this Ordinance at the owner's expense at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. ~. A~I ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20.__ MAYOR ATTEST: CITY CLERK Approved by Cit~ ~'{'tor~ ~/~--?/~'~ ppdadrNo~dl130 n dubuque.dcc Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ02-00021) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Patricia Lenoch (hereinafter "Owner"). WHEREAS, Kevin Hanick, on behalf of the Owner, has requested that the City rezone approximately 6,000 square feet of property located at 130 N. Dubuque Street, from Central Business Service Zone, CB-2, to Central Business Support Zone, CB-5; and WHEREAS, the property is located in a commercial area with numerous historic landmark buildings; and WHEREAS, the property is located on an entranceway into downtown Iowa City; and WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change in zoning; and WHEREAS, Owner agrees that certain conditions and restrictions are reasonable to address issues of compatibility with the historic character of the Near Northside commercial district and nearby historic landmark properties, and to ensure appropriate development on Dubuque Street, and entranceway to downtown Iowa City. NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as follows: 1. Patricia Lenoch is the owner and legal titleholder of a 6,000 square foot property at 130 N. Dubuque Street, more particularly described as follows: The north 75 feet of Lot 4, in Block 67, of the original Town Plat of the City of Iowa City, Iowa. Owner acknowledges that the City wishes to ensure that any structure on this property is compatible with the historic character of the area and appropriate for an entranceway into downtown Iowa City. In consideration of the City's rezoning the property from CB-2 to CB-5, Owner agrees that the development of the subject property will conform to all the requirements of the CB-5 zone, as applicable, and the design of any new structure on the property shall be reviewed and approved by the City Design Review Committee, prior to a building permit being issued, according to the following criteria: a. The exterior walls facing the street shall be predominantly masonry; stone, or simulated stone may be used in combination with the brick. b. The entrance to the building shall be recessed and delineated by a canopy or awning, raised cornice, or similar architectural feature. c. Fenestration shall be predominantly vertical in proportion. d. The eave or parapet shall have a cornice. Signs shall be architecturally appropriate to the design of the building and context of the neighborhood. Appropriate types of signs include wall signs between the top of the first floor windows and the second floor, painted window signs, projecting signs, canopy or canopy roof signs. f. Illuminated awnings shall not be utilized. g. The visual impression of the underground parking entrance shall be minimized. Owner agrees to submit building elevation plans to the City Design Review Committee prior to requesting a building permit. The Owner shall obtain approval of the building elevation plans from the City Design Review Committee prior to a building permit being issued. Decisions of the City Design Review Committee may be appealed to the Iowa City Board of Adjustment. Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land and under Iowa Code 414.5 (2001), and that said conditions satisfy public needs that are caused by the requested zoning change. Owner acknowledges that in the event any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will conform with the terms of this Conditional Zoning Agreement. The parties acknowledge that this Conditional Zoning Agreement will be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The parties further acknowledge that this agreement will inure to the benefit of and bind all successors, representatives, and assigns of the parties. Owner acknowledges that nothing in the Conditional Zoning Agreement will be construed to relieve the Owner from complying with all applicable local, state, and federal regulations. The parties agree that this Conditional Zoning Agreement will be incorporated by reference into the ordinance rezoning the subject pt'operty and that upon adoption and publication of the ordinance, this agreement will be recorded in the Johnson County Recorder's Office. Dated this ~- day of '-/¢¢~ OWNER ,2003. CITY OF IOWA CITY Patricia Lenoch Ernest W. Lehman, Mayor Attested by: ppdadm/agUlenoch.doc Marian K. Karr, City Clerk Approved by: Cit~ 2 STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: REZ02-00021 130 N. Dubuque Street Date: January 16, 2003 GENERAL INFORMATION: Applicant: Kevin Hanick 2346 Mormon Trek Boulevard Iowa City, IA 52246 Phone: 351-8811 Property Owner: Patricia Lenoch 3347 Hanover Coud Iowa City, IA 52245 Requested Action: Rezoning from CB-2, Central Business Service Zone, to CB-5, Central Business Support Zone Purpose: To allow for the development of a mixed-use building, with a greater floor-to-area ratio and less required off-street parking than is permitted in the CB-2 Zone. Location: 130 North Dubuque Street, or the south east corner of the Dubuque Street / Market Street intersection Size: 6,000 square feet Existing Land Use and Zoning: Auto repair business; CB-2 Surrounding Land Use and Zoning: North: South: East: West: Gas station and convenience store; CB-2 Wesley Foundation; CB-2 Commercial; CB-2 Residential; PRM Comprehensive Plan: This property is in the Downtown Planning District, and is identified as part of a mixed-use area on the Comprehensive Plan land use map. File Date: December 10, 2003 45 Day Limitation Period: January 23, 2003 2 BACKGROUNDINFORMATION: The applicant, Kevin Hanick, is applying for a rezoning from CB-2, Central Business Service Zone, to CB-5, Central Business Support Zone, for a 6,000 square foot property located at the south east corner of the Dubuque Street / Market Street intersection. The property is currently occupied by Johnson's Auto Service. In a statement submitted by the applicant (attached), the applicant states that the intent of the rezoning application is to allow for the property to be redeveloped with a first-floor commercial space, up to 10 one- bedroom apartments and 10 underground parking spaces. The applicant's argument is that the size of the property in combination with the parking requirements make it economically infeasible to redevelop the property in the CB-2 zone. The applicant also states that rezoning the property to CB-5 is more likely to result in a development of appropriate quality for this gateway location. ANALYSIS: Comprehensive Plan The Comprehensive Plan land use map identifies this and other properties east of Dubuque Street in this area as 'mixed-use.' Both the existing CB-2 zone and the proposed CB-5 zone are consistent with a desire for mixed-use development, though the CB-5 zone, due to a higher allowable intensity of development and lower parking standards, allows more opportunity for mixed-use development. The Comprehensive Plan states that higher density development in the downtown area is generally desirable because there are more residents to support downtown businesses, and more housing downtown helps reduce development pressure on other neighborhoods. Upcoming Zoning Code amendments This rezoning application comes at a time when staff is working on proposed changes to the zoning code, to better conform with the policies in the Comprehensive Plan, and to have a more user-friendly format. One of the changes staff will propose is the elimination of the CB-2, Central Business Service Zone. With the elimination of the CB-2 zone, many areas now zoned CB-2 would be zoned to CB-5. The rationale behind this recommendation is related to the CB-5 zone being much better suited to encourage mixed-use development, due to it's higher allowable development intensity, lower standards for off-street parking, and more emphasis on quality site design. The CB-5 zone is much better suited to encouraging continued investment in pedestrian-oriented, mixed-use development in the commercial areas that border downtown. Differences in land uses and allowable densities in the CB-2 and CB-5 zones The CB-2 and CB-5 zones are similar in terms of allowable land uses, but very different in allowable densities and permitted size of buildings. Both zones allow all the uses permitted in the CB-10 zone, which include most retail, office, and personal service uses. Hotels are permitted in both zones, and apartments above the ground floor are permitted in both zones. Auto-and-truck oriented uses are permitted in the CB-2 zone, but not the CB-5 zone. The main differences that affect building size and site design are the floor-to-area ratio (FAR), parking requirements, and the design standards in the CB-5 zone. The FAR in the CB-2 zone is 2.0. This means that the building can have a maximum of 2 square feet of floor area for each one square foot of lot area. The FAR in the CB-5 zone is a base of 3.0, with the potential for an FAR of up to 5.0 if the applicant utilizes these bonus provisions. While the CB-5 zone allows a higher FAR than the CB-2 zone, it contains some site design standards that affect any redevelopment, including: Selected CB-5 site design standards · Maximum 12-foot front yard set back · Landscaping / brick requirement in any front yard set back · Minimum window/doorway requirements · Parking is required behind buildings or within a building · Location and size of signs must be integrated into the building · Other similar site design standards In addition, the CB-5 zone contains bonus provisions tied to the FAR to encourage design details such as masonry finish, street furniture, pedestrian activity areas, and preservation of historic buildings. The FAR is permitted to be increased from 3.0 to up to 5.0 if the development includes the type of design, pedestrian enhancements, and preservation of historic buildings encouraged in the CB-5 zone. Parking Requirements The pa[king requirements for most uses in the CB-2 zone follow the standard parking requiremehts applied to most of the zones in the City. A selection of permitted CB-2 uses and their parking requirements are as follows: Parking requirements for uses permitted in the CB-2 zone Multi Family Retail stores and shops Offices Laundry Banks parking parking parking parking parking parking space / 1 bedroom space / 2 bedroom space / 3 bedroom space / 4 bedroom space / 5 bedroom space / 200 square feet 1 parking space / 300 square feet (up to 27 spaces maximum) 1 parking space / each two laundry or drying machines 1 parking space / 200 square feet 4 Parking requirements for the CB-5 zone are much less, primarily to help support the stated purpose of pedestrian-oriented development, accommodation of mixed land uses, and so help maximize the land area suppoding structures as opposed to parking. Parking requirements for uses permitted in the CB-5 zone Multi Family: Commercial uses 1 parking space / 1 bedroom 1.5 parking space / 2 bedrooms or more No parking is required, but if provided a maximum of one parking space per 500 square feet of floor area is permitted. The historical pattern of development for the Near Northside commercial area has been of pedestrian-oriented buildings with little to no private-off street parking. Public parking is available through on-street meters, or metered lots such as on the north side of Market Street east of George's Buffet. Some more recent commercial developments have provided private, off-street parking (as is required in the CB-2 zone) such as the Dairy Queen / Pizza Pit building on the north side of Market Street. Under the CB-2 zoning, as properties redevelop, off-street parking requirements may result in more land being taken up by surface parking and less land by structures than is desirable to maintain the existing character of the area. Design Considerations In his statement, the applicant notes that an architecturally interesting structure at this location would be "more in keeping with the City's vision of a gateway street presence" along Dubuque Street entering downtown. Another factor to consider is the historic character of the Near Northside, which includes many Landmark properties including Brewery Square, Saint Mary's Church, and the old Park House Hotel (now apartments). Staff recommends that a rezoning of this property be subject to the design of a new building on the site being approved by the staff Design Review Committee, according to the design criteria already in the CB-5 zone, as well as the following criteria intended to ensure the structure is compatible with the character of the area: · The exterior walls facing the street shall be predominately masonry; stone or simulated stone may be used in combination with the brick. · The entrance shall be recessed and delineated by a canopy or awning, raised cornice, or similar architectural feature. · Fenestration shall be predominately vertical in proportion. · The eave or parapet shall have a cornice. · Signs shall be architecturally appropriate to the design of the building and context of the neighborhood. Appropriate types of signs include wall signs between the top of the first floor windows and the second floor, painted window signs, projecting signs, canopy or canopy roof signs. · Illuminated awnings shall not be utilized. · The visual impression of the underground parking entrance shall be minimized. Staff has discussed these design criteria with the applicant, and he has agreed to them. While the applicant appears committed to a building design that is compatible with the historic character of the neighborhood, staff recommends the need for the building design to be reviewed by the staff Design Review Committee be incorporated into a Conditional Zoning Agreement for the property. This will formalize the understandings about development on the property should property ownership change. Spot Zoning Issue Rezoning a single parcel of property for the benefit of the property owner (in this case allowing for a higher density of development on one small lot) is termed a 'spot zoning,' and is generally an inappropriate use of zoning powers. If the location and land use characteristics of a property make it appropriate to be zoned CB-5, then it would also be appropriate to rezone adjacent properties, which should have similar characteristics. This case is unique in that, as part of the update of the Zoning Code, staff will be recommending the CB-2 zone be eliminated, and many properties zoned CB-2 be rezoned to CB-5. While the staff-recommended changes to the Zoning Code will be presented to the Planning and Zoning Commission in the following months, adoption of the new zoning code will likely not occur until later this year. While staff has not had time to analyze the entire Near Northside CB-2 zone, we do feel it is appropriate to rezone this entire block to CB-5 as part of this rezoning application. The other uses on this block include: · First United Methodist Church · St. Mary's Church · Wesley Foundation · Brewery Square (and the businesses it contains) While it is unlikely the churches will redevelop, they are treated the same in the CB-2 and CB-5 zones. Brewery Square is a local Landmark building, and is also on the National Register of Historic Places; therefore, the Historic Preservation Commission will have oversight of any redevelopment of it. If the Wesley Foundation or house at 213 Market Street (part of the Wesley Foundation) redevelop, the CB-5 zone has more design criteria, and less parking requirements, than the CB-2 zone. The greater emphasis on design, lesser parking requirements, and more allowable Floor-to-area ratio in the CB-5 zone helps to encourage the mixed-use development encouraged for this area in the Comprehensive Plan. Staff has contacted the property owners of properties on the remainder of this block and will be discussing with them our recommendation for rezoning the whole block instead of just the property at 130 N. Dubuque Street. Staff feels a city-initiated effort to rezone this block should be considered at the Commissions February 6 meeting along with consideration of the 130 N. Dubuque Street property. 6 Summary The combination of a higher allowable floor-to-area ratio, lower parking requirements, and higher design standards in the CB-5 zone encourages the result of more pedestrian-oriented, mixed use development than is possible in the CB-2 zone. In staff's opinion, the goal of encouraging mixed-use pedestrian-oriented development warrants at least part of the Near Nodhside being rezoned to CB-5. The CB-5 zone is more consistent with the historic development pattern of the Near Northside area, which is pedestrian-oriented buildings with 2nd and 3rd floor apartments, with little off-street parking provided. STAFF RECOMMENDATION: Staff recommends that REZ02-00021 a request for a rezoning from CB-2, Central Business Service Zone, to CB-5, Central Business Support Zone, for a 6,000 square foot property located 130 North Dubuque Street, be approved, subject to a Conditional Zoning Agreement requiring staff Design Review Committee approval of any new building on the property to ensure compatibility with the historic character of the area. ATTACHMENTS: 1. Location map 2. Statement from applicant Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development U:$jyapp/rezonings/rez02-00021 130 Dubuque Street.doc P UNIVER$1TY OF IOWA MARKET JEFFERSON IOWA DAVENPORT MERCY HOSPITAL g AVE i SITE LOCATION: 130 N. Dubuque Street REZ02-O0021 Statement The proposed zoning change (CB2 to CB5) of this particular property would, in simplest terms, allow for a quality redevelopment of this gateway location. Because the subject property is in a small parcel surrounded by clearly non-CB2 uses, it is a perfect candidate for zoning re-evaluation. Across the street are two religious institutional uses in a PRM zone. immediately to the south are the First Methodist Church and the Wesley House. In addition, the HandiMart to the north is an existing non-conforming usc. The size and access to the subject property, and more importantly, the parking requirement in the CB2 zone make it impossible to design any kind of project with econonfic feasibility. Under a new CB5 zone, it is possible to build a commercial space with ten underground parking places and ten, one bedroom or efficiency units on the second and third floors. As the current use (a gas station that has been converted to an auto repair facility) reaches an inevitable termination, the only feasible re-use under CB2 zoning would be as a parking lot. Given the heavy foot traffic and proximity to campus and downtown, a zoning that would provide fbr a mix of commercial and residential uses would seem appropriate. This would allow for an architecturally interesting structure more in keeping with the City's vision of a gateway street presence. Members of the City Council 410 East Washington Street Iowa City, Iowa 52240 Dear Member of the Iowa City Council- Pursuant to your consideration of a change of zoning at 130 North Dubuque Street, scheduled for public hearing on March 11, 2003, I would like to request expedited consideration of the rezoning. Thank you. Respectfully submitted, KevinHanick KEVIN HANICK Lepic-Kroeger REALTORS 2346 Mormon Trek Blvd. Iowa City, Iowa 52246 Publish 2/28 NOTICE OF PUBLIC HEARING TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City of Iowa City, Iowa will conduct a public hearing on the City's FY2004 Iowa DOT Consolidated Transit Funding grant application. The application will be for approximately $351,996 (3.3573%) in Iowa DOT state transit assistance formula funds to be used for operating and/or purchasing capital items for Iowa City Transit during FY2004. Said application will also include a listing of projects to be applied for in FY2004 from the Federal Transit Administration (FTA) Section 5307 and/or Section 5309 programs. The FTA Section 5307 program provides formula federal funds to be used for the operating and capital needs of Iowa City Transit. Section 5309 is a discretionary capital funding program. Section 5307 and/or Section 5309 projects to be applied for in FY2004 include (total cost and federal amount): 1. Operating assistance (FTA) - approx. $449,061 2. Construct Near Southside Transportation Center (Phase III - Remaining funding) - Total Cost - $2,500,000 - FTA - $2,000,000] 3. Transit associated capital maintenance - Total - $197,080 - FTA - $157,664 4. Purchase 8 light-duty 176" replacement paratransit vehicles (6135, 6138, 6139, 6220, 6221, 6222, 6223, & 6225) Total - $472,000 - FTA - $391,760 5. Purchase 8 40' heavy-duty replacement buses (633-640) - Total - $2,288,000 - FTA - $1,899,040 6. Purchase steam cleaner far maintenance - Total - $5,000 - FTA - $4,000 7. Purchase replacement coin sorter - Total - $10,000 - FTA - $8,000 TOTAL FUNDS = $5,768,080 FTA CAPITAL FUNDS - $4,697,264 Additional projects may be added before the public hearing is held. The public hearing will be held at 7:00 p.m. on March 11, 2003, in the Council Chambers of the Iowa City Civic Center, 410 E. Washington Street, Iowa City. A preliminary application will be on file March 4, 2003 at the JCCOG Transportation Planning Division Office, Iowa City Civic Center, 410 E. Washington Street, Iowa City, and may be inspected by interested persons. Any questions or comments regarding the application, the projects, or the public hearing, should be directed to Kevin Doyle, JCCOG Assistant Transportation Planner (319-356-5253) or e-mail kevin- doyle@iowa-city.org The projects are in conformance with the JCCOG Long Range Transportation Plan for the Iowa City Urbanized Area. Any interested persons may appear at the public hearing for the purpose of making objections or comments. Written comments will be accepted by JCCOG at the above address through the date and time of the hearing specified above. This notice is given by the City Council of the City of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK CITY OF IOWA CITY, IOWA JCCOG Date: To: From: Re: February 28, 2003 Iowa City City Council Kevin L. Doyle, Assistant Transportation Planner Iowa City Transit - Capital Projects Programmed for FY2004 The following projects have been programmed by Iowa City Transit for Federal Transit Administration [FTA] Section 5307 and/or 5309 funds in FY2004. The projects will be included in the FY2004 Iowa DOT Consolidated Transit Funding Application JCCOG is completing and in the FY2004-2006 JCCOG Transportation Improvement Program [TIP]. FY2003 Federal Transit Administration - Program of Projects Proiect Description Federal Share Construct Near Southside Transportation Center - Phase III [Remaining funding] $2,000,000 Purchase 8 40' heavy-duty replacement buses [633-640] Purchase 8 light duty 176" replacement vehicles. These are vehicles scheduled to be replaced that were transferred from SEATS. 1,899,040 391,760 Associated transit vehicle preventative maintenance [Eligible for up to 20% of total vehicle maintenance costs]. 157,664 Purchase steam cleaner for maintenance 4,000 Purchase coin sorter [replacement] Total FY2003 FTA Capital Requests 8,000 $4,697,264 NOTE: /nc/us/on of projects in this application and the FY2004-2006 Transportation improvement Program does not guarantee funding in FY2004. iowa DOT submits an annual statewide application for capita/ funds w/th the Federal Transit Administration and actual availability of funding wi// not be known until fa//, 2003. Give me a call at 356.5253 or e-mail kevin-do¥1e@iowa-city.orq if you should have any questions about this information. \ltransit\ict\04caplistitem.doc NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 4th day of February, 2003, at 7:00 p.m. in the Emma Harvat Hall of the Civic Center, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of the west one-half of a 20' wide by 60' long vacated portion of the alley located between 405 South Summit Street and 335 South Governor Street in Iowa City to Phyllis Tucker. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 4th day of February, 2003, at 7:00 p.m. in the Emma Harvat Hall of the Civic Center, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Cduncil will consider a Resolution Authorizing Conveyance of the east one-half of a 20' wide by 60' long vacated portion of the alley located between 405 South Summit Street and 338 South Governor Street in Iowa City to Sue M. Travis and Andrew D. Robedson. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK